Andorra_E_ by ashrafp


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           Translated from French

           Permanent Mission of the Principality of Andorra to the
           United Nations
           NV — 173/08
                                                                      New York, 22 May 2008

                 The Permanent Mission of the Principality of Andorra to the United Nations
           presents its compliments to the Office for Disarmament Affairs and has the honour
           to transmit herewith the report, submitted by the Government of the Principality of
           Andorra, on implementation of the Programme of Action to Prevent, Combat and
           Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.
                 The Permanent Mission of the Principality of Andorra to the United Nations
           takes this opportunity to convey to the Office of Disarmament Affairs the renewed
           assurances of its highest consideration.

                                                                           (Signed) [illegible]

           Office of Disarmament Affairs
           United Nations
           New York
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                   Information from Andorra on implementation of the International
                   Instrument and of the Programme of Action to Prevent, Combat
                   and Eradicate the Illicit Trade in Small Arms and Light Weapons
                   in All Its Aspects

                         There have never been military installations on Andorran territory. The
                   paréages (feudal treaties) signed in 1278 and 1288 by the Count of Foix and the
                   Bishop of Urgell forbade the construction of military infrastructures and the
                   recruitment of young Andorrans by any army. Since the co -princes were responsible
                   for the security of the Principality, Andorra has never needed to develop an army.
                         In 2006, Andorra submitted to the United Nations a report on the illicit trade in
                   small arms and light weapons in all its aspects. That report examines the domestic
                   legislative framework regulating small arms and light weapons; the Andorran legal
                   system has not been modified since 2006. This report is an update of the first
                   follow-up report.

                   Information regarding the section on implementation of the
                   International Instrument
                        The current Andorran arms legislation is based partly on the Decree on the
                   Possession, Use and Transport of Weapons of 3 July 1989, 1 and partly on the 2005
                   Penal Code, Chapter 3 of which addresses the carrying of, trafficking in and storage
                   of weapons, ammunition and explosives. The Decree and the Andorran Penal Code
                   constitute the administrative and legal framework ensuring that the sector is closely
                   regulated. The Decree, is to a great extent, similar to the relevant legislation in force
                   in Spain and in France.
                         The only bodies authorized to bear arms in Andorra are:
                       – The Police Force, which ensures security within the country;
                       – The Customs Department;
                       – The Banders, a unit of forest rangers under the National Heritage Department
                         of the Ministry of Land Management, Urban Planning and the Environment,
                         whose tasks include the protection of wildlife and the supervision of hunting
                         The only law enforcement agency in Andorra is the Police Force, which
                   manages its own weapons. It uses only light weapons and does not possess heavy
                   weapons. In 2007, some 400 handguns and shoulder weapons were in the possession
                   of the Andorran Police Force. These handguns are allocated to the individuals who
                   use them; rifles are allocated to units.
                         The Police Force is responsible for the general supervision of weapons. To that
                   end, it maintains registers and archives containing, inter alia, all data, such as make,
                   calibre and serial number, on weapons owned by civilians in the country.
                        In accordance with the Decree of 1989 and the Customs Code of 2005, the
                   Customs Authority is also authorized to bear arms. All weapons in the possession of

               1   This Decree is discussed at length in Andorra’s first report on the illicit trade in small arms and
                   light weapons in all its aspects, submitted in 2006.
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           the Customs Authority are listed in the monitoring registers and archives of the
           Police Force.
                 In accordance with the regulations established for forest rangers in 1988, the
           Banders are entitled to carry hunting rifles. The Police Force has access to all data
           on their weapons. In addition, the Banders have their own weapons control
           procedure, which consists of keeping a written record of all rangers taking firearms
           out of or back to the service office.
                Lastly, it is forbidden under Andorra’s weapons legislation to manufacture
           weapons on Andorran territory. As a result, all weapons are manufactured abroad
           and subsequently imported.

           Information regarding implementation of the Programme of Action at the
           national level
                 In response to all of the requests for information contained in this paragraph,
           the Principality of Andorra recalls that the current weapons legislation is contained
           in the Decree on the Possession, Use and Transport of Weapons of 3 July 1999 and
           in articles 263, 264 and 265 of the Andorran Penal Code. This legislative framework
           is complemented by other laws:
              – Act No. 5/2004, the Andorran Customs Code of 14 April 2004, which, inter
                alia, authorizes Andorran customs officials to bear arms;
              – Act No. 8/2004, the Police Force Act of 27 May 2004, which, inter alia,
                regulates the carrying of firearms by Andorran Police officers;
              – The Hunting Act of 13 April 2000, which, inter alia, establishes the
                competences of the Banders; and
              – The exchange of notes of 22 February 2005 constituting a bilateral agreement
                between the Principality of Andorra and the Kingdom of Spain on the
                reciprocal recognition of weapons permits for hunting and sport shooting.
                It should be pointed out that the penalties for violations of the terms of the
           Decree are set forth in Chapter 3 of the Penal Code.
                The Decree of 1989 regulates the import, export, temporary export and
           movement of weapons in the Principality. Weapons imports are monitored by the
           Customs Department. The Chief of Police establishes the categories and types of
           weapons that may be imported into Andorra.
               The Decree also regulates the licensing system and weapons vendors. Thus,
           Andorran weapons vendors may sell category 1 and 2 weapons (weapons and
           ammunition) only to persons who have been granted authorization to purchase them.
                As regards the sale of ammunition, purchasers with a license to bear or own
           weapons may receive ammunition directly from the vendor. Non-resident foreign
           purchasers must collect it from the central police station.
                When a handgun is purchased, it is delivered to the owner by the vendor
           authorized by the central police station.
                The Police Force is responsible for inspecting weapons and gathering data on
           purchase authorizations, makes, models, calibres and serial numbers. The Police
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                   records this information on the firearms permit and maintains a database (which
                   does not, however, include non-resident foreign nationals).
                         Where the purchaser is a non-resident foreign national, the Police Force
                   transports the weapons to the border, where the purchaser may collect it on leaving
                   the Principality.
                         Responsibility for granting firearms permits rests with Andorran judges.
                   Judges are empowered to grant such permits to persons who are physically and
                   mentally able, have the technical skills to use and maintain weapons and are aware
                   of the minimum safety regulations in place.
                        Firearms permits are issued and signed by a judge of the Tribunal de Corts 2
                   and a judge of the Criminal Court. Such permits authorize the bearer to own and use
                   weapons registered in accordance with the provisions of pa ragraph (b) of the section
                   in question. Judges may, however, set any additional restrictions they deem
                   appropriate on the permits they grant.
                         Permit applications are submitted to judges through the Police Force. In order
                   to obtain a permit, the application form (Annex 1) must be submitted, together with
                   an official medical certificate (Annex 2).
                         The owner’s guide for each weapon listed on the permit is provided by the
                   Police Force. The guide includes the personal information of the owner, who may be
                   a natural or legal person; the make, model, calibre and serial number of the weapons
                   and the place where it will be stored; the number and category of the permit on
                   which the firearm is listed; and the individual number of the owner’s guide. In some
                   cases, a single firearm may be registered on several permits. Permit applications are
                   submitted to judges through the Police Force.

                   Implementation of the Programme of Action at the global level
                         Andorra has always cooperated with the United Nations system and wit h the
                   Security Council in implementing resolutions and providing all information
                   requested. Andorra also cooperates with the World Customs Organization and with
                   the International Criminal Police Organization.
                          Lastly, as regards the ratification of international instruments on combating
                   terrorism and transnational organized crime, Andorra has ratified 11 of the 13
                   United Nations conventions on terrorism and has signed the remaining two. The
                   International Convention for the Suppression of the Financing of Te rrorism will be
                   ratified by the end of 2008. A few months later, with the ratification of the
                   International Convention for the Suppression of Acts of Nuclear Terrorism, Andorra
                   will have fulfilled its commitment to become a party to all 13 of the counter-
                   terrorism conventions.
                   [Translator’s note: two documents in Catalan are attached. The first is a firearms
                   permit application form; the second is a blank copy of the medical certificate that
                   must be submitted with the application.]

               2   The Tribunal de Corts is a body akin to the French Court of Assizes, but without a jury.

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