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Back to Laws Prohibiting Investments in Controversial Weapons

I. Legislation Prohibiting Certain Types of Investments Related to Cluster Munitions

In 2011 Italy adopted Law No. 95 ratifying and implementing the 2008 Oslo Convention on Cluster Munitions.[1] Law No. 95 of 2011 bans the provision of financial assistance to activities related to the development, production, acquisition, storage, retention, or transfer of cluster munitions.  In particular, Law No. 95 of 2011 provides that,

[w]hoever uses . . . develops, produces, acquires in any way, stores, retains, or transfers, directly and indirectly, cluster munitions or parts thereof, or financially assists, encourages or induces others to engage in such activity, is punished with imprisonment from three to twelve years and a fine of 258,228 Euro to 516,456 Euro [approximately US$283,402 to 572,771].[2]

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II. Proposed Expansion of Existing Legislation

On October 6, 2016, an Italian Senate commission unanimously approved Bill No. 57,[3] which would prohibit all types of financial support to companies that operate in any phase of the production and commercialization of landmines and cluster munitions and submunitions, as well as those companies that engage in research into, and the manufacture, sale and transfer, exportation, importation, and possession of, such weapons.[4] In order to become law, Bill No. 57 would have to be approved by the entire Senate, then by the Chamber of Deputies, and promulgated by the President of the Republic.[5]

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Prepared by Dante Figueroa
Senior Legal Information Analyst
November 2016


[1] Legge 14 giugno 2011, n. 95 Ratifica ed esecuzione della Convenzione di Oslo sulla messa al bando delle munizioni a grappolo, fatta a Dublino il 30 maggio 2008, nonche’ norme di adeguamento dell’ordinamento interno [Law No. 95 of June 14, 2011, Ratifying and Implementing the Oslo Convention on Cluster Munitions, made in Dublin on May 30, 2008, as well as Implementing Provisions] art. 7(1), GAZZETTA UFFICIALE [G.U.] No. 153, July 4, 2001, http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2011-06-14;95, archived at https://perma.cc/JZX3-8MKP.

[2] Translation provided at Worldwide Investments in Cluster Munitions: A Shared Responsibility, PAX (June 2016), https://www.paxforpeace.nl/media/files/worldwide-investments-in-cluster-munitions-pax-june-2016.pdf, archived at https://perma.cc/U6YU-9257.

[3] Disegno di legge [Bill] No. 57, XVII Legislatura [Legislature], Senato della Repubblica [Senate of the Republic], http://www.senato.it/leg/17/BGT/Schede/FascicoloSchedeDDL/ebook/39361.pdf, archived at https://perma.cc/3BT8-QQMY.

[4] Press Release, Mauro Maria Marino, President of the Permanent Commission on Finances and the Treasury, Mine antiuomo, arriva il sì della Commissione [Landmines, The Yes of the Commission Arrives] (Oct. 6, 2016), http://mauromariamarino.it/mine-antiuomo-arriva-si-della-commissione, archived at https://perma.cc/FK9W-3NRD.

[5] Iter Legislativo: come si approvano le leggi in Italia? [Legislative Path: How Laws Are Approved in Italy], PORTAL DIRITTO (Aug. 19, 2005), http://www.portaldiritto.com/iter-legislativo.htm, archived at https://perma.cc/3BZK-JYTH.

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Last Updated: 10/02/2017