First Biennial Meeting of States to Consider the Implementation of the Programme of Action

(A/CONF.192/BMS/2003/CRP.2)

16 June 2003 English Original: Spanish

First Biennial Meeting of States to Consider the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects New York, 7-11 July 2003

Letter dated 1 April 2003 from the Permanent Mission of Mexico to the United Nations addressed to the Department for Disarmament Affairs on the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

The Permanent Mission of Mexico to the United Nations presents its compliments to the United Nations Secretariat and has the honour to submit the national report of Mexico (2003) regarding the implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, with the request that it be circulated as a document at the First Biennial Meeting of States to Consider the Implementation of the Programme of Action.

03-48397 (E) (A/CONF.192/BMS/2003/CRP.2)

National report of Mexico (2003) regarding the implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

I. Introduction

The Government of Mexico remains firmly committed to implementing and following up on the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, adopted by the United Nations in 2001. At the national level: • Mexico has a Federal Firearms and Explosives Act and has an institutional structure to combat the illicit trade in small arms and light weapons; • In 2002, Mexico submitted a report to the Secretary-General on its implementation of General Assembly resolution 56/24 V, entitled “The illicit trade in small arms and light weapons in all its aspects”, which report was included in the report of the Secretary-General (A/57/160) of 2 July 2002; • A national coordination body has been designated to monitor the implementation of the Programme of Action, pursuant to section II, paragraph 4, of the Programme, and this body reports to the firearms coordination group under the Federal Preventive Police; • A focal point within the Ministry of Foreign Affairs has been designated to oversee international coordination of the follow-up to the Programme of Action. At the regional level: • Mexico promoted the drafting of the Organization of American States (OAS) Inter-American Convention against the Illicit Manufacturing and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials, the regional instrument for effective control of illicit trade in firearms. At the international level: • Mexico is a member of the Group of Governmental Experts established by the United Nations to examine the feasibility of developing an international instrument to enable States to identify and trace illicit small arms and light weapons; • Mexico is a party to international instruments like the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementary to the United Nations Convention against Transnational Organized Crime, adopted in 2001 by the General Assembly.

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II. Action at the national level

1. National legislation The existing legal framework is based on article 10 of the Mexican Constitution, which is the basis for the Federal Firearms and Explosives Act and its regulatory legislation. That Act and its regulatory legislation constitute the set of federal legal norms governing firearms matters, and are the basis for government action relating to the marking, manufacture, registering, licensing and control of arms. The Act and its regulatory legislation also establish that the Executive branch, acting through the Ministry of Defence, has the authority to purchase, export and import arms, ammunition and explosives. The Ministry of Defence monitors compliance with the law and regulates the sale, production, marking and registration of firearms and explosives. Penalties for acts that constitute crimes relating to bearing, possessing or trafficking in illicit small arms and light weapons are set out both in the Federal Firearms and Explosives Act and in the Penal Code. In addition to the federal laws, Mexico has legal provisions that set the terms for coordination within the National Public Safety System. Amendments in force since 9 December 2002, to the internal rules of procedure of the Ministry of Public Safety have changed the scope of its authority. The Executive Office of the National Public Safety System has been given the power to ensure the legality, transparency and control of small arms and light weapons. In addition, legal and administrative mechanisms have been established to coordinate and monitor the procedures for supplying arms to public security agencies and to guards in prisons and centres for delinquent minors. These include planning, financing, purchasing and registration procedures.

2. Penalties Title IV of the Federal Firearms and Explosives Act establishes penalties for violations of the Act, particularly in relation to the exclusive authority of the Ministry of Defence over the manufacturing, stocking and sale of arms and to the illegal possession and bearing of arms. Articles 77 to 83 of the Act establish penalties for the illegal possession and bearing of arms. Article 83 bis establishes penalties for the stocking of arms without the appropriate Ministry of Defence permits. Articles 84, 84 bis and 84 ter establish penalties for the smuggling of arms intended for the exclusive use of the Army, Navy and Air Force. Articles 85 bis and 87 impose penalties for the illegal manufacture and sale of firearms, ammunition and explosives.

3. National coordination bodies Mexico has made headway in establishing national coordination bodies to deal with the threats posed by the illicit trade in and use of arms, including small arms and light weapons. In 1995, for instance, the Inter-Agency Coordination Group for the Prevention and Control of Arms Trafficking was set up. This body is composed of the Ministry

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of Public Safety represented by the Federal Preventive Police, the Attorney- General’s Office, the Ministry of Defence, the Ministry of the Interior, the Ministry of the Navy, the Ministry of Finance and Public Credit and also public prosecutor’s offices and public safety departments at the State level. Since 1999, the Ministry of Public Safety represented by the Federal Preventive Police has been in charge of coordinating the Inter-Agency Coordination Group. The main function of the Inter-Agency Coordination Group is to gather and exchange information nationwide with a view to setting up an intelligence database. To that end, the Group designs the procedures for gathering and analysing data about individuals, organizations or particular developments. The intelligence obtained helps in reaching decisions on the prevention, combating and eradication of the illicit arms trade. To assist it in its work, it maintains liaison posts at the northern and southern borders of the country. Furthermore, the participating agencies coordinate among themselves, with the Ministry of Defence as the lead agency, to arrange regular visits to the various military zones in the country for the purpose of investigating and preventing illicit activities relating to the arms traffic. The Group looks into criminal conduct in the area of arms trafficking. Its studies indicate that there are basically two types of activities in Mexico related to trafficking in small arms and light weapons: activities involving private individuals (Mexicans who purchase one or two weapons in the United States for their personal use); and those involving larger quantities of arms, to be resold illegally. The studies conducted by the Group have also identified the logical hiding places within vehicles for weapons smuggled into the country. Its information shows that arms possession is the third most frequent offence in Mexico, and also that there are patterns in the demand for illegal weapons (mainly for 22- and 38-calibre and 9-mm small arms). Furthermore, an exchange of information with the United States has led to the “Brasas” and “Hot Shot” projects, aimed at identifying suspected arms traffickers and tracking down weapons stolen in the United States to ascertain if they have been recovered in Mexican territory. One last important development is that there is now greater coordination between the Ministry of Public Safety and the Ministry of Defence. Such coordination has, through the information exchanged, allowed the Ministry of Defence to purchase arms only after strict checks have been made of the actual delivery or upgrading of existing weaponry and of its exact location.

4. National focal point for the implementation of the Programme of Action In May 2002, the Inter-Agency Coordination Group for the Prevention and Control of Arms Trafficking was designated as the national contact point for coordinating the implementation of the United Nations Programme of Action. The United Nations Department for Disarmament Affairs was promptly informed of this.

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5. Registration Article 4 of the Federal Firearms and Explosives Act establishes that the Executive branch, through the Ministries of the Interior and Defence acting within their respective jurisdictions, which the Act and its regulatory legislation spell out, is responsible for monitoring all weapons in the country, for which purpose it maintains a Federal Weapons Registry. Article 7 of the Act stipulates that the possession of any firearm must be reported to the Ministry of Defence for registration in the Federal Weapons Registry. Thanks to the Federal Weapons Registry, the Ministry of Defence can closely monitor weapons from the moment they are manufactured. Working with the Ministry of the Interior, the Ministry of Defence also strictly controls the issuance of permits and the possession and bearing of arms. The Federal Weapons Registry makes it possible to monitor all arms manufactured and sold in Mexico. The Centre for Drug Control Planning (CENDRO) in the Attorney-General’s Office maintains a database concerning weapons that have been confiscated and are being held under guard in Mexican territory. There are also mechanisms for reporting the ownership of weapons so that they can be located. The law stipulates that all persons, both individuals and institutions, must annually renew their permits to bear and own weapons, at the same time reporting to the Ministry of Defence on the condition and whereabouts of the weapons.

6. Manufacture, possession and storing The Federal Firearms and Explosives Act and its regulatory legislation govern various aspects of the manufacture, stocking, transfer and possession of small arms and light weapons. The Penal Code establishes penalties for those who violate the law. Article 37 of the Federal Firearms and Explosives Act stipulates that the President of the Republic has the sole power to authorize the establishment of munitions factories and arms-dealing establishments. It also stipulates that the Ministry of Defence is to control and monitor industrial and commercial operations and activities involving arms, and that such activities require permits issued and notified to the Ministry of the Interior by the Ministry of Defence. Mexico thus has controls in place, thanks to a clearly specified and detailed system of permits, overseen by the Ministry of Defence, for the manufacture, sale and stocking of weapons. The law establishes a licensing system for the bearing of arms which is applicable to individuals and to government agencies. Government agencies, including the police corps, must regularly renew their licences for the bearing of arms, and must inform the Ministry of Defence when any weapons have been misplaced, are malfunctioning or have been stolen. Currently, the Ministry of Public Safety, acting through the Executive Office of its National Public Safety System and in conjunction with the Ministry of Defence, is responsible for following up on every single weapon issued to the police corps and to prison guards.

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7. Controls on the sale of firearms In Mexico, the legal provisions governing controls over the regular sale of firearms and explosives are article 10 of the Constitution and articles 4, 7, 17, 37-38, 40-41, 43, 48-53, 55-56, 68-70 and 73 of the Federal Firearms and Explosives Act; the administrative provisions are to be found in articles 45 to 60 of the regulatory legislation. The controls applicable to the sale of firearms and explosives work in the following way: (1) Pursuant to article 4 of the Federal Firearms and Explosives Act, the Executive Branch, acting through the Ministry of Defence, has the authority, within the powers assigned to it by the Act and its regulatory legislation, to monitor all weapons in the country, for which purpose a Federal Weapons Registry is to be maintained; (2) Such monitoring is the exclusive responsibility of the Ministry of Defence; (3) To that end, any individual or legal person, public and private, must apply to the Ministry of Defence for a permit to sell firearms or explosives, which is issued provided that the legal requirements are met; (4) Once general sales permits are issued, the holders must report their sales activities each month and must also, as required, facilitate inspection visits by the Ministry of Defence; (5) When holders of general sales permits sell firearms or explosives to a client, they must demand identification and the presentation of a special permit issued by the Ministry of Defence for purchase of the item in question, and must register the sale in the appropriate ledger; (6) If persons purchase firearms or explosives in the informal market, that fact should be reported to a federal public prosecutor as a violation of the Federal Firearms and Explosives Act. Such purchases are punishable by imprisonment and a fine and the confiscation of the firearms and explosives in question; (7) Currently, no permits are issued to individuals for the sale of firearms; such sales, in strict compliance with the applicable law, are the sole prerogative of the Arms and Munitions Trade Unit of the Department of Manufacturing in the Ministry of Defence.

8. Import and export The Executive Branch, acting through the Ministry of Defence, has the authority to purchase, export and import arms, munitions and explosives. The Ministry of Defence maintains strict controls over arms imports. When a weapon is imported, the name and address of the importer is visibly marked on the outside. Articles 77 to 91 of the Federal Firearms and Explosives Act lay down penalties involving both imprisonment and fines for any persons who hold weapons anywhere outside the home without having declared them, or who possess prohibited weapons and try to introduce them into the country without the appropriate permit.

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Specifically, article 84 stipulates a penalty of from 5 to 30 days in prison and a fine of from 20 to 500 pesos for anyone who smuggles into the country arms, ammunition, explosives and materiel intended for the exclusive use of the armed forces or subject to control. In compliance with the Act, the Federal Weapons Registry and Explosives Control Office of the Ministry of Defence takes the following measures as a matter of course: (1) During the import or export of firearms, explosives and related chemical substances, military personnel serve as inspectors to verify that the nature and quantity of the materiel being imported or exported correspond to the specifications of the permits issued by the Ministry of Defence; (2) During the transfer of arms and related materiel, military personnel inspect the vehicles, verifying that the material being transported has been authorized. When the material arrives at the facilities of the companies purchasing it, military personnel are assigned to oversee the introduction or removal of the arms, munitions and explosives or related chemical substances and to check the quantities and specifications of the material authorized. Weapons exporting is not a common occurrence in Mexico. The country produces only the armaments needed to meet the demands of its national market.

9. Seizure or confiscation With regard to seizures of weapons, the Ministry of Defence, in coordination with the other institutions that make up the Inter-Agency Coordination Group for the Prevention and Control of Arms Trafficking, inspects arms that are being held under guard and custody in various military zones for the purpose of gathering the technical data needed to pursue the lines of investigation prompted by the seizures. The Federal Weapons Registry and Explosives Control Office is the unit legally empowered to provide information in the context of inter-agency cooperation. The Office has procedures for gathering information on weapons, munitions and explosives that have been seized by military personnel during the commission of crimes, so that it can be entered in the confiscations database for future consultation. The Centre for Drug Control Planning (CENDRO) in the Attorney General’s Office requests information from the Bureau of Alcohol, Tobacco and Firearms of the United States Department of Justice regarding weapons seized, in order to obtain evidence that will help determine the source of the weapons. Such information in some cases helps to complement the evidence obtained in the course of earlier investigations. There is a regular exchange of information within the Inter-Agency Coordination Group on areas where more needs to be done to safeguard, monitor, guard and seize weapons, and all the agencies are encouraged to join in the exchange. The Ministry of Defence, in addition to monitoring weapons and guarding those that have been confiscated, makes house inspections to check on licensed weapons held by individuals or by sportsmen for recreational use, by police officers and by collectors. On the basis of the findings, steps are taken to limit the accumulation of unnecessary arms.

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10. Tracing Mexico has undertaken to exchange information on the tracing of firearms, as stipulated in article XIII, subparagraph 3, of the OAS Inter-American Convention against the Illicit Manufacturing and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials, and in that connection the Government has developed very close cooperation with neighbouring countries. The Attorney-General’s Office and its Centre for Drug Control Planning (CENDRO) have set up joint border liaison posts with the United States under bilateral agreements, in order to obtain information on the source, flow routes, stockpiling centres and final destination of weapons. Information is also exchanged on seizures of weapons, as is information used immediately to trace weapons. As part of the cooperation it offers, the Attorney-General’s Office provides legal assistance and, when requested, documentary evidence to supplement evidence previously obtained for trial purposes. In recent years, there has been a rise in the number of tracing requests that the Attorney-General’s Office and CENDRO have made, on the basis of existing bilateral agreements, to the United States Bureau of Alcohol, Tobacco and Firearms. During the period 2000-2002, 16,615 firearms and 898,124 cartridges of various calibres were seized, and there were 18,602 tracings. The Federal Preventive Police exchanges information with the neighbouring countries to the north and the south. In the case of the United States, the exchange is with the Bureau of Alcohol, Tobacco and Firearms. Information is also exchanged with the Government of Guatemala.

11. Marking The Department of Manufacturing of the Ministry of Defence is the only body in the country authorized to manufacture arms. All weapons are marked at the time of manufacture. In addition, all weapons sold to individuals or agencies are entered into the Ministry’s Federal Weapons Registry. However, Mexico has no legal provision for marking confiscated weapons. Any weapons that are reassigned are entered into the Federal Weapons Registry under the permit of the police corps unit to which they have been reassigned. Inoperative weapons or weapons not needed for a criminal trial are destroyed.

12. Public opinion campaigns Pursuant to the Federal Firearms and Explosives Act, the Ministry of Defence, in coordination with authorities at all three levels of government and with private enterprises, is conducting ongoing campaigns to reduce the possession, bearing and use of firearms, involving the following activities: • Joint boards allowing coordination among participating authorities; • Publicity campaigns on radio and television to raise public awareness; • Campaigns for the registration and turning in of firearms, ammunition and explosives; • Programmes for collecting weapons in exchange for redeemable coupons, money or household items.

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III. International cooperation

On 19 May 1998, Mexico ratified the Inter-American Convention Against the Illicit Manufacturing and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials. Also, Congress approved the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementary to the United Nations Convention against Transnational Organized Crime. Mexico takes an active part in the Group of Governmental Experts established by the United Nations to examine the feasibility of developing an international instrument to enable States to trace illicit small arms and light weapons. A Mexican expert is a member of the Group. The Mexican Government has also sent representatives to follow-up meetings relating to the 2001 United Nations Programme of Action. Mexican delegations participated in the African Conference on the Implementation of the United Nations Programme of Action (Pretoria, South Africa, March 2002); the Tokyo Follow-up Meeting of the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (Tokyo, Japan, January 2002); and the Latin American and Caribbean regional seminar assessing and following up on the Conference (Santiago, Chile, November 2001). During the period 2000-2001, furthermore, Mexico held the post of Secretary Pro Tempore of the Consultative Committee established under the Inter-American Convention. While it presided over that Committee, Mexico promoted the ratification of the Convention, which to date has 16 States parties, as well as the application of the Model Regulations for the Control of the International Movement of Firearms, Their Parts and Components and Ammunition drawn up by the Inter-American Drug Abuse Control Commission (CICAD). Mexico supported taking further action in substantive areas to which the Convention applies, such as the exchange of information and of national assessments, and the identification of national bodies, focal points and central authorities. It encouraged cooperation in accordance with the Consultative Committee’s programme of work, proposing in particular the establishment of a cooperation programme to promote the ratification and legislative regulation of the OAS Convention and the strengthening of legal and judicial cooperation in the region. Mexico urged an efficient use of resources and reliance on the synergy between similar organizations. Activities were carefully coordinated with those of the United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the Caribbean, the European Union, the Inter-American Drug Abuse Control Commission and the Inter- American Committee on Terrorism. With the United States, Mexico has established mechanisms for border cooperation, enabling them to exchange information, identify individuals and dismantle criminal organizations involved in the illicit trade in arms, ammunition and explosives. Information is also systematically exchanged with the Government of Guatemala.