1. Does your State maintain a national system for controlling or regulating:

[ Articles 3, 4, 5.2, 8, 9, and 10 ]

Export Yes
Import Yes
Transit / Transshipment by land Yes
Transit / Transshipment by sea Yes
Transit / Transshipment by air Yes
Brokering No
2. For which activities does your State maintain a national control list of conventional arms:

[ Articles 2.2 and 5.2 ]

Export No
Import No
Transit / Transshipment No
Brokering No
3. Does your national control list cover the following:

[ Articles 2.1, 3, 4, and 5.2 ]

Battle tanks [Article 2.1] No
Armored combat vehicles [Article 2.1] No
Large-caliber artillery systems [Article 2.1] No
Combat aircraft [Article 2.1] No
Attack helicopters [Article 2.1] No
Warships [Article 2.1] No
Missiles and missile launchers [Article 2.1] No
Small arms and light weapons [Article 2.1] No
Ammunition / Munitions for the above items [Article 3] No
Parts and components requiring control for the above items [Article 4] No
4. Is/are your national control list(s) publicly available?

[ Article 5.3 ]

1) If yes, please provide a copy or link to where your control list is made publicly available 2) If no, please provide a copy of your control list or provide information on the additional items that are covered No
4a. Details / reference / web link / additional comments
Fiji does not have a control list in legislation that covers transfers of conventional arms. But, our Arms and Ammunition Act (2003) and the Customs Act (amended 2010) has regulations about what items to control.
5. Are the controlled items defined?

[ Article 5.3 ]

1) if yes, which definition(s) do you use? (e.g. Wassenaar, United Nations Register of Conventional Arms, National definitions, etc.) No
1. Is the control of arms exports established in national legislation?

[ Article 5.5 ]

Yes
1a. Details / reference / web link / additional comments
The Arms and Ammunition Act 2003, s 19 of the Act allows a person to apply to the Minister for a license to export arms and ammunition. The Minister must have the approval of the Cabinet before an export licence can be issued. An export licence for arms for personal use and the ammunition for such arms does not require the approval of Cabinet. The Minister also has the power to prohibit/ban for a specified period the import and export of arms and ammunition. A special licence from the Minister must be obtained to import and export arms and ammunition during the period specified. The Customs Act of 1986, as amended to 2010; Customs (Prohibited Imports and Exports) Regulations 1986, as amended to 2010; Arms and Ammunition Act of 2003, Section 19
2. Which Ministry/ies or government agency/ies is/are responsible for implementing controls on arms exports?

[ Article 5.5 ]

Ministries of Foreign Affairs, Defence, Land and Mineral Resources, Customs and Revenue, Trade, Infrastructure
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Defence
4. Does your State take measures to ensure that all authorizations are detailed and issued prior to export?

[ Article 7.5 ]

If yes, what measures does your State take to ensure that all authorizations are detailed and issued prior to export? Yes
The Arms and Ammunition Act requires a licence to be granted by the Minister with approval from Cabinet, for both the import (s 16(1)) and export (s19) of arms. A permit is required for the transit (that is, importation, storage, transportation and exportation) of arms through Fiji and this may be granted by the Minister (s 22(1)). Sections 5, 6, and 7 of the Act also outline these processes
5. Can your State reassess an authorization if your State becomes aware of new and relevant information?

[ Article 7.7 ]

Yes
5a. Details / reference / web link / additional comments
The Minister of Defence and the Minister of Foreign Affairs has the power to stop a transfer.
6. Does your State maintain records of arms export authorizations?

[ Article 12.1 ]

Yes
6a. Details / reference / web link / additional comments
s 10(6) of the Firearms Act places requirements on a “licensed arms dealer” to keep records of their activities, including all arms imported, sold, and markings. There is no legislative requirement for exporters to keep records.
7. For how many years are records maintained?

[ Articles 12.1 and 12.4 ]

Not specified in the Arms and Ammunition Act 2003, however, records must be provided to the Commissioner of Police every month and records must be kept as long as the weapons exist.
8. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value Yes
Model / Type Yes
Importing State Yes
End-User Yes
Other (specify below) Yes
Marking appearing on transferred SALW
8a. Details / reference / web link / additional comments
9. Does your State maintain records of actual arms exports?

[ Article 12.1 ]

Yes
9a. Details / reference / web link / additional comments
If Fiji exported
10. For how many years are records maintained?

[ Articles 12.1 and 12.4 ]

If Fiji exported, records would be kept as long as the weapons exist
11. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value Yes
Model/ Type Yes
Importing State Yes
End-User Yes
Transit/ transshipment State(s) Yes
Other (specify below) No
12. Please provide any other information on export practices you would like to share.
Fiji does not have any legislative regulation covering the re-export of arms from a country that has received arms exported from Fiji. End-user certification is not in legislation but undertaken in practice
1. Is the regulation of arms imports established in national legislation?

[ Article 8.2 ]

Yes
1a. Details / reference / web link / additional comments
Import licences are necessary for the legal importation of arms or ammunition. The Minister with the approval of Cabinet grants or refuses import licences (part 5, section 16(1)). Under s 27 of the Act, the import of fully-automatic weapons is prohibited. Under s 17 of the Act, a person arriving in the Fiji Islands for a temporary stay who carries arms and ammunition for personal use may- (a) deposit the arms and ammunition with a senior officer of Fiji Islands Customs Service, or the officer-in-charge of the police station, at or nearest to the port of entry; or (b) in the prescribed form and accompanied by the prescribed fee, apply to an authorized officer for an interim import licence for the arms and ammunition. (2) A person who fails to obtain an interim import permit licence for any arms and ammunition imported under subsection (1) commits an offence. S 106 of the Customs Regulations (empowered by s 191 of the Customs Act) states: (1) Every person importing firearms or ammunition in his baggage shall deliver the firearms or ammunition to the proper officer for detention until he receives the necessary permit to enable delivery to be taken of such firearms or ammunition. The proper officer shall issue to every such person a receipt for the firearms or ammunition left in his charge. (2) Every person who contravenes any of the provisions of this regulation shall be guilty of an offence.” Customs Act of 1986, as amended to 2010; Customs (Prohibited Imports and Exports) Regulations 1986, as amended to 2010;
2. Which Ministry/ies or government agency/ies is/are responsible for regulating arms imports?

[ Article 5.5 ]

Ministries of Foreign Affairs, Defence, Land and Mineral Resources, Customs and Revenue, Trade, Infrastructure
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Defence
4. What measures does your State take to regulate imports?

[ Article 8.1 ]

Import licenses, control list for domestic ownership, conditions to be met per the Customs Act
5. Does your State have measures in place to ensure that appropriate and relevant information is available to exporting States as part of their export assessment process?

[ Articles 8.1 and 11.3 ]

Yes
5a. Details / reference / web link / additional comments
In practice, but not in law. Relevant information is not shared beyond the Ministries of Defence and Foreign Affairs
6. Does your State maintain records of arms imports?

[ Article 12.2 ]

Yes
6a. Details / reference / web link / additional comments
s 10(6) of the Arms and Ammunition Act places requirements on a “licensed arms dealer” to keep records of their activities, including all arms imported, sold, and markings. There is no legislative requirement for exporters to keep records.
7. For how many years are records maintained?

[ Articles 12.2 and 12.4 ]

For as long as weapons exist
8. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value Yes
Model / type Yes
Exporting State Yes
Transit / transshipment State(s) Yes
Other (please specify below)
9. Please provide any other information on import practices you would like to share.
Fiji maintains conditions for imports and import regulations
1. Is the regulation of transit and/or transshipment established in national legislation?

[ Article 9 ]

If yes, please provide the definition of transit and/or transshipment in your national legislation Yes
Customs Act describes “transshipment” Arms and Ammunition Act describes “transit”  
1a. Details / reference / web link / additional comments
The Minister is granted powers under the Arms and Ammunition Act 2003, s.22 to grant a transit permit for the importation, storage, transportation and exportation of any arms and ammunition which is in transit to any place outside the Fiji Islands. Customs Act of 1986, as amended to 2010; Customs (Prohibited Imports and Exports) Regulations 1986, as amended to 2010; Arms and Ammunition Act of 2003, Section 19
2. Which Ministry/ies or government agency/ies is/are responsible for regulating arms transit and/or transshipment?

[ Article 5.5 ]

Ministries of Foreign Affairs, Defence, Land and Mineral Resources, Customs and Revenue, Trade, Infrastructure
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Defence
4. What measures does your State take to regulate transit and/or transshipment under its jurisdiction?

[ Article 9 ]

Transit permits are issued, weapons remain under Customs control during transit, police maintain security over weapons, special procedures in place for “dangerous goods”
5. Does your State maintain records of arms that are authorized to transit and/or transship territory under its jurisdiction?

[ Articles 12.2 and 12.4 ]

Yes
5a. Details / reference / web link / additional comments
6. For how many years are records maintained?

[ Article 12.4 ]

7. What information do the records contain?

[ Article 12.3 ]

Quantity Yes
Value Yes
Model / Type Yes
Exporting State Yes
Importing State Yes
Transit / Transshipment Yes
End-User Yes
Other (please specify below)
7a. Details / reference / web link / additional comments
Diplomatic clearance has different procedures and information on this procedure varies
8. Please provide any other information on transit and/or transshipment practices you would like to share.
1. Is the regulation of arms brokering established in national legislation?

[ Article 10 ]

If yes, please provide the definition of brokering used in your national legislation No
1a. Details / reference / web link / additional comments
2. Which Ministry/ies or government agency/ies is/are responsible for implementing controls on arms brokering?

[ Article 5.5 ]

3. Which Ministry or agency leads this process?

[ Article 5.5 ]

4. Does your State take measures to regulate brokering taking place under your jurisdiction?

[ Article 10 ]

If yes, what measures does your State take to regulate brokering taking place under your jurisdiction? No
5. Please provide any other information on brokering practices you would like to share.
Fiji is working on developing brokering legislation and regulations
1. Does your State prohibit transfers of conventional arms:

[ Article 6 ]

If the transfer would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes? [Article 6.1] Yes
If the transfer would violate relevant international obligations under international agreements to which you are a party, in particular those relating to the transfer of, or illicit trafficking in, conventional arms? [Article 6.2] Yes
If you have knowledge at the time of authorization that the arms or items covered by your State's legislation would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which you are a party? [Article 6.3] Yes
1a. Details / reference / web link / additional comments
Fiji prohibits transfers of conventional weapons if the transfer would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes, in practice but not in law
2. Please provide a list of the relevant international agreements to which you are a party.

[ Articles 6.2 and 6.3 ]

  • Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention (CWC)
  • Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel
  • Mines and on Their Destruction (Ottawa Treaty)
  • Biological Weapons Convention
  • Convention on Cluster Munitions
  • United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (PoA)
  • Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (Biological and Toxin Weapons Convention (BTWC) or Biological Weapons Convention (BWC))
  • Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention (CWC))
  • Rome Statute of the International Criminal Court
In Parliament/In Process
  • United Nations Convention on Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (Convention on Certain Conventional Weapons (CCW / CCWC))
  • United Nations Convention against Transnational Organized Crime (TOC) – Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition (Firearms Protocol)
3. Please provide any other information on prohibitions you would like to share.
1. Does your State always conduct a risk assessment prior to authorization of an arms export?

[ Article 7.1 ]

If no, please specify under which conditions a risk assessment is not required. Yes
1a. Details / reference / web link / additional comments
If Fiji exported
2. Does your State require that the following criteria are included in your national assessment prior to granting an export authorization?

[ Article 7.1 ]

Whether the arms would contribute to or undermine peace and security? Yes
Whether the arms could be used to commit or facilitate a serious violation of international humanitarian law? Yes
Whether the arms could be used to commit or facilitate a serious violation of international human rights law? Yes
Whether the arms could be used to commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which your State is a party? Yes
Whether the arms could be used to commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which your State is a party? Yes
2a. Details / reference / web link / additional comments
Terrorism act Public order amended decree
3. Are additional criteria considered in addition to the above prior to authorizing a transfer:

[ Articles 7.4 and 11.2 ]

Risk of diversion No
Acts of gender based violence Yes
Other (please specify below)
3a. Details / reference / web link / additional comments
Domestic violence crimes decree
4. Does your State consider risk mitigation measures as part of its authorizations process?

[ Article 7.2 ]

If yes, what mitigation measures does your State consider (i.e. confidence building measures or jointly developed and agreed programs)? Yes
Work with other partners, customs practice, profiling
4a. Details / reference / web link / additional comments
5. Please provide any other information on risk assessment and/or mitigation practices you would like to share.
When transferring to peacekeeping operations use United Nations to do risk mitigation and safe transfer procedures End-user controls governed by Arms and Ammunition Act 2003, Sections 51-53
1. Does your State take preventative measures to mitigate the risk of diversion?

[ Article 11.2 ]

If yes, what preventative measures does your State take to mitigate the risk of diversion? Yes
Fiji grants the right to the exporting State to conduct a physical check at the point of delivery End-user controls governed by Arms and Ammunition Act 2003, Sections 51-53
2. Does your State cooperate and exchange information with States to mitigate the risk of diversion?

[ Article 11.3 ]

Yes
2a. Details / reference / web link / additional comments
Work with INTERPOL and Oceanic Customs Organization
3. Does your State take appropriate measures when it detects a diversion of transferred conventional arms?
If yes, what appropriate measures does your State take when it detects a diversion of transferred conventional arms? Yes
Conduct internal investigations
4. Is your State willing to share information on effective measures to address diversion?
If yes, what information is your State willing to share? Yes
Practices, laws, customs shares data with INTERPOL
1. Which agency/ies is/are responsible for enforcing arms transfer controls?

[ Article 5.5 ]

Ministries of Foreign Affairs, Defence, Customs and Revenue, Judiciary, the Fiji Police
2. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Defence
3. What measures does your State take to enforce national laws and regulations that implement the provisions of the Treaty?

[ Article 14 ]

Arms and Ammunition Act 2003, Section 51-53 and Schedule. 51(3) Regulations and orders made under this Act may prescribe maximum penalties of up to $20,000 or to imprisonment for 2 years for offences created under such regulations or orders 53(1) A person who commits an offence under this Act is liable on conviction to the maximum penalty specified in the third column of the Schedule against the sections of the Act respectively mentioned. (2) The penalties specified in Schedule 2 are maxima and a court may impose either a fine or imprisonment or both a fine and imprisonment up to the maximum specified. (3) A person who commits an offence for which no penalty is prescribed in the Schedule is liable on conviction to a fine not exceeding $2,000 or to imprisonment for 2 years Customs Act Crimes Decree
4. Please provide any other information on enforcement practices you would like to share.
In Fiji it is a criminal offence to trade SALW without a licence or authorisation or to do so in a manner that is in contradiction to the terms of a licence or authorisation in your country
1. Will your State provide an initial report within one year of entry into force on measures undertaken in order to implement the ATT?

[ Article 13.1 ]

Yes
1a. Details / reference / web link / additional comments
2. Does your State produce an annual report on:

[ Article 13.3 ]

Authorized arms exports No
Authorized arms imports No
Actual arms exports Yes
Actual arms imports Yes
2a. Details / reference / web link / additional comments
Fiji does not produce annual reports on authorized arms exports because Fiji does not export Fiji\'s annual report on actual arms exports and imports are contained in the UN Register
3. Are there legal impediments to the reporting requirements under the ATT?

[ Article 13.3 ]

No
3a. Details / reference / web link / additional comments
4. Can your State report on measures taken to address the diversion of transferred conventional arms?

[ Article 13.2 ]

Yes
4a. Details / reference / web link / additional comments
5. Has your State designated a national contact point for the ATT?

[ Article 5.6 ]

Yes
5a. Details / reference / web link / additional comments
6. Please provide any other information on transparency practices you would like to share.
1. Is your State involved in cooperation measures that will help to implement the ATT?

[ Article 15.1 ]

Yes
1a. Details / reference / web link / additional comments
2. Is your State currently involved in:

[ Articles 15 ]

Exchange of information on conventional arms transfers [Articles 15.2 and 15.3] Yes
Cooperative measures to prevent diversion [Article 15.4] Yes
Widest measures of assistance in investigations, prosecutions and judicial proceedings [Article 15.5] Yes
Measures to prevent corruption [Article 15.6] Yes
Development of best practices and lessons learned [Article 15.7] Yes
2a. Details / reference / web link / additional comments
3. Does your State intend to pursue cooperation in:

[ Article 15 ]

Exchange of information on conventional arms transfers [Article 15.1, 15.2, and 15.3] Yes
Cooperative measures to prevent diversion [Article 15.4] Yes
Widest measure of assistance in investigations, prosecutions and judicial proceedings [Article 15.5] Yes
Measures to prevent corruption [Article 15.6] Yes
Development of best practices and lessons learned [Article 15.7] Yes
3a. Details / reference / web link / additional comments
1. Does your State require assistance to implement the provisions of the Arms Trade Treaty?

[ Article 16.1 ]

Yes
2. Does your State require:

[ Article 16.1 ]

Legal assistance Yes
Legislative assistance, including model legislation Yes
Assistance for institution building Yes
Technical assistance Yes
Financial assistance Yes
Material assistance Yes
Stockpile management assistance No
Disarmament, demobilization, or reintegration assistance No
Assistance with effective practices for implementation Yes
Other (please specify below)
For material assistance, Fiji needs an x-ray machine for Customs -- for port security
3. Is your State in a position to provide assistance to other States to enable implementation of the provisions of the Arms Trade Treaty?

[ Articles 16.1, 16.2, and 16.3 ]

If yes, please answer question 4. If no, please go straight to question 5.
3a. Details / reference / web link / additional comments
Within the region
4. Is your State in a position to provide:

[ Article 16.1 ]

Legal assistance Yes
Legislative assistance, including model legislation Yes
Assistance for institution building Yes
Technical assistance Yes
Financial assistance No
Material assistance No
Stockpile management assistance Yes
Disarmament, demobilization, or reintegration assistance Yes
Assistance with effective practices for implementation Yes
Other (please specify below) Yes
Information exchange
5. Please provide information on any additional needs required to implement the ATT, particularly with regard to legal, licensing, customs, awareness raising and enforcement of sanctions, reporting, and transparency

[ Articles 16.1 and 16/2 ]

X-ray machines, national database software and hardware
6. Please provide information on any specific assistance programs that your State has provided that may help others implement the ATT, particularly with regard to legal, licensing, customs, awareness raising and enforcement of sanctions, reporting, and transparency

[ Articles 16.1 and 16.2 ]

7. Please provide information on specific assistance your State has received through the United Nations, international, regional, subregional or national organizations, non-governmental organizations, or on a bilateral basis that could be considered relevant for ATT implementation

[ Article 16.2 ]

Held ATT workshop with PSAAG 1540 workshops DFAT (Australia) legislation review Sponsorship to the CSP
1. Has your State already signed the Arms Trade Treaty?
No
2. Has your State already ratified the Arms Trade Treaty?
No
3. Is your State preparing to sign the Arms Trade Treaty in the next two years?
Yes
4. Is your State preparing to ratify the Arms Trade Treaty in the next two years?
Yes
5. Will/Has your State forumalted one or more reservations upon ratification?

[ Article 25.1 ]

If yes, please provide a description of your reservation(s). No
6. Please provide any other information you would like to share.