Flew, Catherine and Angus Urquhart. 2004 ‘Brokering.’ Strengthening Small Arms controls: An Audit of Small Arms Control Legislation in the Great Lakes Region and the Horn of Africa - Eritrea, p. 23. London: Saferworld / SaferAfrica. 1 February

Relevant contents

Brokering

International and regional agreements:

Co-ordinated Agenda for Action
Art. 3.2.3 and Implementation Plan Art. 3.2.3

Require regulations for the effective control of brokers, financiers and
transporters of small arms and light weapons.

Protocol for the GLR and HoA

Art. 1
Definitions

"broker" is a person who acts:
(a) for a commission, advantage or cause, whether pecuniary or otherwise;
(b) to facilitate the transfer, documentation and/or payment in respect of any transaction relating to the buying or selling of small arms and light weapons; or
(c) as an intermediary between any manufacturer, or supplier of, or dealer in small arms and light weapons and any buyer or recipient thereof.

"brokering" means acting:
(a) for a commission, advantage or cause, whether pecuniary or otherwise;
(b) to facilitate the transfer, documentation and/or payment in respect of any transaction relating to
the buying or selling of small arms and light weapons; or
(c) thereby acting as intermediary between any manufacturer, or supplier of, or dealer in small arms and light weapons and any buyer or recipient thereof.

Art. 3 (c) (xii)
Requires provisions regulating brokering in the individual State Parties.

Art. 11
Requires a national system for regulating dealers and brokers of small arms and light weapons, which includes:
(ii) registering all brokers operating within their territory;
(iii) ensuring all registered brokers seek and obtain authorisation for each individual transaction taking place;
(iv) ensuring that all brokering transactions provide full disclosure on import and export licences or authorisation and accompanying documents of the names and locations of all brokers involved in the
transaction;
(v) licensing, registering and checking regularly and randomly all independent manufacturers, dealers, traders and brokers.

Bamako Declaration Art. 3 A (vii) B (iv) UN Firearms Protocol Art. 15 UN Programme of Action Section II
Art. 14

Require provisions for the control of brokers, including shipping and
transit agents.

UN Firearms Protocol Art. 5 (2) (a) and (b) and Art. 14
Requires provisions relating to the illicit trafficking in firearms and those acting as accomplices or who organise, direct, aid, abet, facilitate or counsel the commission of such offences.

Requires adequate legislation regulating the activities of those who engage in small arms and light weapons brokering.

Current national legislative controls: -

Conformity:

The national legislation does not conform to the regional and international agreements.

[GLR = Great lakes region; HoA = Horn of Africa]

Last accessed at:
http://www.saferworld.org.uk/downloads/pubdocs/Horn%20Eritrea.pdf

ID: Q5343