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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents