2. ADDITIONAL PROVISIONS COVERING EXECUTION TECHNOLOGIES States should introduce measures to: • Prevent and prohibit the transfer of equipment which has no practical use other than the infliction of the death penalty. Brokering, transport, financial, insurance and advertising services in relation to such equipment, related technical assistance and training by state party nationals or companies should be prohibited, irrespective of the origin of such goods. • Regulate and license the export and transit of certain pharmaceutical chemicals to ensure that they are not transferred for use in lethal-injection executions in states still applying the death penalty. States parties’ action should not limit the trade of such chemicals for legitimate medical, veterinary or other purposes. • Establish a list of prohibited equipment which should include the categories specified in Annex 3, and a list of controlled pharmaceutical chemicals as specified in Annex 4. These two lists should be regularly reviewed and updated, in order to consider changes in the development, production, trade and use of such goods. 3. ADDITIONAL ELEMENTSFOR AN INTERNATIONAL INSTRUMENT The previous two sections outlined the basic essential elements for an effective national legal framework. They also provide the core essential elements for any regional or universal instrument in this area. However, for such instruments to function effectively, they would also require the following additional measures to facilitate effective multilateral action against the trade in the ‘tools of torture’. Furthermore, if it is determined that such regional or universal instrument will include execution technologies within their scope, a separate protocol to this effect should be developed. ANTI-UNDERCUTTING MEASURES A denial notification and consultation mechanism should be established in order to discourage and prevent undercutting (where one state allows the transfer of essentially identical goods to an end user in a third country that another state had previously refused to authorize). Under this any state which denies a transfer authorization or annuls an existing authorization shall notify all other states parties together with the reasons for such action. Any state considering granting an essentially identical transaction to one that had been denied in the previous three years should consult the original denying state. If after such consultations the state still decides to grant authorization it shall immediately inform all states parties and explain the reasons for its decision. URGENCY PROCEDURE States should take immediate steps to halt the export of any equipment, related technical assistance or of training not listed in the Annexes of controlled and prohibited goods, when the state has reasonable grounds to believe that such equipment, technical assistance or training has no practical use other than for the purposes of torture or other ill-treatment or capital punishment, or would be used for such purposes by the intended or likely end user. In addition, the relevant state should inform all other states parties of their actions so that they are made immediately aware of these developments and can take appropriate measures. ENDING THE TORTURE TRADE THE PATH TO GLOBAL CONTROLS ON THE ‘TOOLS OF TORTURE’ Amnesty International | Omega Research Foundation 33