Control on goods for torture etc.

The Regulation follows up on a number of UN conventions, declarations and resolutions within the field of human rights supported by the EU Member States. These conventions etc. stress the need for laying down rules on trade with third countries in order to prohibit exports and imports of equipment which has no practical use other than for the purpose of torture etc. and to impose controls on exports of certain goods which could be used not only for the purpose of torture etc. but also for legitimate purposes.

Entry into force
The Regulation entered into force on 30 July 2006.

What is regulated

• It is prohibited to export or import goods which have no practical use other than for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment and listed in Annex II to the Regulation irrespective of the origin of such equipment. The supply of technical assistance related to goods listed in Annex II is prohibited as well.
  
  
• It is prohibited to supply technical assistance related to goods listed in Annex II, whether for consideration or not, to any person, entity or body in third countries.
  
  
• An authorisation is required for any export of goods that could be used for the purpose of torture and other cruel, inhuman or degrading treatment or punishment but which also have another application and are listed in Annex III irrespective of the origin of such equipment.

Exemption
As an exemption an authorisation for export of goods listed in Annex II may be granted if it is demonstrated that the goods will be used for the exclusive purpose of public display in a museum.

Managing the Regulation
The Regulation is managed jointly by the Danish Enterprise and Construction Authority under the Ministry for Economic and Business Affairs and the Ministry of Justice:

• The Danish Enterprise and Construction Authority is responsible for the control of goods included in Annex II and Annex III, No 1. of the Regulation.
  
  
• The Ministry of Justice is responsible for the control of goods included in Annex III, No 2. and 3.

Applications for the export of goods controlled under the Regulation shall be made on a special application/authorisation form. The form is available through the competent authority.

Webcontent manager: Dorthe Gjedsted Robdrup