I. China's Basic Stand on Illicit Trade in SALW

The illicit trade in and excessive accumulation of small arms and light weapons (SALW) aggravates conflicts and disturbances in countries and regions concerned, impedes post-conflict reconstruction efforts and fuels terrorism, drug trafficking, smuggling and other forms of organized crimes. Fighting and eradicating such trade facilitates the settlement of intra and inter-state conflicts, contributes to regional peace and stability, and conforms to the common interests of all nations.

The Programme of Action adopted by consensus at the United Nations? Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in July 2001 has put forward practical objectives and measures at national, regional and global levels and envisages a number of follow-up steps. As the first of its kind, the PoA serves as an important guiding instrument in the efforts of all countries to combat the illicit trade in SALW.

China has all along attached great importance to and supported the international efforts in combating the illicit trade in SALW. The problem of illicit trade in SALW is a multi-faceted one, involving disarmament, security, development and humanitarian dimensions. Therefore, efforts should be made at national, regional and international levels for a comprehensive solution. China played an active and constructive role in the 2001 UN SALW Conference and its preparatory process and contributed to its final success. Attaching great importance to the PoA, China has taken concrete steps to implement the relevant measures contained therein, thus making its contribution to the combat against the illicit trade in SALW.

China supports the active role of the UN, which has made significant efforts and carried out fruitful work in promoting the international cooperation in combating the illicit trade in SALW. China will, as always, actively participate in such efforts so as to facilitate further progress by the international community in resolving this problem.


II. China's Implementation of the PoA

1. At the national level

Legislation

China exercises effective control over the production, stockpiling, transportation, import and export, use and confiscation of SALW on the basis of a series of laws, regulations and administrative procedures, which include the following:

--Measures of the People's Republic of China on the Control of Firearms, 25 April 1981

--Regulations of the People's Republic of China on the Administration of Militia Equipment, 3 June 1995

--Law of the People's Republic of China on the Control of Firearms, 5 July 1996

--Regulations of the People's Republic of China on the Administration of Arms Export, 22 October 1997

These laws and regulations contain detailed provisions on the manufacturing, transportation, import and export of SALW and laid down stringent punitive measures on illegal activities related thereto. The Criminal Law of the People's Republic of China also explicitly criminalizes such activities as illicit manufacture, buying or selling, or transportation of firearms and ammunitions. On 15 October 2002, China amended the Regulations on the Administration of Arms Export and promulgated a control list attached to the amended Regulations on 1 November 2002, so that the control over arms export is further enhanced.

Signing of the Firearms Protocol

Adopted in March 2001, The Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, Supplementing the United Nations Convention Against Transnational Organized Crime (the Firearms Protocol) aims at combating illicit manufacturing of and trafficking in firearms through enhancing international cooperation. It is the first international legally binding instrument on SALW. Its conclusion reflects the common aspiration of the international community to fight against the illicit trade in SALW. Playing a constructive role in the process of its negotiation, China supports the conclusion of the Firearms Protocol. After serious research and preparation by the relevant national agencies, China signed the Firearms Protocol on 9 December 2002, becoming its 46th signatory country. The signing of the Firearms Protocol demonstrates once again China's full commitment to the international cooperation in the fight against the illicit manufacturing of and trafficking in SALW. The Chinese Government is willing to see an early entry into force of the Firearms Protocol, so as to bring its effect into full play.

Marking

In China, every piece of SALW bears a unique marking, which contains all necessary information, including type of the weapon, code of the manufacturer, serial number of production, year of production, etc., thus enabling the competent national agencies to identify and trace each SALW. China is actively considering optimizing its marking system according to the requirements of the Firearms Protocol and the PoA, so as to make the marking more identifiable. The measures under consideration include improving relevant standards, adding country code, developing certain measures to decrease the forgeability of the marking, etc.

Record Keeping

In China, the manufacturers of SALW and arms trade companies keep detailed records of all SALW manufactured or transferred by them, and these records are kept for an indefinite period of time. China has a complete SALW record-keeping system covering every part of the chain from manufacturers to end-users. Some factories have set up specialized computer systems for the record keeping. At present, China is considering building a nation-wide database on the manufacturing, holding and import and export of SALW, in line with the provisions of the Firearms Protocol and the PoA.

Stockpile Management

China has set up strict and standardized management procedures for the stockpile of SALW, which are stored at specialized warehouses equipped with necessary complementary facilities and personnel specially trained for the safeguarding of these warehouses. The stockpiles are registered and checked regularly to ensure their safety and security.

Distribution and Holding of Firearms

Strictness is the guiding principle of China's management of firearms, which finds its reflection in The Law of the People's Republic of China on the Control of Firearms. According to the Law, all entities and individuals are strictly prohibited from holding, manufacturing (including assembling), dealing in, transporting, leasing or lending firearms against the law. The Law includes provisions on the scope of distribution of firearms for both official and civilian uses, the approval and licensing procedures for distributing firearms for official or civilian use, and the designation of areas where civilian firearms can be used. There are also separate regulations governing the holding of firearms by the national defense forces and the police, e.g. the Regulations of the People's Liberation Army on the Administration of Military Equipment.

Arms Export Control

China is firmly opposed to the illicit manufacturing and transfer of SALW. Taking a cautious and responsible approach towards the transfer of conventional arms, including SALW, China has put in place explicit policies and stringent and effective measures for this purpose. Over the years, China has enacted and strictly enforced a series of laws and regulations to control the import and export of SALW.

In October 2002, China amended the 1997 Regulations of the People's Republic of China on the Administration of Arms Export in light of the changing situation, and produced an Export Control List as its annex, to further strengthen the control over the export of conventional arms, including SALW. The Regulations reiterated China's three principles on the export of conventional arms, namely, the export should be conducive to the legitimate self-defense capability of the recipient country; the export should not have negative impact on the peace, security and stability of the region concerned and the world as a whole; and the export should not be used as a tool to interfere with the internal affairs of the recipient country.

According to the Regulations, China institutes a unified administration system for the export of all conventional arms, including SALW. Any arms trading companies shall obtain in accordance with law the business operation right for arms export and operate within the approved scope of business. Its business operation right for arms export shall be examined and approved by the competent national authorities. No entity or organization, which has not obtained the business operation right for arms export shall be engaged in any business activity related to arms export, and China forbids any individual to engage in arms export activities.

According to the Regulations, China implements a licensing system for arms export. Export projects and contracts shall be examined and approved by the competent national authorities. Arms trading companies shall submit valid certification documents from the recipient state, such as end-user certificate. Before shipment, arms exporters shall apply to the competent national authorities for export license by virtue of the approved document for the export contract. The Customs would accept declarations according to the export license, and examine and give clearance in accordance with the relevant provisions of the State. In addition, the Regulations provide stringent punitive measures against violations. Any violation of the provisions, if constituting a crime, would be prosecuted for criminal liability.

Confiscation and Destruction

China severely cracks down on firearms-related crimes. In China, all illicit or decommissioned firearms are confiscated or collected for destruction. Since 1996, China's police forces have launched a series of nationwide special campaigns to combat firearms-related crimes and confiscate illicit firearms with tremendous results. By the end of the first half of 2002, over 30,000 military firearms have been confiscated and the firearms-related crimes have declined rapidly.

Raising Public Awareness

The relevant national agencies of the Chinese Government have conducted publicity activities through mass media in order to raise the public awareness of the consequences of the illicit trade in SALW. Scenes of open destruction of illicit SALW were also broadcasted on TV. Several Chinese and English newspapers and magazines, such as Guangming Daily, China Daily and World Affairs, published articles and background information on the issue of SALW. In addition, relevant authorities published a handbook on the Study of the Firearms Protocol, with a view to educating and training relevant manufacturers and arms trading companies.

The National Point of Contact

In December 2001, China designated the Department of Arms Control & Disarmament of the Ministry of Foreign Affairs as the national point of contact for the implementation of the PoA. The point of contact has carried out lots of work in coordinating the research and study among the relevant agencies, SALW-related policy-making, pushing for China's signing of the Firearms Protocol, organizing the study on ways to improve China's marking and record keeping systems, submitting copies of China's relevant laws and regulations to the UN DDA (including the Measures of the People's Republic of China on the Control of Firearms, the Regulations of the People's Republic of China on the Administration of the Militia Equipment, the Law of the People's Republic of China on the Control of Firearms, the Regulations of the People's Republic of China on the Administration of Arms Export), and publicizing the PoA through mass media to raise public awareness.

Exchanges and Cooperation

The Chinese officials have exchanged views with officials from other countries on the implementation of the PoA during their bilateral consultations. Public Security, Customs and other competent authorities within the Chinese Government also have regular contacts with their counterparts in other countries.

2. At the global and regional levels

China has actively participated in the international and regional efforts in promoting the implementation of the PoA with its own contributions.

China's governmental expert has actively taken part in the work of the UN GGE on the study of the feasibility of developing an international instrument to enable states to identify and trace illegal SALW in a timely and reliable manner.

China's police have actively cooperated with the INTERPOL and provided assistance to identifying and tracing firearms.

In January 2002, a Chinese official attended the follow-up meeting of the UN 2001 SALW Conference in Tokyo, Japan, and made a keynote speech on the role of the PoA and introduced China's positions on this issue.

In July 2002, a Chinese official attended the regional seminar on the implementation of the PoA in Manila, the Philippines, and exchanged views with other participants on ways to promote the implementation of PoA in the region.

Since October 2002, officials from the Chinese Permanent Mission to the UN Office in Geneva attended as observer the meetings and other activities of the Geneva Forum Initiative on SALW.

In January 2003, Chinese officials attended the seminar on the export control on SALW in London, UK.

In February 2003, a Chinese official attended the regional seminar on SALW in Bali, Indonesia, and made a speech on "Import and Export Licensing System and Marking", introducing comprehensively China's policies and practices on the manufacture and transfer of SALW and China's arms export licensing system and SALW marking system.

In April 2003, Chinese officials attended the international seminar on the issue of SALW brokers and brokering in Oslo, cosponsored by the governments of Norway and the Netherlands.