Brazil. 2014 ‘Brokering.’ National Report of Brazil on its Implementation of the United Nations 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); Section 4, pp. 4-5. New York, NY: Permanent Mission of Brazil to the United Nations. 1 January

Relevant contents

Brokering

8. Does your country have laws, regulations and/or administrative procedures governing brokering of SALW? Yes

8.1. List laws and/or administrative procedures regulating SALW brokering in your country.

There is no specific legislation for brokering in Brazil, but broader legislation on the manufacture, use, import and export of firearms is applied to brokering activities.

i. Law No. 10826 (December 22nd 2003), slightly altered by Law 10867 (May 12th 2004) - main arms control legislation, known as Disarmament Statute;
ii. Decree No. 5123 (July 1st 2004) – regulates the Disarmament Statute;
iii. Decree No 3665 (November 20th 2000), known as R-105 – regulates the activities (manufacture, use, import, export, Customs clearance, transit and trade) involving products controlled by the Army…

8.2. Does your country require registration of SALW brokers? Yes

8.3 Does your country require a licence, permit or other authorisation for each brokering transaction? Yes…

8.3.3 . What are the criteria for granting a licence, permit or other authorisation?

- Absence of a criminal record;
- Licit occupation and permanent residence;
- Technical capacity and psychological aptitute.

All of the above criteria must be proved via appropriate documentation and procedures…

8.8 What penalties or sanctions does your country impose for illegal brokering activities?

Articles 12 to 17 of Law No. 10826 can be applied to brokering. Penalties include fine and detention for up to 8 years.

[SALW = Small Arms and Light Weapons]

Last accessed at:
http://www.poa-iss.org/NationalReport/NationalReports.aspx