Tools of Torture and Repression in South America components, technology and production techniques derived from a licensed production agreement’ require authorisation. However, this requirement relates to equipment defined as ‘Defence Equipment’ and there is no analogous requirement for ‘Other Equipment’. Some law enforcement equipment, such as chemical irritants including CS gas, could fall into either category.244 The Spanish authorities informed Omega that CS gas is controlled under the Common Military List of the EU, but Spanish export statistics have classified it as ‘Other Equipment’.245 Spanish authorities confirmed that technology transfer and the transfer of components carried out by Spanish companies under licensed production agreements require state authorisation. In addition, article 30 of Royal Decree 679/2014 states, ‘The final destination certificates shall at least reflect the commitment (…) to not re-export/re-dispatch [the items or technology] without the prior written authorisation of the competent authorities, and to use the said material for the end-use declared.’ Whilst the Spanish authorities have told Omega that ‘in all exports [of CS and OC ammunition and aerosol sprays, stun grenades and kinetic impact rubber pellets] authorised by Spain to public and private end users, an end-use certificate signed by the importing country’s authorities is required, including a clause to not re-export or use for purposes other than those stated in the application’, this relates to finished products exported from Spain as opposed to products manufactured outside of Spain under licensed production agreements.246 When components or technology acquired from a Spanish company under licensed production agreements are used to produce goods in a second country, these goods can be re-exported to a third country without any involvement of the Spanish Government. Spanish authorities informed Omega that such activity would be subject to the authorisation of the destination country’s government.247 Omega recommends that the Spanish Government addresses the concerns raised here over the control of goods produced under licensed production agreements. This is in particularly true given that a portion of the profits from any re-exports would go to the Spanish company party to the licensed production agreement. This loophole could potentially be used to evade strict Spanish export controls by moving production to countries with laxer control regimes. 244 See annexes of Royal Decree 679/2014, regulating Law 53/2007. In 2014, exports of ‘Other Equipment (Riot Control)’ included triple action cartridges, tear gas devices and raw materials. See Secretaría de Estado de Comercio, note 238. 246 Correspondence received from an official from the Directorate General for International Trade and Investments, Secretariat of State for Trade, Ministry of Economy and Competitiveness, 15 February 2016 and 4 April 2016. 247 Correspondence received from an official from the Directorate General for International Trade and Investments, Secretariat of State for Trade, Ministry of Economy and Competitiveness, 4 April 2016. Furthermore, article 30 of Royal Decree 679/2014 also contains a provision allowing exporters to be exempt from having to present end user documentation, which is cause for concern. 245 55