• License on a case-by-case basis the transfer of law enforcement equipment and related services. The relevant license authorization should be issued only upon the provision of a detailed application from the prospective exporter that includes an end-use certificate or other official written assurance from the intended recipient detailing the nature and volume of goods, end user and nature of the intended use. • Ensure that the evaluation of transfer applications incorporates an assessment of the risk that the law enforcement equipment and services will be used for torture or other ill-treatment or will be diverted. The evaluation should, at a minimum, take into account relevant judgments of international courts and information provided by international, regional and national bodies regarding the use and regulation of law enforcement and related services by the proposed end users. In addition, the evaluation may also consider other relevant information, including available national court judgements, reports prepared by civil society organizations and information relating to the use, misuse and regulation of law enforcement equipment and services in the country of destination. • Ensure that the transfer authorization is withheld when there are reasonable grounds for believing that the law enforcement equipment and services applied for will be used for torture or other illtreatment or the goods will be diverted. • Amend, suspend or revoke the authorization of an ongoing transfer where there are reasonable grounds for believing that the law enforcement equipment and services being transferred, have been, are being or risk being used for torture or other ill-treatment; or where the diversion of such equipment and goods is likely. • Maintain full records of all applications and licensing decisions (that is, authorizations or denials) for the transfer of law enforcement equipment and services for a period of five years. • Publish in a timely manner an annual report containing meaningful information on the volume, value, description, destination and end user for law enforcement equipment and related services to enable appropriate oversight by elected representatives, civil society and independent bodies. • Take all appropriate measures necessary to enforce these national laws and regulations to ensure they are fully implemented, including through the introduction of effective, proportionate and dissuasive penalties for their infringement. “Amnesty International and the Omega Research Foundation support the creation of a global, legally-binding instrument to regulate the trade in torture and death penalty goods.” 32 ENDING THE TORTURE TRADE THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’ Amnesty International | Omega Research Foundation