RESPONSE TO CONSULTATION
On 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
The EC Regulation on trade in goods, which could be used for capital punishment, torture, or other cruel, inhuman or degrading treatment or punishment enters into force with direct effect on 30 July 2006. The Government’s response to the specific points raised in the consultation on its implementation is set out at in Questions and Answers below. As explained in the Ministerial Statement to Parliament on 29 June, the Government is now bringing forward secondary legislation to provide the necessary implementation of the Regulation and make consequential changes to UK law. These are explained below.
Amendments to UK export controls
Some items currently included in the UK Military List are also included in the annexes to the Regulation and will henceforth be controlled by it. The corresponding entries in the UK Military List will therefore be deleted to avoid duplication. These entries are:
· PL5001.c.1., 2., 3., 4., 5.
Leg-irons, Gang chains, Electric Shock Belts,Shackles exceeding 240mm, Individual Cuffs with internal perimeter exceeding 165mm;
· PL5001.d.
Portable anti-riot devices for administering an incapacitating substance and components;
· PL5001.g.
Portable devices designed or modified for the purpose of riot
control or self protection by the administration of an electric shock and components;
· PL9001
Portable devices, other than those in PL5001, designed for self-protection by the administration of an incapacitating substance and components.
In other cases the Regulation controls items currently subject to UK control, but not to the same extent. Therefore corresponding amendments will be made to UK controls in order to achieve the same overall control as before. The following controls will be revised accordingly.
· PL5001.c.
Shackles having a maximum locked dimension exceeding 280mm and above are controlled by the Regulation. A national control on shackles having a maximum locked dimension exceeding 240mm overall and below 280mm overall (ie including cuffs and connecting chain) is retained.
· PL5001.d.
Electric shock belts designed for restraining human beings by the administration of electric shocks having a no-load voltage above 10000 volts are now controlled by the Regulation. A national control on Electric Shock belts below 10,000 volts is retained.
· PL5001.g.
Electric shock dart guns having a no load voltage exceeding 10000volts are controlled by the Regulation. A national control on Electric Shock dart guns below 10,000volts is retained.
· PL5001.h.
The Regulation does not control components specially designed or modified for portable devices designed or modified for the purposes of riot control or self-protection by the administration of an electric shock (eg electric-shock batons, electric-shock shields, stun-guns and electric shock dart-guns). To maintain the scope of the current national control a control on components has been retained.
Intra-EC exports
The Regulation does not control exports to other EU Member States. However the Government wishes to maintain national controls regarding export, trade and transit, on intra-EC exports for those goods previously subject to a complete UK ban on export, namely:
· Gang Chains and Leg-irons;
· Portable devices designed for the purpose of riot control or self protection by the administration of an electric shock (e.g., electric shock batons, electric shock shields, stun guns, electric shock dart guns having a no load voltage exceeding 10000 volts) and components therefore specially designed or modified for such a purpose; and
· electric shock belts having a no load voltage exceeding 10000volts.
The effect will be that their export from the EC will be controlled by the Regulation, and their export to other EU member states by UK controls, thus maintaining the same overall level of control as before.
For those items whose export, including to other EU Member States, was previously controlled but not subject to a prohibition:
q large handcuffs,
q two chemicals (PAVA and OC),
q and portable devices for the purpose of riot control and administration or dissemination of an incapacitating substance
In future their export from the EC will be controlled by the Regulation but they will be in free circulation within the EC.
Trade Controls (Trafficking and Brokering)
The Regulation does not provide for trade controls. UK trade controls currently apply to all entries in the UK Military List, including those for security and paramilitary equipment, some of which will henceforth be controlled by the Regulation.
The Government wishes to maintain trade controls on all those goods previously controlled by UK legislation. Furthermore, because it would be anomalous to apply UK trade controls only to certain goods controlled by the Regulation (ie those previously in UK legislation) but not to others, UK trade controls will be applied to all the goods listed in Annexes II and III to the Regulation. This preserves existing UK trade controls on security and paramilitary goods, and also extends them to cover certain items controlled by the Regulation but not previously in the UK military list:
· Gallows and guillotines;
· Electric chairs;
· Air-tight vaults;
· Automatic drug injection systems;
· Restraint chairs;
· Shackle boards;
· Thumb-cuffs and thumb-screws.
Licensing, enforcement and penalties.
The Secretary of State will have powers to grant licences and Community Licences under the EC Regulation. The licensing administrative process will be the same as for other strategic export licences issued by DTI.
HM Revenue and Customs will have enforcement powers in respect of the EC Regulation. These will be the same as they hold in respect of other strategic export controls.
The Order will provide for offences and penalties which are the same as for other export control offences.
Exporters can access a copy of the EC Regulation from the Official Journal at the following website http://europa.eu.int/eur-lex/en/index.html
During July 2006 exporters will be able to access a copy of the amended Order and final Regulatory Impact Assessment (RIA), together with previous Notices on this subject, via ECO’s website at http://www.dti.gov.uk/europeandtrade/strategic-export-control/index.html
Export Control Organisation
3rd Floor, Kingsgate House
66-74 Victoria Street
London SW1E 6SW
helpline 020 7215 8070
July 2006Questions and Answers
Government responses to points raised during the DTI consultation on the implementation of EC Regulation on Trade in goods which could be used for capital punishment, torture, or other cruel, inhuman or degrading treatment or punishment (Council Regulation (EC) No.1236/2005, (O.J.L200, p1. 30.7.2005).
Q1: When the Regulation enters into 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.
Q2: 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.
Q3: 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.
Q4: Will EU Member States be able to introduce a wider range of MSP (military, security, police) equipment into the EC Trade Regulation control mechanism including “wolf sticks”, sjamboks, specially designed hanging ropes and “interrogation equipment”?
The preamble (23) in the Regulation indicates that the list of goods in the Regulation should be kept under review and article 12 and 15 sets 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 a review of the controls introduced in 2004.
Q5: 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.
Q6: 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 United Nations 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.
Q7: 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.
Q8: 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, e.g., there are a range of electro-shock devices that 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.
Q9: Will the national control on electric shock dart guns be maintained?
Yes. The Government will maintain its controls on exports on ESDGs to all destinations
Q10: 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.
Q11: Given the EC Trade Regulation introduces a prohibition on the export of most types of death penalty equipment, why did it not include controls for “specially designed hanging ropes”?
They were not included in the Commission’s original proposal and were not specifically discussed in the negotiations.
Q12: 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
Q13: 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.
Q14: 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.
July 2006
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