SMALL ARMS AND LIGHT WEAPONS

Information exchange

Austria

(April 2005)

  1. National marking systems in the manufacture and/or import of small arms

In Austria the marking of weapons is governed by the Trade and Industrial Code. The provisions of Section 145 of this Code relate to various military and non-military weapons, including different categories of small arms and light weapons. Such arms and weapons must be marked with the sign of the manufacturer and a serial number in order to be sold commercially in Austria. If such weapons were manufactured in other countries, they may be sold in Austria on a commercial basis only if they also bear the sign of the Austrian business that has sold the weapon in Austria for the first time.

In addition, the manufacture and sale of small arms in Austria are subject to the provisions of the Proof Firing Act. In this respect, account is being taken of the decisions of the Permanent International Commission for the Proof of Small Arms (CIP). The proof firing and type stamps of the Contracting Parties of the Convention on the Mutual Recognition of Official Stamps of Portable Firearms are considered equal to the Austrian stamp.

In the course of the proof firing test, the marks are checked. In this context, the competent Austrian Proof Houses have to examine whether the following marks are placed in a visible and permanent manner on at least one of the heavy-duty parts of the small arms:

2.  name, firm or officially known identifying mark of the manufacturer or applicant,

3.  serial number or repair number,

4.  bore size (e.g. 7x64, .243 Win, 12/70) on each barrel.

Arms that have been subjected to this test bear a proof mark if no weakness has been found. Such proof marks must be placed on the tested heavy-duty parts of small arms in a clearly visible manner. Moreover, the month and year must visibly be indicated once beside the proof mark on each small arm, on each barrel submitted and in the case of revolvers on the frame.

2.  National procedures for the control over manufacture of small arms and light weapons

In Austria the manufacture, processing, repair, trade, brokering of the purchase and sale of arms, particularly small arms and light weapons, are subject to authorization by the competent authority pursuant to the Trade and Industrial Code.

Businesses authorized to manufacture, process or repair or to trade small arms and light weapons must keep records (“arms books”) which show, among others, when arms were received, sold or returned. There is no time limit as to how long such arms books must be kept. They must either be returned to the authority after expiry of a business license or may be returned to the authority after expiry of ten years after the last entry.

As regards the manufacture of small arms and light weapons, violations of the Austrian Trade and Industrial Code are punishable pursuant to general criminal law.

3.  National legislation and current practice in export policy, procedures and documentation

The export or transit of weapons constituting war materiel within the meaning of Austrian law, including small arms and light weapons, are governed by the Federal Act on the import, export and transit of war materiel, Federal Law Gazette No. 540/1977, last amended by Federal Act in Federal Law Gazette I No. 57/2001. According to the provisions of this Act, the import, export and transit as well as the brokering of war materiel are subject to an authorization by the competent Austrian authorities.

The authorization is granted by the Federal Minister of the Interior, in agreement with the Federal Minister for Foreign Affairs. In the consultation process, the Federal Minister of Defence is also heard.

In the authorization procedure, account also needs to be taken of the fact, among others, that the import, export or transit of war materiel, including small arms and light weapons, do not contravene the international commitments or foreign policy interests of the Republic of Austria; that war materiel is not to be exported to or transited through an area where an armed conflict is taking place or threatens to take place or where other dangerous tensions exist; that war materiel is not to be exported to or transited through a country where, due to serious and repeated human rights violations, there is a risk that the supplied war materiel will be used to suppress human rights; that embargo decisions of the UN Security Council are duly taken into account; or that there are no concerns in terms of security or defence policy opposing the import, export or transit of war materiel.

The authorization may also be made dependent on the submission of a so-called “end user certificate”. This certificate is required in all cases where the application for the export of war materiel covers a larger quantity or if it is deemed necessary in order to remove any concerns that might exist. An authorization can be granted for a specific period of time and must be revoked if the conditions for granting it no longer apply.

Furthermore, under the provisions of the 1995 Foreign Trade Act the export of articles specifically enumerated in Annex 1 to the Foreign Trade Ordinance, which also includes weapons, is subject to a specific authorization. According to the provisions of this ordinance, legal transactions and activities concerning the export of such weaponry from the customs territory of the European Union require an authorization by the Federal Minister for Economic Affairs. Under foreign trade law, however, this authorization is to be denied if it would contravene Austria’s international commitments. In deciding on the granting of an authorization, moreover, particular account has to be taken of the following facts: that there is no risk to world peace and international security, that there is no risk to the security of Austria, that there is no risk of an essential disturbance of Austria’s foreign relations, or that there are no exports to an area where an armed conflict is taking place.

Both the Amendment to the War Materiel Act, which entered into force in July 2001, and the Foreign Trade Ordinance subject brokering activities to a separate authorization. The new paragraph 4 of Section 1 of the War Materiel Act, inserted by the amendment, defines the brokering of war materiel as a transaction where a person resident or headquartered in Austria allows or effects the transfer of articles which are outside the customs territory of the European Union to another country outside the customs territory of the European Union.

A violation of the statutory regulations concerning the lawful export of war materiel carries a prison sentence of up to 2 years unless the offence is punishable by a more severe sentence under other laws.

4.  Techniques and procedures for the destruction of small arms and light weapons

The provisions of the Weapons Act amended in July 2001 stipulate that the Federal Minister for Defense in conjunction with the Federal Minister for Finance may decree which type of war materiel or other weapons which are no longer used by the federal armed forces are subject to mandatory or optional destruction. In the interest of an economical and efficient administration, SALW which are not subject to mandatory destruction may be destroyed if they cannot be used in any other way.

The destruction of surplus SALW by the armed forces is carried out by means of a mechanical "shredding" process. A record which includes the serial numbers of each weapon is maintained on all such destructions.

According to Para 42 a of the Weapons Act SALW with historic or scientific value may be entrusted to certain museums or state collections as objects for display.