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Approving the standards regulating the marking of ammunition packaging and cartridges.
The head of the Logistics Department, exercising his competence in accordance with paragraph “g” of Chapter VII, Article 1 of Decree n.761 of 2 December 2003, and according to the terms set out in paragraphs 1 and 2 of Article 23 of Law n.10.826 of 22 December 2003, and paragraphs “a” and “b” of Chapter III, Article 50 of Decree n.5.123 of 1 July 2004, in accordance with that which is stipulated by the Directorate of Controlled Products Inspection (DFPC) and agreed by the Ministry of Defense, decides as follows:
Article 1: Approves the standards regulating
the marking of ammunition packaging and cartridges.
Article 2: Establishes that the decree enter into force upon publication.
Army General Domingos Carlos de Campos
Head of the Logistics Department
DECREE REGULATING THE MARKING OF AMMUNITION PACKAGING AND CARTRIDGES
Chapter 1. Objectives
Art. 1: The objective of these standards is to regulate the marking of ammunition packaging and cartridges, as provided by paragraphs 1 and 2 of Article 23 of Law n.10.826 of 22 December, and in point III, paragraphs “a” and “b” of Decree n.5.123 of 1 July 2004, which established the regulation.
Chapter II. Commercial batches
Art. 2: It is established that commercial batches destined for sale to individual and legal entities must contain 10,000 (ten thousand) cartridges of the same type.
Chapter III. Marking
Art. 3: All ammunition traded on national territory by producers or importers must be contained in packaging marked with a bar-code system. The bar-code identifying the producer, commercial buyer, product and production batch number must be engraved (or printed) on the box (container) in which the ammunition is delivered so as to permit its unequivocal identification. Labels and additional ribbons are not considered standard.
Stand-alone paragraph: For the purposes of this article, the terms “box” or “container” include all types of packaging used for commercialised ammunition.
Ammunition cartridges (casings)
Art. 4: All ammunition traded on national territory for use in rifled barrel firearms of calibre .380, .38, .357, 9mm, .40, .45, 5.56mm, .30, 7.62mm and .50, and smooth barreled calibre 12, when destined for use by institutions mentioned in Article 6 points I and IV of Law n.10.826 of 2003, must contain an engraving on the base of the casing guaranteeing the unequivocal identification of the batch from which the ammunition originated, as well as the buyer.
Chapter IV: Ammunition transfers
Art. 5: Only ammuntion contained in packaging marked according to Article 3, and with casings marked according to Article 4, may be transferred within the national territory.
Chapter V: General and final provisions
Art. 6: Producers and importers must establish and maintain up-to-date databases permitting, at a minimum, the following information to be traced:
I – Buyer’s name;
II – Sale authorisation issued by the Army Command;
III – Product code [number];
IV – Description of the ammunition;
V – Production batch [number];
VI – Tax document (number, series, date et quantities); and
VII – Transfer authorisation (number and date)
§ 1: Producers and importers guarantee the Army Command, through its intermediary the Directorate of Controlled Products Inspection (DFPC), immediate read-only access to their databases as from 1 January 2005.
§ 2: Information for any given year contained in the databases must be kept for a period of 10 (ten) years.
§ 3: Once the ten year period has expired, the data must be definitively transferred to the Army Command and to the Federal Police Department. Data must be transferred in digital (ASCII) format, while ensuring that all necessary security precautions are taken.
§4: Producers and importers must guarantee the Federal Police Department, as from 1 January 2005, immediate read-only access to databases relevant to the institutions and organisms mentioned in the lists set out under Article 6, points II to VII of Law n.10.826 of 2003.
§5: Information resulting
from a tracing operation for seized ammunition that identify them as having
been purchased by the armed forces shall be transmitted to the Federal Police
by the Army Command.
Art. 7 : Institutions referred to in Article 144 of the Federal Constitution as authorised by the Army Command to import ammuntion must provide information concerning imports to the DFPC. The following information must be transmitted by correspondence in digital (ASCII) format once the imported ammunition has cleared customs in the national territory and prior to being delivered to its destination point:
I – International Transport Certificate number and import licence number;
II – Bar-code engraved or printed on the box containing the ammunition;
III – Code used by the producer to mark the base of the cartridge casings ;
IV – Batch and year of manufacture of the ammunition; and
V – Name of producer.
§1: Imported ammunition destined for the armed forces shall be authorised and controlled by the Ministry of Defense, in conformity with Article 53 of Decree n.5.23 of 2004. Information set out in the preceeding section of this Article must be transmitted to the DFPC.
§ 2: Documents relating to imports authorised by and undertaken on behalf of the institutions and organisms set out in the lists under Article 6, points II to VII of Law n.10.826 of 2003 must include the Inspection Certificate attesting conformity with the prerequisites set out in Articles 3 and 4 of this Decree, issued by the official certification body and previously authorised by the Army Command.
§ 3: Ammunition packaging and cartridges must be marked by the producer or exporter.
Art. 8: When authorised to import unmarked ammunition destined for testing purposes, national firearms producers must, before clearing customs, provide the DFPC with the information set out in Article 7, points I, II, IV and V. Delivery to the final destination can only be undertaken upon prior authorisation issued by the Army Command.
Stand-alone paragraph: Ammunition destined for testing purpose that are imported according to the provisions outlined in the « chapeau », may not be delivered to any other destination.
Art. 9: No ammunition may be traded, even if traded separately from the rest of the batch from which it originated, uless the batch number is marked according to the conditions set out in Articles 3 and 4 of this Decree. The tracing conditions set out in Article 6 must also be fulfilled.
Art. 10: Cases not foreseen by these standards shall be resolved by the Head of the Logistics Department.
Chapter VI: Temporary provisions
Art. 11: The marking of ammunition packaging referred to in Article 3 shall be obligatory as of 1 January 2005.
Stand-alone paragraph: The provisions set out in this Article do not apply to packaging of ammunition destined for sale to the specialised trade, nor to the entities listed under Article 6, points VII and IX of Law n.10.826 of 2003, for which marking shall be required 90 (ninety) days after publication of the results of the popular referendum foreseen in Article 35, paragraph 2 of Law n.10.826 of 2003.
Art. 12: The marking of the
base of ammunition casings as described in Article 4 of this Decree shall become
obligatory as of 1 January 2005 for .40 and .45 calibre cartridges, and as of
1 July 2005 for all other calibres.
* Text translated from Portuguese. Non-official version.
The original version of the text is available on: http://www.dfpc.eb.mil.br/arquivos/legislacao/aSINARM/Portaria016DLogde28Dez2004.doc