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Portugal
Source
: National Report on the Implementation of the PoA and the ITI, 2010 and 2008 
Date
: 06/05/2011
National Report
:
 
Contact
: Ministry of the Interior: Division for Arms and Explosives (DEPAEXP); Ministry of Defence: Major Abel Oliveira
Email
: depaex@psp.pt, abel.oliveira@defesa.pt
 
 
 
 


National laws, regulations and administrative procedures:

Law 17/2009 established a comprehensive regime which applies to all categories of small arms and light weapons.

 

 
 
 


National Marking Practices:

National practices on marking are fully consistent with the best practices established in international instruments, namely the UN Firearms Protocol, the Wassenaar Best Practice Guidelines for Exports of Small Arms and Light Weapons, the OSCE Best Practice Guide on Marking, Record Keeping and Traceability of Small Arms and Light Weapons and the Instrument to Enable States do Identify and Trace in a Timely and Reliable Manner Illicit Small Arms and Light Weapons. Regarding small arms for civil use, article 53.º of Law 5/2006 obliges each manufacturer to mark each of them with its name, model, year of manufacture and serial number. The firearms produced in Portugal should have a distinct mark issued by an official entity, recognized by the Ministry of the Interior. In arms found without appropriate marking, due corrections are made by national authorities.

Marking at the time of import:

Marking of SALW in the possession of government armed and security forces:

In relation to arms for military use, the Ministry of Defence requests that imported and exported arms are marked with the name of the manufacturer, the country of manufacture and the serial number. Marking of additional information such as the year of manufacture, the weapon type/model and the calibre is also encouraged.


Measures against the removal or alteration of markings:

In the case of repair of firearms that may result in the elimination of the serial number, firearms should first be examined and marked.

 
 
 


Accurate and comprehensive records for all marked SALW within their territory:

According to Law 5/2006, Article 51.º(2), the dealer has to keep, for a period of 10 years, a register of all the acts involving the manufacture and repair of firearms. Each register includes the type of weapon, the number, model and calibre. Besides, keeping an updated register, the dealer is also obliged to send this information to the Ministry of the Interior. The Ministry of the Interior is responsible for the register of small arms for civil use, which contains information on arms produced, imported, exported and transferred. Each register includes information on the following elements: manufacturer, number, model, calibre and elements of the transaction (date, entities involved, licence). Other information, such as the theft, loss and apprehension of a firearm, is also subject to registation The Ministry of Defence keeps an updated register on transfers of weapons for military use, as well as on weapons possessed and stocked by armed and security forces.

 
 
 


Measures taken for undertaking traces and responding to tracing requests
:

Operational Informaton Exchange:

Within the OSCE framework, Portugal presents national updates on aspects of SALW such as marking. At the EU level, Portugal actively participates in the work of the CFSP Group on Conventional Arms Export Controls (COARM). In that framework we provide data to the EU Annual Report on Arms Exports, which includes figures broken down by military list category (i.e. number of licences granted, value of licences granted and value of actual exports

Needs and Request for Assistance::

Implementation challenges and opportunities:


 
 
 

National point of contact for Marking at the Ministry of Defence: Major Abel Oliveira, Division for Imports and Exports Control, adoliveira@dgaed.mdn.gov.pt