Tools of Torture and Repression in South America        Require companies to obtain a transit authorisation for the transit of controlled or restricted equipment through national territory. Establish a formal licencing process for those engaged in brokering the transfer of law enforcement equipment. This process should include the requirement for brokers to apply for licences for each individual transaction. Ban the production, promotion, trade, transfer and use of law enforcement equipment with inherent effects likely to result in unwarranted injuries, torture or other ill-treatment. Establish up-to-date trade control regulations for security and police equipment that can have legitimate uses, in line with international standards on law enforcement, but which is prone to abuse or causing injury or death. Immediately suspend and deny export licences where there are credible allegations that the agencies and security forces involved have recently used such equipment to commit or facilitate serious human rights violations, or where there is a substantial risk of serious violations of human rights being perpetrated with such equipment. The suspension should remain until the substantial risk has been removed, for example after prompt, independent and impartial investigations into the violations and a demonstrable commitment by the authorities, for example through prosecution of the perpetrators, legal reforms and revised training and accountability systems, to only use such equipment in accordance with international standards. Submit licensed production agreements for the manufacture of law enforcement equipment to the same level of control as physical exports, requiring companies to obtain prior authorisation before entering into such agreements. This should be incorporated into national legislation, ensuring that each agreement to establish a facility should also require the monitoring of such licensed production. Where there is credible evidence that arms resulting from such a facility have been used to commit or facilitate a serious violation of international human rights law or international humanitarian law in the licensee’s home country, or have been exported to destinations not subject to agreement, the licensed production agreement should be immediately revoked. In such cases all provision of related machine tools, parts, training and technology should be halted. Licensed production agreements should contain: (1) specific re-export clauses requiring the production company to seek prior approval from the government of the licensor’s country of origin before exporting to a third country; (2) specific clauses on the duration of the contract and what happens when the contract expires; (3) clauses establishing clear production ceilings and requiring the licensor to seek additional export licenses for any production exceeding the limits set; (4) a clause allowing the government of the licensor’s country of origin to suspend or terminate the agreement if there is an overriding risk that the equipment produced could be used to commit or facilitate a serious violation of international human rights law or international humanitarian law. Omega invites Mercosur and other inter-governmental bodies to:  Carry out a detailed study of Council Regulation (EC) No 1236/2005 ‘Concerning Trade in Certain Goods Which Could Be Used for Capital Punishment, Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment’ with a view to identifying and addressing gaps in the control regimes currently in force. 63