Briefing Paper: Use of Tools of Torture in OSCE participating States In the US, the Export Administration Act of 1979 controls various types of law enforcement equipment which are set out in the Commerce Control List. Under this instrument the level of control applicable to different types of equipment varies. For example, body worn electric shock equipment’s inclusion in ECCN 0A982 of the Commerce Control List means that a license is required for export to all destinations other than Canada regardless of end use. However, there is no stated policy of presumption of denial in place. A stricter degree of control is exerted over “’Specially Designed’ implements of torture” (including, for example, thumbcuffs and spiked batons – see ECCN 0A983), the export of which requires a licence for all destinations and a stated policy of presumption of denial of applications is in place.57 Although Omega considers both of these instruments as examples of good practice, both still contain weaknesses and loopholes which require rectifying to strengthen and broaden the controls. This demonstrates how challenging it is to ensure trade controls keep pace with technological innovation and patterns of use and abuse of law enforcement equipment. Nonetheless, these instruments may help to inform the improvement of existing control regimes and the creation of new ones, though it is also vital to take into account the particular challenges facing different regions and countries. 57 See Bureau of Industry and Security, Export Administration Regulations, 19 January 2017, §742.11. 16