1
02/07/08 Moore
2345.08d 08.34412
Translated from Russian
Report of the Republic of Kazakhstan on implementation of the United Nations Programme of Action toPrevent, Combat and Eradicate the Illicit Trade in Small Armsand Light Weapons in All Its Aspects
Executive summary
A. National level
1. National coordination agency
2. National point of contact
The national coordination agency for the United Nations Programme of Action
to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weaponsin All Its Aspects is the Ministry of Defence of the Republic of Kazakhstan.
The national point of contact is:
The Arms Reduction Control and Inspection Activities Support Centre at
the Ministry of Defence of the Republic of Kazakhstan.
Address: 210 Zharokov St., 050057 Almaty, Republic of Kazakhstan
Tel./fax: +7-727-274-10-16
e-mail:
The Arms Reduction Control and Inspection Activities Support Centre at the
Ministry of Defence of the Republic of Kazakhstan was established by Governmentdecree in 1995 to coordinate Kazakhstan’s implementation of international non-proliferation and arms-control treaties and agreements including:
– The Treaty on the Non-Proliferation of Nuclear Weapons;
– The Treaty on the Elimination of Intermediate-Range and
Shorter-Range Missiles;
– The Treatyon the Reduction and Limitation of Strategic Offensive
Arms;
– The Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC);
– The Treaty on Conventional Armed Forces in Europe;
– The 1999 Vienna Document of the negotiations on confidence- and security-
building measures;
– The Agreement on military confidence-building in border areas concluded by
the Republic of Kazakhstan, the KyrgyzRepublic, the Russian Federation, the
Republic of Tajikistan and the People’s Republic of China;
– The Treaty on Mutual Reduction of Military Forces in Border
Areas concludedby the Republic of Kazakhstan, the KyrgyzRepublic,
theRussian Federation,the Republic of Tajikistan and the People’s
Republicof China;
– The Agreement to prevent dangerous military activities in border areas
concluded by the Republic of Kazakhstan, the KyrgyzRepublic, the Russian
Federation, the Republic of Tajikistan and the People’s Republic of China;
– Other United Nations instruments adopted through General Assembly
resolutions;
– Other instruments of the Organization for Security and Cooperation
inEuropeadopted through decisions of the Forum for Security Cooperation;
– Other international non-proliferation and arms-control treaties
and agreements.
In the context of the United Nations Programme of Action, the Centre is
responsible for collecting information submitted every year regarding implementationof the Programme, for analysing and processing that information, for transmitting itthrough the diplomatic channel to the United Nations Department for DisarmamentAffairs, and also for establishing contact and cooperation with international organizations,with government and non-governmental organizations and with the verificationcentres of other States parties to arms control treaties and agreements.
3. Legislation, regulations, administrative procedures
(i) What national laws, regulations and administrative procedures exist to
exercise effective control over SALW in the following areas? (II.2)
• production
• export
• import
• transit
• retransfer
National laws, regulations and decrees
Area National laws and regulations Date
Production Act of the Republic of Kazakhstan on licensing 17 April 1995
The Act governs issues connected with State
licensing oractivities subject to licensing; it also
establishes a list oflicensed activities.
Decree of the Government of Kazakhstanon 29 December 1995
implementation of the Act of the Republic of
Kazakhstan on licensing
The Decree adopts the list of State bodies entitled
toissue licences and establishes model licences.
Decree of the Government of Kazakhstanon 8 June 2004
certainissues relating to the licensing of
development, production etc. of combat small
arms and their cartridges
The Decree lays down the qualifying conditions for
licensing of development, production, repair, trading
in,acquisition and export of combat small arms and
theircartridges.
Area National laws and regulations Date
Export/Import/ Act of the Republic of Kazakhstan on State 18 June 1996
Transit/Retransfer control of the circulation of certain types of
weapons
The Act regulates the legal issues connected with
the circulation of civilian, service and combat
small arms and edged weapons in the territory
ofthe Republic ofKazakhstan.
With amendments introduced by the Act of the
Republicof Kazakhstan of 22 February 2002
Decree of the Government of Kazakhstanon 30 December 1998
measuresto implement the Act on State control
of the circulationof certain types of weapon
The provisions lay down the rules for the
circulation ofweapons and their cartridges,
instructions regarding thedrawing up,
publication and maintenance of the State register,
rules forthe establishment of a State bullet and
cartridge-casinggalleryand rulesfor initial
trainingofweaponownersand users.
w ww.zakon.kz
Act of the Republic of Kazakhstan on 27 July 2007
amending and supplementing the Act of
the Republic of Kazakhstan on State control
of the circulation of certain types of weapons
This Act establishes the right to acquire an
injurious barrelless firearm with the authorization
of the internal affairs agencies, prohibits the sale
of weapons to persons suffering from drug addiction,
and provides for the purchase of illegally stored
weapons and ammunition.
Decree of the Government of Kazakhstan 3 August 2000
Rules for the circulation of hand-held small arms
and theirammunition, and of edged weapons
The rules govern the circulation of hand-held
firearmsand their ammunition, and of edged
weapons.
(ii) What national measures exist to prevent the manufacture, stockpiling,
transfer and possession of unmarked or inadequately marked SALW? How have
these been implemented? (II.8)
The legislation of Kazakhstan provides that every weapon manufactured must
have an individual number.
Legal persons possessing a licence to trade in arms may not sell in the territory
of the Republic of Kazakhstan any weapon without a number or stamp or any
cartridgesnot carrying a type approval mark.
Licenses to develop, produce, repair, trade in, acquire and exhibit combat hand-held small arms and their cartridges are issued to individuals whose qualifications meet therequirements laid down in the existing Decree of the Government of the Republic ofKazakhstan, including the requirement for them to provide the interested Stateagencies’ findings regarding the compatibility of the proposed activities withsecurity requirements.
The Ministry of Internal Affairs has issued an Instruction regarding internal
affairs agencies’ implementation of the licensing and authorization system. Pursuantto the Instruction, internal affairs agencies are responsible for preventing violationsof the rules governing the circulation of weapons, and the acquisition, stocktaking,storage, transportation and use of articles and substances subject to special handlingarrangements and for preventing the loss, theft, misuse or criminal use of thoseitems.
With regard to an international instrument enabling States to detect in a timely and reliable manner and track illegal SALW, measures were taken to create accurate and comprehensive databases for all marked SALW.
The Ministry of Internal Affairs has an integrated data bank for civilian and service weapons, which includes a list of "Registered Weapons" for entering information relating to 5 sections, 39 items and 75 details. The list is updated daily.
In addition, the Administrative Police Committee maintains a State register of civilian and service weapons and their ammunition, which is an official compendium of systematized information on civilian and service weapons and their cartridges that are authorized to circulate in the territory of the Republic of Kazakhstan.
With regard to the formulation of new State rules and administrative procedures for the effective implementation of the instrument, in 2007 the Administrative Police Committee conducted standard-setting work regulating questions relating to control of the circulation of weapons.
Accordingly, the Act on amending and supplementing the Act on State control of the circulation of certain types of weapons was adopted on 27 July 2007.
This Act establishes the right to acquire injurious barrelless firearms with the authorization of the internal affairs agencies, prohibits the sale of weapons to persons suffering from drug addiction, and provides for the purchase of illegally stored weapons and ammunition. The Government allocated 135 million tenge for these purposes at the beginning of 2008.
In order to implement the aforementioned Act, the Government adopted a decree on amending and supplementing Decree No. 1176 of the Government of the Republic of Kazakhstan of 3 August 2003 and a decree on adoption of the regulations governing the voluntary compensated surrender by citizens of illegally stored firearms, ammunition and explosives.
In implementation of this decree, the internal affairs agencies conduct goal-oriented work in the area of controlling the circulation of weapons.
In 2007, 1,355 cases of the illegal production, acquisition, transfer, sale, storage, transport or illegal movement of weapons, ammunition, explosive substances and explosive devices were detected, as opposed to 1,340 in 2006, and 51 criminal proceedings were instituted for weapons theft, as opposed to 57 in 2006.
Since the start of the current year, 2,661 instances of the illegal circulation of firearms were recorded, including 2,165 cases of unregistered firearms, for which 175 criminal cases were initiated.
During the period under consideration, of the overall number of unregistered weapons seized (2.165), 1,870 weapons or 86 per cent were surrendered by citizens on the basis of compensation within the framework of action carried out in accordance with Government Decree No. 1299 of 26 December 2007.
As of 26 March 2008, citizens had surrendered a total of 2,696 weapons, including 6 sub-machine guns; 584 rifles and carbines; 25 pistols and revolvers; 1,963 smooth-bore weapons; and 118 injurious weapons.
The institution of the practice of giving citizens monetary compensation has significantly enhanced the effectiveness of the action. To date, a total of more than 4.6 million tenge have been paid out throughout the Republic, and payments amounting to 30.5 million tenge will be made subsequently in accordance with weapon surrender declarations that have been received. The internal affairs agencies have received a total of 2,688 such declarations from citizens.
The out-reach and legal work carried out by the internal affairs agencies among the population concerning the compensated voluntary surrender of weapons has had a significantly positive impact on reducing crime involving the use of firearms by 41.3 per cent (from 104 to 61). Fewer such crimes occurred in public places (26 per cent fewer) and on the street (28 per cent fewer), and with regard to minors the crime rate declined by two and a half times (from 10 to 4).
Furthermore, on 29 November 2007 the Government approved the forensic requirements and methods for testing civilian and service weapons and their cartridges, which lay down specific technical parameters for weapons in order to identify them and prevent the possibility of their illegal conversion.
The Act of 1 January 2007 on amending and supplementing the Code of Administrative Offencesamended article 368 on breaches of the procedure for the acquisition, storage, transfer or sale by natural persons of civilian weapons with regard to establishing liability for the illegal carrying of weapons and also an exemption from liability in case of the voluntary surrender of weapons. Article 369 on violations of the regulations for the storage, use or transport of civilian and service weapons and their cartridges provides for liability for breaches of the procedure for acquiring and carrying weapons.
In order to implement the new Act of 11 January 2007 on licensing, Government Decree No. 692 of 13 August 2007 adopted the regulations for licensing and the qualification requirements for activities relating to the development, production, repair, trade in, acquisition, collection and exhibition of civilian and service firearms and their cartridges, edged weapons as well as gas weapons and their cartridges.
As part of their practical activities, the internal affairs agencies check seized weapons against the lists kept by the forensicbullet and cartridge-casing gallery of the Ministry of Internal Affairs for their possible use in the commission of undetected crimes, after which the weapons are destroyed in accordance with the requirements of departmental orders and instructions in order to prevent their recirculation. The work of preventing and detecting crimes committed with the use of weapons is carried out systematically; the large-scale "Karu" operational and preventive campaign is conducted in stages every three months.
Under the Programme of cooperation by the member States of the Commonwealth of Independent States (CIS) in combating terrorism and other violent forms of extremism for 2008-2010, an operational and preventive campaign for averting, detecting and suppressing acts of terrorism and extremism is being conducted in stages.
(iii) Please describe how national laws, regulations and procedures that
impact on the prevention, combating and eradication of the illicit trade in SALW in
all its aspects are made public. (II.23)
Normative legislation adopted in the Republic of Kazakhstan is published in the government newspapers Kazakhstanskaya Pravda and Yegemen Kazakhstan, whenever the legislation in question so provides.
In addition, the Ministry of Internal Affairs and the principal regional internal
affairs directorates have established press services responsible for providing
objective information on the activities of the internal affairs agencies.
Another step in this direction is the creation of Internet websites to help interestedindividuals and organizations to find objective information on the results andproblems of combating crime, including illicit SALW trade and to familiarize themselves with thenormative legislation in force.
At the initiative of the internal affairs agencies, the "Karu" biannual
targeted operational and preventive campaignsto prevent anddetect crimes committed with the aid of firearms, explosives and explosive devices,
and to remove those items from illegal circulation, was launched in 1995.
To coincide with the campaigns, the media publish a public appeal from the
Ministry of Internal Affairs of the Republic of Kazakhstan regarding voluntary
surrender of illegally held firearms, edged weapons, ammunition and explosives.
The appeal explains the conditions under which individuals who voluntarily
surrender arms and other weaponry may be exempted from criminal and other
proceedings and how a weapon may subsequently be registered to the person
voluntarily surrendering it.
In addition, the appeals are distributed in public places and communities. There are also radio and television broadcasts on the procedure for
voluntary surrender of weapons.
4. Law enforcement/criminalization
(i) What national legislative or other measures exist to make the illegal
manufacture, possession, stockpiling and trade of SALW criminal offences under
domestic law? How have these measures been implemented? (II.3)
National criminal offences relating to illicit SALW trade
Area Law/other measure Date
Smuggling Criminal Code of the Republic of Kazakhstan 16 July 1997
Article 250: smuggling of items withdrawn from
circulation, or items with restricted circulation
Illicit transfer of firearms across the State customs border
is punishable by up to five years’ imprisonment.
The same acts, if committed repeatedly, by a person
exploiting his official capacity or with the use of force
against a customs inspector, are punishable by 2-8 years’
imprisonment.
The above acts, if committed by an organized group, are
punishable by 7-15 years’ imprisonment with confiscation
of assets.
Area Law/other measure Date
Procurement/ Criminal Code of the Republic of Kazakhstan 16 July 1997
transfer/sale/
storage/ Article 251: unlawful procurement, transfer, sale, storage,
transport/ transport or carrying of weapons
carrying
Unlawful procurement, transfer, sale, storage, transport or
carrying of firearms (except for smooth-bore hunting
firearms) ispunishable by up to five years’ imprisonment.
The same acts, if committed by a group of persons with
premeditation or repeatedly, are punishable by 3-8 years’
imprisonment.
The above acts, if committed by an organized group, are
punishable by 5-10 years’ imprisonment.
Manufacture Criminal Code of the Republic of Kazakhstan 16 July 1997
Article 252: Illicit manufacture of arms
Illicit manufacture of arms is punishable by up to five
years’ imprisonment.
The same acts, if committed by a group of persons with
premeditation or repeatedly, are punishable by 3-8 years’
imprisonment.
The same acts, if committed by an organized group, are
punishable by 5-10 years’ imprisonment.
(ii) Have those groups and individuals engaged in the illegal manufacture,
trade, stockpiling, transfer, possession, as well as financing for acquisition, of illicitSALW been identified, where applicable? What action has been taken under
appropriate national law against such groups and individuals? (II.6)
Information on the activities of the law-enforcement agencies in this regard
can be found on the official website of the Ministry of Internal Affairs of the
Republic of Kazakhstan —
(iii) What national measures have been taken, including legal or
administrative means, against activity that violates a United Nations Security
Council arms embargo in accordance with the Charter of the United Nations? (II.15)
National measures for the enforcement of United Nations Security Council armsembargoes
Area Legal/administrative means Date
Enforcement of Act of the Republic of Kazakhstan on export control 18 June 1996
United Nations
Security Council Article 9: Participation by the Republic of Kazakhstan in
arms embargoes international sanctions connected with export control
Kazakhstan’s participation in international sanctions
connected with export control directed at one or more
States, and the entry into force of such sanctions, is
determined by the legislation of the Republic of
Kazakhstan on the basis of decisions of the United
Nations and other international organizations. In some
cases, the Republic of Kazakhstan may introduce such
sanctions unilaterally.
Article 10: Restriction of exports
The Republic of Kazakhstan has the right to introduce
restrictions, targeted at foreign States, on the export,
import and transit of items subject to export controls, up
to the level of an embargo, if those States violate their
commitments to the Republic of Kazakhstan or pursuant
to decisions of international organizations of which the
Republic of Kazakhstan is a member.
With amendments introduced by the Act of the Republic