A/74/969
contained relevant provisions relating, in particular, to the possession of certain
objects that could be used for torture or other forms of ill-treatment; chemicals that
could be used for capital punishment; war material; and th e control of goods that
could be used for civilian and military purposes. 7 Indonesia stated that trade in social
policing and riot control goods was regulated pursuant to Indonesian Law 16 of 2012
on the Defence Industry. Similarly, Argentina, 8 Canada, 9 Mongolia 10 and New
Zealand 11 indicated that trade in goods relevant to the subject matter was addressed
under broader legislative acts. Angola, Brazil and Qatar reported in their submissions
that they had not adopted any national regulations concerning tr ade in goods used for
capital punishment, torture or other forms of ill-treatment.
9.
According to the information received, the implementation of national laws and
regulations in some countries is carried out by different institutions, including
ministries or departments of foreign affairs, economic affairs, trade, business, interior,
health and customs affairs, and is often the responsibility of more than one
institution. 12
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See the submission from Switzerland: arms legislation (Weapons Act , Recueil systématique (RS)
514.54; Weapons Ordinance, RS 514.541); legislation relating to medicines that may be intended
for capital punishment (Therapeutic Products Act, RS 812.21; Medicinal Products Licensing
Ordinance, RS 812.212.1; Federal Act on Narcotics and Psychotropic Substances, RS 812.121);
legislation on war material (Federal Act on War Material, RS 514.51); and legislation on the
control of goods that can be used for civilian and military purposes (Federal Act on the Control
of Dual-Use Goods, Specific Military Goods and Strategic Goods, RS 946.202).
See the submission from Argentina. The general national regulations cover goods such as
chemical substances or weapons that are subject to a prohibition of a non -economic nature in the
absence of prior authorizations.
See the submission from Canada. There are no explicit provisions in Canadian law that
specifically address trade in items specifically designed for (a) capital punishment and (b) torture
or other cruel, inhuman or degrading treatment or punishment. Canada maintains significant
controls on the import and export of certain weapons through the Export and Import Permits Act
and the Customs Tariff Act. The Export and Import Permits Act contains a reference to the
Criminal Code for the definition of what constitutes prohibited weapons and devices. However, a
prohibited weapon or device is not necessarily specifically designed to inflict torture or cruel,
inhuman or degrading treatment or punishment.
See the submission from Mongolia. Mongolia adopted Resolution No. 5 of 1998 approving lists
of goods for which cross-border movement is prohibited and goods subject to non-tariff
restrictions. There are also specific provisions in other national laws prohibiting or restricting the
import and export of goods that are not included in the resolution, such as the Law on the Police
Service of 2017 and the Law on Medicines and Medical Devices of 2010.
See the submission from New Zealand. The Strategic Goods List covers the export of goods
comprising conventional arms or their related parts or ammunition and the export of goods
broadly relevant to the subject matter, such as technology that could be used to facilitate arrest.
The possibility of any items on the Strategic Goods List being used to perpetrate human rights
abuses, such as torture, is a specific factor to be taken into account in the risk assessment that is
required to be conducted before the authorization of any export of such items.
In Austria, the entity responsible is the Federal Ministry for Digital and Economic Affairs; in
Belgium, the Federal Public Service for the Economy and the Belgian Customs; in Colombia, the
Ministry of Commerce, Industry and Tourism and the National Directorate of Taxes and
Customs; in Croatia, the Ministry of Foreign and European Affairs, Export Control Division; in
Cyprus, the Imports/Exports Licensing Section, Trade Service, Ministry of Energy, Commerce
and Industry; in Czechia, the Ministry of Industry and Trade, Licensing Administration, and th e
Ministry of Foreign Affairs; in Denmark, the Danish Business Authority and the Ministry of
Justice; in Ecuador, the Ministry of Productivity, Foreign Trade, Industries and Fisheries through
the Committee on Foreign Trade; in Estonia, the Strategic Goods Commission within the
Ministry of Foreign Affairs; in Finland, the Ministry of the Interior, the Ministry of Social
Affairs and Health, the Ministry of Foreign Affairs, the Customs, the National Police Board, the
Finnish Safety and Chemicals Agency and the Finnish Medicines Agency; in France, the General
Directorate of Customs and Indirect Taxes (Ministry of Public Action and Accounts), although it
will soon be the dual-use goods department (Ministry of the Economy and Finance); licensing is
20-10185