Omega Research Foundation
riot control equipment, gas masks, dyes, ‘propellant cartridges’, handcuffs and raw materials
and components for the production of tear gas devices. These licenses remain suspended
and no further authorisations have been granted ‘for the export of products which could be
used in internal repression’.239 However, information on the licensed production agreement
between Falken and CAVIM on the CAVIM website makes no reference to this suspension
and it is not clear if the licensed production of tear gas has been affected in any way. While
the Spanish authorities suspended licenses for the export of raw materials and components
for the production of tear gas devices in 2014, it is possible that CAVIM continues to use
Falken S.A. technology. Unless adequately controlled, licensed production agreements could
be used to evade export controls, even when the awarding of licenses to the destination
country has been suspended.
Picture of coloured
smoke grenades. Cavim
website240
Omega contacted the Spanish authorities to address the concerns outlined above. Spanish law does
not control the signing of licensed production agreements.241 It does control the transfer of
components, technology and production techniques. However, the re-export of goods produced
outside of Spain under licensed production agreements involving Spanish companies are not
controlled by the Spanish authorities.
Article 3.16 of Law 53/2007242 defines licensed production and article 8 sets out the reasons for which
export authorisations can be denied, suspended or revoked, including when there are indications that
equipment could be used for internal repression or human rights violations. Article 2(1) of Royal
Decree 679/2014,243 regulating Law 53/2007, provides that activities including the ‘transfer of
material antidisturbios y armas de caza y tiro deportivo, año 2014,’ <http://www.comercio.gob.es/esES/comercio-exterior/estadisticas-informes/PDF/INFORMEESTAD%C3%8DSTICAS2014.pdf> [accessed 1 June
2016], p. 78.
239
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.
240
CAVIM, ‘FALKEN S.A’ <http://www.cavim.com.ve/index.php/alianzas/falken> [accessed 1 June 2016].
241
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.
242
Law 53/2007 of 28 December, on the control of the foreign trade in defence and double-use equipment.
243
Royal Decree 679/2014 of 1 August 2014 establishing the control Regulation on external trade in defence
material, other material and dual-use items and technologies.
54
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