National implementation of selected arms control instruments

This legislative guide, published by the Institute for Security Studies in 2016, provides African states with practical guidance on drafting and amending national laws to comply with international and regional arms control instruments. It focuses on the Arms Trade Treaty (ATT), the UN Programme of Action on Small Arms (UNPoA), the International Tracing Instrument (ITI), the SADC Protocol, and the Nairobi Protocol. The guide details requirements for the manufacture, marking, record-keeping, and international transfer (export, import, transit, transhipment, and brokering) of conventional arms, specifically small arms and light weapons, and outlines necessary penal provisions for illicit activities.

• The guide is designed to help African lawmakers ensure national legislation is consistent with international and regional commitments, specifically focusing on the Arms Trade Treaty (ATT), the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA), and the International Tracing Instrument (ITI).
• Regarding manufacture, the guide advises states to decide whether to prohibit or regulate the production of small arms and light weapons. If regulated, it recommends a licensing system based on criteria including the applicant's age, background checks for criminal records or mental illness, and the suitability of facilities to ensure security and worker safety.
• International standards for marking require that small arms and light weapons be marked at the time of manufacture with the manufacturer's name, country of manufacture, and a unique serial number. The guide recommends these markings be applied to the most essential component, such as the frame or receiver, and be durable and legible.
• Record-keeping requirements vary by instrument: the ITI suggests manufacturing records be kept for at least 30 years and other records for at least 20 years, while the ATT requires records of transfers to be kept for 10 years. The guide suggests that best practice is to keep records indefinitely using electronic systems.
• For export controls, the guide highlights that under the ATT, states must prohibit exports if there is an 'overriding risk' that the arms would be used to commit genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, or other war crimes.
• The guide outlines controls for transit and transhipment, suggesting options such as licensing, systematic prior notification, or ad hoc controls. It notes that the right of innocent passage under the UN Convention on the Law of the Sea may limit a state's ability to require transit licences for ships in territorial seas.
• Brokering controls should include the registration of brokers and the authorisation of individual transactions. The guide suggests that states may extend jurisdiction extraterritorially to cover their nationals or companies conducting arms brokering activities abroad.
• States are encouraged to maintain a national control list of conventional arms. The ATT requires that these lists cover at least the descriptions used in the UN Register of Conventional Arms (UNROCA) and relevant UN instruments for small arms and light weapons.
• The guide recommends the criminalization of several activities, including illegal manufacture, possession, stockpiling, and trade of small arms and light weapons. It also suggests penalizing the falsification or illicit removal of markings and the provision of false information in licensing applications.

APA

Parker, S., Alusala, N., Shadung, M., & Stott, N. (2016). National implementation of selected arms control instruments. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/2016-12-19-guide-att-2016.pdf

Chicago

Parker, Sarah, Nelson Alusala, Mothepa Shadung, and Noël Stott. National implementation of selected arms control instruments. Institute for Security Studies, 2016. https://issafrica.s3.amazonaws.com/site/uploads/2016-12-19-guide-att-2016.pdf.

Wikipedia

{{cite report |last1=Parker |first1=Sarah |last2=Alusala |first2=Nelson |last3=Shadung |first3=Mothepa |last4=Stott |first4=Noël |title=National implementation of selected arms control instruments |publisher=Institute for Security Studies |date=2016 |url=https://issafrica.s3.amazonaws.com/site/uploads/2016-12-19-guide-att-2016.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{parker2016national, author = {Parker, Sarah and Alusala, Nelson and Shadung, Mothepa and Stott, Noël}, title = {{National implementation of selected arms control instruments}}, institution = {Institute for Security Studies}, year = {2016}, url = {https://issafrica.s3.amazonaws.com/site/uploads/2016-12-19-guide-att-2016.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }