Member States on the feasibility and scope of options to establish common international standards for the ▼ Figure 5: PNEI PRODE process182 import, export and transfer of goods used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Preliminary Negotiations In addition to its recent engagement with and support for international initiatives aimed at strengthening trade import of law enforcement equipment151. In 2018, the Brazilian government published Decree No. 9607/2018, which established a new National Policy for the Export and Import of Defence Products - Política Nacional Company controls, Brazil has also taken steps to significantly reform its domestic regulations governing the export and 2 year deadline de Exportação e Importação de Produtos de Defesa (PNEIPRODE)152. According to the Decree, the new Request for preliminary negotiations Export Request Request export license Receive authorisation for preliminary negotiations Registration Of Export 2 year deadline Receive authorisation export Submit export registration (RE) policy, which replaces PNENEM, is intended to ‘control exports and imports of defence products, promote exports conventional arms and their diversion’153. Article 4, of the policy, defines a ‘product of defence’, as “any good, service, work or information, including weapons, ammunition, transportation and communications, uniforms and individual and collective use of materials used in the final activities of defence, with the exception of administrative use”. In practical terms, this means that the list covers conventional weapons and military equipment as well as certain types of law Foreign Ministry of these products, develop the defence industrial base in Brazil and prevent and eliminate illicit trafficking in Receive preliminary request Assess request Authorise negotiations Receive export license request Receive and analyse documentation Issue opinion enforcement and security equipment, including, ‘Firearms (less than .50 or 12 GA or 12.7 mm)’, ‘incapacitating categories of equipment controlled by the regulation are provided in a list of defence products - Lista de Produtos de Defesa (LiPRODE) published by Secretaria de Produtos de Defesa (SEPROD). Under the rules of PNEIPRODE, the export of products included on the list are controlled in two stages. Firstly, companies are required to apply for authorization to enter into ‘preliminary negotiations’ (NegPrel) with foreign buyers155. These authorisations are valid for a period of two years from the date of issuance and may be Ministry of Defence electric weapons’ and ‘less lethal ammunition launchers equal to or greater than 40mm’154. Details of all Analyse and process request Authorise Export withdrawn at any time if the government determines that circumstances have changed156. Once a sale has been agreed, companies will then be permitted to apply for an export license (PEx). Within the framework of PNEIPRODE, the Ministry of Foreign Affairs is responsible for receiving and authorizing preliminary export negotiation requests for defence products, forwarding prior notification to the United Nations Security Council, when necessary, and identifying opportunities to promote Brazilian companies and products157. international import certificates, and analyzing the fulfilment of commitments assumed159. Finally, the Ministry of Defence is also responsible for defining and updating the LIPRODE160 and establishing administrative sanctions and penalties to be applied in the case of non-compliance with the regulation by exporters or importers161. The Ministry is also responsible for advising the Ministry of Defence concerning the appropriateness of particular When considering requests for preliminary negotiations and export licenses, the policy states that the Ministries transfers from the point of view of Brazil’s foreign relations. of Defence and Foreign Affairs should take into consideration a broad range of criteria. These include the Ultimate responsibility for deciding whether or not to grant export licenses lies with the Ministry of Defence158. According to the policy, the Ministry is responsible for assessing exports and imports of controlled goods from the perspective of ‘national defence and security, the preservation or transfer of indigenous technology and the promotion of the Defence Industrial Base’. Additional responsibilities of the Ministry of Defence under the policy include, “defining the parameters, standards and models to be adopted with regard to end-user and 56  existence of embargoes applied by the United Nations Security Council; the possibility that armaments may be used in acts of genocide, crimes against humanity or war crimes; the possibility of weapons being used to facilitate violations of human rights or international humanitarian law; and the risk that the weapons will be diverted. Furthermore, according to the text of the decree, all exports to private organizations abroad will only be allowed when they ‘offer guarantees considered legal and satisfactory by the Brazilian Government regarding the purpose of the import’162. At a minimum, these must include an end-user certificate (CUF)163 and 57