US embassy cable - 02ROME2772

UNCLAS ROME 002772 
 
SIPDIS 
 
STATE FOR PM/DTC CHARLES ROBERTSON 
 
E.O. 12958: N/A 
TAGS: ETTC, KOMC, IT, EXPORT CONTROLS 
SUBJECT: ITALIAN POLICIES ON THE IMPORT, POSSESSION AND 
RE-EXPORT OF U.S. MUNITIONS LIST CATEGORY 1 HARDWARE, 
PARTICULARLY FIREARMS 
 
REF: STATE 064759 
 
 1.  THE ITALIAN MINISTRY OF FOREIGN AFFAIRS' AUTHORIZATION 
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UNIT FOR ARMAMENTS (UAMA) REGULATES EXPORTS OF ARMAMENTS, 
INCLUDING AUTOMATIC FIREARMS AND ASSOCIATED MUNITIONS.  THE 
ITALIAN MINISTRY OF INTERIOR, DIRECTORATE OF ARMS AND 
EXPLOSIVES REGULATE THE EXPORT OF OTHER HANDGUNS. 
 
2.  UAMA DIRECTOR FERNANDO ZEZZA HAS PROVIDED THE EMBASSY 
WITH A COPY OF DECREE 448 OF SEPTEMBER 25, 1999, WHICH 
INCORPORATES THE MOST RECENT REGULATIONS FOR EXPORT, IMPORT 
AND TRANSIT OF ARMAMENTS, AND OF LAW 185 OF JULY 9, 1990.  AS 
THESE ARE IN ITALIAN, THE ANSWERS TO REFTEL QUESTIONS ARE 
BRIEFLY SUMMARIZED BELOW. A COPY OF THE LAW AND DECREE WILL 
BE SENT TO PM/DTC. 
 
A.  THE POLICY OF THE GOVERNMENT OF ITALY IS TO RESTRICT 
IMPORT, OWNERSHIP, RE-SALE AND RE-EXPORT OF AUTOMATIC 
FIREARMS.  PERMITS FOR AUTOMATIC WEAPON EXPORT AND RE-EXPORT 
MUST BE OBTAINED FROM THE MFA'S UAMA.  ALL OTHER PERMITS MUST 
BE OBTAINED FROM THE MINISTRY OF INTERIOR'S DIRECTORATE OF 
ARMS AND EXPLOSIVES. DECREE 448 EXPLICITLY REQUIRES THAT 
ARMAMENTS EXPORTS BE APPROVED BY THE MFA, AND THAT NO 
RE-EXPORT OF ARMAMENTS ACQUIRED FROM ANOTHER COUNTRY BE 
APPROVED WITHOUT ADVANCE APPROVAL FROM THE GOVERNMENT OF THE 
COUNTRY OF ORIGIN. 
 
THE LAW SPECIFICALLY FORBIDS EXPORTS TO COUNTRIES IN A STATE 
OF ARMED CONFLICT, TO COUNTRIES FOR WHICH THE UNITED NATIONS 
HAS DECLARED AN EMBARGO AND TO COUNTRIES WHOSE GOVERNMENTS 
ARE IN VIOLATION OF HUMAN RIGHTS CONVENTIONS. 
 
IMPORTS ARE PERMITTED ONLY WHEN CARRIED OUT BY:  (A) THE 
ITALIAN MILITARY AND POLICE AS AUTHORIZED; (B) FIRMS 
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AUTHORIZED AND REGISTERED IN THE NATIONAL REGISTRY IN ACCORD 
WITH ITALIAN LAW;  (C) FIRMS IMPORTING FOR THE PURPOSE OF 
TEMPORARY INSPECTION; (D) STATE ENTITIES, WHEN AUTHORIZED BY 
THE POLICE; (E) FOREIGN FIRMS, WHEN TEMPORARILY IMPORTING 
SAMPLES FOR DEMONSTRATION PURPOSES, AUTHORIZED BY THE 
MINISTRY OF INTERIOR WITHOUT OBJECTION FROM THE MINISTRY OF 
DEFENSE.   ALSO PERMITTED ARE (A) IMPORT BY THE GOVERNMENT OF 
ITALY TO EQUIP THE ARMED FORCES AND THE POLICE, (B) STATE TO 
STATE TRANSFERS IN ACCORD WITH INTERNATIONAL TREATY AND (C) 
TRANSIT OF MATERIAL NEEDED BY NATO ALLIES. 
 
THE MINISTRY OF DEFENSE, OFFICE OF THE SECRETARY GENERAL, 
MAINTAINS A REGISTRY OF FIRMS AND CONSORTIA AUTHORIZED TO 
DESIGN, PRODUCE, IMPORT, EXPORT, MAINTAIN OR WORK ON 
ARMAMENTS, SUBDIVIDED BY CATEGORY. THESE ARE THE ONLY PRIVATE 
ENTITIES PERMITTED TO EXPORT, IMPORT OR ENGAGE IN TRANSIT OF 
ARMAMENTS. 
 
B.  N/A. 
 
C.  EXPORT REQUESTS MUST INCLUDE A CERTIFICATION BY THE 
DESTINATION OR TRANSIT COUNTRY THAT THE RECIPIENT IS 
AUTHORIZED LEGALLY BY THAT GOVERNMENT TO PRODUCE AND SELL 
SUCH MATERIAL. THIS CERTIFICATION AND AN AUTHORIZED 
TRANSLATION MUST BE NOTARIZED IN THE COMPETENT ITALIAN 
EMBASSY OR CONSULATE. 
 
D.  THE LAW ON ARMAMENTS DOES NOT ENVISION RESALE OF FIREARMS 
WITHIN ITALY. 
SEMBLER 
 
                       UNCLASSIFIED 
 
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 2002ROME02772 - Classification: UNCLASSIFIED