Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831199494.pdf (Sierra Leone)
BILL Supplement to the Siena Leone Gazette Yol.

CLXIq No.S dated 2nd Februa4t, 2022 THE SIERRA LEONE COMMISSION ON ARMS AND AMMIJNITIONS ACT, 2923 ARRANGEMENT OF SECTIONS PARI I.

PRELIMINARY Sections.

1.

Interpretation.

2 Application.

PART FESTABUSHMENT OF THE COMMISSION 3.

4.

5.

6.

7.

8.

9. t0.

ll.

IL The Sierra Leone National Commission onArms.

Appoinhent of Commissioner and Deputy Comnissiorcr.

Tenure of Commissioner and Deputy Commissioner.


Functions of Commissioner and Deputy Commissioner.

Remuneration of Commissioner and Deputy Commissioner.

Other staff of Commission.

Consultants and exp€rts.

hdependence of Commissioo.

Directorues of Commission.

Regional and district offices of Commission.

PARTItr-SIERRA LEONE COMMSSION ON ARIVIS AND AMMUNMON ADVISORY COMMITTEE.

13.

Advisory Committee.

PARI TV _FINANCIAL PROVISIONS 14.

15.

16.

17.

Frmds of Commission.


Accounts atrd audit of Commission.

Financial year of Comdsion.

6lrnual rcPorr.

II PARI V.fUNCTIONS OF TI{E COMMISSION 18.

Functions of Commission.

PART VI -NAIIONAL RECISTER OF ARMS National Regisrer of Ams.

Collection and destruction of artrs.

19. m. PARIVII-LICENSINC OF SMALL ARMS 21.

Possession, custody or control ofarms prohibited.

22 Application to own, control or use small arrns- 23.

Revocationoflicence.

24.

Drty to repon loss of licence- 25.


Replacementoflicence.

26- Deposit ofam to National Arms Registry- PARTVIII-TRANSFER OFARMS FROlvl, TO ORTHROUGH SIERRA LEONE to transfer arm from, o or tbrough Sierra Leone.

Z7- Lic€oce 2& Rescriction on issue oflicence to transfer arm.

29.

Refisat of application to transfer a[m. 30.

Bro*ering; PARID(-MANUFACTURE AND SALE OF ARMS WITHIN SIERRA LU{E 31.

Lic€nce to manufacture or sell arm within Sierra Leone.

9.

33. v. 35.

24- 37.


Refirsal of application to manufachre.

Revocsion oflicence- Marting ofarms.

Marting of ammunitiur.

Mrnufact[rer to keep record.

38.

Regulations.

39.

Repeal and saving.

PART X-MISCELLANEOUS No.

2023 Sierra Leone A BILL ENTITLEI) TT{E SIERRA LEONE COMMISSION ON ARII,IS Shod title AND AIvIMUNTflONS ACt, 2i23.

B€ing an Act to rep€l and replace the Slerra leone National Commission on Sma[ Arms Act,2Of 0 (Ast No.
6 of 2010), to provide for the cotrtinuing ln existence of the Sierre Leone National Commission on SmallArms rs the Sierra LeoneCommission on Arrrs andAmmunitbos; to regubte aDd suprvise tte manufacturg trade and use ofarms, ammunition and other relat€d miterisk alld to provkle forother rcls ied metters.

ENec'rm by the President and Members ofParliament in this present PEliament assembled- t I Datc of com- manccmenl.

2 lla The Sierra lcone Cowtksion on Arns ondAm unitio Act 2023 Itrt rptctrtiotr.

1.
1.

In this Ac!
unless tie context otherwise r€quires- PARTI-PRELIMINARY "Advisory Committee" means the Sierra Leone Commission on Arms and Ammunitions Advisory Commifiee eshbtished under section I 3 ; 'ammunitiorrs" rnean devices destined to be shot or projected through the means offireanns including - (a) cartridges; (b) projectiles and missiles for light weapons; (c) mobile containen with missiles or pmjectiles for anti-craft or anti-tank siogle action systems; "attack helicopters" means rotary-wing aircraft designed, equipped or modi{ied to engage targets by employing guided or unguided anti-amrour, air- to-surface or air-to-air weapons that are equipped with an integrated fre control and aiming system, iacluding versions of these aircraft that perform specialised reconnaissance or electronic warfare missions; "armoured combat vehicles" means tracked, semi- tracked or wheeled self-propelled vebicles, with armoured protection and cross-couotrycapability, either - (a) designed and equipped to transport a quad of four or more infantrymen; or (b) arrned with an integral or organic weapon of at least 125 mm calibre or a missile launcier; tld The Sieftd lione Coilmi$ion on Arrns and Arnrnunitiod Act 2023 3 "arms" include conventional anns 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 tacked or wheeled self-propelled armowed fighring vehicles with high cross-country mobility and a high level ofself-protectior!
weighing at leasr 16.5 t (metric) unladen weighg with a high muzzle velocity direa firc main gun ofd leastTs mm calibrc.
"brokering" means work caried oul as an intermediary between a manufacturer, supplier or distributor of arms and a buyer or user, including the provision of imancial support atrd the t ansportation of anns; "Chairman" means the Chairman ofthe Sierra l,eone Commission on Anns and Ammunitions Advisory Committee appointed under subsection (3) of section 13; "combat aircraft" means fixed-wing or variable- geomet4/ wing aircraft designed, equipped or modified to engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons ofdestuction, including versions of such aircraft that perform specialised elecrouic warfare, suppression of air defence or reconnaissance missions excludingprimaryt-ah€r aircraft, unless designd equipped or modified; "Commission" means the Sierra [rone Commission on Arms and Ammunitions referred to in section 3 ; 4 l{o, Th.
Sierra Leone Comfiission on Afiis and Ammunition Act 2023 "Commissioner" means the Commissiouer ofthe Sierra Leone Commissioo on Arms and Ammunitions appointed under section 4; "Convcntion" mcans the ECOWAS Couvention on Small Alms and Light Weapons, their Ammunitions mdother Related Materials, done atAbuja, on 14th Jme,2006; "Deputy Commissioner" means the Deputy Commissioner of the Sierra Leone Cornmission on Arms and Ammrmitions appointed rxlder section 4; "ECOWAS" means the Economic Cortmunity of West African States comprising Heads of State and Government ofthe M€,mber States to the Convention; "export' means to - (a) take arms or ammunition, licensed or registered out of one country to another cormtry; or (b) cause arms or ammunition, licensed or registered to be taken out of I country to anotber country through any harbour, airport or other place on board a vessel or aircraft, or by any other meaDs of conveyance; "import" means to bring arms or ammunition, or cause them to be brought into Siera Leone; "large-calibre artillery system" includes guns, howitzers, artillery pieces that combine the characteristics of a gun or a howitzer.
mortars or muftiple-launch rocket systems capable of ensaging surfrce targes by delivering primarily indirect fire and having a calibre of75mm and above; l'b.
The Siena Leoae Com,nisrion on Arms and Anmuition Act 2023 5 "light weapon' includes portable arms designed !o b€ used by several persoas worting together in a team and which include heavy machine grms, portable grenade larmclers, mobile ormomtd portable ati- aircraft cannons, portable atrti-tark cannors, non- recoil $ms, portable anti-tank missile launcherso r rocket launchers, portable anti-aircraft missile launcherc and mortars wi& a calibre of less than 100 millfunetres; "man-portable air-defence systemn mems a surhce- to-air mi$ile system designed to be man-por6ble, carried and filed by a singls individual, 8s well as other surface-to-aA missile systems portable by several individuals and designed to be operated and fired by more than one individual acting as a crev/; "missile and missile Iauncher" means - (a) a guided or rmguided rockets, ballistic or cruise missiles capable of delivering a wdhead or wealnn of destruction to a range ofat least 25 km; or @) a device designed or modified specifically for launching missiles or rockets including remotely pilot€d vehicles with the missiles characteristics capable of delivering a wadlead or weapon ofdestuctiotr to a ratrge of at least 25 krrL excluding ground-to-air missiles; "marking" means inscriptions permiCiog the identilication of ams covered by this Act ei dra EcoltLl c-Ev4.i6 and Light Weapons; .. s'4ll^m 6 Nu The Sierro l,eon Carnmission oh Arns and Ammunition Act 2O23 nMinister" means the Minister of Internal AffaiN 'National Register of Arms" means the National Register ofArms referred to in section I 9; "other related materialsn means all components, parts or spare parts for anns or ammunition Decessary for its functioning or aly ch€mical substance serving as active material used as propelling or explosive agent; 'public restricted place or private restricted plac€' mealls a place prescribed as a private resficted place or public restricted place as the case may be; "re-elport" means to send previously imported anns to anotler state or teritory olher
 than that iom which they were originally imported: "RegisFar" means the Registrar ofArms referred to in sectiol 19; and "small arms" mean arms used by one person and *ttich include firearms and other destructive arms or devices such as an exploding bomb, an incendiary bomb or a gas bomb, a grenade, a rocket launcher, a missile, a missile system or landmine, revolvers and pistols with automatic loading, rifles and cabines, machine guns, assault rifles.
light machine gms; 'traasfer" includes import, export, transit, trans- shipment and transport or any other movement whatsoever of arms,ammunition and other rslated materials frorL to or through Siera Leone.

"tnnslt- means when convendonal alms rhat have been dispatched fiom their place of export by the exporting state have not yet been received by the importing state; l'to.
The Sierra Leone Commission on Ants and Ammunition Act 2023 7 "arms-in-tansit' includes arms enrcring and leaving an intermediary stale prior to entering the territory ofthe recipient stat€, altd typically takes place mder the supervision of the htermediate state's cBtoms authofity; "transhipment" means the act of trans-shipment, transfer of conventional arms from the exporting state to the importing state through other destinations, and involves a chaoge or changes in transport type during the transfer process; "wanhip' means a vessel or submarine armed and equipped for military use with a standard displacement of500 metic tons or above, and those wift a sbnd8rd displacement ofl€ss than 500 metric tons, equipped for [aunchitrg rnissiles with a mnge of at least 25 kilometes or torpedoes with similar range.
2 ThisActshall apply to all convfitional arms, armrmitions, Applicarion.

components and other related materials \yithin the following categories (a) small arms and light weapons; (b) battle tanks; (c) armoured combat vehicles; (d) large-calibre artillerysystems; (e) combat aircrafts; (f) attack helicopten; (g) warships; and ft) missiles and missile larmchers.

PART II-THE SIERRA LEOM COMMISSION ON ARMS AND AMMUMTIONS 3.
(1) There shall continue in existence, the body knowa 6 The Sicna the Sierra Leone National Comrnission on Small Arms as the Si"rra it"iiX"""r Leone Commission onArms and Ammunitions.

Commission on Aroj 8 l1o.

The Sierra lzone Comnksion on Ar,fls and Amrnrhition Act 2023 (2) The Commission shall be a bod:./ corporate having perpetual srccession and capable of acquiriag.

holding and disposing ofproperty, whether movable or immovable ofsuing and being sued in if corporate name and.

subjeci to this Act.


ofperforming all such acts as bodies corporate may by law perfcrm.

(3) The Commission shall have a seal.

the use ofwhich shall b€ authenticated by the signatures of - (a) the Commissioner: (b) the Deputy Commissioner, or (c) any other officer of the Commission authorised, either generally or specifically, by the Commission in that behaif.
(4) A docnment purporting to be an instrument exeqlted or issued by or on behalf ofthe Commission and to be sealed with the common seal authenticated in the manner stated in subsection (3) shall be deemed to be so executed cr issued without further proof unless the contrary is proved.

(5) In appropriate cases the commoo seal of the Commission may be affrxed to documents outside Siera Leone.

Appointment 4.
Appointment 4.

The Comrnission shall have a Commissioner and Deputy gf Cornnrissioner, one of *'hom shall be female, appointed by the [[fl]i'fl"'rresiaent,from among persons wili the professional and other Commiisioner.

qualifications relevant to the functions of the Commission, subject to the approval of Parliament.

Tcnut!

o!

5, (l) The Commissioner and Deputy Commissioner shall -c,"j"*]::.

':l* each hold omce for a tem of 5 years and shall be eligible for re- Ht#g'';or*.
appoinhnent for a funher term of 5 years only.

(2) The Commissioner or Depury Cornmissionet may be from ofEce by lhe President only for inability to perform the remov€d funetions ofhis office, whether arising from infinnity ofbody or mhd or for stated misconduci.

Na The Sierra Leonc Co,nrissich oi ArnLt dnd A,nmunition Act 2O23 9 (3) The Commissioner or Deputy Commissioner may resign his off,ce by wriften notice addrcssed to the President.
(4) A resignation notice submitted by the Commissioner or Deputy Commissioner is effective upon being received by the hesident or by a person authorised by the President to receive iL 6.

(l) The Commissioner shall be responsible for - Eg*iff*, (a) the day-to-day administration of the et 33iy,*.
Commission; (b) management of funds and other property of the Commission; (c) implementing the policies of the Advisory Comminee and carq,ing out the firnctions of the Commission; (d) the supervision and discipline of the other staff of the Commission; (e) providing safe and effective management, storage and secruity of arms stockpiles, ammunitions and other related materials; (!
regulating the transfer, manufactwe, sale, possession and use of arms from, to or tkough Sierra Leone; and Le) performing such other funclions as the Advisory Committee nray assign to him.
(2) Notwithstanding the generality ofsubsecrion (1), the Commissioner shall be responsible for- l0 h. The Siena lcone Commlssion on Anns and -4mmunition Act 2023 (a) invcntory management and regi*ration ofall stocks of rgls, a$mmitions ard other related malerials; (b) ensuring physical security measures of storage facilities and stockpiles; (c) stafftraining; (d) maintaining security during manufacture and transportation; (e) imposing sanctions for theft or loss of ams, ammunitions and other related materials.
(3) The Minister shall, subject to the recommerdation of the Commission, by statutory instrument, establish effective standards and procedures for management, storage and security of stockpiles.
(4) The Deputy Commissioner shall, subject to the approval ofthe hesident perform the functions ofthe Commissioner, whenever the Comm.issioner is abs€nt on leave and in the absence of the Corunissioner and Deputy Commissioner, the President may appoint a senior offic€r ofthe Commission to perform the fi:nctions ofthe Commissioner.

R€muo$atioD 7.

The commissioner and Deputy Commissioner shall be ll66a1;5s;o16.
entitled to such salaries, allowances and other benefits as may be ltld Dcputy determined by the Presidenr subject to the approval of Padiament, commissioocr' but such salades, allowances and other benefits sball not be varied to their disadvantage.

8.
8.

(l) In addition to the Commissioner and Deputy oth6 stsff of Conmissioncouunissioner, the Commission shall have such other technical and adminisrative staffincluding the Intemal Auditor, as may be required for the efficient performance ofthe frinctions ofthe Commission.

lb Ihe Sieta lzoro Cornrnission on lrms ald Ammunition Act 2V23 ll @) The satrof the Commissioo shall bc appoinled by the Comnission, subject to such terns and conditions as the Advisory Commitee shall detemrine.
(3) The Commission shall, - (a) in tbe appointnent ofstaffrmder subsection (2), appoint aminimurD of3@/oofeach gendeq (b) in relation to training, education .nd scholaBhip pmvide equal opportuDity for male and female ernployees; (c) male and female shall be granted equal pay for the same work or wort of equal value without discrimination of any kind.

9.
9.

The Commissioner may, zubject to tbe approval of 6e c63ultlots Advisory Committee, engage the services of such ionsultants or tdd c'(pc{8 experts 8s it may consider necessary for the proper and efficient performance ofthe functions ofthe Commission.

10.

In the performance of its fimctions und€r this Ac!

the tadecadcocc commlsslon strali oor be subject m dre dtr€cdon or conEol of any ?j.

"*- person or au&ority. '

r$(}'L 11.


(l)The Commission shall, for the purpose ofcarrying out Dirccto.sr.s of co(n ' rsrm ib fimctions under rhir Acg have zuch Directorates as fte Advisory .

Committee may, otr the recommendation of the Commissioner, approve.

(2) A Directorate approved by the Commission under subsection ( I ) shall be headed by a Director and shall include - t2 l,lo.
The Sierra l*one Commission on,4ras ahd Amfi{nition ,1ct 2023 (a) Directorate ofTechnicalAffairs; (b) Directorate of Programmes; (c) Directorate ofFinance; (d) Directo.ate ofAdministration; (e) Directorate of Communications: (0 Directomte ofMonitoring and Evaluation; G) Directorate of Information Technologr; and (h) Directorate of Hrunan Resources.

Regi,oDrl qld 12.
Regi,oDrl qld 12.

(l) The Commission may establisb offices in the districl offccs administrative regions of Sierra Leone and in such district as the cotumission.

Commissionmay delermine.

(2) A regional or disrict office established under subsection (l), shall be provided with such officers and stafras may be necessary for the proper and effective performance of the firnctions of the Commission.
(3) A regional or district office shall perform the fimctions ofthe Commission in the region or district except for the issuance of licence.

PART III_SIERRA I-EONE COMMISSION ON ARMS AND AMMUNITIONS ADVISORY COMMITTEE.

Advisory Comminee.

13.

(1) The Comnission shall have an advisory committe to be lnown as the Sierra l.eone Cornnission onArms and Ammunitions Advisory Committee which shall be the goveming body of the CommissioL vested subject to this Act, tle control and supervision ofthe Commission.
(2) The Advisory Committee sball in addition to its functions under subsection (l ), be responsible to - (a) advise the Commission on any aspect ofthe mandate and ftmaions of the Commission; and l$ The Sierra Leonc Cornrtissioi on Arms atd Arn nunition Act 2O23 t3 O) monitor and evaluate the work of the Commission.
(3) TbeAdvisory Committeo shall consist ofa Chairman to the aprproval of who shall be appointed by the Presid€Dt subje€t Padiacrnt and the following other members - (a) a representative ofthe Midstry of Foreign Affairs and Intemational Co-op€ration, not below the rank ofDirector; (b) a representative ofthe Minislry of Intemal Affairs, not below the rank of Deputy Secretary; (c) a representative of the Minist'y of L,ocal Govemment, not b€low Secretary; the rdnk of Deputy (d) a representative ofthe Ministry of Finance, not belo\.r the rar& ofDirector' (e) a representative ofthe Sierra teone Armed Forces, not below the rank of Lieutenant Colonel; (0 a representative ofthe Siera lrone Police, not below the raDk ofChiefSuperinterdent; G) a repr€sentative of the Attorney€eneral's Office not below the ratrk ofPrincipal State Counsel; (h) a representative of the National Revenue Autbority (Customs & Excise) not below the rank of Principal Collector; t4 Na The Sierra lzoae Comdission oh Anns ahd Anmunition Act 2023 @ a represeotative ofthe Office ofNational Security not below the rank of Dircctor; O a rcpres€ntative ofthe Civil Society of Sierra L€ooe appointed by th€ Coalition of Civil Society Movements in Sierra Leone; ft) a reprcsenptive ofthe National Council of Paramount Chiefs appointed by that My; 0) a reFres€ntative of the National Youth Conmission appointed by that body; (m) a r€prcsentative of the Women's Fomm of Sierra [,eone appointed by drat body; and (n) the Commissioner, who shall be secretary to the Committ€e.
(4) The Cbairman shall hold offic€ for a term of 5 years od shall bo eligible for reappointment for a fiirther term of5 years only, Funds of Commission.

PARI IV- FINANCIAL PROVISIOI IS 14.


(1) The activities ofthe Commission shall be financed by i.ds corsisting of - (a) monervs appropriated from time to time by Parliament for the purposes of the Commissiorq O) moneys given to the Commission by way of gifls, endowments, bequests, grants or other contributions by persons and organisations for the purposes of the Commission; and (c) any other moneys which may, &om time to time, accrue to the Commission.

l'lo.
l'lo.

lhz Sierra Leoae Cofimission ol Atus dnd Arntnunition Act 2O23 l5 (2) The fimds of the Commission shall be applied only for the purposes of the approved budget of the Commission.

15.

(l) The Commission shall keep proper books ofaccormt Ac.outrts and and other records in relation to the activities.
DroD€rw and finances rydit o.f ofthe cornmission in a form approved by the Auditor-General, and shall prepare in respect ofeach inancial year ofthe Commission a einancial statement which shatt irrclude - .

uommo.
uommo.

'o"' I (a) balance sheet ac{ounts; (b) income and expenditure accounts; and (c) source and application of fimds (2) The accounts of the Commission kept under subsection (1) shall, not later than 2 months after the end of each financial year, be audited by the Auditor-General or an auditor appointed by him.
(3) For the pwposes of subsection (2), the Auditor General or the auditor appointed by him shall be entitled to have to all books ofaccormt, vouchem and other financial records acc€ss ofthe Commission and to require such information and explanation thereon as he may thlok fit.
(4) The Commission shall provide the Auditor4eneral or the auditor appointed by him with all necessary and appmpriat€ facilities for the examination of the accounts and records of the Corunission- (5) The Auditor-General or the auditor appoiated by him shall submit to the Commission a report on the audited accounts and lhe financial statements referred to in subsection (l ) and shall, in bis r€port draw afefltion to - I1o.
TIe Sierra Leone CoDllis.rion on Anns and Ammunition Act 2O23 (a) irregularitics in the accounts; (b) matters that are likely to adversely affect the operations ofthe Commission: and (c) any other matter which in his opirdon, ought to be brought to the notice of the Commission.

Financial year of CoEfirission.

Anourl repon.

16.

The financial year ofthe Commission shall be the same as the financial year ofthe Govemment.

17.
17.

(l) The Commission shall, within 3 monlhs after the end of the financial yeal submit to the Minister a report on the performarce ofits functions during ihat year and on its policy and PrograDmes.

(2) The annual report shall include the accounts and annual financial statement prepared uader section 15 and the r€port ofthe audit thereon.

(3) The Minister shall lay copies of the annual report before Parliament within 30 days upon receipt ofthe report.
(4) The Commission shall make copies of the report available to all stakeholders oace it has been laid before Parliament.

PART V_FLTNCTIONS OF THE COMMISSION Functions of Commission.

18.

(l) The object for rvhich the Commission is established is to regulate and supervise the manufacture, trade and use ofarms, ammunitions and other related materials.
@) Without prej udice to the generality of subsecrion (l ), the Commission shall be responsible to- llo The Siena Leone Commission on AnLt and Amnunitioa Act 2t23 t7 (a) set programes of action to preveot combat the illicit manuhchre, trade anl and €radicate us€ of arms in all its aspects; O) educate and sensitize the public and provide information on the dangen associated with thd illicir manufacture, trade and use of arms; (c) ensure that obligations under the ECOWAS Convention are complied with; (d) establish and maintain an Arms Register for kansmission to the ECOTrAS Secretariac (e) provide appropriate recorrmendation to the ECOWAS Secretariat on exemptions to be granted rmder the Convemion; (f) mobilize resornces for pmgranrme activities ofthe Commission; (g) inspect arms and ammunitions; (h) advise the Minister on the formulation of policies and strategies as contained in the Convention and any other relevant intemational conventions to which Sierra Leone is a party; and @ perform any other frmctions related to the object of lhe Commission- l8 l{o, Thc Sierra Leore Commisiion on Arrns and Amnunition Act 2O23 PART VI - NAIIONAL REGISTER OF ARMS Netion.l Rcgist€r of Arms.
19.
(l) Tbere shall be a National Register of Arms kept by theCommissionerwho shall also be the RegisUar ofArms resporuible for recardilg in the National Register ofArms or cause to be recorded and perman€ntly kept, information retating to the licence, transfer, manufacturc, sale, possession and use of arms- (2) Information relating to anns recorded in the National Register ofArms under subsection (l) shall comprise - (a) a description ofthe type, model, calibre and quatrtity ofeach batch, lot or serial number; O) derails relating to marking; (c) date of manufachre; (d) name ofma.oufactuf,er and contact details; (e) details ofexport licence such as date ofissue, licence number, country ofexport, port of export, port of import, country ofimporq en& user certificate and route of transfer; ($ names and addresses of former and current owners an4 where applicable, successive owners; G) sale.
possession and use of arms; and (h) date of regisftation.
(3) Notwithstanding subsectioD (2), the Registar shall record in the National Register ofArms information relating to - lb lhe Sierro Leor12 Cornmksion on Anns and Amfiunition Act 2023 l9 (a) its issuance of export autlorisations or ils actual exports ofarms; O) arms that are transferred to its terr'ltory as dre final destination or that are authorised to transit or trans-ship territory under its jurisdiction; (c) the quartity, value, model or Epe, auhorised intemational traDsf€rs ofarrns, arms actually ransferred, details of exporting Stat€, importing States, transit and trans-shipment State and end users, as appropriate.
20.

(1) The Registrar shatl r isler, secutty store and destroy coll.ction a0d (a) surplus and obsolete anns and ammunitio*' litHl1'"" @) seized arms and arnmrmitioDs; (c) unmarked arms and ammrmitions; (d) illicitly held arms and ammmitions; and (e) ams collec*ed inthe implementaion of peace accords or programmes for th€ vohmtary handing in of weapons.
e) The Minister may, by statrtory instrument, prescribe rules and procedures for the storage and destruction of arms and ammrmitions under subsection ( I ).

PART VII - LICENSING OF ARMS related materials in his possession, custody or control.

21.

(1) A person shatl Dot ha\te ams, armuoitions and otber possession cBtody ot cortrol of alms pohibitld. '

n llo.
n llo.

The Sierra Lcow Cotumission ohAn ts and Ammunition Act 2023 (2) Notwithstanding subs€ction (l), an authorised armed offcer on duty shall have arms, ammunitions and other related malErials in his possession, custody or control in a public or private resEicted place.

(3) A penon who contravenes subsection (l), corunits an offence and is liable, on convictioq to a 6ne not less than I 0,000.00 Lcones or to imprisonment for a term not less than 5 yeals or to both the fine and imprisorunent.
Appli.erion lo o\rn, control or uac Etrrll drn 8nd litht $e{pon.

22.

(l) Notwithstanding subsection (l) ofsection 21, aperson dtall owr\ control or use small arm and light weaporq ia ammunitions and other related materials on a valid licence issued by the Commissioner for that purpos€.
@) A person who wishes to own, control or use small ann and light weapon, its mmeunition and other related materials under subsection (l) shall make an application, in writing, to the Commissioner for a licence for that pupose.
(3) The Commissioner may upon receip of an application to the applicant, ifhe is sarisfed under subsection (2), issue a licenc€ Omt the applicant - (a) o) (c) (o (e) (D is above the age of2l yean; has not been conyicted of a crime ofviolence to the person, drug trafiicking or human trafiicking; does not have a history of famity violence, whetber or not it resulted in a criminal conviction; is medical$ certified as mentally fit; is physically fit; has a record ofgood behayiour duly testified by a p€rson ofnote in his commuoity, and in the case of ao applicant in the provinc€s, by the Paramount Chiefofthe Chiefdom to whici the application relates; l.lo.
The Sierro Leone Commi\sion on Amt and A munitiorr Act 2023 2t G) has been cteared, by both the Sierra Leone Police and the Office ofNational Secrnity, as a fit and proper person to be issued a licence to possess dm; (h) int€nds to use arm for hunting, whether professionally, for sport or pleasure or that the applicant has a legitimate reason to possess!
carDr or u.se 8nn; @ has undergone safety and competency training as may be prescribed by the Registrar; () has proof that the arm will be stored in a safe place md separately from its anmrmition; (k) will not eodanger public safety or public interest; and Q has paid the prcscribed fees of250.00 lmnes.
per roundand 100.00 Leones foany additbn round, (4) A licence issued under subsection (3), shall - (a) be in such form as may be prescriH and shalt speciry- @ the conditions and restrictions subject to which the licence is held; G, the nature and number or other identificatiotr malks on the arm; CO the quantity ofarnmunitioo author[sed to be held at any one time; and (iv) such oth€r matters as may be prescribed; 2.
No, The Sierm Leone Cornmksion on Anni and Arfinuhition Act 2O23 (b) unless revoked or cancelle4 be valid for a period of 12 months &om the date on r4rich it was issued and may be renerved by the Registrar on such terms and conditions as may be prescn'bed (5) The particulars ofa licence issued or renewed shall be entered in t}e National Arrns Regiser in such form as may be prescribed.
(Q Where the Commissionerrefirses an application under subsectioo (2), he sball notifu the applicart in writing ofhis decision and state the reason for the refirsal.

(7) A person aggrieved by the decision of the Commissioner under subsection (6) may appeal to dle High Court whose decision shaU be final.
(8) A persol wbo contrayenes subsection (l), commits an offence and is liable, on convictioq to a fine not [ess than I 0,000.00 Leones or to imprisonment for a term not less than 5 years or to both the fine and imprisonment.

Revocaion oflicence.

23.
Tlre Comrrlssloner may revoke a llcence lssued under subsection (3) ofsectionzz if - (a) the licensee is convicted ofan offence tmder this Act; (b) he is satisfied that the licensee is of intemperate habils, unsound mind or is otherivise unfit to be trusted with arra; (c) the licensee is convicted of a crime of violence to the person or under investigation for a domestic violence related offence; and l'lo- The Sierru korg Cohmitsion oa A'zlg ahd A utition Act 2023 23 (d) the licensee has refired to make backlog payment ofrenewal Ges.
Z.

\['here a licence issued under this Act is lost or stolen, the Duty to holder ofthe licence shall inform the Commissioner and reDort to tlhe r.pott loss nearest police slation of such loss or theft within 7 days of the of lic€nce' discovery of the loss or theft.

25.
25.

The Commissioner may; after being satisfied as to the loss, R-.placlment destmctiol or misplacement of a licence issued to an applicant under or tr*""' subsection (3) of section 22, issue another licence, subject to such tem$ and conditions as may be prescribed h replac€ment thereof, upon the payment of the prescribed lte.

Drposit oi aam to National Arms R.gislry 26.


(l) A person who is in possession ofan alm which - (a) belonged to a deceased person; @) licence has expired suspended or revoked; (c) has become unserviceable or that person tro lcnger wishes to retain: (d) belongs to a convicted person; or (e) has been rbund but the owner has not been identified shall, within such time as may be prescribed, deposit the arm at th€ National Arms Registry or the nearest police stafion.
(2) An arn which is deposited at the National Arms Registry urder paragraph (a) of subsection (l), shall not be ransferred fiom lhe National Arms Registy to another persoq unless on the writen cons€nt of the person administering the estate ofthat deceased person.
2A No, The Sierra Leone Commksion on Ar i and Ammunition Acl 2023 (3) A person who contravenes subsection (l), cornmits an offence sd is liable, on convictioq to a fne not less than 10,000.00 Leones or to imprisonment for a term not less than 5 years or to hoth thc fine and imprisorunent.

PARTVIFTRANSFEROFARMS FROM, TO OR THROUGH SIERRA LEONE ,.
Licenc€to (l) A person drall not transfer arms or their manufacturing fiansfer amt materials from, to or through Sierra kone, except on a valid licence from, to or issued by the Commissioner for that purpose.

through S i e r r a (2) A person wbo wishes to transfer arms or their Leone.

manufacturiog materials fiom, to or through Siena Lcone shall make an application, in writing, to the Commissioner for a licence for that PurPose.
(3) The Commissioner may, upon r€ceipt ofan application rmder zubsection (2), issue a licence to the applicant, ifthe application (a) is accompanied by an exemption certificate for arms transfer issued by the ECOWAS Commission; @) specifies details oftbe arms to be transferred including details of- the quantity; (i) (i, B?e and kind of arms, its serial numbers and other marlcs; 0D the supplier; the name, address and other contact details of all companies, individuals, representatives, brokers or agents involved; Nu ne Sierra laone Comnission on Ams and lmmwitiott Act 2023 25 (lv) the supply proccss; dre number and period of shipmens, the routes, transit locatioDs, type of ransport to be used, a.ll com- panies involved in importing, Aeight forwarding and bandting details ofthe storage and management of the weapons whilst being taosferred; (v) the time period covered by the activity for which the application is made; (yi) the F,nal end user; the mme of individual, company, institution or representative responsible; (c) is accompanied by writen confirmation from rel€vant national authority that the end user is authorised to import arms; and (d) contains details stating that the quantity of ammunition to be imported is Dot mor€ than 50 rounds.
(4) A licence issued under this section shall be valid for a period of I 2 months from tte date on which it was issued, and may be renewed by the Commissioner on such terms and conditions as may be prescribed.

(5) The particulars oflicence issued or refixed rmder this section shall b€ entered il the National Arms Register and in such form as may be prescribed.
(Q This section shall not apply to arms intended for use by the Govemment of Sierra Leone or which are required for any purpose w'hich may be specifled by order ofthe hesident.

% l{o.

The Sierra Leone Conmission onArms o.nd Ammunition Aet 2023 (7) A penon \l'ho contavenes subsection (l), commits an offence ard is liablg on conviction, to a fine not less than 10,000.00 Leones or to imprisonment for a term not lels than 5 yei,rs or to both the fine and imprisonment.
Restriction on issue of liccnce lo trStsfer arm.

28.
Notwithstanding subsection (3) of section 27, the Commissioner shall not r'ssue a licence to tsansfer arms or their manufacturitrg materials from, to or through Siera Leone uoless - (a) a r+ritten authorisation relating to the expo4 import, transit, trans-shipment or brokering of the arms or their manufactuing materials has been obtained tom all states directly concemed with the t'ansfer; @) all required information relating to the expo4 import, transit, trns-shipm'ent or brokering of arms or their manufactoring materials haye been supplied to the Commissiont (c) the arms or their manufacturing materials have been marked as required under this Act; (d) there is evidence that the arms or their manufacturing materials are not to be used - Q for the violation of international humanitarian law or infringement of human and peoples' rights and freedoms, or for the purpose of oppression; (D for the commission ofserious violations of international humanitarian law including, genocide or crimes against humanity md rvar crimes; l'{o T'he Sierra lcone Cofi istion on ArDts and Amn unition Act 20'2.3 z7 (O to worsen the intemal situation in lhe comtry of fual destinatioo, in terrm of provoking or prolonging armed conflicts, or aggravating existing tensions; (iv) to cary out teEorist acb or support or encourage terrorism; (v) other thal for the legitimate defenco and security needs of the beneficiry counry; (vi) !o facilitate the commission of violent or organised crime; (vii) to adversely affect r€gional security; endanger peace, contribute to destabilising or uncontrolled acc- umulations of arms or military capabilities into a regioru or otherwise contn:butc to regional instability; (viii) to hinder or obstruct sustainable development and unduly divert hrman and economic rcsorllces to amaments, ofthe states involved in the transfer; G) for compt practices at any stage, &om the supplio, through ay middlemen or brokem, to the recipi€nt.
29.

(1) Where an application to transfer arm or their Refgsd of manufifining materials from, to or tbrough Sierra L*one is refrrse( ilt'#S$ th€ n?gictrar !h.U noti$ the eppliceat stating the rersmc for tis --.

reftsal.

B ll'o, The Sierra Leoae Commissioh on Arrns and Amtunition Act 2O23 (2) Wlere an applicant is aggrieved by the decision of the Registrar under subsection (l), he may appeal to the High Court whose decision shall be final- Bmkering.

30.
30.

(l) A persoq including a company incorporated in Sierra l,eong a financial agent or raosportation agent shall not be engaged in the brokering of arms unless he is registered with the Commission.

@) A persolU brokering company or ageot registered rmder subsection (l) shall - (a) obtain a licence for each transaction in which he is involved irespective of where the arangements took place; .
(b) provide ftll disclosure or relevaot import or export licerces or associated documenls, includhg the names and locations of all brokeriag and shipping agents involved in the transaction, transit routes and points of shipments.

@) A person who conhaveoes subsectiori (1), commits an offence and is liable, oa conviction, to a ftrc not less than 10,000.00 L€ones or to imprisonment for a term not less than 5 years or to both the fine aad imprisonment.
PARI X_MANUFACTURE AND SALE OFARMS WTII{IN SIERRALEONE 31.

(l) A person shall not manufachue or offer for sale arms or their manufacturing materials within Sierra lrone except on a valid licence issued by the Cornmissioner for that purpose.

(2) A person who wishes to manufactue or offer for sale arms or theh manufactrning materials within Siera Leone shall make tur d lisEues Arr thot ur ltppltEadou, lfl }Ylldrr& .u thE corrruli.it,ar purpose.

Licenca to [latrufacture or srll arm ei&i6 Sie'ra Laore.
llg The Sierra l,eone Commission on Artw a d Artununitio4 Act 2023 D (3) An application for a licence under srbsection (2), sha[ be issued to an applicant, if the applicant provides adequate infonnation to the Commissioner, including the quantiry, exac.t qpe and kiod ofarms or their manufacturing materials to be manufacturc4 sold or offered for sale, including evidence of the manufacturer or deale/s commitment to adhere to the use of the marking and classification systern prescribed under tbis Act in every arm or their manufacturing materials manufachred, sold or offered for sale, including all serial numbers and other markings.
(4) A licence to manufactur€, sell or offer for sale, ams or their manufacturing materials within Sierra Leone issued by the Commissioner under subsection (3), shall - (a) stale - @ the name and address ofthe licensee; (O the place of business in respect of which it is grated and the conditions and restrictions subje.ct to which the licence is to be he$ (iii) the procedure for marking; (iv) the procedure for eot€ring details of each arm into the National Arms Register; and (v) information on the storage ard management of the weapons after manufacture; @) be valid for a period of 12 months from the date on which it was issued and may be renewed by the Commissioner on such terms and conditions as may be prescribed.
n Nu The Sierra l-eonz Cootmission oh lthts a dAmft n$inn Act 2023 (5) The paniculars ofa licence granted under this section shall be €ntered in the National Anns Register.

(6) This section shall not apply to arms intended for use by the Govemment of Sierra L€one or which are required for any purpose whieh may be specified by order ofthe Pr€sident.
(7) A penon who contmvenes zubsection (l), comnits an ofience and is liable, on conviction, to a 6ne not less than lq00O.0O l.€ones or to imprisonment for a term not less tban 5 years or to both the ftie and imprisonment.

Refusrl of rpplic.lioo to manufacture.

12 Q) Where the Commissioner refuses an applicatioo to manufrcare alms witlin Sierra Leone under sectiofl 3 I , h€ shall issue a written statement to the applicant stating the reasons for his decision.
@) Where an applicant is aggrieved by the decision of the Commissioner under subsection (l), he may appeal to rhe High Cotlrt whose decision shall be final.

Revocation of licctrcc.

33.
33.

The Commissioner may in his discretion revoke a manuhcture/s licence granted under this Act iG (a) the licenced manufacturer is convicted ofan ofienc€ under this Act; @) he is satisfied that the licensed manufacarer is ofintemperate habits or unsound mind or is otherwise unfit to be entrusled with an arm manufacture/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.
l.{o, The Sierra Leone Commission on Arns and Amhunirion Act 2O23 3l 34.

A manufacturer shall, for identi-fication purposes, assign a Marking unique and specific marking on all alDs, their ammunition and other ogrr*.
materials in such manner as may be pr€scriH, including tlte following (a) "classic marking" shall consist ofa legible unique serial number, including the manufacturey's identity, country and year of manufachfe, inforrnation on the purchase/s identity and the comtry of destinarion, expressed alphanumerically and featured in a maximurn number ofess€ntial or important parts ofthe arms; (b) "security marking" which shall be appledto all weapons produced after the eDtry into force of this Act, for the identification of arllls in the event that classic markings bave been d€stroyed or falsified, made on component parts that are not essily manipulated afrer tle arm's manufacture, and the falsification of which would render the arm unusable.
35.

A manufacturer shall, for identifcation purposes, assign a Msr&ing of unique and specific marking on all ammtmitioo or exptosiveg a urilue ammuoition' lot numb€r express€d alphanumerically.

including the manufrcturet's identity and year of manufacturg infonnation on the purchaseds identity and the country ofdestination, featured at least once on &e jacket or cartridge containing the powder or liquid used in the ammunition or explosive in such manner as may be prescnhd.

36.
36.

A person shall not wilfully obliterate, deface, alter, oblit.rtlion- munterfeit or forge a mark which is used for the identification of arrns by the nanu&cturer or dealer or by which anns may be identifed in accordance with a licence issued under this Act.

l{o, The Sierra Leone Co mission on Arms aad Ammunition Act 2023 Mtnufacluret to kccp rccord.

37.
37.

A licenced manufacturer sball keep books and records in such manner and containing such particulars as may be prescribed by the Registrar and shall on demand produce the sarne for inspection.

PART X-MSCELi-ANEOUS Retulslions.

3E.

(l) The Minister may by statutory instrument, after consultation wi$ the Commission make regulation as he considers ne{€ssary or expedient for giving effect to this Act.

Repeal aod saYing.

39.


(l) The Sierral-eoneNational Commission on SmaltAms and and Light Weapon Act, 201 0 (Act No.6 of 20 l0) and the Arrns and AmmunitionAct, 2012 (Act No.

9 of20l2) are hereby repealed (2) Notwitbstanding subsection (1), rules or other statutory i.ostrument made under the repealed Acts, in force immediately beforc the commencement ofthis Act, shall cortinue to be in force until revoked.
l{o The Siena Leone Coitfiission or, Atns and Ar4munition Aet 2W3 33 }IEI}iOR4NDL,}T OB'ECTSAND REASONS The purpose ofthis Bill is to provide for the continue in existence of tte Sierra Leone National Commission on Small Arms as tlle Sierra Leone Commissioo on Arms ed Ammunitions; to regulale and sup€rvise trad€ and use of arms, ammunitioo and other related materials aod to provide for oth€r maffers, the manufactu€, r€lated The bill is divided into I 0 parts - Psrt I - makes provision for the interpretation and defiirition of words used throughout the bill and application ofthe bill.
Part II - provides for the continue in existence of tlre Sierra l,eone National Commission on Small Arms as the Siera Leone Commission on A.rms and Ammunitions including the appointment of the Commissioner and Deputy Commissioner, fimctions and remuneration of the Commissioner and Deputy Commissioner and employment of such other slaff as may be required for the efficient performance ofthe functions ofthe Commission.

Part III - stipulates that the Advisory Committee shall be entrusteq subject to this Ac!
the control and supervision ofthe Commission.

Prrt IV- Financial Provisions deals with the fimds, accounts and audit, financial year and Annual report ofthe Commission.

P*rt V - proyides that the object for which the Commission is established is to regulate and supervise the manufacture, trade and use of arms, amnrmition and other related materials.

Part VI- provides for the establishment ofthe National Register ofArms, oudines rf,c tmerioio of tLc tlcgi.rrs 6d tir.
prcocdre for rho ollootion md dosttuotion ofarms.

v Na The Sierta Leone Commission on Ams and Ammunition ,4ct 2O23 Prrt yI - Fohibits the use of arms, ammunition and other r€lated materials in Sierra Leone, unless on a valid licence issued by the Commissioner for that purpose.
Ptrt VII- proyides for the licensing of arms and light weapons Prrt Vm- restrict the transfer of arms or their maaufacturing materials from, to or though Sierra Leone, except on a valid licence issued by the Commissioner for tlnt purpose.

Pert IX - forbids the sale of arms or their manufactring materials within Siera Leone except on a valid licence issued by the Commissioner for that purpose.
Pert X - Miscellaneous provisions contain repeal and savings and vests ttre power to make Regulations on the Minister.

MADE this 17th dcy of Joruary,2023 DAVID PANDA.NOAH Minister of Internal Afairs FRE'IoWN Srnne txoxr.

PTDIIED ^ND PrrBusHED By rrc GoyEixri.

@.r PRnaroto Dprexnoo, Sts*xe LrpNe.

Gaazz No-5 oF 2ND FEBRUAT!

2023.