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08-35194 -1- 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 08-35194 -2- 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 activities. 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. 08-35194 -3- 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 08-35194 -4- 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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