Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology 21 Case of good practice: UK and U.S. work together to control the promotion and transfer of electroshock equipment via the internet The UK authorities have shown a willingness to take action against companies based outside of the UK who promote and transfer electroshock equipment into the UK for criminal use.87 The 2011/2012 Annual Report by the Serious Organised Crime Agency (SOCA) states that: “In November, in response to the continued seizures of stun guns and self-defence sprays by UKBA [UK Border Agency], SOCA developed intelligence regarding the importation of such items via the postal and fast parcel system from a U.S.-based company responsible for sending over 70% of the items intercepted. The parcels were destined for addresses throughout the UK. The items are legal in the USA, but they are prohibited in the UK and require an export licence. After successful intervention by SOCA and U.S. law enforcement partners, the U.S. supplier ceased all its international trading and closed its websites in January.” 88 The increasing use of the internet by companies to market security equipment poses challenges for States to ensure that such activities do not facilitate the trade in prohibited goods or the transfer of controlled goods to inappropriate end users. However, this example shows that it is possible to control the transfer of equipment, promoted and facilitated via the internet, if authorities in either recipient and/or exporting States wish to do so. Amnesty International and Omega Recommendations: Although the promotion of Regulation goods was not addressed by the Commission in its January 2014 Proposals, Amnesty International and Omega consider this a significant lacuna in the current regime, potentially facilitating the transfer or brokering of goods that will be used to facilitate torture and other ill-treatment or the death penalty. Consequently, we recommend that the coverage of the Regulation is extended to prohibit the commercial marketing and promotion within the EU of Annex II items by EU and non-EU registered companies and individuals. In addition to these changes to the Regulation, we recommend that Member States should conduct appropriate promulgation activities so as to ensure that all companies promoting security equipment and also those companies organising trade fairs and other events where such equipment is promoted, are made aware of the Regulation and their obligations under it. Furthermore, Member States should require organisers of trade fairs and similar promotional events to inform all potential exhibitors of the Regulation’s restrictions, and undertake thorough screening and risk assessment of all potential exhibitors to determine the likelihood that they will trade in or promote equipment prohibited by the Regulation. Where a potential exhibitor poses a substantial risk of engaging in such activities the exhibitor should be denied permission to participate, and their details brought to the attention of the relevant national licensing authority. 87 The use of certain electroshock devices in the UK is only authorised for specific law enforcement purposes. Civilian possession of a range of electroshock devices is prohibited. 88 Serious Organised Crime Agency, Annual Report and Accounts 2011/12, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229080/0291.pdf (accessed 18 May 2015). Index: EUR 01/1632/2015 Amnesty International May 2015

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