![]() Module 5 (International Legal Framework) and Black-market firearms include therefore all illegally brokered, traded, diverted or trafficked arms, or those in active criminal, insurgency or terrorist hands, or stockpiled by such groups. These are transfers in clear violation of national and/or international laws, which take place without official government consent or control, including cases of diversion and illicit cross-border trafficking. Not held, used or conveyed for criminal purposes but identified as often ending up in the illicit market" (Bricknell, 2012: 23). Misplaced, lost or forgotten' firearms, antiques, souvenirs and battlefield trophies, all of which might still be capable of live firing, or easy conversion to live firing), " Grey market firearms' can also include largely unregistered firearms (including ' Grey transfers can also occur when, for example, governments or their agents exploit loopholes or circumvent national and/or international laws or policies. These transfers have some authorized elements while other aspects may be illicit, such as when authorized by either importing or exporting country but not both. These include, in general, all legally manufactured arms and international transfers that importing, exporting or transit States legally authorize in accordance with their respective national law and international law. Legality Spectrum': Legal or regulated transfers Generally identified are three types of market and stages, or types of transfers of firearms, referred to by the Small Arms Survey (2001) as the ' The dividing line between the legal and the illicit trade is not always easy to draw and depends on national legal frameworks and international law. "export, transit, trans-shipment and brokering, hereafter referred to as 'transfer'" (Article 2, 2 Arms Trade Treaty). However, the Arms Trade Treaty uses the term transfers to refer to the international trade in general, which comprisea broader category of transfers, namely The Protocol refers to arms transfers as the cross-border movement (import, export and transit) of firearms, their parts and components and ammunition, and their unauthorized movement from or across at least two State territories, as well as to the movement of firearms without proper marking as illicit trafficking. However, when is a transfer illicit? What constitutes an unauthorized transfer?Īccording to the Firearms Protocol and the Arms Trade Treaty, the term arms transfer mostly relates to international transfers. International', the term transfer is widely used in practice to include intra-national movements and nominal transfers of ownership within the same State jurisdiction. Authorized and unauthorized arms transfersĪuthorized arms transfer is the term most widely used to refer to the physical or nominal movement of arms from one owner to another a priori, regardless of any physical movement of the weapons.
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