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Background Details of the "Torture" Regulation - Content and Impact on Exporters

This notice describes the content and impact of the European Union (EU) Council Regulation on trade in equipment and products which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

The Regulation came into force on 30 July 2006.

Prohibited torture goods are listed in the EU Human Rights List (Annexes II and III of 2005 EC Regulation) which is included in the UK Strategic Export Control Lists: The Consolidated UK Military and UK and EC Dual-Use Lists

Background

The UK introduced a national ban on certain equipment used in torture following former Foreign Secretary, Robin Cook’s, Parliamentary Statement in July 1997. Many of the items on the EU list of licensable equipment, were therefore already subject to export control from the UK prior to 2006. The introduction of the EU controls on new equipment was expected to be minimal.

Regulating trade in certain kinds of equipment

The EU Regulation details measures to regulate trade in specific equipment, including a ban on the export and import of equipment that could only be used for torture or capital punishment, together with a ban on related technical assistance. There are also provisions to make licensable the export of equipment which could be used for torture but which also has legitimate applications.

Impact on industry

The list of goods and supply of technical assistance related to the goods, which are banned under the Regulation for both import into and export from the Community are listed in Annex II to the Regulation. These include:

Goods designed for the execution of human beings as follows:

• Gallows and guillotines;
• Electric chairs;
• Airtight vaults designed for the purpose of execution of human beings by the administration of a lethal gas or substance;
• Automatic drug injection systems designed for the purpose of execution of human beings by the administration of a lethal chemical substance.
• Goods designed for restraining human beings, as follows:
• Electric shock belts designed for restraining human beings by the administration of electric shocks having a no load voltage exceeding 10,000v.

The only exception to the ban on the import and export of the goods described above, and of any related technical assistance, is when they are used for public display in a museum in view of their historic significance.

Case by case assessment

The list of goods which are subject to a case by case assessment for export from the Community only, are listed in Annex III to the Regulation. These include:

Goods designed for restraining human beings, as follows:

• Restraint chairs and shackle boards (excludes chairs designed for the disabled);
• Leg-irons, gang-chains, shackles and individual-cuffs or shackle bracelets (excludes handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 and 280mm when locked and have not been modified to cause physical pain or suffering);
• Thumb-cuffs and thumb-screws, including serrated thumb-cuffs.

Portable devices designed for the purpose of riot control or self-protection, as follows:

• Portable electric shock devices, including but not limited to, electric shock batons, electric shock shields, stun guns and electric shock dart guns having no load voltage exceeding 10000v (excludes items listed in Annex II and individual electric shock devices when accompanying their user for the user’s own personal protection).

Substances for the purpose of riot control or self-protection and related portable dissemination equipment, as follows:

• Portable devices for the purpose of riot control or self-protection by the administration or dissemination of an incapacitating chemical substance (excludes individual portable devices, even if containing a chemical substance, when accompanying their user for the user’s own personal protection);
• Pelargonic acid vanillylamide (PAVA)(CAS 2444-46-4);
• Oleoresin capsicum (OC)(CAS 8023-77-6).

Leg-irons, gang-chains and portable electric shock devices

• The Regulation also permits Member States to adopt or maintain a prohibition on the export and import of leg-irons, gang-chains and portable electric shock devices, and to impose an authorisation on the export of handcuffs where the overall dimension exceeds 240mm when locked.

Licence Authorisation

Any licence issued against provisions of the Regulation are valid throughout the European Union for a maximum of 12 months from the date of issue.

Exceptions

For the purpose of this Regulation only, an export authorisation for goods listed in Annex III is not be required where:

• The goods only pass through the customs territory of the Community, that is those which are not assigned a customs-approved treatment or use, other than the external transit procedure within Article 91 of Regulation (EEC) No 2913/92 establishing the Community Customs Code, including storage of non-community goods in a free zone of control type 1 or a free warehouse;
• The export is to territories of Member States which are both listed in Annex IV to the Regulation, and are not part of the customs territory of the Community, providing that the goods will be used by the authority in charge of law enforcement in both the country or territory of destination and the metropolitan part of the Member State to which that territory belongs;
• The export is to third countries, providing that the goods will be used by the military or civil personnel of a Member State of the EU, if they are taking part in an EU or UN peace-keeping or crisis management operation in the third country concerned, or in an operation based on agreements between Member States and the third countries in the field of defence.

National options

Article 7 of the Regulation allows Member States to adopt or maintain national controls as follows:

• Adopt or maintain a prohibition on the export and import of leg-irons, gang-chains and portable electric shock devices;
• Impose an authorisation requirement on the export of handcuffs, which have an overall dimension including chains, measured from the outer edge of one cuff to the outer edge of the other cuff, exceeding 240mm when locked.

The UK considered adopting the national options as follows:

• Maintaining a national ban, to all destinations, on the export of leg-irons, gang-chains and portable electric shock devices;
• Maintaining a national export licensing requirement, to all destinations, for handcuffs which have an overall dimension, measured from outside edge of one cuff to the outside edge of the other cuff, exceeding 240mm and up to 280mm.

UK national legislation

The Regulation does not include provisions for licensing, penalties or enforcement. These are implemented within UK national legislation, along with the national options identified above by an amendment to The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Order) 2003. The amending order is:

• The Export Control (Security and Paramilitary Goods) Order 2006 (S.I.2006/1696)("the 2006 Order")
  

For further details of strategic export controls, please contact the ECO.

Copies of the EC Regulation

Exporters can view the regulation by accessing the link below:  

Copies are also available the EU Official Journal.

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

(Note: This information was originally published as Notice to Exporters 14/05 in September 2005)

Export Control Organisation

Updated: July 2008