Citation(s) from the literature library

Flew, Catherine and Angus Urquhart. 2004 ‘Trade - Licensing.’ Strengthening Small Arms controls: An Audit of Small Arms Control Legislation in the Great Lakes Region and the Horn of Africa - Eritrea, pp. 27-28. London: Saferworld / SaferAfrica. 1 February

Relevant contents

Trade - Licensing

Current national legislative controls:

Transitional Penal Code

Art. 475
Prohibited Traffic of Arms

1. Whosoever:
(a) apart from offenses against the security of the State (Art. 254), makes, imports, exports or transports, acquires, receives, stores or hides, offers for sale, puts into circulation or distributes, without special authorization or contrary to law, weapons or munitions of any kind; or

(b) without indulging in trafficking, knowingly sells, delivers or hand over to suspect or dangerous persons, is punishable with simple imprisonment, without prejudice to the imposition of a fine, where he has acted for gain or has made a profession of such activities, and to confiscation of material seized.
2. Occasional violation of police regulations, and carrying or use of prohibited weapons are subject to the penalties for petty offenses (Art. 763 and 764).

Art. 763
Control of Arms and Ammunition

Whosoever, apart from the cases of traffic punishable under the Penal Code (Art 475):
(a) Contravenes the rules and regulation concerning the making and declaration, the trade in, possession or delivery, control or use of firearms or other weapons, and ammunition; is punishable with fine or arrest.


The national legislation broadly conforms to the regional and international agreements but falls short in a few key areas.

Offering arms and ammunition for sale without special authorisation is prohibited.

However, where special authorisation is granted the national legislation does not specify the standards,
conditions, regulations and monitoring mechanisms by which the trade in small arms is then controlled.

ID: Q5346

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