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The Sierra Leone Commission on Arms and Ammunitions Act 2023

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Added to the library by Umaru Afiz SESAY on Oct 25, 2026

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Preamble

Agf supplemem tu the siena Leone Extraordinary Gazene vol. CLXI\ No.3g dated 19thJune,2023 THE STERRA LEONE COMMISSION ON ARMS ANt} AMMUNITIONS ACT,2O?.3 ARRANGEMF,NT OF SECTIONS Sections. [,ARr[-PRELiMII.-rff].TARY I. Interpretation. Z Application. PART II_ESTABLISHMENT OF THE COMMISSION i. 'i he Sierra Leone National Commission onArms. 4. Appointment of Commissioner and Deputy Commissioner. 5. Tenure ofComrnissioner and Deputy Commissioner. 6. Functions r:f Commissioner and Deputy Commissiorrer. 7. Remuneration of Commissioner and Deputy Commissioner. 8. OtherstaffofCommission" -o. Sccondment ofpubtric officers. 10, Consultants and experts. I l. lndependencc of Commission. 12. f)irectorates ofCommission. 13. Regional and disrict offrccs ofCornmission. PARI'III_SIERIIA I-F])NE COhTMISSION ON ARMS ANI) AMMUMTION A,DVISORY COMMITTEE. 14. Ad.risoryCommittee. PART IV _FINANCIAL PROVISIONS 15. Funds of Commission. 16. A!'counts and audit of Cornmission. 17. Financial yearofCommission. 18. Annual reporl ii No. 24 T'he Sierra Leone Comrnission on Arms and Ammunition Act 2$23 PART V_FI.INCTIONS OF THE COMIVIISSION 19. Functions of Commission. PARTVI-NA]]ONAL REGISTER OF ARMS 20. National Register of Arms. 21. Collection and desuuction of arrns" PARTVII_LICENSING OF SMALL ARMS n" Possession, custody or control of arms prohibiled. 23. Application to ovm, control or use small arms. 24" Revocation of licence. 2,5. Duly to report loss of licence. 26. Replacementoflicence. n. Deposit of arm to National Arms Registry. PARTVIII.,TRANSFER OFARMS FROM,'TOORTHROUGI{ SIF.RRA LEONE ?3. Licence to transferarm ltom, to orthrough Sierra Leone. D. Restriction on issue of licence to tznsfer arm. 30. Refusal of application to transfer arm. 31. Broke,ring. PARTIX_MA}.{UFACTURE AND SALE OF ARMS WITHIN SIERRA I-MNE 32. Licence to manufacture or sell amr witlun Sierra Leone. 33. Refusal of application to manufacture. 34- Revocation of licence. 35. Ma*ingofarms. 36- Marking ofammunition. 37. Obliteration. 38. Manufachuer to keep record. 39. Regulations. 40. Repeal and saving. PARTX_MISCELLANEOUS StcNrn this 2nd day of May, 2023. DR JI.'LruS MAADA BIO, President. No.24 2023 Sierra Leone THE SIERRA LEONE COMMISSTON ON ARMS AI{D A-'WMUNITIONS,\CT, 2023. Being an Act to repeal and replace the Sierra Leone National Commission on SmallArms Ac{ 2010 (Act No. 6 of20l0), to provide tbr the continuing in existence of the Sierra Leone National Commission on Small Arms as the Sierra Leone Commission on Arrns and Ammunitionsl to regulate and supervise the manufacture, tradc and use of arms, ammunition and other related materials and to provide forother related matters. ENecrcn by the President and Members of Parliament in this present Parliamenl assembled. Short title Date of commencement. @ t 2 No. 24 The Sierra Leone Comnission on Arms and Ammunition ,lct 2023 PARTI_PREI-IMINARY Inlerpretation. t. In this Act, unless the context other,vise requires- "Advisory Committee" means the Sierra Leone Cornrnission on Arrns an<l Ammunitions A-dvisory Comlnittee established under section 13; "ammunitions" mean devices destined to be shot or projected througtr the rneans of fiteamts irrcluding - (a) cartridges; O) projectiles and missiles for ligft weapons; (c) mobiie containerc vrith missilq; or pro.jectiles for anti-craft or anti-taitk single action systems; {i' "attack helicopters" means rotary-wing aircraft designed, equipped or rnodified to ell€iage targets by employingguided or unguided anti'iumour, airto-surface or air-to-aii weapoils that are cquipped with an integrated fire control and airning system, including versions of those aircraft ihar perform specialised recorutaissance or ele,ctronic warfare rnissions; "armoured comhat vehicles" flteans trackcd, semitracked or wheeled seli-propellcd veilicles. witlt armoured protection and c(oss-country tapability, either - (a) designed end equipped tLr transpott a squad of four on more infantry.rnen; or (b) armed vrith an integral or organic weapc.n of at least 125 mm salibre or a rnissile launcher; No. 24 Tle Sierra l.eone Comnission on Arms and Ammunition Act 2023 3 "arms" include conventional arms such as battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles and missile launchers, their ammunition and other related materials; "battle tanks" mean tracked or whecled self-propelled armoured fighti"g vehicles with high cross-count{,/ mobility and a high level ofself-protection, weighing at least 16.5 t (metric) unladen weight, with a trigh muzzle velocity direct fire main gun of at least 75 run calibre. "brokering" mcans work- carried out as an intermediary between a manufacftirer, supplier or distributor of arms and a buyer or user, including the provision af furancial support and the transportation ofarrns; "Ch.airman" means the Chairman of the Sierra Leone Commission on Arms and Ammunitions Advisory Committee appointed under subsection (3) of section I3; "combat aircraft" means fixed-wing or variablegeometry wing aircraft designed, equipped or modified to engage targets by employing guidcd missiles, unguided rockets, bombs, guns, cannons or other weapons ofdestruction, including versions of such aircratt that perform specialised electronicwarfare, suppression of air defence or reconnaissance missions excluding primary trainer aircraft, unless designed, equipped nr modified; "Commission" means the Sierra l,eone Commission on Arrns andAmmunitions referred to in sectioli 3: 4 No. 24 T'he SierraLeoneCommissiononArmsandAmmunition Act 2023 "Commissioner" means the Commissioner ofthe Siemr Leone Commission on Anns and Arnmunitions appointed under section 4; "Convention" means the ECOWAS Convention on Small Arms and Light Weapons, their Ammunitions and Other Related Materials, done at Abuja, on I 4th June,2006; "Deputy Commissioner" means the Deputy Commissioner of the Sierra Leone Commission on Arms and Ammunitions appointcd under section 4: "trCOWAS" means the Economic Community of West African States comprising Heads of State and Government ofthe Member States to the Convention; "export" means to - (a) take arms or arnmunition, licensed or registered out of one country to another country, or (b) cause arms or ammunition. Iicensed or registered to be taken out of a country to . arrother country tl',rough any harboru, airport or other place r:n board a vessel or aircra& or by any other means of conveyance; "import" means to brilg arms or ammunition, or cause them to be brought into Sierra Leone: "large-calibre artillery systern" includes guns, howitzers, artillery pieces that combine the characteristics of a guu or a howitzer, mortars or multiple-launch rocket systems capable of engaging surface targets by delivel'ing primarilf indirect fire and having a calibre of 7-5mm and above; No. 24 The Sierra Leone Commission on Arms and Ammur,itton At:t 2023 5 "light weapon" includes portable arms desigped to be used by ser€ral persons working together in a ream ad which include heavy machine guns, ponable grenade launchers, mobile or mounted, portable antiaircraft cannons, portable anti-tank cannons, nonrecoil guns, portable anti-tank missile launcherso r rocket launchers. portable anti-aircraft missile launcher..s and mortars with a calibre of less tha;r l00millimetres; "rnan-portable air-defence system" means a surfuceto-air missile system designed to be man-portabls, carried and fired by a single individual. as weli as other surface-to-air missile systenls portabie by several individuals and designedto be operatcd and fired by more than one individual acting as a crew; '\nissile and missile launcher" means - (a) a guided or unguided rockets, ballistic or cruise missiles capable of rieiivering a warhead or weapon of destruction to a rangc of at least 25 km; or (b) a dcvice designed or modified specifically for launching missiles or rockets including . renrotely piloted..,ehicles with the missiles characteristics capable of delivering a warlread or weapon of destruction to a range of at leasr25 k'n, exchrding ground-to-air missiles; "marking" means inscriptions permitting the itlentifir:ation of anns covered by this Act and dre ECO\['AS Convention on SuiallAmrs and Light Weapons; 6 No. 2.f The Sierua Leone Commission on Arms and Ammunition Act 2023 "Minister" means ths Minister of Internal Affairs. "National Register of Atms" means the National Itegister ofArms referred to in section I9; "other related materials" means all components, parts or spare pars tbr arms or ammunition uecessary for its functioninlr or any chemical subr;tance serving as active material used as propelling or explosive agent; "public restricted place or private restricted plnce" mea:rs aplace prescribed as aprivate restricted place or public restricted place as thc case rnay be; "re-export" means to send previously imported anns to another state or territory other than that fiom which they were originally irnported; "Registrar" means the Registrar ofAlms referred to in section l9; and "grd I a'nd' nur arffi td by ueprsr"t ad whicfi irdude fireams ad ottrcr ffirudive atrs ot' *vimslch 6at Gxdodirg bol'b, m irrcerrtrry bonboragmbonb, a grsyde arockdlarrcfer, a nis$ le a nisi leqldcnor I adnt m rs/olvasad p$dswith atrorrdic lodirg, riflesaxJ catinq ndlireguq as.^dt riflq ligf'f, rndiregurx; "tran$er" indudes inport, e$ort, trandt, trars *riprent arrltrrsport or ily otfBr nure'rent vvMse/s d anqarm.rition ad cfi'e rdated ndsi d sfrom, to or tlrcrryh Sena Lore. "traldt" nens wlgr mnvetiond ans thet hwe bear dispiCred frcrm thHr plaeof eport fry the e<portir.g $de l'eve rrt' yd bet remjvd by ttrc inprtirg stde No. 24 T'he Sie:ra Leone Contmission on Arms and Ammunition Aci 2$23 7 "arms-in-Eansit" includes anns entering and leaving an intermediary state prior to entering the territory ofthe recipient state, and typically takes place under the supervisioir of the intennediate state's customs authority; "transhiprnent" means the act of trans-shipment, transfer of conventional anns from the exporting state to the inrporting state through other destinations, and involves a change or changes rn fansport type during the transfer process; "warship" means a vessel or submarine armed and equipped for rnilitary use with a starrdard displacement of 500 metric ton-s or above, and those with a standard displacement of Iess than .500 nietric tons, equipped for launching nrissiles with a range of at least 25 kilometres or to4redoe:s wrth similar range.

Section 2

This Act shall apply to all conventional arn$, alilnuni1i66s, Applicationcomponents and other related materials within the tbllorving categories (a) small arms and Iight weapons; (b) battle tanlcs; (c) armoured combat vehicles, (d) large-calibre artillery systems: (e) combat aircrafu; (f) attack helicopters; (g) warships; and (h) missiles and missilc !.aunchers. PARrn-rrrESrERRA T;tr,HffifsloN oN APr\4s AND

Section 3

(l) There shall continue in cxistence, ttre btrdy knovm as The liien-athe Sierra Leone National Commission on Srnall Arms as the Sierra t"onc l,eonc Comnrission on Arrns and Ammunitions. U:f#|,* . on Anns and Amrnunitions 8 No" 24 The SietaLeoneCommissiononAnnsandAmmunition Aet 2023 (2) The Cornmission shall be a body corporate having perpetual succession and capable of acquiring, holding and disposirrg of property, *hether movable or immovable, of suing and being sued in iG corporate name and, su-bject to thisAct, ofperfonning ail such acts as bodies corporate may by law perform. (3) The Cornmission shall have a seal, the use of which shall be authenticated by the sigratures of - (a) the Commissioner; (b) the Deputy Cornmissioner, or (c) any other officer of the Commission authorised, either generally or specifically, by the Conrmission in that behalf. (4) A document purporting to be an instrurnent executed or issued by or on behalf of the Commission and to be sealed with the corrrmolr seal authenticated in the manner stated in subsection (3) shall be deemed to be so executed or issueti without further proof unless the contrary is proved. (5) In appropriate cases the common seal of the Commission may be affixed to documents outside Sielra Leone. Appoinrment 1. The Commission shall have a Cotnmissioner and Deputy 9J Cornmissioner, one of whom shall be fer.ale, appoirrted by the i",i"ffi:tTtt President,from among persons with the professional and other Cornniisioner. qrralitications relevant to the functicns of the Commission, subject to the approval of'Parliament. Teuure of 5, (l) The Colnmissioner and Deputy Commissioner shall iTflH'Jil* each hotd oftice for a term of 5 years and shall be eligible fcr re- Comr,riisioner.. appoinlmenl for a further term of 5 years only. (2) The Commissioner or Deputy Commissioner may be reinoveC fiom office by the President only for inability to perform the firnctions of his office, whether arising fiom intirmity of body or miud or tirr stated misconduct. No.24 The Sierra l*one Commission on Arms and Ammunition lct 2023 9 (3) The Commissioner or Deputy Commissioner may resign his officc by written notice addressed to the Presiderrl. (4) A resignation notice submitted by the Commissicrrer or Deputy Commissioner is effective upon being received by the President or by a person authorised by the President to receive it.

Section 6 — (l) The Corunissioner shall be responsible for - Functions of

Conrmissioner . and Dcputy (a) the. day-to-day administration of tbe co*n,ii.on"r. Commission; (b) management of funds and other property of the Commission; (ci rmplementing the policies of the Advisory Cornmittee and carrying out tbe functions rrf theCommission; (d) the supervision and discipline of tire other staff of tire Commission; (c) providing safe and effective management, stcrage and security of arms stockpiles, amrnunitions and other related materials: (D regulating the transfer, manufacture, sale, possession and use of arms from, to or through Siera Leone; and (g) performing such other functions as the Advisory Committee may assipn to him. (2) Notwithstanding the generaliy of subsection ( I), the Commissioner shall be responsible for - l0 No. 24 'lhe Sierra Lcone Commission on Arms, and Ammunition Act 2023 (a) inventory management and regishation of ali stocks of arms, amrnunitions and other related materials; O) ensuring physical security measures of storag€ facilities antl stockpiles; (c) stafftraining; (d) maintaining security dumg ruiurulacture and trarisportation; (p) imposing sanctious for theft or loss of amrs, ammunitions and other related rnaterials. (3) The Minister shall, subjectto the recommerdation of the Commission, by stetutcry instrurnenr, establish effective standards and procedures for managenent, storage and security of stockpiles. (4) The Deputy Commissicner shall. subjecr to rhe trpplcl.ral ofthe Presiden! perform the fi.urctions ofthe Commissioner, wheuever the Comrnissioner is absent on leave and in the absence of thc Commissioner and Deputy Commissioner, the President may appoint a senior oflicer of rhe Coinmissiorr to perform the functious ofthe Commissioner. Rtmuneration 7. TheCommissiooerandDeputyCommissionershallbe()t (tonrmissioner entitled to such salaries, allotvances and other benefits as may be and f)eputv detemined by the President subject to the approval of Parlianrenr, Comrnissioner' but such salaries, allowances and other benefits shall not be varied to their disadvantage. other sraff 8. (i) irr addition to the Cornmissioner and Deputy of crxnmissionCommissioner, ttre Commission shall have such other technical and v odministrative staffincluding the Intenral Auditor, as may be required for the efficient perforrnance of the functions of the Commission. Nrr.24 The Sierra Leone Contmission on Arms and Ammutzilion Act 2a?3 il (2) The staffof the Cornrnission sball be appclnteri !;y the Commission, subject to such terms arld conditions as 'h'l Advisory Committee shall determine. g.PublicofficerqincludingofficersoftheSierral-eonePr>lii:e,sscondrnefii may at the insta,rce ofthe negistra'r, be seconded or ntherwise rcniier uffi' assistance tc the Registrar, in the performance of llis functions undel' this Act. t0. The Contmissioner may, subject to the,approval:l-'T #:$::T. Advisory cornrnittee, engage the services of such consullants or -'-- experts as it may consider nec'essary for the Propfl and efficient performance olthe firnctions of the Commission" 1I. ln tbe performance of its functions under this Act, the lt'Hfil* Commission shall not be subiect to the direction or cont'ol of any ission person or authontY. 12. (l) The Commission shall, for the purpose of czrrying Qt'lt l)irectorates its functions under this Ac! have such Directoratr.s as the Adviscrl ,;ti,31*'- Commirlee may, on the recomrnendation of the Cc[rmissioner, approYe. (2) A Directorate approved by the Commission under subsection (l ) shail be headed by a Director aird shall iaclude - -r D No. 24 lie sierra Leone commission on Arms arul Ammtoition Act 2a23 (a) Directorate of Technical Affairs and Programmes; (b) Directorate of,Finance: (c) Directorate of Human Resource and Administation; (d) Directorate of Cr:mmunications; (e) f)irectorate of Monitoring and Evaluation; (0 Directorate of Infoimation'Iechnologl,,; and T:^ryy1go 13. (l) The Commission rnay estabtish offices in theorsttrcl olnces administrative regions of Sierra feone and i, such district as ttre Commission. Ccrmmissionmay determine. (2) A regional or disrrict oftjce established under subsection (l), shall be provided with such officers and staffas may be necessary for the proper and effective performance of the functions of the Comnr ission. (3) A regional or distict oflice shall perform tlrc functions of the Commission in the region or district except for the issuance of liccnce. PARTIII_SIERRA LEONE COMMISSIO}J CN ARMS ANI) A MM{I{ITIONS ADVISORY COMMITTEE. Advisory Committee 14. (l) "lhe Comrnissiorr shall have an advisory cotnmiffee tr: be knolw as flrc Siena i.eone Commissior; onfums andAmmunitions Ailvisory Committee rvhich shall be rhe governing body of the Cornmission, vested s,bject to this Act, the control and supen ision ofthe Commission. (2) The Advisory ComrnirJee shall in addition to its firnctions under subsection (l), be responsible to - (.?) advise the Commission on any aspect of the mandate and functions of the Cotnmission; and No.24 The Sierra Leane Commisston on Arms and Ammunition Act 2A23 B (b) monitor and evaluate the work of the Commission. (3) The Advisory Con:nittee shall consist of a Chainnan u,ho shall be appointed b-y the President subject to the approval of Pariiarnent and the following other members - (a) a representative of the Ministry of Foreign Affairs and Intemational Co-operation, not below the rank of Director: (b) a representative of the Ministry of lnternal Affairs, not below the rank of Deputy Secretary; (c) a representative of the Ministry of Local Government, not below the rank of Deputy Secretary; (d) a representative of the Ministry of Finance, not belorv the rank of Director; (e) a representative of the Sierra Leone Armed Forces, not below the rank of Lieutenant Colonel; (D arepresentative ofthe Sierra Leone Police, not below the rank ofChiefSuperintendent; G) a representativc of the Aftorney-General's Offrce not below the rank of Principal State Counsel; G) a representative of the National Revenue Authority (Customs & Excise) not belowthe rank of PrincipalCollector; i4 No. 24 7'1rc SierraLeoneCommissionortArmsandAmmunition Act 2023 Funds of Commission (D a representative of the Offiee of National Security not below the rank of Director; 0) a representative ofthe Civil Society of Sierra Leone appointed b.v- the Coalition of Cir.il Society Movemenrs in Sierra I.eone; (k) a reprcsentative of the National Council of Paramount Chiefs appointed bl,that body; 0) a representative of the National Youth Commission appointed by that body; (m) a representative of the \[bmen's Forum of Sierra Leone appointed by that body; and (n) the Commissioner, who shall be secretaq/ to the Committee. (4) The Chairman shall hold office for a term of 5 years and slrall be eligible for reappointrnent for a furthcr term of 5 years only. PARI TV- F'INANCI,AL PROVISIONS 15. (l) The activities of the Commission shall be frnanced by funds consisting of - G) moneys appropriated from time to tirne by Parliantent for the purposes of the Commission; (b) rnoneys given to the Commission by way of gifts, endowments, bequests, granrs or other contributions by persons and organisations for the purposes of the Commission; and (c) any other moneys rvhich may, from time to time, accrue to the Comrnission. No.24 The Sieffa Leone cootmission on Arms and Ammunition Act 2023 15 (2) the fun,Js of the Commission shall be applied only for the purposes ol'the approved budget of the Commission' 16.(l).I.heCommissionslrallkeepproperbooksofaccountAcctruntsanrJ and other records in rclation to the activiti"., p,*p"tty and furances lliilr"tlrr* of the Commission iu a form approved by the Auditor-General, and shall prepare in respe'ct of each financial year of the Ccrtnmission a financial statement wtrich shall include - (a) balance sheet accoruts; (b) income and expenditure accounts; and (c) source and aPPlicbtion of funds' 8\ The accounts of the Commission kept under subsection (1) shall, trct later than 2 months after the end of each financial year, be audited by the Auditor-General or an auditor appointed by him. (3) F'or the purposes of subsection (2), the Auditor (ieneral or the au<Jitor appointed by him shall be entitled to have access to all books ofaccoun! vouchers andother financial records of the Commission and to require such information and explanatiort thereon as he uray think fit. (4) The Cornmission shall provide the Auditor-General or the audiior appoinled by him with all necessary and appropriate facilities for thl exarnination of the accounts and records of the Commission. (5) 'l"he Auditor-General or the auditor appoirted hy him shall subrnit to the Comrnission a report on the audited accounls and the financial statelnents referred to in subsectiott (l ) and shall, in his report draw attention to - 16 No. 24 The Sierra LeoneCommissiononArmsandAmmunition Act 2023 Financial year of f-ommission. (a) irregularities in the accounts; (b) matters that are likehi 1s ady.rsely aflect the operations of tlre Commission; and (c) any other matter rvhich, in his opinion, ought to be brought to the notice of the Commission. 17. l'he financial year of the Comnrission shall be the same as the financial year of the Government. 18. (l) The Commission shall, within 3 months after the end of the financial year, submit to the Minister a report on the pertbrmance of its functions during that year and on its poiicy and prograilrmes. @ The annual report shall include the accounls and annrral financial statement prepared under section l5 anrl the report ofthe audit thereon. (3) The Minister shall lay copies of rhe annual repoft before Parliament within 30 days upon receipt of the report. Annual report. (4) The Commission shall make cnpies of the rcport available to all stakehoiders once it has been laid before parliament. PART V_FUNCTIONS OF THE COMMISSION Functions. of 19. (l) The object for which the Clommission is established Lommlssron' is to regulate and supervise rhe manulbcture, trade and use .f arms, ammunitions and other related materials. 8) Without prejudice to the generality of subsection (l )" the Commission shall be responsible to- No. 24 The sierrc Leone crmmission on Arms and Ammunition Act 2023 i'i (a) lret prograrnmes ofaction to prevent, con:bal and eradicate the illicit manufacture, trade aud use cf arms in all its aspecls, (b) educate and sensitize the public and prnvide infcrrmation on tire dangers associaterl rvith the illicit malufacture, tade and lse of ar-ms. (c) ensure that obligations under the ECOWA S Convention are complied with; (d) establish and rnairitain an Arms Regisrer tbr transmission to the ECO'II/AS Secretirriat: (e) provide appropriate recommendation t,r rhe ECOWAS Secretariat on exemptions r.o be granted under the Convention; (D mobilize resources for programme activilies ofthe Commission; @') inspect arms anC ammunitions: (tt) advise the Minister on the formularion of policies and strategies as containetl in the Convention and any other relevant international conventions to which Sierra Leone is a party; and $ perfonn any other functions reiaterl to thc object of the Commission. 18 No. ?4 !"hc Sierrc Leone Commission on,4rms ant{ Antmunition -4ct 2023 I'ARI VI ,.NATIONAI., REGISTER OFARI,IS l.Jationai Rcgister of Arms. 20. (1) There shall be a Nati.rrral Register of Arms kept by the Cornmissioner who shall also be the Regislrar ofArms respcnsible for!'ecrrrding in the National RegisterofArms or sauseto be reconled and permanently kept. infonnation relating to the licence, transfer, manufaclure, sale, possession and use ofa[ns. {2) Information reiating to anns rccorded in the National R.egister ofrtnns under subsection (l) shall comprise - (a) a description of tlte type, model, calibre and quantity of each batch, lot or serial number; (b) details relatirrg to marking; (c) date of manufactwe; (d) rnrne of mauutacturer and cortact details; (e) details ofexporl licence such as date ofissue, licence number, country ofexport, pon of export, port of ilnport, cuuntry oiimport, enduser cedificate and routc oftransfer, (D names and addresscs of tbrmer and current owners and, where appiicable, successive owners; G) sale, possession and use of arms; and O) date of registration. (3) Notwithstanding subsection (2), the Registrar shall record in the National Register of Arms information relating to - No. 24 Tlw Sierra Leone commisston on Arms and,4mmunition Act 2g23 19 (a) ils issuance ofexport authorisations nr its actual exports of arms; O) arms that are transferred to its territcry as ttre final destination or that are authorised to transit. or trans-ship territory under its -iurisdiction; (c) the quantity, value, moCel or type. authorised international hansfers ot'arms, alrts actuiil ly transferred, detai!s of exporting State, import ing S tates, transit and trans-shipn:en t State and end users, as appropriate. 21. (l) The Regisrarshallregister, securelystoreand destroy Coltection *rJ (a) surplus and obsolete arrns and amnrunitions; X;sj:["jio, (b) seized arms and ammunitions; (c) unmarked arms and ammunitions; (d) illicitly held arms and anrmunitions; and (e) arms collected in the irnplenrentation of peace accords or progranunes for thc voluntary handiug in of weapons. G) '[he Minister ma1,, by statulory instniment, prescribe rulcs and procedrrres for the storage and destruction of arms and arnrnunitions under subsection ( I ). PARI' VII - LICEI.JSING OF ARMS 22. (l) A person shall not hal'e anns, amrnuritions and other posression related materials in his possession, custody or controt. ::i,i.:l;; arms prohibited. 1Ntt.2zt The Sierra Leorie Commission on Arms and Ammuntlion l.':t 2073 Application to own, control or use small arm and light wcapon. (2) Notwirhstanding subsecli';n ( I ), an authoriseC armed officet' on duty shall have at'lns, ammunitions altri other related matel'ials in his possession, custody or conffr)l in a public or FriYa-te restricted place. (3) A person who contrave:res subseclion (l), comrnils an offbnce and is liable. on cunviction, to a fine not less than 10,000.00 Leones or to irnprisonment for a term not less than 5 years or to bottl the fmc and imprisonment. 23. (l) Notwithstarding subsection (l) of section 21, a person sball own, control or rise small arm and light weapon, ils ammunitions and other related materials on a valid licence issued by the Commissioner for that purpose. q A person rvho wishes to own, control or use small arm and light weapon, its ammurrition and other related nlaterials under :rubscction (l) shall make an application, in writing, to the Commissioner tor a Iicence tbr that purpose. (3) The Commissioner nray upou receipt of an application rurder subsection (2), issue a licence to the applicaut. ifhe is satisfied that the applicant - (a) is above the age of 2l Y,'^ars; (b) has not been convicted ofa crime of violence to thc per.ton, drug trafficking or lrutrtan trafficking; G) does not have a history of tamily violence, wherher or not it resulicd in a criminal conviction; (d) is medically certified as rnentally tit; (e) is physicallv fit; (f) has a record of good behaviour duly tesiified by a person of note in his community, and in the case ofan applicant in the provinces, by the Paramount Chiefofthe Chiefdom to which the application relatcs; { No- 24 The sierra l*one commission on Arms and Ammunition Act 2023 2l (g) has been cleared, by both rhe Sierra Leone Police andtbe Office ofNational Security, as a fit and proper person to be issued a licence to possess arm; (h) intends to use ann for hunting, whether professionally, for sport or pleasure or that the applicant has a legitirnate reason to possess, carry or use arrn; (r) has undergone safety and competency training as may be prescribed by the Registrer; () has proof that the arm will be stored in a safe place and separately from its ammunition; (k) will not endanger public safety or public interest; and (l) haspaidtheprescribedfeesof250.00 l,eones perroundand 100.00 l.rones forany addition round. (4) A licence issued under subsection (3), shall - (a) be in such form as may be presc.ribed and shall specifi- (i) the conditions and resrrictions subject to which the licence is held; (ii) the nature and number or other identification marks on the arm; (iii) the quantiq'of amnrunition authorised to be held at any one time; and (iv) such other matters as may be prescribed; 2. No. 24 The Sierra Leone commission on Arms and Ammunition Act 2023 (b) unless revoked r:r cancelled, be valid for a period of 12 months from the date on which it was issued and may be renewed by the Registrar on such terms and conditir-rns as may be prescribed. (5) The particulars ol'a licence issued or renerved shall be entered in the National Arnrs Register in such form as rnay be prescribed. (O Where the Commissioner refuses an application under subsection (2), he shall notiry the applicant in writing of his decision and state the reason for the refusal. (7) A person aggrieved by the decision of the Commissioner under subsection (6) may appeal to the High Cout't whose decision shall be final. (8) A person who contravenes subsection (l). conrntits an offence and is liable, on cottviction, to a fine not less lhan l0'000 00 Leones or to imprisonment for a term not iess than 5 years or to both the fine and imprisonlnent. t. Revocation of lic*nce. 24. The Commissioner may revoke a licence issued under subsection (3) ofsection 22 if- (a) the licensee is convicted ofan offence under this Act: (b) he is satisfied that the licensee is of intemperate habits, unsound mind or is otherrvise unfit to tle Iusted with arm; (c) the licensee is convicted of a critne crf violence to the person or tmder invcstigatiol for a domestic violence related offence; and No.24 Tlrc Sierra Leone Commission on Arms and Ammunition Act 2023 B (d) the licensee has refused to make backlog payment of renewal fees. 25" Where a liccnce issued under this Act is lost or stolen, the truty to holder ofthe licence shall inform the Commissioner and reoort to rhe report lcss ncarest police station of such loss or thetl within 7 days of n. of liccnce' discovery of the ioss or ttreft. 26. The Commissioner may, after being satisfied as to the loss, Replacement destniction or misplacernent of a licence issued to an applicant un6"i of licence' subsection (3) ofsection 22, issue another licence, subject to such terms and conditions as may be prescribed in replacement thereof, upon the payment of the prescribed fee. 27. (l) A person who is in possession of an alm which - Deposit of ilm to National Arms Registry. (b) Iicence has expired, suspended or revoked; (c) has become unserviceable or that person no longer wishes to retain: (d) belongs to a convicted person; or (e) has been f<rund but the owner has not been identified shall, within such time as nlay be prescribed, deposit the arm at the Natiorral A r m s Registry or the nearest police station. (2) An arm which is deposited at the National Arms Registrl under paragraph (a) of subsection (l), shall not be transferred fi om tire National Arms Registry to another person, unless on the uritten consent of the person administering the estate of that deceased person. (a) belonged to a deceased person; -! 24 No. 24 T',he Siefta Leone commission on Arm.c and Ammwrittott Act 2023 Licencc trt transfer arnr from. to or through Sierra Leone. (3) A person who conmvenes subsection (l), conunits an oflence and is liable, on conviction, to a fine not less than 10,000.00 Leones or to imprisonment for a term not less than 5 years or to both the fine and imprisonment. PART VIIFI'RANSFLR OF ARMS FROM, TC OR THROUGH SIERRA LEONE 28. (l) A person shall not transfer arlrls ortheir manufacturing materials from, to or through Siena Leone, except on a valid licence issued by the Commissioner for that purpose. (2) A person who vrishes to transfer arms or their manufacturing materials from, to or through Siera Leone shall make an applicatior\ in writing, to the Cornmissioner ftlr a licence for that purpose. (3) The Commissioner may, upon receipt ofan application under subsection (2), issue a licence to the applicant, ifthe application (a) is accompanied by an exetnption certificate for arms transfer issued by the ECOWAS Commission: (b) specilies details ofthe arms to be transferred including details of - (, the quantity; (ii) type and kind of arms, its serial numbers and other marks; (iii) the supplier; the name, address and other contact details of all . companies, individuals, represenlatives, brokers or agents involved; No.24 T'le Sieta Leone Commission on Arms and Ammunition Act 2023 25 (iv) the supply process; the number and period of shipments, the routes, transit locations, type of transportto be used, all com- panies involved in importhrg, freight forwarding and handling, details of the storage and management of the weapons whilst being transferred; (v) the tilne period covered by the activity for which the application is made; (vi) the final end user; the name of individual, company, institution or representative responsible; (c) is accompanied by written confirmation frorn relevant national authoriry that the end user is authorised to import arms; and (d) contains details stating that the quantity of ammunitionto tre impo(ed is not more than 50 rounds. (4) A licence issued under this section shall be valid for a period of 12 months fiom the date on which it was issued, and may be renewed by the Commissioner on such tenns and conditions as may be prescribcd. (5) The particrrlars of licence issued or refused under this section shall be entered in the National Arms Register and in such form as Inay be prescribed. (5) This section shall not apply to anrx intended for use by the Govemment of Sierra Leone or which are required for any purpcrse which may be specified by order of the President' xlNo. 24 The Sierra LeoneComntissiononArms andAmmuniiion Act 2823 (A A person who contraYenes subsection (l), commits an offbnce aud is liable, on conviction, to a fine not less than 10,000.00 I.eones or to imprisonment for a term not less than 5 years or to both the fine and imprisonraent. Restriction ein issue of licence to transfer arm. 29. Notwithstandirrg subsection (3) of ser:tion 27, the Cr'rmmissioner shall not issue a licence to transfer arms or their manufacturing materials from, to or through Sierra Leone unless - (a) a written authorisation relating to the export. impor! transit, trans-shipnrent or brokering of the arms or their manutacturing materials has been obtained from all states directiy concemed with the transfer; (b) all required infomration relating to the expon, import, transit, trans-shipment or brokering of arms or theil manufacturing materiais lnve been supplied to the Cornmission; (c) the arms ortheir manufacturing malerials have been marked as required under this Act; (d) there is evidence that the a,rms or their manufachuing materials are not to be used - (i) for tlre violation of international humanitariau law or infringernent of human and peoples' rights and freedoms, or for the purpose of oppression; (ii) for the conmdssir:n of serious violations of international humanitarian law including, genocide or crimes against hurnanity and war crimes; No" 24 The Sierra Leone Comntission ort Arms and Ammunition lct 2023 ,n (uD to worsen the'intemal situation in the counry of final destinatiorg in terms of provoking or prolonging armed conflicts, or aggravating existing tensions; (iv) to carry out terrorist acts or support or encourage terrorism; (v) other than, for the legitimate defence and security needs of the beneficiary country; (vi) to facilitate the commission of violent or organised crime; (vii) to adversely affect rcgional security; endairger peace, contribute to destabilising or uncontrolled accumulations cf arms or military capabilities into a region, or otherwise contribute to regional instability; (viii) to hinder or obstruct sustainable development and unduly divert human and economic resources to armaments. of the states involved in the u'ansfbr; G) for corrupt practices at any stage, from the supplier, through any rniddlemen or brokers. to the recipient. 30. (l) Where an application to transfer arm or their p.6*r1 o1 manut'acturing rnarerials froln, to ortfuough Sierra Leone is refused, application thc Registrar shall notif, the applicant r*ing the reasons for his to transfer refusal. 28 No. 24 The SierraLeoneCommissiononArmsandAmmunition ,4ct 2023 @ Where an applicant is aggrieved by the decision of the Registrar under subsection (l), he may appeal to the High Court whose decision shall be fmal.. 31. Brokering. (l) A person, including a company incorporated in Sierra Irone, a financial agent or transportation agent shall not be engaged in the brokering of arms unless he is registered with the Commission. 8) A person, brokering colnpany or agent registered under subsection (l) shall - (a) obtain a licence foreachtransaction in which he is involved irrespective of where the arrangemenLs took place ; O) provide full disclosure or relevant imporl or export licences or associated documents, inclu<iing the names and locations of all brokering and shipping agents involved in the transaction, transit routes and points of shipments. @ A person who contravenes subsection (l), commits an oftbnce and is liable, on convictioq to a fine not less than 10,000.00 Leones or to imprisonment for a term not less than 5 years or to both the fine and imprisonrnent. l-icence to manufacture or sell arm within Siena Leone. PARTIX-MANUFACTURE AND SALE OFARMS MTHIN SIERRALEONE 32. (l) A pelson shall not manufacture or offer for sale alnrs or their mamrfhcturing materials within Sierra Leone except on a valid licence issued by the Commissioner tbr that purpose. (2) A person who wishes to manufacture or offer for sale arms or theirmanufacturing materials within Sierra Leone shall make an application, in writing, to tlre Commissioner for a licence for that purpose. No.24 The Sierra Leone Commission on Arms ond,4mmunition Act 2023 D (3) An application fora licence undersubsection (2), :;hail be issued to an applicant, if the applicant provides adequate information to the Commissioner, including the quantit), exact ty?e and kind ofanns or their manufucturing materials to be manufactured, sold or offered for sale, including evidence of the manufacfirer or dealer's commitment to adhere to the use of the marking and classification system prescribed under this Act in every arm or thcir manufacturing materials manufactured, sold or offered for sale, includiug all serial numbers and other markings. (4) A iicence to manufacture, sell or offer for sale, arms or their rrmnufacturing materials within Sierra Leone issued by the Commissioner rrnder subsection (3), shall state - (a) (i) the name and address of the licensee (ii) the place of business in respect r.rf which it is glanted and the conditions and restrictions subject to which ttie licence is to be held: (iii) the procedure tbr marking: (iv) the procedure firr entering details of each arm into the Natir:nal Arms Register; and (v) information on thc stcrage and management of the weapons after manufacture; (b) be valid for a period of 12 months from the date on which it was issued, and nray be renerved by the Cornmissioner on strch terns and conditions as may be prescribed. 3 No. 24 '[he SierraLeoneCommissiononArmsandAmmunttion Act 2023 Refusal of appiication to manufacturc. Revocation of licence. (5) The particulars ofa licence ppanted under this section shall be entered in the National Arms Register. (6) This section shall not apply to anns intended for use by the Govemmenl of Siera Leone or which are required for any purpose which may be specified by order of the Prrsident. (7) A person who contravenes subsection (l), comrnits an offence and is liable, on conviction, to a fure not less than 10.000.00 Leones or to imprisonment for a term not less than 5 years or to both the f,rne and imprisorunent. 33. (l) Where the Commissioner refuses an application to rnanufacture arms within Sierra Leone under section 3 l, he shall issue a written statement to the applicant stating the reasons firr his decision. @ Where an applicant is aggrieved by the decision of the Commissioner under subsection (l), he may appeal to the High Court whose decision shall be final. 34. The Commissioner may in his discretion revoke a manufacturer's licence granted under this Act if- (a) the licenced manufacturer is convicted ofan offence under this Act; (b) he is satisfied that the licerrsed manufacturer is of intemperate habits or un-sound mind or is otherwise unfit to be entrusted with an arm manufacturer's licence; or (c) the licenced manufacturer has been convicted of any crime of violence to the person or under investigation for any domestic violence related offences. No.24 The,sieraLeoneCommissionor,ArmsandAmnunition Aa 2A23 3l 35. A rnanufacturer shall, for identification purposes, assign a Marking unique and specific rnarking on all arms, their ammmition and sthsl of arms. materials in such marner as may be prescribed, including the following (a) "classic marking" shall consist of a legitrle unique serial number, including the manutbcturer's identrty, €ountry and year of manufacture, infonnation on the purchaser's identity" and the country of destination, expressed alphanumerically and featured in a maximurn number ofessential or important parls of the arms; (b) "security marking" which shall be applied to all weapons produced after the entry into force of this Act, for the identification of anns in the ovent that classic markings have been destroyed or falsified, made on component parts that are not easily manipulated after the arm's manufacture, and the ialsification of which would render the arrn unusable. 36. A manufacturer shall, for identilication pulposes, assign a Ir{art.uig of unique and specitic rnarkfurg on all arntnunition orexplosives, a unique anrtnunitiort lot number expressed alphanumerically, including the manufacturels idcntit-v and year of manufac;nlre, information on the purchaser's iderrtitv ancl ttre counhy of destination, featured at least orlce on the jsckct or cartridge ccntaining the powder or liquid used in the amrnunition or explosive in such rnann€r as may be prescribed. 37. A person shall not wilfully obliterate, deface, alter. obliteration ccurrterf'eit or tbrge a mark which is used for the identification of arms by the manufacturer or dealer or by which arms may be identified in accordance with a licence issued under this Act. ? No. 24 The Sierra Lcone Commission on Arms and Ammunitiott Act 2023 38. A licenced manufacturer shall keep bools and records in such roanner and containing such particulars as may be prescribed by the Regisfar and shall on demand ptoduce the same for inspection. PAITT X.IvfI SCELT-ANEOUS Regulalions. 39" (1) The Minister may by' statutory instrument. after consultation with the Commission make regulation as he considers nocessary or expedient for giving effect to this Act. Marrufacturcr to keep record. Repeal and saving. 40" (l) The SienakoneNationalConunissionon SmallArms and and Light Weapon Act, 2010 (Act No.5 of 2010) anii tlte Arms and Ammunition Act, 20 I 2 (Act No. 9 of 20 12) are hereby repealed. e\ Notwithstanding subsection (1), rules or other statutory instrurnent made under the repealed Acts, in firce imrnediately before the commencetnem of this Act, shall continue to be in fonce until revoked. No. 24 The sierra Leone commission on Arms antl ,ammunirio, Act 2o23 13 Passed in Parliament this 24rh doy of April , nthe year of our L,ord rw.o thousand and Twenty TII'ee. PARAN UMAR TARAWAI,IY, Clerk of Parliament. Tms Pnrvrso llrpnrssloN has been carefully compared by me with the Bill which has passed Parliament and found by me to be a tue and correct printed copy ofthe said Bill. PARAN UMAR TAI{AWALLY. Clerk oJ Parliament. Pnrvrgp lxo PugLtsHEo sv rHE GownNlrr:Nrr PRtrqrtNc Drpenruenr., Srpr*_t !_ roNg. ExrxtoaowtnyGnut't No. 39or lgrH JuNs, 2023.

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