Solomon Islands
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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 No
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]
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 Yes
www.paclii.org
4a. Details / reference / web link / additional comments
The link provides national laws pertaining to Customs on control list. The exact list may not be provided but in custody of Customs
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
National Definition in the Customs and Excise Act 31 December 2003 contains a list of restricted imports – it simply states “arms and ammunition”
1. Is the control of arms exports established in national legislation?

[ Article 5.5 ]

Yes
1a. Details / reference / web link / additional comments
Firearms and Ammunition Act (as amended) Section 17(1): prohibits the export of any firearms or ammunition from Solomon Islands without the appropriate license. Section 17(2): such license may be obtained by application to the Principal Licensing Officer (Commissioner of Police was so designated 14 October, 1992 by Firearms and Ammunition Act Subsidiary Legislation) on payment of the prescribed fee. Section 18: the Minister may by notice declare that firearms or ammunition shall not be exported from any place except ports or places specified in such notice. No firearms or ammunition shall be exported contrary to the terms of the notice. Section 23(1): the Minister may by notice prohibit exportation of any firearms, parts or ammunition without a special license issued by the Principal Licensing Officer. Section 24(1): the owner or master of any vessel used for the importation, exportation, receipt or storage of any firearm, parts or ammunition in contravention of a notice under Sec. 23 shall be liable to a fine of five thousand dollars, unless it can be proven that the offense was committed without his knowledge Section 24(2): the finding on board any vessel of any firearm, part, or ammunition subject to a prohibition under Sec. 23 shall be prima facie evidence that the vessel has been used for the import/export of firearms, parts or ammunition contrary to the Firearms Act Export
2. Which Ministry/ies or government agency/ies is/are responsible for implementing controls on arms exports?

[ Article 5.5 ]

Commissioner of Police, Ministry of Police and National Security (MPNS), Customs Comptroller (Customs and Excise Division, Ministry of Finance (MoFT))
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Ministry of Police and National Security and Customs and Excise Division
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
Issue of license prior to export
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
6. Does your State maintain records of arms export authorizations?

[ Article 12.1 ]

Yes
6a. Details / reference / web link / additional comments
Royal Solomon Islands Police Force (RSIPF) would if anything were exported
7. For how many years are records maintained?

[ Articles 12.1 and 12.4 ]

7 years record keeping is the period under government policy
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)
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 Solomon Islands exported
10. For how many years are records maintained?

[ Articles 12.1 and 12.4 ]

At Public Service, government records should be maintained for about 7 years or more if relevant
11. What information do the records contain?

[ Article 12.3 ]

Quantity
Value
Model/ Type
Importing State
End-User
Transit/ transshipment State(s)
Other (specify below)
12. Please provide any other information on export practices you would like to share.
The Facilitation of International Assistance Act of 2003 Section 15(5): Any material imported under Sec.15 maybe re-exported with license or other restriction or registration and free of customs, duties and taxes or any other charge that may be sought of levied. Section 24(1): subject to the Constitution, this Act and any regulation or other subsidiary legislation made under the Act shall have effect notwithstanding any other law of Solomon Islands
1. Is the regulation of arms imports established in national legislation?

[ Article 8.2 ]

Yes
1a. Details / reference / web link / additional comments
Firearms and Ammunition Act (as amended) Section 15(1): prohibits the import of any firearm, ammunition, or parts thereof into Solomon Islands from without, unless importer holds the appropriate license. Section 18: the Minister may by notice declare that firearms or ammunition shall not be imported into any place except ports or places specified in such notice. No firearms or ammunition shall be imported contrary to the terms of such notice. Section 19: Every person entering Solomon Islands with any firearm or ammunition and every consignee receiving any firearm or ammunition imported into Solomon Islands shall make a declaration thereof to a customs officer on arrival, and before clearing such firearm or ammunition shall produce an import license (issued under Section 15) to such customs officer. Section 23(1): the Minister may by notice prohibit importation of any firearms, parts or ammunition without a special license issued by the Principal Licensing Officer. Section 24(1): the owner or master of any vessel used for the importation, exportation, receipt or storage of any firearm, parts or ammunition in contravention of a notice under Sec.23 shall be liable to a fine of five thousand dollars, unless it can be proven that the offense was committed without his knowledge. Section 24(2): the finding on board any vessel of any firearm, part, or ammunition subject to a prohibition under Sec.23 shall be prima facie evidence that the vessel has been used for the import/export of firearms, parts or ammunition contrary to the Firearms Act Section 40B(1): no person shall import into Solomon Islands or sell any imitation firearm
2. Which Ministry/ies or government agency/ies is/are responsible for regulating arms imports?

[ Article 5.5 ]

MPNS, Customs and Excise Division (MoFT)
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

Where Arts. 5.5 and 2.1 (h) is concerned, it would be MPNS together with Customs in consultation with Special Secretary to RAMSI at Prime Minister’s Office (for present purposes only)
4. What measures does your State take to regulate imports?

[ Article 8.1 ]

This would have to be consulted between MPNS and the Customs or even the Financial Intelligence Unit (FIU) (money laundering or financing of terrorism activities)
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
By Customs and Police
6. Does your State maintain records of arms imports?

[ Article 12.2 ]

Yes
6a. Details / reference / web link / additional comments
MPNS and the Customs
7. For how many years are records maintained?

[ Articles 12.2 and 12.4 ]

Minimum of 7 years (government policy on record keeping)
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) Yes
Weapons\\\\\\\' owners personal data or information
9. Please provide any other information on import practices you would like to share.
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
Not in national legislation, but transit is cargo off-loaded from a ship and kept within the customs area. Transshipment is cargo moved between ships without going through the customs area.
1a. Details / reference / web link / additional comments
Firearms and Ammunition Act (as amended) Section 21: the Principal Licensing Officer may grant, refuse, suspend, or revoke – at his discretion – transit licenses covering the importation into, removal within, transportation across, and exportation from the Solomon Islands of any firearm or ammunition in transit through the country to any place outside Solomon Islands.
2. Which Ministry/ies or government agency/ies is/are responsible for regulating arms transit and/or transshipment?

[ Article 5.5 ]

Customs
3. Which Ministry or agency leads this process?

[ Article 5.5 ]

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

[ Article 9 ]

Weapons should be checked on entering and leaving the country and checked to ensure secured storage.
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
Should be by Customs in collaboration with MPNS
6. For how many years are records maintained?

[ Article 12.4 ]

Minimum of 7 years (government policy)
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
8. Please provide any other information on transit and/or transshipment practices you would like to share.
Diplomatic clearance has different procedures that varies where SALW or other forms are carried onboard naval ships that are on humanitarian work in the Solomon Islands. MFAET will advise later if certain process or steps in place.
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.
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] No
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] No
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] No
1a. Details / reference / web link / additional comments
2. Please provide a list of the relevant international agreements to which you are a party.

[ Articles 6.2 and 6.3 ]

  • Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Ottawa Treaty)
  • 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))
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
It would be undertaken if SI is exporting arms and compliance with laws of importing State is a requirement.
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
3. Are additional criteria considered in addition to the above prior to authorizing a transfer:

[ Articles 7.4 and 11.2 ]

Risk of diversion Yes
Acts of gender based violence Yes
Other (please specify below)
3a. Details / reference / web link / additional comments
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
MPNS and stakeholders would have to consider this in detail to ascertain such measures to contextualize for implementation purposes of ATT when State does accede.
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.
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
Control of weapons within customs areas, marking of imported weapons
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
Regionally through different cooperation frameworks and platforms such as at PIFS (Forum Regional Security Committee/Police Commissioner\\\\\\\'s Meeting, MSG (Customs, Quarantine and Maritime Border Security, Police Commissioner\\\\\\\'s Committee meetings, ), Oceanic Customs Group
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
Customs informs police who begin investigations and enforcement process
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
Depending on bilateral or regional agreements; may need to wait until investigation process is completed and information is ascertained before it is shared
1. Which agency/ies is/are responsible for enforcing arms transfer controls?

[ Article 5.5 ]

Depends on the nature of violation - Customs (MoFT), MPNS
2. Which Ministry or agency leads this process?

[ Article 5.5 ]

MNPS, Office of the Director of Prosecution, FIU
3. What measures does your State take to enforce national laws and regulations that implement the provisions of the Treaty?

[ Article 14 ]

Administration fines, criminal penalties, court sentencing practices
4. Please provide any other information on enforcement practices you would like to share.
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
It depends on available data and whether it will be a priority for the focal point and implementing agency
2. Does your State produce an annual report on:

[ Article 13.3 ]

Authorized arms exports No
Authorized arms imports No
Actual arms exports No
Actual arms imports
2a. Details / reference / web link / additional comments
No because don\\\\\\\'t export
3. Are there legal impediments to the reporting requirements under the ATT?

[ Article 13.3 ]

Do not know
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
Depends on priority, resources available, and what consultation would be required
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]
Cooperative measures to prevent diversion [Article 15.4]
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 Yes
Disarmament, demobilization, or reintegration assistance Yes
Assistance with effective practices for implementation Yes
Other (please specify below)
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. Yes
3a. Details / reference / web link / additional comments
4. Is your State in a position to provide:

[ Article 16.1 ]

Legal assistance Yes
Legislative assistance, including model legislation No
Assistance for institution building
Technical assistance
Financial assistance
Material assistance
Stockpile management assistance
Disarmament, demobilization, or reintegration assistance
Assistance with effective practices for implementation
Other (please specify below)
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 ]

Perhaps training on best practices in relation to these areas enlisted from comparative jurisdictions for stakeholders who may be involved in this roles in government and even for CSO/NGOs for general understanding
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 ]

  • Sponsorship to attend ATT Diplomatic negotiations conference held in New York (twice in 2012 and 2013) attended by Legal Adviser in MFAET (sponsorship by AUSAID through Oxfam International)
  • Held ATT workshop with PSAAG
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?
Do not know
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.