167 tal-2006 - Regolamenti tal-2006 dwar il-Kontroll ta’ l-Importazzjoni u Esportazzjoni ta’ Oġġetti li jistgħu jintużaw għall-Piena Kapitali, Tortura jew Trattament jew Kastig ieħor Krudili, Inuman jew Degradanti

L.N. 167 of 2006

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Importation and Exportation Control of Goods which could be

used for Capital Punishment, Torture or other Cruel, Inhuman

or Degrading Treatment or Punishment Regulations, 2006

IN virtue of the powers vested in him by article 3(3) of the National

Interest (Enabling Powers) Act, the Prime Minister has made the

following regulations>

(1) The title of these regulations is the Importation and Citation and scope.

Exportation Control of Goods which could be used for Capital

Punishment, Torture or other Cruel, Inhuman or Degrading Treatment

or Punishment Regulations, 2006.

(2) These regulations implement the provisions of Council

Regulation (EC) No 1236#2005 of the 27th June, 2005 concerning trade

in certain goods which could be used for capital punishment, torture or

other cruel, inhuman or degrading treatment or punishment, hereinafter

referred to as “the Council Regulation”.

List of goods referred to in Regulations 2 and 4

Description

1. Goods designed for the execution of human beings, as follows

1.1. Gallows and guillotines

1.2. Electric chairs for the purpose of execution of human beings

1.3. Air-tight vaults, made of e.g. steel and glass, designed for the purpose of

execution of human beings by the administration of a lethal gas or substance

1.4. Automatic drug injection systems designed for the purpose of execution

of human beings by the administration of a lethal chemical substance

2. Goods designed for restraining human beings, as follows

2.1. Electric-shock belts designed for restraining human beings by the

administration of electric shocks having a no-load voltage exceeding

10 000 V

Note: This list does not cover medical-technical goods

(1)

In these regulations, unless the context otherwise Interpretation.

requires>-

“the Community” means the European Community<

“the Director” means the Director responsible for trade and

includes any officer designated or authorized by the Director to

act for a purpose or class of purposes of these regulations<

“export” means any departure of goods from the customs

territory of the Community, including the departure of goods that

requires a customs declaration and the departure of goods after

their storage in a free zone of control type I or free warehouse

within the meaning of Council Regulation (EEC) No 2913#92 of

the 12th October, 1992 establishing the Community Customs Code<

“import” means any entry of goods into the customs territory

of the Community, including temporary storage, the placing in a

free zone or free warehouse, the placing under a suspensive

procedure and the release for free circulation within the meaning

of Council Regulation (EEC) No 2913#92 of the 12th October 1992

establishing the Community Customs Code<

“Member State” means Member State of the European Union<

“museum” means a non-profit making, permanent institution

in the service of society and of its development, and open to the

public, which acquires, conserves, researches, communicates and

exhibits, for purposes of study, education and enjoyment, material

evidence of people and their environment<

“other cruel, inhuman or degrading treatment or punishment”

means any act by which significant pain or suffering, whether

physical or mental, is inflicted on a person, when such pain or

suffering is inflicted either by or at the instigation of, or with the

consent or acquiescence of, a public official or other person acting

in an official capacity. It does not, however, include pain or

suffering arising only from, inherent in or incidental to, lawful

penalties<

“person” means any natural or legal person<

“technical assistance” means any technical support related

to repairs, development, manufacture, testing, maintenance,

assembly or any other technical service, and may take forms such

as instruction, advice, training, transmission of working knowledge

or skills or consulting services. Technical assistance includes verbal

forms of assistance and assistance provided by electronic means<

“torture” means any act by which severe pain or suffering,

whether physical or mental, is intentionally inflicted on a person

for such purposes as obtaining from that person or from a third

person information or a confession, punishing that person for an

act that either that person or a third person has committed or is

suspected of having committed, or intimidating or coercing that

person or a third person, or for any reason based on discrimination

of any kind, when such pain or suffering is inflicted either by or at

the instigation of, or with the consent or acquiescence of, a public

official or other person acting in an official capacity. It does not,

however, include pain or suffering arising only from, inherent in

or incidental to, lawful penalties.

List of goods referred to in Regulation 5

Description

1. Goods designed for restraining human beings, as follows

1.1.

Restraint chairs and shackle boards

Note: This item does not control restraint chairs designed for disabled

persons.

1.2. Leg-irons, gang-chains, shackles and individual cuffs or shackle

bracelets

Note: This item does not control ‘ordinary handcuffs’. Ordinary handcuffs

are handcuffs which have an overall dimension including chain, measured

from the outer edge of one cuff to the outer edge of the other cuff, between

150 and 280 mm when locked and have not been modified to cause physical

pain or suffering.

1.3.

Thumb-cuffs and thumb-screws, including serrated thumb-cuffs

2. Portable devices designed for the purpose of riot control or self-

protection, as follows

2.1.

Portable electric shock devices, including but not limited to, electric

shock batons, electric shock shields, stun guns and electric shock dart guns

having a no-load voltage exceeding 10 000 V

Notes

1. This item does not control electric shock belts as described in item

2.1 of Annex II.

2. This item does not control individual electronic shock devices when

accompanying their user for the user’s own personal protection.

3. Substances for the purpose of riot control or self-protection and

related portable dissemination equipment, as follows

3.1. Portable devices for the purpose of riot control or self-protection by

the administration or dissemination of an incapacitating chemical substance

Note: This item does not control individual portable devices, even if

containing a chemical substance,

when accompanying their user for the user’s own personal protection.

3.2.

Pelargonic acid vanillylamide (PAVA) (CAS 2444-46-4)

3.3.

Oleoresin capsicum (OC) (CAS 8023-77-6)

(1) No person shall make any export of 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, listed in the First Schedule to these regulations,

irrespective of the origin of such goods.

(2) No person shall supply technical assistance related to

goods listed in the First Schedule to these regulations, whether for

consideration or not, from the customs territory of the Community, to

any person, entity or body in a third country.

(3) By way of derogation from sub-regulations (1) and (2)

hereof, an authorization may be issued by the Director for the export of

goods listed in the First Schedule to these regulations, and the supply of

related technical assistance, if it is demonstrated that, in the country to

which the goods will be exported, such goods will be used for the

exclusive purpose of public display in a museum in view of their historic

significance.

List of territories of Member States referred to in Regulation 5(2)

DENMARK

- Greenland

FRANCE

- New Caledonia and Dependencies

- French Polynesia

- French Southern and Antarctic Territories

- Wallis u Futuna Islands

- Mayotte

- St Pierre u Miquelon

GERMANY

- Büsingen

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

(1) No person shall make any import of goods listed in the Import prohibition.

First Schedule to these regulations, irrespective of the origin of such

goods.

(2) No person shall receive technical assistance related to

goods listed in the First Schedule to these regulations, supplied from a

third country, whether for consideration or not, by any person, entity or

body.

(3) By way of derogation from sub-regulations (1) and (2)

hereof, an authorization may be issued by the Director for the import of

goods listed in the First Schedule to these regulations, and the supply of

related technical assistance, if it is demonstrated that, such goods will

be used for the exclusive purpose of public display in a museum in

view of their historic significance.

(1) An authorization shall be required for the export of goods Export

authorization.

that could be used for the purpose of torture and other cruel, inhuman

or degrading treatment or punishment, listed in the Second Schedule to

these regulations, irrespective of the origin of such goods. However,

no authorization shall be required for goods which only pass through

the customs territory of the Community, namely those which are not

assigned a customs-approved treatment or use other than the external

transit procedure.

(2) Sub-regulation (1) hereof shall not apply to exports to

those territories of Member States which are both listed in the Third

Schedule to these regulations and are not part of the customs territory

of the Community, provided that the goods are used by an authority in

charge of law enforcement in both the country or territory of destination

and the metropolitan part of the Member State to which that territory

belongs. Customs or other relevant authorities shall have the right to

verify whether this condition is met and may decide that, pending such

verification, the export shall not take place.

(3) Sub-regulation (1) hereof shall not apply to exports to

third countries, provided that the goods are used by military or civil

personnel of a Member State, if such personnel is taking part in an

European Union or United Nations peace keeping or crisis management

operation in the third country concerned or in an operation based on

agreements between Member States and third countries in the field of

defence. Customs and other relevant authorities shall have the right to

verify whether this condition is met and may decide that, pending such

verification, the export shall not take place.

Any person in Malta, or any citizen or permanent resident of

Penalties for failure

Malta, whether in Malta or elsewhere, who>

(a)

contravenes any of these regulations, or

(b) contravenes any of the provisions of the Council

Regulation

shall be guilty of an offence and shall, on conviction, be liable to a term

of imprisonment not exceeding five years or to a fine (multa) not

exceeding fifty thousand liri.