informe sec pro temp 01 02 ing by 0N4nG1Kh

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									INTER-AMERICAN CONVENTION AGAINST                      OEA/Ser.L/XXII.2.3
THE ILLICIT MANUFACTURING OF AND,                      CIFTA/CC-III/doc.9/02
TRAFFICKING IN FIREARMS AMMUNITION,                    30 April 2002
EXPLOSIVES, AND OTHER RELATED MATERIALS                Original: Spanish
Consultative Committee
Third Regular Meeting
May 2-3, 2002
Washington, D.C.




 REPORT OF THE SECRETARY PRO TEMPORE OF THE CONSULTATIVE COMMITTEE
 ESTABLISHED WITHIN THE FRAMEWORK OF THE INTER-AMERICAN CONVENTION
   AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS,
     AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS (CIFTA)
                         FOR THE PERIOD 2001-2002
     REPORT OF THE SECRETARY PRO TEMPORE OF THE CONSULTATIVE COMMITTEE
     ESTABLISHED WITHIN THE FRAMEWORK OF THE INTER-AMERICAN CONVENTION
       AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS,
         AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS (CIFTA)
                             FOR THE PERIOD 2001-2002


         Once again, I have the honor of reporting to the members of this Consultative Committee
established within the framework of the Inter-American Convention Against the Illicit Manufacturing
of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials, this time on
the work of the Secretariat pro tempore, held by Mexico, for period May 2001 to May 2002.

        As you will recall, at the second meeting, May 17-18, 2001, the Consultative Committee
considered the activities report of the Secretariat pro tempore for 2000-2001; received the report of
the Secretary General on the status of signing and ratification of the Convention, which had 12 States
Parties at the time; evaluated the responses received to the questionnaire on Ratification and
Implementation of the Convention; approved the Work Program for 2001-2002, elected Mexico to
continue as Secretariat pro tempore of the Consultative Committee for 2001-2002; and conducted
other business. The detailed report, classified as CIFTA/CC-II/doc.13/01, was distributed.

          Twelve States Parties to the Convention participated in the second meeting, two more than at
the first. We now have 15 States Parties participating and I am pleased to welcome the representatives
of Argentina, Grenada and Uruguay, as full members of this Consultative Committee. Now, almost
half the member states of the OAS are sending the message that we are firmly committed to
combating the illicit trafficking of firearms, ammunition, explosives, and other related materials.

        We must continue our efforts to make the Convention universal and implement the
commitments we have made through it and through cooperation among the states. This, in addition to
being fully compatible with the United Nations 2001 Program of Action to Prevent, Combat, and
Eliminate the Illicit Traffic in Small Arms and Light Weapons in All Its Aspects, will redound to the
benefit of all persons living in our hemisphere.

I.      Activities carried out

        As indicated earlier, during the Second Regular Meeting of this Committee, the States Parties
to the Convention approved the Program of Work for 2001-2002, set forth in document CIFTA/CC-
II/doc.12/01 rev. 1. Through this program, the Consultative Committee instructed the Secretariat pro
tempore to perform a series of tasks, which have been completed with the support of the OAS
General Secretariat.

        The assigned tasks included the following activities:

        1.      Updating of directories

        With the information contained in the responses received to the questionnaire prepared by the
OAS General Secretariat, the following directories were updated: 1) national bodies or single points
of contact, envisaged in Article XIV of the Convention, to promote cooperation and information
                                                -2-


sharing among the States Parties; and 2) central authorities contemplated in Article XVII of the
Convention, to facilitate mutual legal assistance.

       The directories are useful tools for identifying counterparts and facilitating the exchange of
information and international cooperation.

        2.      Updating of inventories

        Taking into account the responses received to the questionnaire prepared by the OAS General
Secretariat, the inventory of measures already adopted by the States Parties for implementing the
Convention was updated, including measures to promote training and the exchange of knowledge and
experiences among the states.

        A detailed presentation of these documents, the directories and the inventory, which have
already been distributed to you as working documents, will be given by the Director of Legal
Cooperation of the OAS General Secretariat.

         I wish to impress upon those states who have responded to the questionnaire that they must
keep the information up to date or otherwise inform the Secretariat pro tempore. I also wish to
reiterate how important it is for states who have not yet done so to identify their national bodies or
single points of contact, as well as their central authorities, as requested.

        It should be recalled that the purpose of the questionnaire is to collect information from the
countries having signed and ratified the Convention and from all the countries in the hemisphere, with
a view to promoting greater cooperation and exchanges of information and experiences in this area.
To date, responses have been received from 17 countries in the region, namely: Argentina, The
Bahamas, Belize, Bolivia, Brazil, Canada, Colombia, Chile, Ecuador, El Salvador, Guatemala,
Guyana, Mexico, Panama, Peru, Trinidad and Tobago, and Venezuela. In other words, the responses
of Argentina, The Bahamas, Colombia, and Guatemala were added during this period.

        3.      2001-2002 Work Program

        In accordance with the 2001-2002 Work Program and the measures identified by the
Consultative Committee at its second regular meeting, activities were launched to implement that
program and facilitate the exchange of information, taking into account the confidentiality required of
each State Party involved and cooperation in the area covered by the Convention. The activities
include the following:

        a.      First Closed informal meeting

        In accordance with the 2001-2002 Work Program, the Consultative Committee held the First
Closed informal meeting on July 10, 2001, within the framework of the UN Conference on the Illicit
Trade in Small Arms and Light Weapons in all its Aspects, held in New York, July 9-20, 2001. The
objective of that informal meeting was to begin and develop the exchange of experiences and
information, taking advantage of the attendance of experts from those countries at the Conference.
                                                 -3-


       On that occasion, as Secretary pro tempore of the Consultative Committee, I also held
meetings with the States Parties, Signatory States, Member Countries of the European Union (EU),
and with the United Nations, initiating the appropriate formal contacts, in accordance with the Work
Program.

        A number of aspects were discussed at the meeting with the European Union, with emphasis
on three areas: information sharing; training; and the possibility of joint activities. The delegations of
the Unites States and Canada also expressed their interest in playing a constructive role in any
cooperation activities that might be conducted. It was clearly understood that this rapprochement was
not a negotiating process but a shared perception of the problem with the desire to prevent it.

        Several EU member countries and the Consultative Committee indicated their agreement with
the disarmament objectives between the EU and the Rio Group, and expressed their intention to seek
close cooperation with the Consultative Committee through the Presidency of the European Union.
Belgium, which currently held the Presidency, expressed its willingness to continue having the EU
come together with the Consultative Committee to explore areas of cooperation and possible
information sharing, and suggested that similar meetings be held.

           Also at that closed informal meeting, Mexico presented a national diagnosis of the status of
illicit traffic in firearms and on the implementation of the Convention in that country. That started off
the exchange of information, demonstrating the Consultative Committee’s real potential to promote
opportunities for substantive information sharing at the bilateral, trilateral or multilateral levels. I
invite all the states who consider it appropriate, to share their own national diagnoses with this
Consultative Committee.

        b.      Proposed action plan or cooperation program

         In response to a request from this Consultative Committee, I instructed the General
Secretariat to formulate a proposal for an action plan or cooperation program to promote the signing
and/or ratification of the Convention, as applicable, by states that have not yet done so, and its
implementation before the Conference of States Parties, which should be held five years after the
entry into force of the Convention, as provided in Article XXVII of the Convention.

         The proposal, which shall be submitted to you for consideration, will require the support of
all the States Parties and signatories and of those countries and regions wishing to contribute to this
regional effort. Dr. Jorge García González will present the details of the proposal to you tomorrow
morning.

        c.      Measures to facilitate information sharing and to promote training

        Further to the conversations held during the First Informal Meeting, Spain, upon assuming
the Presidency of the European Union, has continued to work closely with the region to promote
greater cooperation in the areas covered by the Convention. The European Union, through
Ambassador Eduardo Gutiérrez, Permanent Representative of Spain to the OAS, endorsed the
European Union’s willingness to cooperate with the Consultative Committee and other forums of the
inter-American system in implementing the CIFTA Convention.
                                                -4-


         In accordance with the Program of Action and with a view to implementing the measures
identified by the States Parties to facilitate information sharing and promote training and the
exchange of knowledge and experiences among the States Parties, this Secretariat pro tempore
consulted with the OAS General Secretariat and the Executive Secretariat of the Inter-American Drug
Abuse Control Commission (CICAD) on submitting projects to be financed by the European Union
and implemented, at the request of the interested countries, during an initial phase, in the subregions
of Mexico, Central America and the Dominican Republic; the Andean Region; and the Southern
Cone. This is all completely coordinated and has the technical support of CICAD and the Legal
Cooperation Department of the OAS.

         The projects seek to strengthen the capacity of the national authorities of the Member States
to improve the control of legal movements of firearms, ensuring that legally manufactured weapons
arrive at their final destination without being diverted. The approval process is estimated to take at
least one year, as is customary with internal procedures in the European Union. If these projects are
accepted for EU financing, their execution and results will be duly reported to the members of the
Consultative Committee, the EU, and CICAD. The CICAD Executive Secretariat, which will
participate in tomorrow’s meeting, will elaborate on this.

         It should be pointed out that the presentation of these projects is an example of the activity
coordination, which needs to be strengthened within the framework of the inter-American system, in
particular among entities working in areas related to the Convention, such a CICAD, the UN Centre
for Peace, Disarmament and Development in Latin America and the Caribbean (UN-LiREC), through
this Committee and with support from the OAS General Secretariat. It is hoped that these training
activities, as well as the seminars held can be strengthened and integrated by means of electronic data
sharing in the near future.

        d.      Convention Web page

        With support from the General Secretariat, an Internet site was established for disseminating
developments concerning the Convention and Convention-related national legislation in the states. As
you know, the most important thing in this type of communication is its timeliness and relevance,
hence my request that all States Parties participate actively by sending in the updated information
they wish to have posted.

         This is the first step towards creating a Virtual Private Network among the national bodies or
single points of contact of the States Parties, to facilitate communication, cooperation and information
sharing among them, always mindful of the provisions of the Convention, particularly Article XV
[sic] on Confidentiality.

        As you know, the OAS has begun similar projects in such sensitive areas as confidence
building, within the purview of the Committee on Hemispheric Security and in the context of the
Meetings of Ministers of Justice of the Americas. These experiences can be useful and even
compatible with the goals of this Consultative Committee.

        The Organization has also started to create a virtual library that will enable the national
bodies or single points of contact of the States Parties to access important information on the areas
covered by the Convention, such as the national legislation and administrative procedures of States
                                                -5-


Parties, and information produced in other international forums, in particular those directly
concerned–CICAD and the UN, for example–and to identify and compile information related to the
existing training activities and contribute to the exchange of knowledge, experiences and technical
assistance among the States Parties to the Convention.

        Even though this will be presented to you in greater detail by the General Secretariat, let me
point out that the issue of different levels of access—public and private—remains pending. At
present, there are no restrictions on access, as a result of which the responses to the questionnaire
have not been posted. As soon as the necessary resources are available, we will be able to proceed
with this project.

        e.      New issues for consideration

         At its First Regular Meeting, the Consultative Committee received the views of some States
Parties that new issues should be considered, which could be developed to strengthen international
cooperation in implementing the Convention. Among these issues is the creation of private networks
for exchanging information among national bodies or single points of contact, and between central
authorities and preparing registers of arms suppliers. It should be noted that the latter issue is linked
to the purchase and sale of small arms and light weapons, which is not addressed in the Convention
but has been in the 2001 Program of Action, in particular in the Report of the UN Intergovernmental
Group of Experts on “Small Arms” (Document A/Conf.192/2 May 11, 2002) and of the Committee
on Hemispheric Security.

       I invite the States that wish to do so, to address these issues during this meeting or at
upcoming events. Please note that, with regard to the creation of private networks for exchanging
information, the topic will be broached in the cooperation program, which will be presented to you
tomorrow morning by the OAS General Secretariat.

        f.      Contacts with Nongovernmental Organizations

        To maintain appropriate contacts with nongovernmental organizations, the private sector, and
other concerned groups, following the practice adopted at previous meetings, in addition to the inter-
governmental institutions joining us at tomorrow morning’s session, there will also be representatives
of the British-American Security and Information Council (BASIC), the Federation of American
Scientists (FAS), Viva Río. Other organizations which were also contacted, for various reasons, could
not attend, such as International Alert and the Program to Control, Regulate and Reduce the Arms
Trade of the Swedish Fellowship of Reconciliation (SWEFOR).

        g.      Participation in international meetings

        To carry out the mandate in the Work Program, whereby the Secretariat pro tempore would
represent the Consultative Committee at the relevant international meetings, the Secretariat pro
tempore participated in the following:
                                    -6-


1.   XXIX Regular Session of the Inter-American Drug Abuse Control Commission
     (CICAD), Washington, D.C., May 31, 2001. A report was given on the work of the
     Consultative Committee, stressing that strengthening international cooperation in the
     area was one of the principal objectives of the Convention and the basis for
     implementing the commitments undertaken through the Convention.

2.   XXXI General Assembly of the OAS, San José, Costa Rica, June 2-5.- At the
     Assembly, this Secretariat pro tempore advocated, with the co-sponsorship of all the
     States Parties, approval of Resolution AG/RES. 1800 (XXXI-O/01) Inter-American
     Convention Against the Illicit Manufacturing of and Trafficking in Firearms,
     Ammunition, Explosives, and Other Related Materials (CIFTA). The resolution
     underscored the importance of the Convention, urged all Member States who had not
     done to sign and ratify the Convention, as appropriate, and noted with satisfaction the
     Work Program adopted by the Consultative Committee. It is hoped that at the
     upcoming Regular Session of the OAS General Assembly to be held in Barbados,
     June 2-4, 2002, that the States Parties to the Convention will again co-sponsor the
     corresponding draft resolution.

3.   United Nations Conference on Illicit Arms Trade in all its Aspects, New York, July
     9-20, 2001.- Participated in the high-level segment of the Conference and showed the
     development of hemispheric cooperation in the area. The results of the Conference
     include the 2001 Program of Action, which, inter alia, welcomed regional initiatives
     and encouraged the competent regional organizations to undertake new initiatives to
     promote implementation of the program. It was also requested that a point of contact
     be identified.

4.   Regional Seminar “Latin America and the Caribbean: Evaluation and follow-up of
     the United Nations Conference on Illicit Arms Trade in all its Aspects,” Santiago,
     Chile, November 19-21, 2001. Organized by the United Nations Regional Centre for
     Peace, Disarmament and Development in Latin America and the Caribbean (UN-
     LiREC) and with the sponsorship of the Government of Chile and the participation of
     CICAD, The Secretariat pro tempore was invited to participate in two segments: The
     1997 Inter-American Convention and Legal Definitions of Small Arms and Light
     Weapons, Illicit Trafficking and Illicit manufacturing. Its main outcomes were to
     recommend strengthening cooperation of the Consultative Committee with the UN,
     the EU, and other institutions engaged in the area to enhance efforts to combat the
     illicit trafficking in firearms and prevent overlapping and wasted resources.

5.   Second Special Session of the Inter-American Committee Against Terrorism
     (CICTE), Washington, D.C., November 29, 2001. At the invitation of Mr. Steven
     Monblatt, President of CICTE, who will attend this regular meeting tomorrow, I
     participated in this special session to explore possible areas of collaboration and
     exchange of experiences between our two inter-American system mechanisms. I
     pointed out that both were created to address specific problems affecting the security
     of the countries in the region through international cooperation and that, in combating
     terrorism and the illicit trafficking in firearms, we should each take advantage of the
                                                -7-


                other’s comparative advantages in our areas of competence. CICTE approved a work
                program contemplating the coordination of activities on these terms.

        6.      CICAD seminar on “The Application of the Model Regulations for the Control of the
                International Movement of Firearms, their Parts and Components and Ammunition,”
                Brasilia, February 26-28, 2002. Organized by CICAD and UN-LiREC, under the
                auspices of the Government of Brazil, I was invited to participate in discussion of the
                item “The Inter-American System. Summary of the Inter-American Convention
                Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition,
                Explosives, and Other Related Materials and its application. The role of the
                Consultative Committee in the Convention and its work.”

        7.      First [sic] Meeting of Ministers of Justice and Attorneys General of the Americas,
                Port of Spain, Trinidad and Tobago, March 10-13, 2002.- Although this Secretariat
                pro tempore did not formally participate, the importance the Ministers clearly
                attribute to cooperation within this Consultative Committee must be noted. This was
                evidenced in their decision to recommend that the States Parties ratify the
                Convention, in addition to including the progress of this Consultative Committee in
                drafting the Plan of Action and considering it in the work of the governmental group
                of experts on judicial assistance in criminal matters.

        8.      Committee on Hemispheric Security, regular session, April 26, 2002. On the issue of
                “Proliferation and illicit trafficking in small arms and light weapons,” this Secretariat
                pro tempore reported on the work of the Consultative Committee and announced its
                Third Regular Session. The Committee addressed the issue of intermediation in arms
                transfers at that session.

        I should point out that, on that occasion as on others, I always insisted on inviting all the
states who had not done so to sign and ratify the Convention, as appropriate, and to strengthen
cooperation within the Consultative Committee.


II.     Priorities and Challenges of the Consultative Committee

       Although some progress has been made in cooperation, in the opinion of this Secretariat pro
tempore, our efforts should be concentrated on the following areas:

        1.      Increase the number of ratifications of the Convention.

        2.      Setup the database and virtual private network, with different levels of access for the
                general public and the members of the Consultative Committee, to facilitate direct
                communication between the competent national authorities.

        3.      Strengthen the cooperation of the Consultative Committee with the UN, in particular
                its regional center UN-LiREC, the European Union, CICAD and other institutions
                working in the area to enhance efforts to combat illicit trafficking in firearms and
                prevent overlapping and wasted resources.
                                               -8-


        4.      Strengthen training activities in the areas covered by the Convention and in use of the
                CICAD Model Regulations, using the resources and comparative advantages of the
                institutions involved.

        5.      Encourage the exchange of experiences and activities with other international forums,
                such as the UN and EU.

        6.      Make headway in drafting model legislation in relation to the areas referred to in the
                Convention which are not envisaged in the CICAD Model Regulations, in order to
                facilitate full implementation of the Convention.

        7.      Hold seminars on the areas covered by the Convention and to follow-up on the UN
                2001 Program of Action to ensure its implementation in the region.

        I am pleased to inform you that the Consultative Committee carries out its activities seeking
the appropriate coordination in the Inter-American System, in particular with the OAS General
Secretariat, the Inter-American Drug Abuse Control Commission, the Inter-American Committee
Against Terrorism, the European Union, and the United Nations, in particular the UN Regional
Centre for Peace, Disarmament and Development in Latin America and the Caribbean, and maintains
ongoing contact with various nongovernmental organizations working in the field.

        During its two consecutive terms, this Secretariat pro tempore has duly executed the mandate
received by the Consultative Committee and wishes to acknowledge the sensitivity and political will
of our countries in making every effort needed to reach our goal of preventing, combating, and
eradicating the illicit production and trafficking of firearms, ammunition, explosives, and related
materials.

        The Secretariat also wishes to note that implementation of this international commitment is in
the hands of all the States Parties and signatories. To that end, we invite the countries that have not
yet done so to deposit their instruments of ratification, answer the questionnaire on implementation,
and implement the provisions binding on them under the Convention.

         Lastly, my heartfelt thanks to the Secretary General of the OAS and his entire team for their
efficient support of the work of this Secretariat pro tempore.



                                                      Ambassador Miguel Ruiz-Cabañas
                                               Permanent Representative of Mexico to the OAS and
                                                            Secretary pro tempore
                                                - 11 -


                                                                                               ANNEX


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

                                          AIDE-MEMOIRE


        The Inter-American Convention against the Illicit Manufacturing of and Trafficking in
Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) originated at the Tenth
Summit of the Rio Group, in 1996. It was negotiated in the framework of the Organization of
American States (OAS) and opened for signature on November 14, 1997, at the twenty-fourth regular
session of the General Assembly.

        The Convention entered into force on July 1, 1998. To date, the Convention has been signed
by 33 OAS member states and ratified by 15: Argentina, The Bahamas, Belize, Bolivia, Brazil, Costa
Rica, Ecuador, El Salvador, Grenada, Mexico, Nicaragua, Panama, Paraguay, Peru, and Uruguay.

       This pioneering legal instrument served as the model for negotiation of the United Nations
2001 Program of Action to Prevent, Combat, and Eliminate the Illicit Traffic in Small Arms and Light
Weapons in All Its Aspects and for 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.

         In its Article IX, “Export, Import, and Transit Licenses or Authorizations,” the Inter-
American Convention provides that “States Parties shall 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” and that “States Parties shall not permit the
transit of firearms, ammunition, explosives, and other related materials until the receiving State Party
issues the corresponding license or authorization.”

        Also, in Article IV, “Legislative Measures,” the Convention provides that “States Parties that
have not yet done so shall 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.”

         In addition, established upon deposit of the 10th instrument of ratification of the Convention
was the Consultative Committee, composed of one representative of each state party and charged with
promoting measures for attaining the aims of the Convention and facilitating its application, through
promoting information exchange, training, and fostering cooperation through the appropriate national
authorities.
                                                 - 12 -


         At its first regular meeting, held on March 9 and 10, 2000, the Consultative Committee
adopted its internal rules of procedure; adopted its work plan; decided to send to the OAS member
states a questionnaire on the ratification and implementation of the CIFTA; and elected Mexico as
Secretariat pro tempore of the Committee for the 2000-2001 term.

       At the second meeting, held on May 17 and 18, 2001, the Consultative Committee, among
other matters, considered the report on the activities of the Secretariat pro tempore for 2000-2001;
examined the report of the Secretary General on the status of signatures and ratifications of the
Convention; studied the replies received to the questionnaire on the ratification and implementation of
the Convention; adopted the 2001-2002 work plan; and elected Mexico to continue as Secretariat pro
tempore for the 2001-2002 term.

        Under the 2001-2002 work plan, the Consultative Committee held the first closed informal
meeting on July 10, 2001, in the context of the United Nations Conference on the Illicit Trade in
Small Arms and Light Weapons in All Its Aspects (New York, July 9 to 20, 2001). The aim of the
meeting was to initiate and foster an exchange of experience and information, taking advantage of the
attendance of that Conference by experts from the various countries. The exchange of information
begun at that meeting demonstrates the Consultative Committee’s potential to promote cooperation
and substantive information exchange at the bilateral, trilateral, or multilateral levels.

         The third regular meeting of the Consultative Committee will be held on May 2 and 3, 2002,
at OAS headquarters. The agenda is expected to include: the report on activities of the Secretariat
pro tempore for the 2001-2002 term; the report of the Secretary General on the status of signatures
and ratifications of the Convention; the replies received to the questionnaire on the ratification and
implementation of the Convention; subregional, hemispheric, and international perspectives on the
illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related
materials; legislative measures to implement the Convention; the 2002-2003 work plan; and election
of the country that will serve as Secretariat pro tempore for the 2002-2003 term.

        The Consultative Committee works in coordination with the Inter-American Drug Abuse
Control Commission, the Inter-American Committee against Terrorism, the European Union, and the
United Nations, in particular the UN Regional Centre for Peace, Disarmament and Development in
Latin America and the Caribbean, and maintains ongoing contact with various nongovernmental
organizations working in the field.

        Lastly, Article XXVIII of the Convention provides that a conference of States Parties is to be
held five years after its entry into force. The objective will be to assess the functioning and application
of the Convention.




CIFTA00048E05

								
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