The President of the Republic of Colombia

08-31322-1-

Translated from Spanish

MINISTRY OF FOREIGN AFFAIRS

DECREE NUMBER 4508 OF 19 DECEMBER 2006

Establishing the National Coordinating Committee to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

THE PRESIDENT OF THE REPUBLIC OF COLOMBIA,

in the exercise of his constitutional and legal faculties, particularly those provided for in article 189, subparagraph 2, of the National Constitution, in accordance with Andean Community decision No. 552 and Law No. 737 of 2002, and

WHEREAS:

• The Fourteenth Andean Presidential Council adopted decision No. 552 establishing the Andean Plan to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;
• Decision No. 552 provided for the establishment, in each member State, of a National Coordinating Committee — National Focal Point responsible for creating and implementing the measures needed to deal with the issues referred to in the Plan and for ensuring their full execution;
• On 5 February 2003, Colombia ratified the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials of 14 November 1997, following approval by the Colombian Congress through Law No. 737 of 2002 and review by the Constitutional Court, which declared it enforceable by virtue of its judgement No.C-764 of 17 September 2002;
• In accordance with its article XXV, the Convention entered into force on the thirtieth day following the date of deposit of the instrument of ratification, that is, 6 March 2003;
• The United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects provides for the establishment of national coordination bodies to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects;

DECREES THAT:

Article 1:Establishment and composition of the National Coordinating Committee to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

The National Coordinating Committee to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects is hereby created as a national coordination body of the Colombian State to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects.The Committee shall be composed of the:

a.Minister of the Interior and Justice or his/her representative;

b.Minister of Foreign Affairs or his/her representative;

c.Minister of Defence or his/her representative;

d.Minister of Trade, Industry and Tourism or his/her representative;

e.Director of the Administrative Department of Security or his/her representative;

f.General Commander of the Military Forces or his/her representative;

g.Director of the National Police or his/her representative;

h.Director-General of the National Tax and Customs Authority or his/her representative;

i.General Manager of the Colombian Military Industry or his/her representative.

Paragraph. The Attorney General, or his/her representative, shall be invited to attend the meetings of the Committee and shall have the right to be heard and to vote. Likewise, depending on its needs and the issues on its agenda, the Committee may,at the request of one of its members, invite any individual or any public or private entity to attend its meetings;such individuals or entities shall have the right to be heard but shall not be able to vote during the Committee’s deliberations.

Article 2:Functions of the National Coordinating Committee to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

The functions of the National Coordinating Committee shall be to:

a.Draft and implement the National Plan of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;

b.Ensure compliance with and full implementation of the Coordinated Agenda of Action, as part of the Andean Plan, at the national level;

c.Ensure compliance with the obligations of Colombia as a State party to the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials;

d.Provide guidance on policy, research and monitoring in the areas of proliferation, control and illicit trafficking of small arms and light weapons;

e.Supply such official information as may be requested by other national coordinating committees, institutions responsible for ensuring the full application of the law and the relevant international organizations, and to cooperate with them;

f.Cooperate with the relevant experts and representatives of civil society with a view to preventing, combating and eradicating the problem of proliferation and illicit trafficking of small arms and light weapons;

g.Promote the consolidation of existing databases on small arms and light weapons in Colombia;

h.Verify compliance with administrative and legal measures adopted to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects;

i.Promote national application of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.

The Committee shall also have the following operational functions:

a.To coordinate the implementation of the Coordinated Agenda of Action with the secretariat of the Andean Community;

b.To collaborate with the coordinating committees of other countries in the Andean region;

c.To work together and in coordination with interested representatives of civil society;

d.To facilitate the exchange and dissemination of information;

e.To conduct and facilitate research on relevant topics;

f.To identify and draw on past experience;

g.To build capacity for addressing the issue of small arms and light weapons in a sustainable manner;

h.To perform such other tasks as it may deem useful.

Article 3:Bodies of the National Coordinating Committee

The National Coordinating Committee to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects shall have the following bodies:

a.Chairman’s Office;

b.Technical Secretariat.

Article 4:Chairmanship of the Committee

The Minister for Foreign Affairs or his/her representative shall serve asChairman of the Committee. The chairmanship shall be a permanent position and shall include the following responsibilities:

a.To ensure that the Committee duly carries out its duties and fulfils its responsibilities;

b.To ensure the implementation of decisions adopted by the Committee;

c.To promote the exchange of information among Committee members;

d.To convene Committee meetings, through the Technical Secretariat;

e.To preside over Committee meetings;

f.To ensure full compliance with the Committee’s rules of procedure;

g.To discharge such other responsibilities as may be designated by law or by the Committee’s rules of procedure.

Article 5:Technical Secretariat

The Ministry of Defenceshall serve as Technical Secretariat of the Committee. The position shall be a permanent one and shall include the following responsibilities:

a.To support the Committee in promoting and coordinating initiatives aimed at fulfilling its responsibilities;

b.To convene regular or extraordinary meetings at the request of the Chairman;

c.To prepare and present to the Committee the technical materials and other documents it needs to carry out its functions;

d.To coordinate and prepare replies to requests that fall within the scope of the Committee’s competence;

e.To compile and consolidate such information as may be requested by national or international bodies on small arms and light weapons;

f.To discharge such other responsibilities as may be assigned by law, the rules of procedure or the Committee itself.

Article 6: Single point of contact

The Ministry of Foreign Affairs shall serve as international liaison for the National Coordinating Committee and shall be responsible for disseminating information about the Committee’s views and decisions at the international level.

Without prejudice to the provisions of the foregoing paragraph, the Office of the Attorney General shall serve, in the exercise of its constitutional and legal responsibilities, as the point of contact for all matters related to the exchange of evidence, cooperation and international legal assistance with other States.

Article 7: Sessions

The National Coordinating Committee shall hold regular meetings at least once every three (3) months, with a quorum of six (6) members. The first meeting shall take place one month following the issuance of this Decree.

Paragraph: The Committee shall hold extraordinary meetings when the Chairman deems it necessary, or when at least three (3) of its members request such a meeting, subject to notification by the Technical Secretariat of the meeting.

Article 8: Decision-making

The Committee shall adopt its decisions by majority vote of the members present.

Article 9: Working subcommittees

The Committee may set up internal operational subcommittees to further consider specifictopics related to the Committee’s activities.

Article 10:Rules of procedure

The National Coordinating Committee shall adopt its own rules of procedure.

Article 11: Entry into force

This Decree shall enter into force on the date of its publication.

TO BE PUBLISHED AND IMPLEMENTED

Done atBogotá,D.C.

(signature illegible)

(Signed) Carlos Holguín Sardi
Minister of the Interior and Justice

(Signed) María Consuelo Araújo Castro
Minister for Foreign Affairs

(Signed)Juan Manuel Santos Calderón
Minister of Defence

(Signed) Jorge Humberto Botero Angulo
Minister of Trade, Industry and Tourism

(Signed) Andres Mauricio Peñate Giraldo
Director of the Administrative Department of Security