Sierra Leone. 2012 ‘Transfer of Small Arms and Light Weapons.’ Arms and Ammunition Act, 2012; Part V (Art. 18-20), pp. 10-13. Freetown: Sierra Leone. 30 August

Relevant contents

18. (1) No person shall transfer any small arm and light weapon or their manufacturing materials from, to or through Sierra Leone, except on a valid licence issued by Registrar for that purpose.
(2) An application for a licence to transfer small arms and light weapons or their manufacturing materials from, to or through Sierra Leone shall be in such form as may be prescribed by the Registrar and shall–
(a) be supported by an exemption certificate for arms transfer issued by the ECOWAS Commission; and
(b) specify details of the arms to be transferred including details of –
(i) the quantity, exact type and kind of arms, including all serial numbers and other marks;
(ii) the supplier including full details of the name, address and other contact details of all companies, individuals or representatives involved, including brokers and agents;
(iii) the supply process including the number and period of shipments, the routes, transit locations, type of transport to be used, all companies involved in importing, freight forwarding and handling, details of the storage and management of the weapons whilst being transferred, the time period covered by the activity for which the application is made;
(iv) the final end user including the name of individual, company, institution or representative responsible; and
(v) the end use including written confirmation from relevant national authority that the end user is authorised to import weapons.
(3) Every licence granted under this section shall be valid for a period of 12 months from the date on which it was issued, and may be renewed by the Registrar on such terms and conditions as may be prescribed.
(4) The particulars of every licence granted or refused under this section shall be entered in the National Small Arms and Light Weapons Register and in such form and as may be prescribed.

19. A licence to transfer small arms and light weapons or their manufacturing materials from, to or through Sierra Leone under section 18, shall not be issued by the Registrar unless –
(a) a written authorization relating to the export, import, transit, transshipment or brokering of the small arms and light weapons their manufacturing materials has been obtained from all states directly concerned with the transfer;
(b) all required information relating to the export, import, transit, transshipment or brokering of the small arms and light weapons and their manufacturing materials have been supplied to the ECOWAS Commission;
(c) the small arms and light weapons and their manufacturing materials have been marked as required under this Act;
(d) there is evidence that the small arms and light weapons and their manufacturing materials are not to be used –
(i) for the violation of international humanitarian law or infringement of human and peoples' rights and freedoms, or for the purpose of oppression;
(ii) for the commission of serious violations of international humanitarian law including, genocide or crimes against humanity and war crimes;
(iii) to worsen the internal situation in the country of final destination, in terms of provoking or prolonging armed conflicts, or aggravating existing tensions;
(iv) to carry out terrorist acts or support or encourage terrorism;
(v) other than, for the legitimate defense and security needs of the beneficiary country;
(vi) to facilitate the commission of violent or organised crime;
(vii) to adversely affect regional security; endanger peace, contribute to destabilising or uncontrolled accumulations of arms or military capabilities into a region, or otherwise contribute to regional instability;
(viii) to hinder or obstruct sustainable development and unduly divert human and economic resources to armaments, of the states involved in the transfer;
(ix) for corrupt practices at any stage, from the supplier, through any middlemen or brokers, to the recipient.

20. (1) Where the Registrar decides to refuse an application to transfer small arm and light weapons and their manufacturing materials from or through Sierra Leone under section 19, he shall issue a written statement to the applicant stating the reasons for his decision.
(2) Where an applicant is aggrieved by the decision of the Registrar under subsection (1), he may appeal to the High Court whose decision shall be final

Last accessed at:
http://www.sierra-leone.org/Laws/2012-09.pdf

ID: Q14145