13 June 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[DOCID: f:td049.105]
From the Treaty Documents Online via GPO Access
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105th Congress                                              Treaty Doc.
                                 SENATE

 2d Session                                                      105-49
_______________________________________________________________________


  INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND
  TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED
                               MATERIALS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND
  TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED
 MATERIALS, SIGNED AT WASHINGTON, D.C., UNITED STATES, ON NOVEMBER 11,
 1997, AT THE TWENTY-FOURTH SPECIAL SESSION OF THE GENERAL ASSEMBLY OF
                  THE ORGANIZATION OF AMERICAN STATES

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

 June 9, 1998.--Convention was read the first time and, together with
the accompanying papers, referred to the Committee on Foreign Relations
          and ordered to be printed for the use of the Senate

                         LETTER OF TRANSMITTAL

                              ----------

                                     The White House, June 9, 1998.
To the Senate of the United States:
    With a view to receiving the advice and consent of the
Senate to ratification, I transmit herewith the Inter-American
Convention Against the Illicit Manufacturing of and Trafficking
in Firearms, Ammunition, Explosives, and Other Related
Materials (the ``Convention''), adopted at the Special Session
of the General Assembly of the Organization of American States
(OAS) at Washington on November 13, 1997. The Convention was
signed by the United States and 28 other OAS Member States on
November 14, 1997, at the OAS Headquarters in Washington. So
far, 31 States have signed the Convention and one (Belize) has
ratified it. In addition, for the information of the Senate, I
transmit the report of the Department of State with respect to
the Convention.
    The Convention is the first multilateral treaty of its kind
in the world. The provisions of the Convention are explained in
the accompanying report of the Department of State. The
Convention should be an effective tool to assist in the
hemispheric effort to combat the illicit manufacturing and
trafficking in firearms, ammunition, explosives, and other
related materials, and could also enhance the law enforcement
efforts of the States Parties in other areas, given the links
that often exist between those offenses and organized criminal
activity, such as drug trafficking and terrorism.
    The Convention provides for a broad range of cooperation,
including extradition, mutual legal assistance, technical
assistance, and exchanges of information, experiences, and
training, in relation to the offenses covered under the treaty.
The Convention also imposes on the Parties an obligation to
criminalize the offenses set forth in the treaty if they have
not already done so. The Convention will not require
implementing legislation for the United States.
    This treaty would advance important U.S. Government
interests, and would enhance hemispheric security by
obstructing the illicit flow of weapons to criminals such as
terrorists and drug traffickers. In addition, ratification of
this Convention by the United States would be consistent with,
and give impetus to, the active work being done by the United
States Government on this subject in other fora, such as the
United Nations, the P-8 Group, and the OAS Inter-American Drug
Abuse Control Commission (CICAD).
    I recommend that the Senate give early and favorable
consideration to the Convention, and that it give its advice
and consent to ratification.

                                                William J. Clinton.

                          LETTER OF SUBMITTAL

                              ----------

                                       Department of State,
                                          Washington, May 29, 1998.
The President,
The White House.
    The President: I have the honor to submit to you, with a
view to its transmittal to the Senate for advice and consent to
ratification, the Inter-American Convention Against the Illicit
Manufacturing of and Trafficking in Firearms, Ammunition,
Explosives, and Other Related Materials (the ``Convention''),
adopted and opened for signature at the Special Session of the
General Assembly of the Organization of American States (OAS)
in Washington on November 13, 1997. The Convention was signed
by the United States and twenty-eight other OAS member states
on November 14, 1997, and so far thirty-one States have signed
and one (Belize) has ratified. The Convention will enter into
force following the deposit of instruments of ratification by
two States. I recommend that the Convention be transmitted to
the Senate for its advice and consent to ratification.
    The Convention is the first instrument of its kind in the
world. It establishes a treaty-based regime of obligations
among the OAS member states to combat the illicit manufacturing
of and trafficking in firearms, ammunition, explosives, and
other related materials. Such obligations include various forms
of cooperation analogous to those that exist pursuant to a
number of multilateral treaties on law enforcement matters to
which the United States is a party. The Convention will enhance
the United States' ability to cooperate with, and receive
assistance from, other countries in the hemisphere in
connection with efforts to prevent, investigate, and prosecute
the offenses covered by the Convention.
    The Convention will not require implementing legislation
for the United States. As further discussed below, the existing
body of federal laws in the United States is adequate to
satisfy the Convention's provisions regarding requirements for
legislation, and the other provisions contained in the
Convention are self-executing and will not require new
legislation.
    The Convention includes a Preamble, thirty articles and an
Annex. The Preamble makes clear that the Convention is intended
to address the problem of transnational trafficking in
firearms, and is not meant to regulate the internal firearms
trade of the States Parties. The Preamble expressly recognizes,
for example, that the Convention ``does not commit States
Parties to enact legislation or regulations pertaining to
firearms ownership, possession or trade of a wholly domestic
character. . . .'' Furthermore, the Preamble reflects the
recognition that States have developed different cultural and
historical uses for firearms, and ``that the purpose of
enhancing international cooperation to eradicate illicit
transnational trafficking in firearms is not intended to
discourage or diminish lawful leisure or recreational
activities such as travel or tourism for sport shooting,
hunting, and other forms of lawful ownership and use recognized
by the States Parties.''
    Article 1 (``Definitions'') sets forth definitions of a
number of terms used in the Convention. ``Illicit
manufacturing'' is defined as the manufacture or assembly of
firearms, ammunition, explosives, and other related materials
from components or parts illicitly trafficked; or without a
license from a competent governmental authority of the State
Party where the manufacture or assembly takes place; or without
marking the firearms that require marking at the time of
manufacturing. This definition is consistent with existing U.S.
law, and would not require the United States to render
``illicit'' any act that is not already deemed to be such under
U.S. law.
    ``Illicit trafficking'' is defined as ``the import, export,
acquisition, sale, delivery, movement, or transfer of firearms,
ammunition, explosives, and other related materials from or
across the territory of one State Party to that of another
State Party, if any one of the State Parties concerned does not
authorize it.'' This definition makes it clear that the
Convention applies only to trafficking of atransnational
nature, and, more specifically, to cross-border transactions in which
the requisite authorization for the transaction has not been granted by
all of the Parties whose territory will be transited by the items in
question.
    ``Firearms'' are defined as any barreled weapon which will
or is designed to or may be readily converted to expel a bullet
or projectile by the action of an explosive (except antique
firearms manufactured before the 20th century or their
replicas), or any other weapon or destructive device such as
any explosive, incendiary or gas bomb, grenade, rocket, rocket
launcher, missile, missile system, or mine. Although the
definitions of ``firearms'' contained in relevant U.S. laws are
not identical in all respects to the definition set forth in
the Convention, such definitions are broad enough to enable the
United States to comply with the obligations imposed in the
Convention.
    ``Ammunition'' is defined as ``the complete round or its
components, including cartridge cases, primers, propellant
powder, bullets, or projectiles that are used in any firearm.''
``Explosives'' are defined as any substance or article that is
made, manufactured, or used to produce an explosion,
detonation, or propulsive or pyrotechnic effect (except
substances and articles that are not in and of themselves
explosive, or substances and articles listed in the Annex to
the Convention). ``Other related materials'' are defined as
``any component, part, or replacement part of a firearm, or an
accessory which can be attached to a firearm.''
    As with the definitions of ``firearms,'' the definitions of
``ammunitions'' and ``explosives'' contained in relevant United
States laws are not identical in all respects to the
Convention's definition of such terms. However, the definitions
in U.S. law are broad enough to enable the U.S. to comply with
the obligations imposed therein. Similarly, although there is
no definition of the term ``other related materials'' as such
in U.S. law, items covered under the Convention's definition
are subject to regulation under relevant U.S. statutes. For
example, all components and parts for firearms are regulated
under the Arms Export Control Act, 22 U.S.C. Sec. 2778. The
implementing regulations also make it clear that certain
accessory items, such as riflescopes, silencers, and flash
suppressors, are subject to the import controls of the Act. See
27 C.F.R. Part 47.
    The definition of ``controlled delivery'' was drawn by the
negotiators largely from the definition of that term in the
United Nations Convention Against the Illicit Trafficking in
Narcotic Drugs and Psychotropic Substances, done at Vienna on
December 20, 1988. The term is defined as ``the technique of
allowing illicit or suspect consignments of firearms,
ammunition, explosives, and other related materials to pass out
of, through, or into the territory of one or more states, with
the knowledge and under the supervision of their competent
authorities, with a view to identifying persons involved in the
commission of offenses referred to in Article IV of the
Convention.''
    Article II (``Purpose'') sets forth the purpose of the
Convention, which is to prevent, combat, and eradicate the
illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials; and to
promote and facilitate cooperation and exchange of information
and experience among State Parties to prevent, combat, and
eradicate the illicit manufacturing of and trafficking in these
items.
    Article III (``Sovereignty'') requires States Parties to
carry out the obligations under the Convention in a manner
consistent with the principles of sovereign equality and
territorial integrity of States, and of nonintervention in the
domestic affairs of other States. The Article also prohibits a
State Party from undertaking in the territory of another State
Party the exercise of jurisdiction and performance of functions
which are exclusively reserved to the authorities of that other
State Party by its domestic law.
    Article IV (``Legislative Measures'') directs States
Parties that have not yet done so to adopt the necessary
legislative or other measures to establish as criminal offenses
under their domestic law the illicit manufacturing of and
trafficking in firearms,ammunition, explosives, and other
related materials. The Departments of Treasury and Justice have
concluded that the obligation to criminalize the acts of illicit
manufacturing and trafficking mentioned in Article IV of the Convention
can be fully satisfied under various existing federal laws. The Gun
Control Act of 1968, 18 U.S.C. Sec. 921 et seq., the National Firearms
Act, 26 U.S.C. Sec. 5801 et seq., the Arms Export Control Act, 22
U.S.C. Sec. 2778 et seq. and other federal statutes, e.g., Title 18
U.S.C. Chapter 40, establish criminal penalties for the acts covered
under Article IV of the Convention. Accordingly, the United States
would not be required to enact any additional legislation to comply
with this provision of the Convention.
    Article IV also states that, subject to the respective
constitutional principles and basic concepts of the legal
systems of the States Parties, the criminal offenses
established pursuant to the foregoing paragraph must include
participation in, association or conspiracy to commit, attempts
to commit, and aiding, abetting, facilitating, and counseling
the commission of such offenses. Although with respect to some
of these acts U.S. law uses a different terminology than the
Convention, existing U.S. laws provide for criminal penalties
for such acts. Therefore, this provision will not require
additional U.S. legislation.
    Article V (``Jurisdiction'') sets forth provisions on the
establishment of jurisdiction which are similar to those
contained in a number of other multilateral treaties on law
enforcement matters to which the United States is a party.
Article V.1 obligates each State Party to adopt the necessary
measures to establish its jurisdiction over the offenses it has
established in accordance with the Convention when the offense
in question is committed in its territory.
    Article V.2 allows, but does not require, each State Party
to adopt the necessary measures to establish its jurisdiction
over such offenses when committed by one of its nationals or by
a person who habitually resides in its territory.
    Article V.3 requires that each State Party establish its
jurisdiction over offenses established in accordance with the
Convention when the alleged criminal is present in its
territory but it declines to extradite such person to another
country on the ground of the person's nationality.
    Article V.4 provides, finally, that the Convention does not
preclude the application of any other rule of criminal
jurisdiction established by a State Party under its domestic
law.
    Article VI (``Making of Firearms'') states that, for the
purposes of identification and tracing of the firearms referred
to in Article I.3.a, States Parties shall require, at the time
of manufacture, appropriate markings of the name of
manufacturer, place of manufacture, and serial number. The
Article further provides that such States shall also require
appropriate markings on imported firearms permitting the
identification of the importer's name and address, and
appropriate markings on any firearms confiscated or forfeited
pursuant to Article VII.1 that are retained for official use.
U.S. law requires that licensed importers and licensed
manufacturers mark the firearms they import or manufacture.
There is no requirement of domestic law that government
agencies must mark forfeited firearms that are retained for
official use. However, this requirement can be imposed by
amending relevant regulations or through issuance of an
Executive Order.
    Article VI also requires that the firearms referred to in
Article I.3.b be marked appropriately at the time of
manufacture, if possible. U.S. law requires markings of
certain, but not all, of such items. The negotiating
delegations recognized that certain of the listed items, due to
their nature, might not be susceptible to marking in a safe
manner. Accordingly, the phrase ``if possible'' was included to
indicate that such markings should be required only where doing
so would be safe and practical.
    Article VII (``Confiscation or Forfeiture'') states that
the States Parties undertake to confiscate or forfeit firearms,
ammunition, explosives, and other related materials that have
been illicitly manufactured or have been the subject of
illicittrafficking. The States Parties must adopt the necessary
measures to ensure that all such items that are seized, confiscated, or
forfeited as the result of illicit manufacturing or trafficking do not
fall into the hands of private individuals or businesses through
auction, sale, or other disposal.
    Article VIII (``Security Measures'') commits States
Parties, in an effort to eliminate loss or diversion, to adopt
the necessary measures to ensure the security of firearms,
ammunition, explosives, and other related materials imported
into, exported from, or in transit through their respective
territories.
    Article IX (``Export, Import, and Transit Licenses or
Authorizations'') requires that the States Parties establish or
maintain an effective system of export, import, and
international transit licenses or authorizations for transfers
of firearms, ammunition, explosives, and other related
materials. Article IX.2 bars the States Parties from permitting
the transit of such items until the receiving State Party
issues the corresponding license or authorization. Article IX.3
requires States Parties, before releasing shipments of such
items for export, to ensure that the importing and in-transit
countries have issued the necessary licenses or authorizations.
The importing State Party must, under Article IX.4, inform the
exporting State Party, upon request, of the receipt of
dispatched shipments of such items.
    Existing U.S. federal laws provide a statutory framework
sufficient to enable the United States to meet the obligations
imposed under Article IX of the Convention. Appropriate
modifications to current federal regulations or practices would
be made as necessary by the appropriate agencies to comply
fully with the obligations under the Convention. U.S. statutory
authority to regulate international trade in munitions and
related items and services is exercised by the Department of
State, the Department of the Treasury (including ATF and the
U.S. Customs Service), and the Commerce Department.
    Article X (``Strengthening of Controls at Export Points'')
provides that each State Party must adopt the measures
necessary to detect and prevent illicit trafficking in
firearms, ammunition, explosives, and other related materials
between its territory and that of other State Parties, by
strengthening controls at export points.
    Article XI (``Recordkeeping'') requires States Parties to
ensure the maintenance for a reasonable time of the information
necessary to trace and identify illicitly manufactured and
illicitly trafficked firearms to enable them to comply with
their obligations under Articles XIII and XVII. The phrase
``reasonable time'' was included because the negotiating
delegations were unable to agree upon a specific time period.
The U.S. delegation explained that, with respect to most
weapons, U.S. law currently requires that records be maintained
for 20 years. Not all delegations thought it necessary to
require so lengthy a period, and it was agreed that a shorter
period of time could be appropriate. In any event, it was the
understanding of the negotiating delegations that the period of
time currently required by U.S. law would meet the requirements
of this provision.
    Article XII (``Confidentiality'') provides that, subject to
the obligations imposed by their Constitutions or any
international agreements, the States Parties shall guarantee
the confidentiality of any information they receive, if
requested to do so by the State Party providing the
information. If for legal reasons such confidentiality cannot
be maintained, the State Party that provided the information
must be notified prior to its disclosure. This provision is
similar to that contained in bilateral mutual legal assistance
treaties to which the United States is a party.
    Article XIII (``Exchange of Information'') requires, in
paragraph 1, that the States Parties exchange among themselves,
in conformity with their respective domestic laws and
applicable treaties, relevant information on matters such as
authorized producers, dealers, importers, exporters, and,
whenever possible, carriers, of firearms, ammunition,
explosives, and other related materials. The Article also
contemplates exchanges of information on the means of
concealment used in the illicit manufacturing of, or
traffickingin, those items, and ways of detecting such means;
and information on routes customarily used by criminal organizations
engaged in such illicit trafficking. In addition, and in conformity
with each State Party's domestic laws and applicable treaties,
exchanges of information are required on legislative experiences,
practices, and measures to prevent, combat, and eradicate such illicit
manufacturing and trafficking, as well as on techniques, practices, and
legislation to combat money laundering related to those offenses.
    Article XIII.2 contains requirements for information
sharing, and for cooperation in the tracing of illicitly
manufactured or illicitly trafficked firearms, ammunition,
explosives, and related materials. Under their current
statutory authority, certain U.S. agencies, such as ATF and the
U.S. Customs Service, already engaged in the forms of
international cooperation contemplated in this Article, and
would continue to do so consistent with the Convention.
    Article XIV (``Cooperation'') provides that States Parties
shall cooperate at the bilateral, regional, and international
levels to prevent, combat, and eradicate the illicit
manufacturing of and trafficking in firearms, ammunition,
explosives, and other related materials. In addition, the
Article calls for States Parties to identify a national body or
a single point of contact to act as liaison among States
Parties, as well as between them and the consultative committee
established in Article XX, for purposes of cooperation and
information exchange. It is expected that the Treasury
Department would be designated to serve in this capacity for
the United States.
    Article XV (``Exchange of Experience and Training'')
requires the States Parties to cooperate in formulating
programs for the exchange of experience and training among
competent officials, and to provide each other with assistance
to facilitate access to equipment or technology proven to be
effective for the implementation of the Convention. The Article
also provides that State Parties shall cooperate with each
other and with competent international organizations, as
appropriate, to ensure that there is adequate training of
personnel in their territories to prevent, combat, and
eradicate the illicit manufacturing of an trafficking in
firearms, ammunition, explosives, and other related materials.
As with exchanges of information under Article XIII, various
U.S. agencies such as ATF and the U.S. Customs Service already
engaged in these types of international cooperation under their
current statutory authority, and would continue to do so
consistent with the Convention.
    Article XVI (``Technical Assistance'') requires States
Parties to cooperate with each other and with relevant
international organizations, as appropriate, so that States
Parties requesting technical assistance receive it as necessary
to enhance their ability to prevent, combat, and eradicate the
illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials. Technical
assistance would include assistance in matters identified in
Article XV.2. United States federal agencies such as ATF and
the U.S. Customs Service already engage in this form of
international cooperation under their current statutory
authority, and would continue to do so consistent with the
Convention.
    Article XVII (``Mutual Legal Assistance'') contains
standard provisions on mutual legal assistance contained in a
number of multilateral treaties on law enforcement matters to
which the United States is a party. It is expected that the
U.S. Department of Justice would serve as the central authority
for the United States for purposes of assistance under this
Article, and would coordinate with other U.S. agencies as
appropriate.
    Article XVIII (``Controlled Delivery'') directs that, if
their domestic legal systems so permit, States Parties must
take the necessary measures, within their possibilities, to
allow for the appropriate use of controlled delivery at the
international level, on the basis of agreements or arrangements
mutually consented to, with a view to identifying persons
involved in the offenses referred to in Article IV and to
taking legal action against them. Existing U.S. law permits
such controlled deliveries. The Article states that decisions
by States Parties to use controlled delivery shall bemade on a
case-by-case basis and may, when necessary, take into consideration
financial arrangements and understandings with respect to the exercise
of jurisdiction by the States Parties concerned. Finally, the Article
provides that, with the consent of the States Parties concerned,
illicit consignments under controlled delivery may be intercepted and
allowed to continue with the firearms, ammunition, explosives, and
other related materials intact or removed or replaced in whole or in
part.
    Article XIX (``Extradition'') sets forth standard
provisions on extradition which are found in other multilateral
treaties on law enforcement matters to which the United States
is a party. The Article applies to the offenses referred to in
Article IV of the Convention, and provides that each such
offense shall be deemed to be included as an extraditable
offense in any extradition treaty in force between or among the
States Parties. Moreover, the States Parties undertake to
include such offenses as extraditable offenses in every
extradition treaty to be concluded between or among them.
    Article XIX.3 provides that, if a State Party that makes
extradition conditional on the existence of a treaty receives a
request for extradition from another State Party with which it
does not have an extradition treaty, it may consider the
Convention as the legal basis for extradition with respect to
any offense to which this Article applies. In addition, Article
XIX.4 establishes that States Parties that do not make
extradition conditional on the existence of a treaty shall
recognize offenses to which the Article applies as extraditable
offenses between themselves.
    Article XIX.5 further provides that extradition shall be
subject to the conditions provided for by the law of the
Requested State or by applicable extradition treaties,
including the grounds on which the Requested State may refuse
extradition. Under Article XIX.6, if extradition for an offense
to which this Article applies is refused solely on the basis of
the nationality of the person sought, the Requested State is
required to submit the case to its competent authorities for
the purpose of prosecution under the criteria, laws, and
procedures applied by that State to those offenses when
committed in its own territory. The formulation of this
provision is an improvement over that of similar provisions in
other treaties, in that it requires, in cases where the
Requested State refuses to extradite someone on the basis that
the person is a national of that State, that decisions
regarding domestic prosecution of such person be made under the
same standards as would be applied had the offense been
committed in that State's territory. This requirement was
included as a compromise following the United States
delegation's proposal to include a requirement for the
extradition of nationals, which many delegations were unable to
accept. The compromise language was included as a means of
ensuring that any domestic prosecution carried out in lieu of
extradition will be pursued with vigor. This Article also
provides that the Requested and Requesting States Parties may,
in accordance with their domestic laws, agree otherwise in
relation to any such domestic prosecution. This provision is
intended to provide the flexibility to not have the prosecution
pursued in the Requested State if another arrangement is
preferable or appropriate.
    Article XX (``Establishment and Functions of the
Consultative Committee'') requires the States Parties to
establish a Consultative Committee. It was made clear during
the negotiations that this committee is not to be a new OAS
organ, but rather will be a body composed of representatives
from the States Parties. Accordingly, the Consultative
Committee will not require the expenditure of additional OAS
resources.
    The Consultative Committee will be responsible for
promoting the exchange of information contemplated under the
Convention; facilitating the exchange of information on
domestic legislation and administrative procedures of the
States Parties; encouraging cooperation between national
liaison authorities to detect suspected illicit exports and
imports of firearms, ammunition, explosives, and other related
materials; promoting training and exchange of knowledge and
experience among States Parties and technical assistance
between States Parties andrelevant international organizations,
as well as academic studies; requesting from nonparty states, when
appropriate, information on the illicit manufacturing of and
trafficking in firearms, ammunition, explosives, and other related
materials; and promoting measures to facilitate the application of the
Convention. The Article states expressly that decisions of the
Consultative Committee shall be recommendatory in nature. The Article
also requires the Consultative Committee to maintain the
confidentiality of any information it receives in the exercise of its
functions, if requested to do so.
    Article XXI (``Structure and Meetings of the Consultative
Committee'') provides that the Consultative Committee shall
consist of one representative of each State Party. The
Consultative Committee is to hold one regular meeting each year
and special meetings as necessary. The first regular meeting
shall be held within 90 days following deposit of the 10th
instrument of ratification of the Convention. The Consultative
Committee will prepare its own internal rules of procedure and
adopt them by absolute majority.
    Articles XXII-XXX contain the final clauses. Article XXII
(``Signature'') provides that the Convention is open for
signature by member states of the OAS.
    Article XXIII (``Ratification'') states that the Convention
is subject to ratification, and that the instruments of
ratification shall be deposited with the OAS General
Secretariat. The negotiators expressly agreed to preclude the
possibility of accession to the treaty by States other than
member States of the OAS. Accordingly, the Convention does not
include an accession provision as is customary in OAS
conventions, and this Convention is to be open to participation
only by OAS member States.
    Article XXIV (``Reservations'') permits reservations to the
Convention, provided that they are not incompatible with the
object and purposes of the Convention and that they concern one
or more specific provisions thereof.
    Article XXV (``Entry into Force'') states that the
Convention will enter into force on the 30th day following the
date of deposit of the second instrument of ratification. For
each State ratifying the Convention after such entry into
force, the Convention shall enter into force on the 30th day
following deposit of its instrument of ratification.
    Article XXVI (``Denunciation'') provides that the
Convention shall remain in force indefinitely, but any State
Party may denounce it by depositing an instrument of
denunciation with the OAS General Secretariat. The denunciation
will take effect six months after the date of deposit of the
instrument, but will not affect any requests for information or
assistance made during the time the Convention is in force for
the denouncing State.
    Article XXVII (``Other Agreements and Practices'') states
that no provision in the Convention shall be construed as
preventing the States Parties from engaging in mutual
cooperation within the framework of other existing or future
international, bilateral, or multilateral agreements, or any
other applicable arrangements or practices. The Article also
stipulates that States Parties may adopt stricter measures than
those provided for by the Convention if, in their opinion, such
measures are desirable to prevent, combat, and eradicate the
illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials.
    Article XXVIII (``Conference of States Parties'') states
that five years after the entry into force of the Convention,
the depository shall convene a conference of the States Parties
to examine the functioning and application of the Convention.
Each conference shall determine the date on which the next
conference should be held.
    Article XXIX (``Dispute Settlement'') provides that any
dispute that may arise as to the application or interpretation
of the Convention shall be resolved through diplomatic channels
or, failing which, by any other means of peaceful settlement
decided upon by the States Parties involved.
    Article XXX (``Deposit'') provides that the original
instrument of the Convention, the English, French, Portuguese,
and Spanish texts of which are equally authentic, shall be
deposited with the OAS General Secretariat, which shall forward
an authenticated copy of its text to the Secretariat of the
United Nations for registration and publication, in accordance
with Article 102 of the U.N. charter. The OAS General
Secretariat shall notify the OAS member states of signatures,
deposits of instruments of ratification and denunciation, and
of any reservations.
    Finally, the Convention includes an ``Annex,'' which
contains a list of items that are not encompassed by the
definition of the term ``explosives.''
    It is my belief that this Convention would afford
substantial benefits to the United States, and would be
consistent with existing United States legislation. The
Department of the Treasury (including the U.S. Customs Service
and the Bureau of Alcohol, Tobacco and Firearms), the
Departments of Justice and Commerce, the Arms Control and
Disarmament Agency (ACDA), and the Office of the U.S. Trade
Representative (USTR) join the Department of State in
recommending that the Convention be transmitted to the Senate
at an early date for its advice and consent to ratification.
    Respectfully submitted.
                                                     Strobe Talbot.

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                            <greek-d>

