IMPORTATION AND EXPORTATION CONTROL OF GOODS WHICH COULD BE USED FOR CAPITAL PUNISHMENT, TORTURE OR OTHER CRUEL,

SUBSIDIARY LEGISLATION 653.06

IMPORTATION AND EXPORTATION CONTROL OF

GOODS WHICH COULD BE USED FOR CAPITAL

PUNISHMENT, TORTURE OR OTHER CRUEL,

INHUMAN OR DEGRADING TREATMENT OR

PUNISHMENT REGULATIONS

4th August, 2006

LEGAL NOTICE 167 of 2006, as amended by Legal Notice 425 of 2007.

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

Exportation Control of Goods which could be used for Capital

Punishment, Torture or other Cruel, Inhuman or Degrading

Treatment or Punishment Regulations.

(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

IMPORTATION AND EXPORTATION CONTROL OF GOODS WHICH

COULD BE USED FOR CAPITAL PUNISHMENT, TORTURE OR OTHER

CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

(1)

In these regulations, unless the context otherwise

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)

IMPORTATION AND EXPORTATION CONTROL OF GOODS WHICH

COULD BE USED FOR CAPITAL PUNISHMENT, TORTURE OR OTHER

CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

(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, 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 subregulations (1) and (2), an

authorization may be issued by the Director for the export of goods

listed in the First Schedule, 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

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

First Schedule, irrespective of the origin of such goods.

(2) No person shall receive technical assistance related to

goods listed in the First Schedule, supplied from a third country,

whether for consideration or not, by any person, entity or body.

(3) By way of derogation from subregulations (1) and (2), an

authorization may be issued by the Director for the import of goods

listed in the First Schedule, 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 that could be used for the purpose of torture and other cruel,

inhuman or degrading treatment or punishment, listed in the

Second Schedule, irrespective of th e 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) Subregulation (1) shall not apply to exports to those

territories of Member States which are both listed in the Third

Schedule 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) Subregulation (1) 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 U nion o r United N ations p eace 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 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 one hundred and sixteen thousand and four hundred

and sixty-eight euro and sixty-seven cents (116,468.67).