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Qs&As on the effects of the implementation of the EC Regulation on trade in goods which could be used for capital punishment, torture, or other cruel, inhuman or degrading treatment or punishment which will come into force on 30 July 2006. The areas covered by the Qs&As are:
There are links in the right hand column to the two recent ECO Notices which cover implementation of the Regulation and details of the amendments to Open General Licences.
Q1: How will exporters know what is covered by the Regulation?
Notices to Exporters have been published giving details of the Regulation, its implementation, the Regulatory Impact Assessment and the outcome of the consultation. These are all on the ECO website and, in addition, are automatically sent to all exporters and trade associations who register to receive their Notices and other information electronically. Click on the ECO Notices in the right hand column for more information.
Scope of goods covered
Q2: Will the Regulation weaken national export control restrictions?
The scope of the controls in the Regulation is generally greater than the former UK controls, eg there are now controls on gallows and guillotines, electric chairs, air-tight vaults, thumb cuffs and thumb screws. The Regulation raises the level of export control across Europe as many Member States previously had no controls in this area.
Q3: Why is it necessary to remove national controls once the Regulation is in force?
Competence on the export of goods listed in the Regulation now rests with the Community. As the Regulation is directly applicable in all EU Member States overlapping national legislation should be revoked. This will not reduce the level of control, but will simply ensure that EU and national legislation mesh together properly
Q4: Why can't we simply add extra torture equipment to our national legislation where this is identified as not covered by the Regulation?
The Regulation is now the prime source of European controls on the export of goods used for capital punishment or torture. To be most effective agreement to control the export of such goods from all 25 EU MS should be sought.
Q5: The list of controlled goods is very limited, there must be many additional items, which can be used for capital punishment or torture and are not listed. Why aren't sting sticks/ sjamboks/hanging ropes etc .. covered? Will EU Member States be able to introduce a wider range of military, security and police equipment into the EC Trade Regulation?
The list of goods in the Regulation was proposed by the European Commission and negotiated with the Member States in the Council. The preamble (23) in the Regulation indicates that the list of goods in the Regulation should be kept under review and articles 12 and 15 set out the procedures for making changes. The UK will work with other EU member states to introduce additional equipment for control under the Regulation where appropriate and necessary. In addition we would welcome views on the scope of controls on torture equipment when we carry out next year (2007) a review of the controls introduced in 2004.
Q6: Will the national control on electric shock dart guns be maintained?
Yes. The Government will maintain its controls on exports on electric shock dart guns to all destinations
Q7: By deleting PL5001.g from national controls and relying instead on the more restricted definition contained in the EC Trade Regulation, will some electro-shock devices cease to be controlled. For instance there is a range of electro-shock devices which have been designed to operate at a voltage level below 10,000 volts?
The reference to no-load voltage exceeding 10000 volts relates to electric shock dart guns. All electric shock dart guns, whether with a no-load voltage, above or below 10000v, will continue to be controlled in the UK.
Q8: Will export controls on "ordinary handcuffs" be added to the EC Trade Regulation?
The Regulation is now the prime source of control for handcuffs with the exception of the derogation for handcuffs between 240 and 280mm. It is now for the Community to decide on any changes to the Regulation.
Q9: Will UK national controls on individual cuffs, controlled under PL5001c.5, be maintained; and will the UK encourage the European Commission and EU member states to include this equipment description in Annex III of the Trade Regulation?
The control in the Regulation applies to individual cuffs irrespective of size and therefore goes further than PL5001.c 5 control, which is limited by the internal dimensions of the cuffs. Therefore it is unnecessary to maintain the national control.
Q10: Does the UK government consider that having leg-irons or leg-cuffs in Annex III in the EC Trade Regulation contradicts UK support for Article 33 of the UN Standard Minimum Rules for the Treatment of Prisoners in relation to the use, and export, of leg-irons or leg-cuffs?
This point was considered during the negotiation of the Regulation. Article 7(1) of the Regulation allows Member States to maintain national prohibition on these goods. The UK will be maintaining a national prohibition.
Licences
Q11: How long will it take to obtain a licence?
Any licence application for goods listed in the Regulation will be dealt with in the same way as any other licence application and subject to the same licence processing targets.
Q12: How do exporters apply for a licence?
The same application form used for any application will be acceptable although if a licence is granted this will be issued based on the form listed in Annex V to the Regulation.
Q13: How long will the licence be valid?
The licence may be valid for a period of between 3 and 12 months with a possibility of extending for a further 12 months if necessary.
Q14: Can I use the licence to export from another EU Member State?
The licence will be valid for export from any Community Country.
Q15: If I have a valid licence to export these goods issued under national legislation prior to the entry into force of the Regulation, will the licence still be valid?
No. If you have not already been contacted you will need to return the licence with a covering letter of explanation so that a new licence can be authorised.
Q16: If I have an application refused can I appeal against the decision?
As with any decision to refuse an individual licence application the applicant can appeal against that decision. Guidance on appeals can be viewed on the ECO website; Click on the link in the right hand column for more details about appeals.
Q17: Will the government ensure that any new categories are clearly reported in the Quarterly and Annual reports on Strategic Export Controls?
Summary details of licences issued/refused for the new controls will also be included in the quarterly/annual reports.
Trade Controls
Q18: When the Regulation is in force will the existing controls on trafficking and brokering (trade) of "torture equipment" be maintained?
Yes. The Regulation does not control trade but we are applying the provisions of the UK Trade Control Orders to the goods controlled by the Regulation, as well as maintaining all existing national trade controls. Therefore, a trade licence will be required before trafficking and brokering can be carried out.
Q19: Will the UK be working to introduce effective brokering controls across the EU?
The UK supports brokering controls and will continue to apply national trade controls to equipment in the Regulation, and encourage other EU Member States to do the same.
Q20: Will the UK government use the options in the Regulation to ensure that the strict export controls introduced in July 1997 and brokering controls implemented in April 2004 are retained?
Yes. The Regulation allows Member States to impose stricter controls on the goods which are specified in articles 7(1) and (2). Article 7(1) allows Member States to maintain a prohibition on the export of leg-irons, gang chains and portable electric shock devices. Article 7(2) allows Member States to impose an authorisation requirement on the export of handcuffs exceeding 240mm when locked. The UK will apply these provisions. The Regulation does not control brokering but the UK will continue to apply trade controls as explained above.
Other Licencing Situations
Q21: What about controls on intra-EC transfers?
Now there is a harmonised regime on exports from the EC, there is no need in principle for controls on transfers to other EU Member States. However they are maintained in certain cases where the UK has tougher controls than the Regulation or to maintain previous national controls.
Q22: Why does the EC Regulation only apply to non-EU Member States?
As with all EU Export Regulations, the Torture Regulation only deals with external trade to and from the EC
Q23: What about transhipment controls?
The Regulation controls the transhipment in and out of the Community of goods listed in Annex II of the Regulation. For goods in Annex III where transhipment controls currently exist in the UK these will be maintained where this is possible.
Q24: The lack of transit controls may be in breach of EU Member States' obligations under the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment?
Transit controls apply in respect of goods in Annex II. For goods listed in article 7(1) national transhipment controls can be maintained. The UK will continue to maintain transit controls on article 7(1) goods. i.e. leg-irons, gang-chains and portable electric shock devices..
Q25: The EC Trade Regulation doesn't control technical assistance whereby person(s) supply such assistance once they have travelled outside the EC territory?
Technical assistance controls apply (see article 3 and 4 of the Regulation) to those Annex II goods prohibited for import and export.
Q26: If an exporter needs further information on the application of the Regulation where can he find this?
Information on export controls can be viewed on this website which has links to other sites including the EC Commission, or through the ECO Helpline at
Export Control Organisation
Department of Trade and Industry
Kingsgate House
66-74 Victoria Street
London
SW1E 6SW
Fax 020 7215 0531
e-mail mailto:eco.help@dti.gsi.gov.uk
July 2006
