A/74/969
15. Colombia noted the need to identify the goods to establish whether international
commitments already existed with regard to some or all of the goods under
consideration. Switzerland suggested that the term “practical use” should be clearly
defined. Canada recommended focusing on categories of goods that represented the
bulk of international trade. It noted that its own export control system classified items
by their technical characteristics rather than by end use and, accordingly, suggested
guidelines in which the technical characteristics of goods were outlined.
16. Member States were also invited to express their views on whether common
international standards should include an exhaustive list of goods. The majority of
States 18 indicated in their submissions that the list of goods under each category
should be exhaustive. Some States noted that this would, amo ng other things, ensure
consistency in the application of controls and provide common guidelines for the
handling of those goods and the development of national control lists. 19 France
proposed that the lists of goods in annexes II, III and IV to the Europ ean Union
anti-torture regulation could serve as examples.
17. Albania specifically proposed the inclusion of the following goods: guillotines;
curved and sharp swords used for capital punishment by beheading; handcuffs for
restraining individuals by anchoring them to a wall, floor or ceiling; chairs fitted with
handcuffs or other devices for the purpose of restraint; wooden or iron tables and beds
equipped with handcuffs or other devices for the purpose of restraint; shields with
sharp metal rivets; sticks or rods with pins or sharp spikes fixed along their length;
whips for torturing; and handcuffs. Pakistan proposed the control of trade in metal
pellet ammunition and associated equipment. Ecuador noted that, even though the
goods that could be used to exert psychological torture were more difficult to
determine, efforts should be made to ensure that this type of torture did not remain
invisible.
18. While agreeing that the list of goods should be exhaustive, Canada noted the
importance of allowing for some flexibility so that States could control items as they
deemed appropriate and in line with their national legislation and regulations.
Similarly, Finland proposed an “open” category of goods referred to as comparable
to such goods. Brazil noted that an exhaustive list would make trade control possible
only if there was an appropriate fiscal classification of goods by a competent
authority. It advised that any collective exercise on the fiscal classification of such
goods should involve the expertise of the World Customs Organization. Similarly,
Colombia noted that goods must be identified in the manner indicated in the
Harmonized Commodity Description and Coding System of the World Customs
Organization.
19. A number of States proposed that lists of goods be only indicative or illustrative.
The United Kingdom noted that it would be difficult to reach consensus on the
contents of a comprehensive and exhaustive list and suggested that such a list should
not include items already subject to existing arms control regimes, nor should it
disproportionately affect trade in legitimate medical products. It therefore suggested
that a narrow list representing a minimum standard be considered as an option.
Slovakia suggested that a combination of non-exhaustive lists and a descriptive
definition of goods under each category could be more appropriate and effective. New
Zealand and Ecuador also expressed a preference for an illustrative list, arguing that
__________________
18
19
20-10185
Albania, Argentina, Austria, Belgium, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia,
Finland, France, Germany, Greece, Indonesia (only in relation to goods used for torture or cruel,
inhuman or degrading treatment or punishment), Ireland, Italy, Latvia, Lithuania, Luxembourg,
Malta, Mexico, Netherlands, Paraguay, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia,
Spain, Sweden and Switzerland.
Canada, Indonesia and United Kingdom of Great Britain and Northern Ireland.
7/13