SUBJECT: Combating Illicit Trafficking in Arms--GUIDANCE

UNCLAS STATE 001119 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PARM MASS EAIR ETTC PREL OAS PE SUBJECT: SUBJECT: Combating Illicit Trafficking in Arms--GUIDANCE ON E-TRACE DISCUSSIONS WITH HOST GOVERNMENTS SUBJECT: Combating Illicit Trafficking in Arms - Joint Initiative--GUIDANCE ON E-TRACE DISCUSSIONS WITH HOST GOVERNMENTS ¶1. (SBU) This is an action request. Please see paragraphs 5. ¶2. (SBU) The United States would like to follow-up the efforts of the Organization of American States (OAS) and the Presidents recent call to ratify the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (the CIFTA convention) by offering interested OAS Member States participation in the ATF eTrace program. To encourage participation and develop momentum for this action, we would like to begin offering eTrace to all member States not yet participating and look to an event (or use the margins of an already scheduled event) to sign the Memorandum of Understanding (MOU) with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). After signing MOUs with the United States, the U.S. would conduct a day of orientation and training on eTrace for authorized users. Currently, all seven countries of SICA and all CARICOM nations except Haiti have signed the eTrace MOU. The U.S. is looking for the remaining OAS Member States to participate. ¶3. (SBU) ATF maintains the e-Trace online system to trace weapons used in or associated with crimes. This system is a paperless firearm trace submission system and trace analysis computer module readily accessible via the World Wide Web (Internet). This internet application provides the necessary utilities for submitting, retrieving, storing and querying firearms trace-related information relative to particular jurisdictions, thereby allowing for the systematic tracing of firearms that may have been recovered from crime scenes. Analysis of firearms trace data can assist in the identification of firearms trafficking patterns and geographic profiling for criminal hot spots and possible sources of illicit firearms. ¶4. (SBU) E-Trace is being utilized by international partners after signing MOUs with the United States. These memoranda grant partners access to the e-Trace system, set for the legal parameters for usage of the system, and authorize ATF to provide technical assistance to governments on the operation and use of the e-Trace system. It should be noted that the MOU is NOT an international agreement in the legal sense; rather it serves as a users guide to remind participants of the sensitive nature of the firearms trace data submitted and provided. ¶5. (SBU) Action request for all addressees: Department requests Posts contact appropriate senior law enforcement authorities to reiterate our offer of participation in eTrace in order to identify traffickers and trafficking routes in the region. Participation in the program requires each country sign a bilateral MOU with ATF in order to identify authorized users of the system only authorized users will be granted authorization to utilize the system and receive operational technical support. Post is requested to formally share the draft MOU text below and seek an agreement. The English version is followed by the Portuguese and Spanish versions. Post may draw on the background information in paragraphs 2, 3 and ¶4. End action request. ¶6. (U) Begin Draft MOU Section I. Purpose and Authority This memorandum of Understanding (MOU) sets forth the conditions and understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Foreign Law Enforcement Agency (hereinafter the Participants),with the intent to establish a partnership with regard to policy and procedures relative to the access and utilization of eTrace services that is made available to law enforcement agencies by ATF. Section II. Background The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement agency within the United States Department of Justice, dedicated to preventing terrorism, reducing violent crime and protecting the nation. In its efforts to enhance homeland security in the United States, ATF works collaboratively and in partnership with foreign governments and law enforcement agencies in order to assist friendly nations and allies in the fight against international criminal organizations whose criminal enterprise poses a threat to the citizenry and global peace. To combat this threat, ATF uses its unique capabilities, which includes eTrace. This system is a paperless firearm trace submission system and trace analysis computer module that is readily accessible through a connection to the World Wide Web (Internet). This internet application provides the necessary utilities for submitting, retrieving, storing and querying firearms trace related information relative to particular jurisdictions, thereby allowing for the systematic tracing of firearms that may have been recovered from crime scenes. Analysis of firearms trace data can assist in the identification of firearms trafficking patterns and geographic profiling for criminal hot spots and possible sources of illicit firearms. Law Enforcement agencies that make a commitment to comprehensive and systematic crime gun tracing will be able to effectively use the eTrace firearms trace information platform for developing the best investigative strategies for the reduction of firearms-related crime and violence. Section III. Scope This MOU addresses access to and utilization of eTrace, including the designations of primary and alternate points of contact (POCs) for the Participants to this MOU. The Participants points of contact are expected to follow the procedures set forth in this MOU. The Foreign Law Enforcement Agencys point of contact is to identify individuals within Foreign Law Enforcement Agency who require eTrace system access, periodically validate the list of users, and notify ATFs National Tracing Center (NTC) immediately in the event that it becomes necessary to revoke or suspend a users account. Section IV. Interagency Communications Unless otherwise specified elsewhere in this MOU, the Foreign Law Enforcement Agency and ATF intend to have a principal point of contact within each organization coordinate all communications and matters relating to this MOU. The designated points of contact (POCs) are as follows: ATF: Chief, National Tracing Center Address: 244 Needy Road Martinsburg, WV 25401 (800) 788-7133 Designated ATF Contact Alternate ATF Contact Name: Title: Phone #: Host Government Entity: Foreign Law Enforcement Agency Address: Designated Host Government Contact Name Alternate Designated Host Government Contact Name Name: Title: Phone #: Section V. Procedures ¶A. Foreign Law Enforcement Agency is to: ¶1. Appoint a primary and alternate point of contact within the agency. The above appointed individuals are to be responsible for providing and maintaining a list of all personnel within their agency that will require access to eTrace. ¶2. Complete Attachment A (Agency Approved eTrace Users) of this MOU. No individual is to be given access to eTrace without being listed on Attachment A as an agency approved user. ¶3. Immediately notify the ATF National Tracing Center (NTC) in the event that an individuals eTrace account needs to be suspended or revoked. Such suspension or revocation might be necessary for any number of reasons, to include (but not be limited to): employee transfer, retirement, or release from employment. Initial notification for account revocation can be made by contacting the eTrace Customer Support Group at telephone number (304) 260-1540 ¶4. Refer any technical questions relating to the use, operation, or resolution of technical difficulties involving eTrace to the NTCs eTrace Customer Support Group at telephone number (304) 260-1540. ¶5. Mail the original completed and signed MOU and pertinent attachments to the ATF National Tracing Center at the following address: Bureau of Alcohol, Tobacco, Firearms and Explosives National Tracing Center Division 244 Needy Road Martinsburg, WV 25401 Attn: eTrace Customer Service Group ¶B. The Bureau of Alcohol, Tobacco, Firearms and Explosives, National Tracing Center, is to: ¶1. Upon receipt of this signed MOU, initiate communication with the designated POC for the Foreign Law Enforcement Agency and provide detailed instructions on the process of requesting and receiving an eTrace user account. ¶2. Review all applications for eTrace access in a timely manner and facilitate the provisioning of accounts to include relative user identifiers and passwords. Once accounts are activated, a representative from the NTC is to contact each individual user and provide them with their account information. ¶3. Upon receipt of a request for account revocation, immediately deactivate the pertinent user account. ¶4. Provide the Foreign Law Enforcement Agencys and ATFs designated POC with an annual (or upon request) listing of agency approved eTrace users for review and auditing purposes. Section VI. Conditions Both ATF and the Foreign Law Enforcement Agency acknowledge their understanding that the eTrace application is intended FOR OFFICIAL LAW ENFORCEMENT USE ONLY and may not be used for any purpose other than a law enforcement investigation or prosecution. The Participants acknowledge that the eTrace application may only be accessed and utilized from an official duty station and/or alternate task force location. An exception may apply under isolated and stringent circumstances, when eTrace can be accessed from an alternate location, specifically in furtherance of law enforcement activities. The Participants acknowledge that premature disclosure of certain firearms trace information can reasonably be expected to interfere with pending or prospective law enforcement proceedings. This law enforcement sensitive information includes data that can link a traced firearm to: the location of a crime; the Federal firearms licensee; retail purchaser or possessor of a traced firearm; or to firearms trafficking patterns involving a traced firearm. Therefore, Foreign Law Enforcement Agency may not disclose law enforcement sensitive firearms trace information generated pursuant to this MOU to a third party without the consent of ATF. Prior to the release of any sensitive firearms trace information to a third party, a Participant proposing such release is to notify the other Participant. The Foreign Law Enforcement Agency intends to notify the ATF international affairs office prior to the initiation of any independent international firearms trafficking investigation arising or developed from firearms tracing data obtained via eTrace. This critical step allows for the further collaboration of valuable investigative information and assists in ensuring the effectiveness and overall safety of investigating officers. The Participants acknowledge that a crime gun is defined as any firearm that is illegally possessed, used in a crime, taken into police custody, or suspected by law enforcement officials of having been used in a crime or act of terrorism. The Participants acknowledge that the ATF National Tracing Center is the central recipient and repository of all information entered into the eTrace application relative to crime gun recoveries. The Foreign Law Enforcement Agency is to make every effort to provide complete and accurate firearm trace-related information to include: recovery location, possessor information and associated individuals. Section VII. Conclusion It is the intent of the Participants that this MOU promote coordination, cooperation and the mutual conduct of enforcement and research activities relative to the eTrace application, which they expect to result in the successful prosecution of illegal firearm crimes as well as the development of an accurate picture of the illegal firearms market and the inception of new strategies to effectively interrupt this market and impact the rate of firearm related violence. This MOU is effective upon the date of the last signature by the authorized representatives of the Participants and is intended to remain effective until discontinued in writing by either Participant. Discontinuation by either Participant is intended to result in the revocation of all eTrace accounts provided under this MOU. This MOU may be modified by the Participants in writing. In witness whereof, the Participants have signed this MOU. -------------- Portguese -------------- {0>Section I. Purpose and AuthorityArtigo I. Finalidade e AutoridadeThis memorandum of understanding (MOU) sets forth the conditions and understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Foreign Law Enforcement Agency (hereinafter the Participants),with the intent to establish a partnership with regard to policy and procedures relative to the access and utilization of eTrace services that is made available to law enforcement agencies by ATF.Este memorando de entendimento (MOU) estipula as condies, acordos e entendimentos entre o Escritrio de lcool, Tabaco, Armas de Fogo e Explosivos (ATF) e o rgo de segurana pblica participante no exterior, (doravante denominados Participantes) e com este cria uma parceria em relao s normas e procedimentos referentes ao acesso e uso dos servios de rastreamento eletrnico disponibilizado pelo ATF aos rgos de segurana pblica.BackgroundAntecedentes {0>The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement agency within the United States Department of Justice, dedicated to preventing terrorism, reducing violent crime and protecting the nation.O Escritrio de lcool, Tabaco, Armas de Fogo e Explosivos (ATF) um rgo de segurana pblica do Departamento de Justia dos Estados Unidos, dedicado a prevenir terrorismo, reduzir crimes violentos e proteger o pas.In its efforts to enhance homeland security in the United States, ATF works collaboratively and in partnership with foreign governments and law enforcement agencies in order to assist friendly nations and allies in the fight against international criminal organizations whose criminal enterprise poses a threat to the citizenry and global peace.Em seus esforos para aprimorar a segurana interna nos EUA, o ATF trabalha em colaborao e parceria com governos internacionais e rgos de segurana pblica para auxiliar pases amigos e aliados na luta contra organizaes criminosas internacionais, cujas atividades criminosas representam uma ameaa aos cidados e paz mundial.To combat this threat, ATF uses its unique capabilities, which includes eTrace.Para combater essa ameaa, o ATF usa suas capacidades exclusivas, entre as quais o sistema de rastreamento eletrnico.This system is a paperless firearm trace submission system and trace analysis computer module that is readily accessible through a connection to the World Wide Web (Internet).Trata-se de um sistema informatizado de submisso de rastreamento e anlise de armas de fogo, acessvel atravs de conexo Internet.This internet application provides the necessary utilities for submitting, retrieving, storing and querying firearms trace related information relative to particular jurisdictions, thereby allowing for the systematic tracing of firearms that may have been recovered from crime scenes.Esta aplicao da Internet fornece os meios necessrios para submeter, recuperar, armazenar e consultar informaes relativas ao rastreamento de armas de fogo com referncia a determinadas jurisdies, permitindo, assim, o rastreamento sistemtico de armas de fogo que possam ter sido recuperadas de cenas de crimes.Analysis of firearms trace data can assist in the identification of firearms trafficking patterns and geographic profiling for criminal hot spots and possible sources of illicit firearms.Dados de anlise de rastreamento de armas de fogo podem ajudar na identificao de padres de trfico de armas de fogo e na definio de perfis geogrficos de pontos ativos de crimes e possveis fontes de armas de fogo ilcitas.Law Enforcement agencies that make a commitment to comprehensive and systematic crime gun tracing will be able to effectively use the eTrace firearms trace information platform for developing the best investigative strategies for the reduction of firearms-related crime and violence.Os rgos de segurana pblica que se comprometem a rastrear armas de crimes, de forma abrangente e sistemtica, conseguiro utilizar a plataforma de informaes de rastreamento eletrnico de modo eficaz para formular as melhores estratgias de investigao para a reduo de crimes e violncia relacionados a armas de fogo.ScopeEscopo