Trafficking in Arms—Fernando Sero Sentencing

A Philippine-born New Yorker has been sentenced to 40 months in prison “for trafficking arms and weapons parts in the southern Philippines.”^[1] Fernando Sero pleaded guilty on June 29, 2005, and was sentenced on December 15 for violating the Arms Export Control laws by smuggling weapons to the southern island of Mindanao between 2003 and 2005.^[2] According to prosecutors, Mr. Sero carried out his scheme by purchasing the weapons—which included AK-47s, M-16s, AR-15s, and HK-94s, as well as weapons parts and ammunition—and then smuggling them to Mindanao by falsifying shipping documents and sealing them in boxes containing light fixtures and electric car coolers.^[3] At least four shipments had been intercepted by Philippines authorities.^[4]

Trafficking in arms is a transnational crime which Interpol takes very seriously. According to Interpol, there are two major initiatives that relate to conventional weapons: the “Orange Notice,” and the Interpol Weapons Electronic Tracing System [hereinafter IWeTS].^[5] The Orange notice was initiated in January 2004 and it “provides a warning about weapons when there is reason to believe that it will help law enforcement and security officials identify a threat they might not normally detect.”^[6] This type of notice relates to objects, not individuals, and in 2004, there were 15 Orange Notices issued by Interpol.^[7] The IWeTS is a long-term project that relates “exclusively to the tracing of firearms through an automated system.”^[8] The goal of the IWeTS is to make it easier for law enforcement officers in member countries to trace firearms that move internationally, while the second goal is to “increase the population of the Interpol Criminal Information System with firearm trace recovery data.”^[9]

In the United States, the Arms Control Export laws are covered by 22 U.S.C. § 2778. Under this section it is illegal for a person to export articles which are designated on the US Munitions List without first obtaining a license or written authorization from the Department of State.^[10] The punishment for violating this section is a fine of up to $1,000,000, imprisonment for up to 10 years, or both.^[11]

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[1] US Jails Man for Arms Trafficking in Philippines, Reuters, Dec. 19, 2005.
[2] US. v. Sero, 05-CR-00340-01 (S.D.N.Y. 2005) (available through PACER); see also US Attorney’s Office, Yonkers Man Pleads Guilty in Federal Court in Arms Export Scheme, June 29, 2005 [hereinafter USAO]. (PDF)
[3] Reuters, supra note 1; see also USAO, supra note 2.
[4] Reuters, supra note 1.
[5] Interpol, Interpol’s Weapon’s Projects, last visited Dec. 19, 2005.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] 22 U.S.C. § 2778(b)(1)(A)(ii)(III).
[11] Id. § 2778(c).