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Open-ended Meeting of Governmental Experts

PoA Implementation Kit





Brokering Control












 
 

Republic of Korea
 

Name : Choong-geon Lee Job Title : Second Secretary
Entity : Disarmament and Nonproliferation Division, International Organizations Bureau, Ministry of Foreign Affairs and Trade Telephone :
Address : MOFAT Bldg., 60 Sajik-ro 8-gil, Jongno-gu, Seoul, Republic of Korea 110-787 Mobile : +82-2-2100-7249
Email : cglee03@mofat.go.kr Website :
 
   
 
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PrepCom for 2006 Review Conference :
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2005 - Second Biennial Meeting of States, July :
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2003 - First Biennial Meeting of States, July :
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2006 Review Conference :
2001 Conference :
 
     
   
 
     
 
07/07/03 : SECRETARY-GENERAL CALLS FOR REDOUBLED EFFORTS TO CURB ‘GLOBAL SCOURGE’ THAT KILLS 60 PEOPLE AN HOUR, AS BIENNIAL MEETING OPENS ON SMALL ARMS.
11/07/03 : REGIONAL GROUPS, INCLUDING FROM AFRICA, EXPLORE DELAYS IN AND SOLUTIONS TO IMPLEMENTING SMALL ARMS ACTION PLAN, IN BIENNIAL MEETING OF STATES.
12/07/05 : GREATER INTERNATIONAL COOPERATION CRITICAL TO FIGHTING SMALL ARMS TRADE,SAY SPEAKERS, AS MEETING TO REVIEW 2001 ACTION PROGRAMME CONTINUES.
20/03/06 : SECURITY COUNCIL DEBATES GLOBAL PROGRESS AGAINST ILLICIT SMALL ARMS TRADE; STRENGTHENED ARMS EMBARGOES, BROKERING REGULATION AMONG ISSUES RAISED.
11/01/06 : SPEAKERS CALL FOR LEGALLY BINDING INSTRUMENT ON MARKING, TRACING WEAPONS, AS PREPARATORY MEETING FOR SMALL ARMS REVIEW CONFERENCE CONTINUES.
 
 
     
   

   
 
     
 
   
   
 
 
     
 
Collection and destruction
  - The National Police Agency, in collaboration with the Ministry of National Defense, annually conducts a one-month campaign to promote voluntary reporting on the illegal possession of small arms and light weapons. Those who voluntarily report their illegal possession of small arms and light weapons are exempted from criminal charges. This campaign is advertised through press releases by the Commissioner of the National Police Agency, TV commercials and County Notices, and is evaluated as an effective way of collecting illegal small arms and light weapons and preventing their misuse. (National Report, 2008)
Public awareness
  - Visit of H.E. Carlos Dos Santos (Chairman of the Preparatory Committee for the Conference on Illicit trade in SALW) to raise awareness on results of illicit SALW and explore areas of cooperation/assistance to the African Region (May 2005). (National Report, 2006)
 
 
     
 
UN Participation
- In 2006, the Republic of Korea contributed US$20,000 to the establishment of database for the UN Coordinating Action on Small Arms (CASA), which was created in 1998 to coordinate the activities and efforts of various parts of UN system to address the problems associated with small arms and light weapons. (National Report, 2008)
 
 
     
 
Definition (including closely associated activities and extraterritoriality):
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Optional elements for national legislation (registration, record-keeping, licensing, related legislation, jurisdiction, penalties):
Article 57 of the Defense Acquisition Act requires brokers of major defense items including small arms and light weapons to register at the DAPA. Only registered brokers are authorized to conduct brokering in trade of major items including small arms and light weapons.
Operational information exchange (including a) Cooperation on activities violating UNSC arms embargoes; and b) Cooperation with relevant organizations, e.g. WCO, Interpol, the UN):
In March 2007, given that brokering activities have become rising proliferation threats, the ROK government co-hosted an International Seminar on Brokering Controls with the government of Australia to explore better ways to cope with brokering activities. The agenda includes the assessment of threats posed by brokering activities and regulations over brokering of various weapons including small arms and light weapons.

In February 2010, the Republic of Korea made a brief presentation on its national legislation on illicit brokering in SALW at the second UN Regional Seminar held in Bangkok, Thailand.
Cooperation and measures within a regional Organization:
National needs (Assistance in capacity building):
Notes:
 
 
 
     
Source : National Report on the Implementation of the PoA, 2010 and 2008
Date : 6/5/2011
National laws, regulations and administrative procedures:
Act on Defense Acquisition, 2 Januray 2006; Act on the Control of Firearms, Swords, Explosives, 13 December 1961

According to Article 42 (1) of the Act on the Control of Firearms, Swords, Explosives, etc. and Article 50 of the Act’s Presidential Decree, unmarked and inadequately marked small arms and light weapons to be used for non-military purposes are prohibited from being circulated.
National marking practices:
According to the Article 2 (4) of the Execution Regulation of the Firearms Control Act, information on manufacturer, model and caliber should be marked on the left side of the receiver and initials of manufacturer, year of manufacture and six-digit serial number on the right side of the receiver. The Article adds that the initials of the manufacturer, year of manufacture and six-digit serial number should be marked on the trigger.

Manufacturer and importer are permitted to manufacture and import only small arms and light weapons for which samples have successfully passed safety checks conducted by the Gun & Explosives Safety Technology Association (GESTA). One of the major criteria for such checks is compliance with the aforementioned regulations regarding marking. Small arms and light weapons that fail to comply with marking regulations are not permitted to be manufactured and imported.
Aaccording to Article 53 of the Act on Defense Acquisition, the DAPA is responsible for permitting the manufacturing and importing of small arms and light weapons to be used for military purposes. The Ministry of National Defense monitors whether or not small arms and light weapons are produced by authorized manufacturers in accordance with marking regulations of the Internal Rules of the Ministry of National Defense on Management of Weaponry.
Marking at the time of import:
Marking of SALW in the possession of government armed and security forces:
Pursuant to Article 53 of the Defense Acquisition Act, the DAPA requires an authorized manufacturer to produce small arms and light weapons in accordance with the Directives of the Ministry of National Defense. The directives stipulate that marking comprises the caliber, model, serial number and country of manufacture. Marking should be done at the point of manufacture. All information on domestically manufactured small arms and light weapons are input into the integrated system of information regarding the status of the management of munitions. This system is utilized for tracing small arms and light weapons to be used for military purposes. Each and every SALW should have a marking, on its body, which contains serial number and information on manufacturing country, manufacturer, type of a model, year and month of manufacture. All markings are engraved on finished products using roll or laser.
Measures against the removal or alteration of markings:
Accurate and comprehensive records for all marked SALW within their territory:
Manufacturers are required permanently to keep the records on the manufacture, possession, and transfer of all manufactured weapons including small arms and light weapons. All authorized possessors of SALW for non-military purposes should submit full information regarding their authorized small arms and light weapons such as country of manufacture, serial number, model, caliber, manufacturer, authorization number, authorized function, personal data of possessor, storage, etc. The information is input into the electronic system for management and safety of arms of the Gun & Explosives Safety Technology Association (GESTA).
Measures taken for undertaking traces and responding to tracing requests:
All the records on SALW used for military purposes are managed by the computerized Military Equipment Management System to allow effective tracing. Gun & Explosives Safety Technology Association (GESTA). This system is used to trace small arms and light weapons to be used for non-military purposes.

Operational information exchange:
The Republic of Korea has cooperated with other countries through Interpol or the National Point of Contact to identify and trace those groups and individuals involved in the illicit trade of SALW. In October 2003, at the request of Japanese Interpol, the Korean National Police Agency arrested and extradited Japanese fugitives suspected of smuggling small arms and light weapons into Japan.
Needs and request for assistance:
Implementation challenges and opportunities:
In May 2008, the ROK government co-hosted the regional capacity-building workshop with the UN Office for Disarmament Affairs (ODA) on the implementation of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons. Approximately 40 experts from 17 Asian countries, Interpol, the Bonn International Center for Convention (BICC), and the US Bureau of Alcohol, Tobacco, Firearms & Explosive (ATF) participated in the workshop. The workshop has been evaluated to have contributed to raising awareness on the above mentioned instrument and to the capacity-building of Asian countries. The workshop also provided an opportunity to establish a network among experts on small arms and light weapons.
Notes:
 
 
     
 

 
 
     
 
Regional seminars, meetings, workshops
- . In February 2010, the Republic of Korea made a brief presentation on its national legislation on illicit brokering in SALW at the second UN Regional Seminar held in Bangkok, Thailand. - The Ambassador of the Republic of Korea to Nepal delivered a keynote address at the UN Regional Seminar on SALW in Kathmandu, Nepal, in June 2009. - In May 2008, the ROK government co-hosted the regional capacity-building workshop with the UN Office for Disarmament Affairs (ODA) on the implementation of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons. Approximately 40 experts from 17 Asian countries, Interpol, the Bonn International Center for Convention (BICC), and the US Bureau of Alcohol, Tobacco, Firearms & Explosive (ATF) participated in the workshop. The workshop has been evaluated to have contributed to raising awareness on the above mentioned instrument and to the capacity-building of Asian countries. The workshop also provided an opportunity to establish a network among experts on small arms and light weapons. (National Report, 2010) - Presentation of a briefing on the status of national legislation on the prevention of the illicit trade of SALW at the UN Regional Workshop on SALW, Bangkok, May 2006. - Initiation of discussions on the ASEAN Regional Forum's contributions to the UN Conference on the Illicit Trade of SALW as a Chair of the Subcommittee on SALW at the ARF Experts Group Meeting on Transnational Crime, April 2001. - Presentation on the national report regarding preventive measures against the illicit trade of SALW at the ASEAN Regional Forum Experts Group Meeting on Transnational Crime co-hosted by Korea and Malaysia, October 2000. (National Report, 2006)
Regional projects
- Active participation in promoting harmonization of regional practices and capacity-building in national export control systems on the occasion of the ASEAN Regional Forum Experts Group Meeting on Transnational Crime as well as in the APEC Counter Terrorism Task Force. - The Korean National Police Agency has been strengthening cooperation with Japan and China in the area of safety management of firearms and exchange of information on the illicit circulation of small arms and light weapons by holding its annual bilateral working-level meetings with its respective counterparts in Japan and China. - The Republic of Korea has also cooperated with other countries through Interpol or the National Point of Contact to identify and trace those groups and individuals involved in the illicit trade of SALW. In October 2003, at the request of Japanese Interpol, the Korean National Police Agency arrested and extradited Japanese fugitives suspected of smuggling small arms and light weapons into Japan (National Report, 2006)