Weapons
- Document symbol
- G/LIC/N/3/ISL/3
- Original language
- English
- Published on
- 28/10/2004
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
According to Icelandic law, measures to regulate and control importation of firearms and other assault devices can be divided into three categories. First and foremost are measures explicitly stated in the Weapons Act, no. 16/1998. Secondly, measures explicitly stated in the Firearms and Ammunition Regulations no. 787/1998, with subsequent amendments. Thirdly, administrative measures, not explicitly stated in statutes. The law, nevertheless requires that such measures have sufficient grounds. Furthermore, each individual administrative decision made according to the above-mentioned measures, is subject to procedural rules laid down in the Administrative Act no. 37/1993.
Weapons in this respect are all arms intended to fire projectiles. At the relevant Minister’s discretion the scope of the Act can be extended to include assault devices other than firearms. This has been done with the regulations, with regard to literally all things manufactured for offensive purposes; including knives with blade longer than 12 cm. Realistic replicas of firearms are included as well.
Excluded from the scope of this system are weapons imported for the police and the Coast Guard. On the other hand, the Act allows the responsible Minister to extend the scope to certain categories of commercial products, i.e. construction equipment using compressed air to fire nails, emergency gadgetry, i.e. lifeline guns and signal guns and pin guns used for animal slaughtering. The last category is currently the only one to fall under import limitation stated in the Regulations.
The main provision of the system is a near-complete ban on the importation of automatic firearms and all things manufactured for offensive purposes. Semi-automatic and other firearms are subject to import limitations as described below.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Licensing systems are applied in four channels open for lawful importation of weapons to Iceland:
- Purchase by private persons and their importation upon arrival from abroad.
- Long-distance sale to private persons by mail order.
- Short-term import by foreign visitors.
- Commercial importation by registered firearm vendors.
Weapons covered by all licensing arrangements are:
- Firearms and parts of firearms.
- Ammunition for firearms.
Q3. The system applies to goods originating in and coming from which countries?
The licensing procedures are the same regardless of countries of origin or from which the goods are imported.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The purpose of licensing is to ensure ready control of the number, characteristics and distribution of weapons. Such a regulation is needed in the public interests to prevent that these weapons are used offensively. Furthermore it is government policy to restrict proliferation of weapons in certain classes, especially pistols and larger rifles. The monetary value of imports is not a criterion for control.
No other alternative methods have been suggested that could meet these criteria, which is a prerequisite for the effectiveness of licensing individual use and possession of weapons.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The Weapons Act no. 16/1998 requires licensing of firearms. Licensing of other weapons and products mentioned before (under reply 1) is optional but has been partially enacted in the Regulations. Express legislative consent is needed in order to abolish the licensing system.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application is best made before attempt is made to bring into the country weapons subjected to an import permit. Circumstances allowing, these permits will be issued if the goods in question have inadvertently arrived at the point of entry.
Q7.b. Can a licence be granted immediately on request?
As a rule, permits are only granted when the relevant application has been scrutinised. This sometimes involves correspondence with local authorities. If haste is paramount, the time this process takes can be cut.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Permits are issued regardless of season.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
According to the Weapons Act, it comes under the Commissioner of the Icelandic Police to issue import permits.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Applications for import permits can be refused at the discretion of the Commissioner of the Icelandic Police. The most common grounds for refusal are lack of information and/or evidence of improper handling of firearms by the applicant. A frequent reason for refusal in the case of private persons is also failure to meet the ordinary criteria for the possession of firearms, i.e. skill and other qualifications. According to the 1993 Administrative Act, reasons for refusal must be given if requested by the applicant. In practice the significant grounds for refusal are given without delay.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for import permits.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
In the case when a decision is made to grant registered firearm vendors an import permit, the following information must be made available to the Commissioner of the Icelandic Police for the proper form to be issued.
- Name and address of the importer
- Name and address of the supplier (exporter)
- Exact description of the weapons to be imported
- Exact quantity of weapons to be imported
- The unique number of the application (issued on receipt by the Ministry)
In practice, the Commissioner of the Icelandic Police generally issues a statement of eligibility for imports, alongside the initial registration of the firearm vendor. The vendor may therefore expect a positive reply to his application unless there has been a change of conditions.
Q11. What documents are required upon actual importation?
Immediately prior to actual importation the vendor must present customs clearing papers to the competent local police officer along with a copy of the import permit. The officer then validates with a signature, that the weapons to be imported are in accordance with the permit. The officer keeps a copy of the customs papers for future reference, e.g. if the permitted quantity is to be imported in steps. The customs officer, having received the signed papers, then hands over the goods.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
As a rule the permits are valid for six months. The validity can be extended if the police officer in charge accepts such an extension. The permit is always limited to the stated goods only and cannot be extended.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are issued to a certain vendor and cannot be transferred to another one.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Such conditions arise directly from the law, regarding the custody, use, disposal and distribution of the imported goods.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Yes. No. Yes. A form has to be filled out with the name and the ID number of the importer.