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Open-ended Meeting of Governmental Experts

PoA Implementation Kit





Brokering Control












 
 

Philippines
 

Name : Rex Piad Job Title : Special Envoy on Transnational Crime (secondary) Raison Arobinto, OIC, Arms Smuggling
Entity : Office of the Special Envoy on Transnational Crime Telephone : ++63 999 7417 554
Address : Mobile : ++63 725 65 38
Email : osetc.phl@gmail.com;rex_0_5795@yahoo.com; rdarobinto@gmail.com Website :
 
   
 
2016 : English
2012 : English
2010 : English
2008 : English
2006 : English
2005 : English
2003 : English
 
 
2008 SC Open Debate (page#10-12) :
English
2008 - 3rd BMS :
English
2001 Conference :
2003 1st BMS :
2006 Review Conference/Prep com/thematic debate/cluster V :
2006 Review Conference :
English
 
     
   
 
     
 
09/07/03 : BIENNIAL MEETING OF STATES CONCLUDES CONSIDERATION OF NATIONAL PLANS TO CURB ILLICIT SMALL ARMS TRADE, HEARS PROPOSALS FROM CIVIL SOCIETY.
08/07/03 : SECRETARY-GENERAL CALLS FOR REDOUBLED EFFORTS TO CURB ‘GLOBAL SCOURGE’ THAT KILLS 60 PEOPLE AN HOUR (SUMMARY OF MEETING).
17/01/06 : INCREASED TECHNICAL, FINANCIAL ASSISTANCE AND CIVIL SOCIETY MOBILISATION (DEBATE ON RECOMMENDATIONS FOR SMALL ARMS REVIEW CONFERENCE).
 
 
     
   

   
 
     
 
   
   
   
   
   
   
   
 
 
     
 
Collection and destruction
  - The National Firearms Control Program (NFCP) was implemented last year pursuant to Executive Order 817. It was conceptualized in the First National Summit on Firearms Control last May 2009, participated in by members of the police force, government agencies, and civil society groups, for the purpose of creating a comprehensive and robust mechanism for the accounting of loose firearms. It seeks to resolve the problem of loose firearms proliferation and reduce the chances of loose firearms being used in election-related crimes through the following seven (7) action plans: (1) Accounting of firearms with expired licenses and unregistered firearms in the hands of the general population; (2) Accounting of organic and Captured, Confiscated, Surrendered, Deposited, Abandoned and Forfeited (CCSDAF) firearms of the Armed Forces of the Philippines (AFP) and other Law Enforcement Agencies (LEAs), as well as firearms owned by Local Government Units (LGUs), Government Owned and Controlled Corporations (GOCCs), government instrumentalities and other juridical entities; (3) Accounting of firearms under “Custodia Legis” or firearms in the custody of a judicial entity as evidence in the prosecution of a case; (4) Recovery of firearms in the hands of threat groups and criminal elements in crime or election violence-prone areas; (5) Advocacy for responsible gun ownership; (6) Establishment of “gun-free zones”; and (7) Legislative proposals for the enactment of stricter firearms control laws. As specified in EO 817, the NFCP also seeks to reduce the number of loose arms nationwide by three percent (3%) monthly. The implementation of the NFCP is carried out by the NFCP Executive Committee (NFCP EXECOM) with the PNP Chief at its helm, in concert with other government agencies. Different private organizations and civil society groups such as the Philippine Action Network on Small Arms (PhilANSA), the Association of Firearms and Ammunition Dealers of the Philippines (AFAD), United Airsoft Alliance, and the Firearms and Ammunition Manufacturers of the Philippines shall be regularly tapped for assistance, especially for vigilance, and in the dissemination of information. - A series of programs have been put in motion to fulfill the goals of the NFCP: The PNP activated National Task Force “BILANG-BOGA” to oversee the conduct of accounting, inventory, registration and recording of loose firearms. This includes the accounting of organic and CCSDAF firearms under the custody and possession of the PNP, the AFP, other LEAs, LGUs, GOCCs, government and other juridical entities and firearms under “Custodia Legis,” or firearms which are in the custody of a judicial entity or Office of the Prosecutor as evidence in the prosecution of a case, at the national, regional, and provincial levels. Data on all firearms are consolidated and reproduced in weekly accomplishment reports. (National Report, 2010) A supplementary National Task Force called “KONTRA-BOGA” has also been created to track the activities of armed groups in order to monitor firearms in their possession and prevent their illegal acquisition of loose firearms. - A Last and Final General Firearms Amnesty was conducted from 1 to 31 October 2009 and extended to 30 November 2009 to accommodate the registration of firearms and the renewal of expired licenses. The Amnesty program shall also accommodate the surrender of unlicensed firearms and paltik. Individuals who do not avail of the amnesty program shall be prosecuted and their firearms confiscated by the PNP. The final repository of surrendered firearms shall be the FED-PNP. There was active involvement of the Crime Laboratory during the last amnesty to prevent tampering and defaced serial numbers. This is expected to be sustained throughout the implementation of the NFCP. Random weapon-checks shall be conducted in crime-prone areas. Regular mobile checkpoint and chokepoint operations will be maintained. Active police operations for intelligence build-up, application of search warrants, and dismantling of private armed groups shall also be implemented. Massive information campaigns to promote awareness of the NFCP began last 21 July 2009 with the cooperation of partner agencies and the private sector. - The last ceremonial burning was conducted in 2007, which destroyed 32,726 assorted firearms. (National Report, 2010) - Due to the rising number of crimes being committed through the use of firearms, President Gloria Macapagal Arroyo had signed Executive Order 585 in November, 2007 granting immunity from criminal prosecution to persons who will surrender their loose or unlicensed firearms to the Philippine National Police before 13 June 2008. - A symbolic burning of more than 3,200 firearms was carried out on July 9, 2007 (UN Small Arms Destruction Day) at the Philippines National Police Parade Ground in Camp Crame. - Approximately 54,000 firearms are due to be destroyed by the military as part of its demilitarization of captured, confiscated, surrendered and deposited firearms. (National Report, 2008) - Implementation of "Balik-Baril" (Return Gun) buy-back programme to address the issue of firearms in the possession of returning rebels. - Implementation of Letter of Instruction "BAWI" (RECALL) to recover firearms not returned by active, retired or dismissed PNP personnel. - Implementation of Operational Plan "BAKAL" (STEEL) and "KAPKAP" (FRISK): surprise spot checking of loose firearms in the possession of persons in public places. - Implementation of Operational Plan "PAGLALANSAG" (Disband) which aimed to disband private armed Groups. This measure by the Philippine National Police vigorously enforced the arrest, confiscation and seizure of firearms, legally or illegally possessed, being used by politicians and unscrupulous individuals to terrorize the populace. - Implementation of firearms Amnesty (13 September 1993) - confiscation of 45,000 firearms (by December 2002). - Destruction of 6,500 SALW (July 10, 2001) and destruction of considerable number of firearms in 2002. (National Report, 2006)
Disarmament, demobilization and reintegration (DDR)
  - A DDR programme for development was set up in the Mindanao region to attain peace and development. Executive Order No. 496 places peace and development programs in Mindanao under the jurisdiction of the Office of the Presidential Adviser on the Peace Process. A Study on the Socio Economic Reconstruction and Development of Conflict-Affected Areas in Mindanao (SERD-CAAM) was started with the help of the government of Japan to produce more economic development plans for conflict prone areas in Mindanao. An order was signed by the Chief Executive to intensify DDR in areas where the Moro Islamic Liberation Front (MILF) and the Abu Sayyaf Group (ASG) operate and temporarily establish encampments. (National Report, 2010) - Initiation of social welfare programs and projects for the reintegration of "rebel-returnees" and their families to the mainstream society. (Amnesty for "Rebel-Returnee" Program by the government to encourage rebels to return to the folds of the law.) (National Report, 2006)
Control over manufacture
  - A new Regulation of the Firearms and Explosives Division of the Philippine National Police (FED-PNP), decentralizing the processing of license applications to the regional level, may encourage illegal local gun manufactures, particularly in the island of Cebu, to come out in the open and legally register their trade. (National Report, 2008)
Law enforcement
  - In 2007, the Philippine National Police recorded a total of 5,278 crimes involving firearms. Of the 5,278 crimes, 5,228 were committed with the use of unregistered guns. The remaining 50 cases involved licensed firearms. - During the 2007 local and national elections, the Philippine National Police confiscated 203 firearms and 28 explosives, arrested 154 suspects and filed 64 cases in court for violation of the election gun ban. (National Report, 2008)
Public awareness
  - Partnerships with the local firearms industry, private security providers, gun clubs and civil society, comprising policy development-oriented groups, gun control organizations, sports shooting clubs, research institutes, aid organizations/agencies, human rights groups, victims of heinous crimes, faith-based organizations, and community organizations to inculcate the culture of peace among the general population and to getter understand the negative impact of armed violence to the most vulnerable sectors of society. (National Report, 2008) - Conferences with owners of private security agencies and company guard forces, recognized gun clubs, dealers and manufacturers, businessmen and civic and non-governmental organizations on matters relative to new or updated firearms rules and regulations. - Adherence to policy promoting the peaceful settlement of disputes with the local/domestic threat groups, specifically through the peace process. - Updates on SALW issues are incorporated into the activities of the National Police community relations service, "Barangay (Locality) Immersion" Programme. - Information campaigns on firearms, explosives, firecrackers, pyrotechnic and related matters. are carried out periodically on different television and radio programs - Regular publication of all updated and related Laws, Rules and Regulations in the FED PNP manual on "Firearms and Explosives Laws, Rules and Regulations." (National Report, 2006)
Research/Capacity building/Seminars-Workshops
  CAPACITY BUILDING - Design of a national strategy (SLIDE) to combat the proliferation of illicit trafficking in SALW, namely focused on: storage safety; law enforcement/legal measures; information exchange, intensive training, public awareness and assistance program; disposition and accounting of CCSD firearms and transport of arms/weapons; export/import control. (National Report, 2006) SEMINARS-WORKSHOPS - Co-sponsored the Regional Seminar on Implementing the UNPoA (with Canada) held in Manila, 9-10 July 2002 - Held a National Conference on Transnational Crime in Pasay City, attended by different agencies of the government and related NGOs, 7-8 February 2002. (National Report, 2006)
National Strategy
  - The Philippine government has designed a national strategy codenamed SLIDE, to combat the proliferation of illicit trafficking in SALW. This strategy is anchored on the following 5-point agenda: (1) Storage Safety, (2) Law Enforcement/Legal Measures, (3) Information Exchange, Intensive Training, Public Awareness and Assistance Programme, (4) Disposition and Accounting of CCSDAF Firearms and Transport of Arms/Weapons, and (5) Export/Import Control. (National Report, 2010)
 
 
     
 
UN Participation
- Participation in the First Substantive Session of the OEWG (July 2004). (National Report, 2006)
Cooperation with civil society and NGOs
- The Philippine Government continuously coordinates with non-government organizations in the formulation of rules and regulations affecting the firearms industry like the Association of Firearms Dealers of the Philippines (AFAD), Philippine Action Network on Small Arms (PHILANSA), the Association of Firearms Manufacturers of the Philippines (AFAM) and a number of licensed multi-purpose cooperatives. (National Report, 2010)
 
 
     
 
Definition (including closely associated activities and extraterritoriality):
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Optional elements for national legislation (registration, record-keeping, licensing, related legislation, jurisdiction, penalties):
- The Philippines has no specific legislation on arms brokering.
- Memo Circular 99-009 of March 16, 1999, the “New Policy on Firearms and Ammunition Dealership” requires licences for indenters and dealers in firearms, ammunition and firearms spare parts. Firearms dealers are also required to apply for a Licence to Operate Dealership in firearms, ammunition, firearm spare parts and accessories, air gun, ammunition reloading components, and bullet proof vests.
Operational information exchange (including a) Cooperation on activities violating UNSC arms embargoes; and b) Cooperation with relevant organizations, e.g. WCO, Interpol, the UN):
Cooperation and measures within a regional Organization:
National needs (Assistance in capacity building):
Notes:
 
 
 
     
Source : National Report on the Implementation of the ITI and the PoA, 2010 and2008
Date : 6/5/2011
National laws, regulations and administrative procedures:
Presidential Decree 1866, as amended by Republic Act 8294; Executive Order No. 122, 13 September 1993
National marking practices:
By a Memorandum issued 15 August 1997 by the Firearms and Explosives Division of the Philippine National Police (FED-PNP) on "Firearms Description", authorised firearm manufacturers are required to mark their products showing therein a distinctive or unique mark and the firearm's model and serial numbers on at least three main parts of the fireram the receiver, the barrel and the slide.

All manufactured firearms, ammunition and major firearm parts must have their trade
marks of brands for easy identification and shall be deposited with the FED-PNP for
safekeeping prior to its sale to licensed/authorized dealers only upon approval of the Chief of
the Philippine National Police.
Marking at the time of import:
Marking of SALW in the possession of government armed and security forces:
All firearms in possession of government armed and security forces, as well as provate security agencies, local governmnet units, government owned and contolled corporations and other relevant governmnet agencies are distinctively marked.
Measures against the removal or alteration of markings:
Presidential Decree 1866, as amended by Republic Act 8294, and its implementing rules and regulations require licensed manufacturers of SALW to apply an appropriate and relaite marking system on each weapon as an integral part of the production process. The system of marking is user firendly and designed in such a way that markings are easily recognisable and readable. Police and customs officials can easily run checks by comparing an individual firearm with its accompanying documentation. Any removal or alteration of markings would be noticeable without any technical aid.
Accurate and comprehensive records for all marked SALW within their territory:
The Philippines maintains comprehensive and accurate records on the manufacture and holding of SALW under the provisions of Executive Order No. 122 which provides for the surrendering and licensing of loose firearms and the establishment of records for all firearms. All confiscated, captured, surrendered and deposited firearms are turned over to the storage branch of the Phillipine National Police (FED-PNP) to be recorded and tagged as to their type, kind, calibre, make and category. Each manufacturer must submit monthly reports to FED-PNP as to the type, calibre and quantities of finished products and sales made during that period. The FED-PNP is the final repository and sole clearing house of all records and information on firearms and ammuntion including government-owned firearms. Records are kept by this agency as long as necessary (with back up files stored on compact discs).

The Commission on Audit (COA) continues to assess the internal controls and policies adopted by concerned agencies whose main responsibility deals with the maintenance, safekeeping, and custody of government firearms. COA supports a nationwide inventory-taking of firearms to be witnessed by their field auditors in order to arrive at the correct balance and pinpoint accountabilities.

Any firearms manufacturing firm shall submit a monthly report to FED-PNP as to the
types, calibres and quantities of finished products and sales made during the period as well as
the inventory of the products and raw materials in stock.
Measures taken for undertaking traces and responding to tracing requests:
In order to track systematically firearms, and where possible their parts and components, the FED-PNP has upgraded its Firearm Management Information System. It allows for the identification and verification of an individual SALW's path and destinations. At present, all records of firearms and firearms holders are encoded in the FIMS and can be easily traced and updated. Applicants for new firearms licences are required to complete a list of mandatory requirements and give information for encoding in the FIMS.

The Firearms Ballistics Information System (FBIS) is implemented by the FED-PNP. This state-of-the art system of gun “fingerprinting” has been developed relying on computer analysis and is now widely used all over the world. It contains ballistics records which can be matched with firearms.
In addition, the NALECC, as mentioned, collates information to investigate and entrap smugglers. The 41 member agencies meet at least once a month.
Operational information exchange:
Information exchange and international cooperation is done through the Association of Southeast
Asian National Police (ASEANAPOL) and the INTERPOL NCB MANILA, which is also based in PNP headquarters. The INTERPOL NCB Secretariat is with the PCTC and co-located with the PNP-FED in Camp Crame.

The Philippine government shares information for law enforcement and prosecution purposes on the basis of supporting agreements such as the Agreement on Information Exchange and Establishment of Communication Procedures, signed 7 May 2002 with the governments of Indonesia and Malaysia.
Needs and request for assistance:
The Crime Laboratory Services of the Philippine National Police (CLS-PNP) has submitted to the Japan International Cooperation Agency (JICA) a project proposal on the acquisition of an Integrated Ballistics Identification System (IBIS). The IBIS digitally captures the images of bullets and cartridge cases, stores them in a database, performs automated computer-based comparisons of the images and ranks them according to likelihood of match. The estimated cost is P330m.
Implementation challenges and opportunities:
The new regulation by the Firearms and Explosives Division of the National Police (FED-PNP), which decentralises the processing of licence applications to the regional level, may encourage illegal local gun manfacturers, particularly on the island of Cebu, to register legally. In this way, the proliferation of illicit firearms as defined in para. 6 of the ITI may be drastically reduced.

The proposal to place universal markings on weapons as a means of identifying and detecting illicit trafficking in SALW would be a burden to less developed countries as it implies significant additional costs. The method of marking SALW should therefore remain a national prerogative. To trace and monitor the illicit trafficking on SALW, the Philippines would rely on Interpol in lieu of establishing an impartial and independent international registry which would be rather costly.
Notes:
 
 
     
 
Multilateral
- Information exchange and international cooperation through the Association of Southeast Asian National Police (ASEANAPOL) and the INTERPOL National Central Bureau MANILA INITIATIVES. Entry into a multi-lateral agreement with Southeast Asian countries (Indonesia and Malaysia), "Agreement on Information Exchange and Establishment of Communication Procedures" pertaining to transnational crimes. (National Report, 2006)
Bilateral
- Memorandum of Understanding with the Government of Indonesia to address the problem of SALW, including cooperation in exchanging information, participating in investigations and special investigative techniques, preventing illicit trade of SALW, ammunition, explosives, and explosives ingredients, facilitating the exchange of visits of official and experts from agencies and relevant organizations, improving transparency in production, stockpiling and transfer of SALW, ammunition, explosives, and explosives ingredients. (National Report, 2006)

 
 
     
 
Regional seminars, meetings, workshops
- Participation in the UN-sponsored Asian Conference in Thailand in April 2006 relevant to the scheduled 2006 UN Review Conference. - Seminar on Firearms and Gun Tracing, Japan, October 2003 - Participation in the ASEAN Workshop/Seminar on Arms Smuggling, Thailand, July 2003. - Participation in the regional seminar entitled "Implementation of the UN PoA: The Asia Pacific Perspective", Bali, Indonesia, 10-11 February 2003. - 8th International Seminar on Illicit Firearms Manufacturing and Trafficking, Japan, June 2002 (National Report, 2006)
Regional projects
- The Philippines is currently in detailed negotiations with Indonesia and also in talks with Malaysia about setting up a regional programme to combat illegal smuggling of firearms and facilitate information exchange. (National Report, 2010)