Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology 7 Chapter 1 / Mechanisms to control brokering and transit Brokering and associated activities The Regulation does not currently control the activities of companies or individuals within the EU engaged in brokering - arranging the transfer of equipment between third countries outside the EU, where the items do not enter the EU customs territory. Such brokering activities could involve either the trade of items listed in Annex II (prohibited goods) or other items where their transfer is intended for capital punishment, torture and other ill-treatment in third countries. Amnesty International and Omega are concerned that without a requirement in the Regulation for Member States to effectively control the brokering of items covered by the Regulation, and given the existing lack of national brokering trade controls in some EU Member States, the EU’s efforts to ban the international trade in “torture equipment” beyond Europe, and to control the EU trade in other security and law-enforcement equipment to prevent that trade from contributing to torture and other ill-treatment, will be undermined. United Kingdom The United Kingdom is one of the few EU Member States that prohibits most (but not all) brokering of a range of goods that could facilitate torture or other ill-treatment, such as electric shock batons, electric-shock belts, leg irons and batons or truncheons made of metal or other material having a shaft with metal spikes.8 These items are amongst those designated by the UK as ‘Category A’ goods and assigned the highest levels of control, i.e. a de facto ban, on all activities connected with the trade in such equipment. In March 2010 the Export Control Organisation published a Review of Export Control Legislation (2007) Supplementary Guidance Note on Trade (“Trafficking and Brokering”) in Controlled Goods, which stated that: “…For category A goods a trade licence is required for any of the following activities, where undertaken by any company or person from within the UK (whether or not they are a UK person) or by any UK person operating overseas… and whether directly or indirectly: Supplying or delivering, agreeing to supply or deliver, or doing any act calculated to promote the supply or delivery of Category A goods where that person knows or has reason to believe that their action or actions will, or may, result in the removal of those goods from one third country to another. Unlike trading in category C and B goods, there are no exemptions for those whose sole involvement is in transportation services, financing or financial services, insurance or reinsurance services or general advertising and promotion (such as displaying category A goods at trade fairs or advertising them in periodicals). Therefore, anyone involved in the provision of these services requires a licence. These strict controls reflect the fact that the supply of many of these goods is inherently undesirable. Licences will not normally be granted for any trade in paramilitary goods listed because of evidence of their use in torture…”9 Amnesty International and Omega commend the UK for the introduction of legislation in this area. However, both organisations are concerned about certain limitations in its scope and implementation to date. Firstly, the UK Government’s application of controls on the promotion and advertising of certain Category A goods (including electroshock weapons) has been unsatisfactory (as explored in section 2 of this report). Secondly, whilst the UK Government Export Control Organisation has confirmed that the majority of goods listed in Annex II and III of the Regulation are subject to UK 8 For further discussion see: Department for Business, Innovation & Skills and Export Control Organisation Guidance pages on: Trade controls (trafficking and brokering), Export Control Order 2008, and Controls on Torture Goods available via https://www.gov.uk/controls-ontorture-goods 9 UK Government, Department for Business, Innovation and Skills, Review of Export Control Legislation (2007) Supplementary Guidance Note on Trade (“Trafficking and Brokering”), March 2010 available via https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15216/Trafficking_and_Brokering_Guidance_-_URN_10-664_-_new_logo_-_2012.pdf (accessed 6 January 2015). Index: EUR 01/1632/2015 Amnesty International May 2015