Macedonia, FYR
| 1. Definition of broker and/or brokering in national legislation and/or regulations | ||
|---|---|---|
| If yes, please specify | Yes | |
| The Law on production and trade of arms and militaryequipment”Article 4bMediation (hereinafter in the text of the Law: Brokeringservices) refers to negotiations or arrangements for buyingtransactions, sales or purchase of AME products from oneto any other country, as well as to sales or purchase of AMEproducts located in one country and their transfer to anyother country. For the purpose of this Law, the additionalservices, such as transport, financial services, insurance andreinsurance, advertizing and marketing shall not beconsidered as brokering services. Mediators (hereinafter: Broker) refers to tradecompanies or individuals performing brokering services asreferred to in paragraph 1 of this Article, who meet theconditions stipulated in Article 23 of this Law.“The Law on weapons”Article 3,,Firearms intermediary” shall mean a natural person –individual tradesman or company, which is partially orentirely involved in mediation, i.e. negotiations forpurchase, sales or transport of firearms, which differs fromthe activities of the companies referred to in Article 52,paragraph 1 of The Law on Changes and Amendments tothe Law on Weapons (Official Gazette of the Republic ofMacedonia n. 119/2013) |
| 2. The national system regulates brokers and/or brokering activities | ||
|---|---|---|
| Registration of brokers only | N/A | |
| Authorization to conduct brokering only | N/A | |
| Two-stage process of registration of brokering and authorization for brokering | Yes |
| 3a. Information and/or documentation provided to the competent national authority in an application to register as a broker | ||
|---|---|---|
| no information provided |
| 3b. Information and/or documentation provided to the competent national authority in an application for a licence or another form of authorization to conduct brokering | ||
|---|---|---|
| no information provided |
| 4. The national control system permits brokering of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances | ||
|---|---|---|
| If yes, please specify | No information provided |
| 5. State maintains a register of brokers | ||
|---|---|---|
| If yes, please specify | No information provided |
| 5a. Records of registered brokers are kept for … years | ||
|---|---|---|
| no information provided |
| 6. State maintains records of brokering licences or authorizations | ||
|---|---|---|
| If yes, please specify | No information provided |
| 6a. Records of brokering authorizations are kept for … years | ||
|---|---|---|
| no information provided |
| 6b. Information contained in records of brokering authorizations includes: | ||
|---|---|---|
| Quantity | No information provided | |
| Value | No information provided | |
| Model / type | No information provided | |
| Exporting state | No information provided | |
| Importing state | No information provided | |
| End-User | No information provided | |
| Other (please specify) | No information provided |
| 7. Regulation of activities closely associated with brokering | ||
|---|---|---|
| If yes, please specify | Yes |
| 1. State takes measures to enforce national laws and regulations | ||
|---|---|---|
| State takes measures to enforce national laws and regulations | Yes |
| 2. Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation | ||
|---|---|---|
| Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation | Yes |
| 1. There is an authorization or licensing system to control the export of conventional arms | ||
|---|---|---|
| If yes, please specify | Yes |
| 2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to export conventional arms | ||
|---|---|---|
| Procedures according to the Law on arms, Law on production and trade in arms and military equipment and bylaws |
| 3. The national control system permits exports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances | ||
|---|---|---|
| If yes, please specify | No information provided |
| 4. State maintains records of export authorizations | ||
|---|---|---|
| State maintains records of export authorizations? | Yes |
| 4a. Records of export authorizations are kept for … years | ||
|---|---|---|
| for arms and military equipment, 10 years; for SALW, 20 years |
| 4b. Information contained in records of export authorizations includes: | ||
|---|---|---|
| Quantity | Yes | |
| Value | Yes | |
| Model / type | Yes | |
| Importing state | Yes | |
| End-User | Yes | |
| Other (please specify) | Yes |
| 5. State maintains records of actual exports | ||
|---|---|---|
| If yes, please specify | Yes |
| 5a. Records of actual exports are kept for … years | ||
|---|---|---|
| for arms and military equipment, 10 years; for SALW, 20 years |
| 5b. Information contained in records of actual exports includes: | ||
|---|---|---|
| Quantity | Yes | |
| Value | Yes | |
| Model / type | Yes | |
| Importing state | Yes | |
| End-User | Yes | |
| Other (please specify) | Yes |
| 1. There is an authorization or licensing system to regulate the import of conventional arms | ||
|---|---|---|
| If yes, please specify | Yes |
| 2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to import conventional arms | ||
|---|---|---|
| no information provided |
| 3. The national control system permits imports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances | ||
|---|---|---|
| If yes, please specify | No information provided |
| 4. State maintains records of actual imports | ||
|---|---|---|
| If yes, please specify | Yes |
| 4a. Records of actual imports are kept for … years | ||
|---|---|---|
| For arms and military equipment 10 years, for SALW 20 years |
| 4b. Information contained in records of actual imports includes: | ||
|---|---|---|
| Quantity | Yes | |
| Value | Yes | |
| Model / type | Yes | |
| Exporting state | Yes | |
| End-User | No information provided | |
| Other (please specify) | Yes |
| 1. Measures to mitigate the risk of diversion | ||
|---|---|---|
| Establishment of mitigation measures | No information provided | |
| Provision, upon request, of end use / end user documentation to the exporting State | No information provided | |
| Measures in place to verify or seek to authenticate EUCS or other types of end-user documentation [SALW] | Yes | |
| Measures in place aimed at preventing the forgery and misuse of EUCs or other types of end-user documentation [SALW] | Yes | |
| Requirement for end use / end user assurances from an importing State (or industry) | No information provided | |
| Examination, where appropriate, of parties involved in a transfer | No information provided | |
| Requirement, where appropriate, for additional documentation, certificates, assurances for a transfer | No information provided | |
| Exchange of relevant information with other States Parties on effective measures to address diversion, as well as on illicit activities and actors | Yes | |
| Reporting to an international or regional body on measures taken to address diversion of transferred conventional arms | No information provided | |
| When exporting, State requires a Delivery Verification Certificate (DV) to confirm that SALW have reached their intended end-user or intended importer in the importing State [SALW] | No information provided | |
| When importing, the State grants the right to the exporting State to conduct a physical check at the point of delivery [SALW] | No | |
| Other measures | No |
| 2. Information contained in end user documentation (e.g. EUC) | ||
|---|---|---|
| Detailed description of the SALW or technology | Yes | |
| Contract number of order reference and date | Yes | |
| Final destination country | Yes | |
| Description of the end-use of SALW | Yes | |
| Exporter's details (name, address and business name) | Yes | |
| End-user information (name, position, full address, and original signature) | Yes | |
| Information on other parties in the transaction | Yes | |
| Certification by the relevant government authorities of the authenticity of the end-user | Yes | |
| Date of issue | Yes | |
| Other | No |
| 3. Measures to Control SALW re-exports: | ||
|---|---|---|
| Re-export of SALW only permitted when there is prior notification | No information provided | |
| Re-export of SALW is permitted only when there is prior approval | No information provided |
| 4. State takes appropriate measures when a diversion has been identified | ||
|---|---|---|
| Alert potentially affected States | No information provided | |
| Investigative and law enforcement measures at the national level | No information provided | |
| Use international tracing mechanisms to identify points of diversion | Yes | |
| Other measures | No information provided |
| 1a. Legislation, regulations, or administrative procedures provide for control over exports of conventional arms, including SALW and ammunition? | ||
|---|---|---|
| If yes, List laws, regulations, or administrative procedures | Yes |
| 1b. Legislation, regulations, or administrative procedures provide for measures to regulate imports of conventional arms, including SALW and ammunition? | ||
|---|---|---|
| If yes, List laws, regulations, or administrative procedures | Yes |
| 1c. Legislation, regulations, or administrative procedures provide for measures to regulate transit/transshipment of conventional arms including SALW and ammunition? | ||
|---|---|---|
| If yes, list laws, regulations, or administrative procedures | Yes |
| 1d. Legislation, regulations, or administrative procedures provide for measures to regulate brokers/brokering of conventional arms, including SALW and ammunition? | ||
|---|---|---|
| If yes, List laws, regulations, or administrative procedures | Yes |
| 2a. The competent national authority/ies for the control of exports is/are: | ||
|---|---|---|
| Customs / Ministry of Finance | No | |
| Ministry of Defence | No | |
| Ministry of Economy / Ministry of Business / Ministry of Trade | Yes | |
| Ministry of Foreign Affairs | No | |
| Ministry of Interior / Police | Yes | |
| Transfer Control Agency | No | |
| Other | No |
| 2b. The competent national authority/ies for the regulation of imports is/are: | ||
|---|---|---|
| Customs / Ministry of Finance | No | |
| Ministry of Defence | No | |
| Ministry of Economy / Ministry of Business / Ministry of Trade | Yes | |
| Ministry of Foreign Affairs | No | |
| Ministry of Interior / Police | Yes | |
| Transfer control agency | No | |
| Other | No |
| 2c. The competent national authority/ies for the regulation of transit/transshipment is/are: | ||
|---|---|---|
| Customs / Ministry of Finance | No | |
| Ministry of Defence | No | |
| Ministry of Economy / Ministry of Business / Ministry of Trade | Yes | |
| Ministry of Foreign Affairs | No | |
| Ministry of Interior / Police | Yes | |
| Transfer control agency | No | |
| Other | No |
| 2d. The competent national authority/ies for the regulation of brokers and/or brokering activities is/are: | ||
|---|---|---|
| Customs / Ministry of Finance | No | |
| Ministry of Defence | No | |
| Ministry of Economy / Ministry of Business / Ministry of Trade | Yes | |
| Ministry of Foreign Affairs | No | |
| Ministry of Interior / Police | Yes | |
| Transfer control agency | No | |
| Other | No |
| 3a. National control list of conventional arms subject to transfer controls. | ||
|---|---|---|
| If yes, please specify | Yes |
| 1. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the implementation of the UN Programme of Action on Small Arms (PoA) | ||
|---|---|---|
| If yes, please specify | Yes |
| 2. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the United Nations Register of Conventional Arms | ||
|---|---|---|
| If yes, please specify | No information provided |
| 3. The national system includes one or more national points of contact to exchange information on ATT implementation | ||
|---|---|---|
| If yes, please specify | Yes |
| 1. A transfer is prohibited if it would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes | ||
|---|---|---|
| If yes, please specify | Yes |
| 2. A risk assessment is conducted before issuing an export authorization | ||
|---|---|---|
| If yes, please specify | Yes |
| 3. National legislation, regulations or policy guidelines include the following] risk assessment criteria | ||
|---|---|---|
| Contribute to or undermine peace and security | Yes | |
| Commit or facilitate a serious violation of international humanitarian law to which State is a party | Yes | |
| Commit or facilitate a serious violation of international human rights law to which State is a party | Yes | |
| Commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which State is a party | Yes | |
| Commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which State is a party | Yes | |
| Commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children | Yes | |
| Risk of diversion | Yes | |
| Other | No |
| 5. Risk mitigation measures that could be undertaken to mitigate identified risks | ||
|---|---|---|
| If yes, use free text box for types of risk mitigation measures utilized | No |
| 1. Definition of transit and/or transshipment in national legislation and/or regulations | ||
|---|---|---|
| If yes, please specify | Yes | |
| The Law on production and trade of arms and militaryequipment”Article 4a Transport (transfer) of AME shall mean import, exportand transit of previously agreed quantities of AME inbetweentrading companies that have met the conditionsreferred to in Article 23 of this Law and trading companiesin other countries, abroad and on the territory of theRepublic of Macedonia. Transport (transfer) of AME also implies transfer ofsoftware or technology through electronic media, faxes,telephones, electronic mail or other electronic means outsidethe territory of the Republic of Macedonia, and relates to theelectronic access to software and technology by legal andnatural persons outside the territory of the Republic ofMacedonia and verbal transfer of technology by phone, if thetechnology is contained in a document whose importantportion has been read out loud or described over the phone.“The Law on weapons”Article 55“Transferring weapons, ammunition and weaponscomponents, in regards to this Law, shall mean any activitytaken during the import, export and transit of any previouslyagreed quantity of weapons, ammunition and weaponscomponents, between the companies referred to in Article 46,paragraph 1 and Article 52, paragraph 1 of this Law andcompanies from other countries.(Official Gazette of theRepublic of Macedonia n. 119 /2013) |
| 2. The national system regulates the transit/transshipment of conventional arms | ||
|---|---|---|
| By land | Yes | |
| By sea | No | |
| By air | Yes |
| 3. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to transit/transship conventional arms | ||
|---|---|---|
| no information provided |
| 4. The national control system permits transit/transshipment of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances | ||
|---|---|---|
| If yes, please specify | No information provided |
| 5. State maintains records of transit/transshipment authorizations | ||
|---|---|---|
| If yes, please specify | Yes |
| 5a. Records of transit/transshipment authorizations are kept for … years | ||
|---|---|---|
| For arms and military equipment 10 years, for SALW 20 years |
| 5b. Information contained in records of transit/transshipment authorizations includes: | ||
|---|---|---|
| Quantity | Yes | |
| Value | Yes | |
| Model / type | Yes | |
| Exporting state | Yes | |
| Importing state | Yes | |
| End-User | Yes | |
| Other (please specify) |
| 1. The state makes information publicly available on the national system to control/regulate international arms transfers and address diversion | ||
|---|---|---|
| National report on implementation of the PoA | Yes | |
| ATT initial report | Yes | |
| 1540 matrix | Yes | |
| National report on the national system to control/regulate international arms transfers and address diversion | Yes | |
| ATT-BAP survey | Yes |
| 2. The state makes information publicly available on arms imports and exports | ||
|---|---|---|
| UN Register of Conventional Arms | Yes | |
| UN Register of Conventional Arms - SALW | Yes | |
| ATT annual report | Yes | |
| Arms transfers reported to Comtrade | No information provided | |
| Regional instrument | Yes | |
| National report on arms transfers | Yes |
| 3. Website for more information on national system | ||
|---|---|---|