Definition of torture goods
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Certain goods could be used for the purpose of capital punishment or for the purpose of torture and other cruel, degrading or inhuman treatment or punishment. Their export, import, transit and the provision of accessory services (brokering, technical assistance) are subject to restrictions.
These goods can be classified in 4 categories:
1 - Goods which have no practical use other than for the purposes of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment
These goods are listed in Annex II of Regulation 2019/125.
CN Code |
Description |
|
1. Goods designed for the execution of human beings, as follows: |
ex 4421 90 97 ex 8208 90 00 |
1.1. Gallows, guillotines and blades for guillotines |
ex 8543 70 90 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00 |
1.2. Electric chairs for the purpose of execution of human beings |
ex 9406 00 38 ex 9406 00 80 |
1.3. Airtight 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 |
ex 8413 81 00 ex 9018 90 50 ex 9018 90 60 ex 9018 90 84 |
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 which are not suitable for use by law enforcement authorities to restrain human beings, as follows: |
ex 8543 70 90 |
2.1. Electric shock devices which are intended to be worn on the body by a restrained individual, such as belts, sleeves and cuffs, designed for restraining human beings by the administration of electric shocks |
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 |
2.2. Thumb-cuffs, finger-cuffs, thumbscrews and finger-screws Note: This item includes both serrated and non-serrated cuffs and screws |
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
2.3. Bar fetters, weighted leg restraints and gang chains comprising bar fetters or weighted leg restraints Notes: 1. Bar fetters are shackles or ankle rings fitted with a locking mechanism, linked by a rigid bar which is typically made of metal 2. This item includes bar fetters and weighted leg restraints which are linked to ordinary handcuffs by means of a chain |
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
2.4. Cuffs for restraining human beings, designed to be anchored to a wall, floor or ceiling |
ex 9401 61 00 ex 9401 69 00 ex 9401 71 00 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00 |
2.5. Restraint chairs: chairs fitted with shackles or other devices to restrain a human being Note: This item does not prohibit chairs only fitted with straps or belts |
ex 9402 90 00 ex 9403 20 20 ex 9403 20 80 ex 9403 50 00 ex 9403 70 00 ex 9403 81 00 ex 9403 89 00 |
2.6. Shackle boards and shackle beds: boards and beds fitted with shackles or other devices to restrain a human being Note: This item does not prohibit boards and beds only fitted with straps or belts |
ex 9402 90 00 ex 9403 20 20 ex 9403 50 00 ex 9403 70 00 ex 9403 81 00 ex 9403 89 00 |
2.7. Cage beds: beds comprising a cage (four sides and a ceiling) or similar structure enclosing a human being within the confines of the bed, the ceiling or one or more of the sides of which are fitted with metal or other bars, and which can only be opened from outside |
ex 9402 90 00 ex 9403 20 20 ex 9403 50 00 ex 9403 70 00 ex 9403 81 00 ex 9403 89 00 |
2.8. Net beds: beds comprising a cage (four sides and a ceiling) or similar structure enclosing a human being within the confines of the bed, the ceiling or one or more sides of which are fitted with nets, and which can only be opened from outside |
|
3. Portable devices which are not suitable for use by law enforcement authorities for riot control or self-protection purposes, namely: |
ex 9304 00 00 |
3.1. Batons or truncheons made of metal or other material having a shaft with metal spikes |
ex 3926 90 97 ex 7326 90 98 |
3.2. Shields with metal spikes |
|
4. Whips as follows: |
ex 6602 00 00 |
4.1. Whips comprising multiple lashes or thongs, such as knouts or cats o'nine tails |
ex 6602 00 00 |
4.2. Whips having one or more lashes or thongs fitted with barbs, hooks, spikes, metal wire or similar objects enhancing the impact of the lash or thong |
2 - Goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment
These goods are listed in Annex III of Regulation 2019/125.
These are goods which are primarily used for law enforcement purposes and goods which, taking into account their design and technical features, present a material risk of use for torture or other cruel, inhuman or degrading treatment or punishment.
CN Code |
Description |
|
1. Goods designed for restraining human beings, as follows: |
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
1.1. Shackles and gang chains Notes: 1. Shackles are restraints consisting of two cuffs or rings fitted with a locking mechanism, with a connecting chain or bar 2. This item does not control the leg restraints and gang chains prohibited by item 2.3 of Annex II of Regulation 2019/125. 3. This item does not control ‘ordinary handcuffs’ Ordinary handcuffs are handcuffs which meet all the following conditions:
|
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
1.2. Individual cuffs or rings fitted with a locking mechanism, having an inside circumference exceeding 165 mm when the ratchet is engaged at the last notch entering the locking mechanism Note: This item includes neck restraints and other individual cuffs or rings fitted with a locking mechanism, which are linked to ordinary handcuffs by means of a chain |
ex 6505 00 10 ex 6505 00 90 ex 6506 91 00 ex 6506 99 10 ex 6506 99 90 |
1.3. Spit hoods: hoods, including hoods made of netting, comprising a cover of the mouth which prevents spitting Note: This item includes spit hoods which are linked to ordinary handcuffs by means of a chain |
|
2. Weapons and devices designed for the purpose of riot control or self-protection, as follows: |
ex 8543 70 90 ex 9304 00 00 |
2.1. Portable electric discharge weapons that can target only one individual each time an electric shock is administered, including but not limited to electric shock batons, electric shock shields, stun guns and electric shock dart guns Notes: 1. This item does not control electric shock belts and other devices covered by item 2.1 of Annex II of Regulation 2019/125 2. This item does not control individual electronic shock devices when accompanying their user for the user's own personal protection |
ex 8543 90 00 ex 9305 99 00 |
2.2. Kits containing all essential components for assembly of portable electric discharge weapons controlled by item 2.1 Note: The following goods are considered to be essential components:
|
ex 8543 70 90 ex 9304 00 00 |
2.3. Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks |
3. Weapons and equipment disseminating incapacitating or irritating chemical substances for the purpose of riot control or self-protection and certain related substances, as follows: |
|
ex 8424 20 00 ex 8424 89 00 ex 9304 00 00 |
3.1. Portable weapons and equipment which either administer a dose of an incapacitating or irritating chemical substance that targets one individual or disseminate a dose of such substance affecting a small area, e.g. in the form of a spray fog or cloud, when the chemical substance is administered or disseminated Notes : 1. This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union 2. This item does not control individual portable equipment, even if containing a chemical substance, when accompanying their user for the user's own personal protection 3. In addition to relevant chemical substances, such as riot control agents or PAVA, the goods controlled by items 3.3 and 3.4 shall be deemed to be incapacitating or irritating chemical substances |
ex 2924 29 98 |
3.2. Pelargonic acid vanillylamide (PAVA) (CAS RN 2444-46-4) |
ex 3301 90 30 |
3.3. Oleoresin capsicum (OC) (CAS RN 8023-77-6) |
ex 2924 29 98 ex 2939 99 00 ex 3301 90 30 ex 3302 10 90 ex 3302 90 10 ex 3302 90 90 ex 3824 90 97 |
3.4. Mixtures containing at least 0,3 % by weight of PAVA or OC and a solvent (such as ethanol, 1-propanol or hexane), which could be administered as such as incapacitating or irritating agents, in particular in aerosols and in liquid form, or used for manufacturing of incapacitating or irritating agents Notes: 1. This item does not control sauces and preparations therefor, soups or preparations therefor and mixed condiments or seasonings, provided that PAVA or OC is not the only constituent flavour in them. 2. This item does not control medicinal products for which a marketing authorisation has been granted in accordance with European Union law. |
ex 8424 20 00 ex 8424 89 00 |
3.5. Fixed equipment for the dissemination of incapacitating or irritating chemical substances, which can be attached to a wall or to a ceiling inside a building, comprises a canister of irritating or incapacitating chemical agents and is activated using a remote control system Note: In addition to relevant chemical substances, such as riot control agents or PAVA, the goods controlled by items 3.3 and 3.4 shall be deemed to be incapacitating or irritating chemical substances |
ex 8424 20 00 ex 8424 89 00 ex 9304 00 00 |
3.6. Fixed or mountable equipment for the dissemination of incapacitating or irritating chemical agents that covers a wide area and is not designed to be attached to a wall or to a ceiling inside a building Notes: 1. This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union. 2. This item also controls water cannons. 3. In addition to relevant chemical substances, such as riot control agents or PAVA, the goods controlled by items 3.3 and 3.4 shall be deemed to be incapacitating or irritating chemical substances. |
3 – Goods that could be used for the purpose of capital punishment and have been approved or actually used for capital punishment by one or more third countries that have not abolished capital punishment
These goods are listed in Annex II of Regulation 2019/125.
CN Code |
Description |
|
1. Products which could be used for the execution of human beings by means of lethal injection, as follows: |
|
1.1. Short and intermediate acting barbiturate anaesthetic agents including, but not limited to: |
ex 2933 53 90 [a) to f)] ex 2933 59 95 [g) and h)] |
a) amobarbital (CAS RN 57-43-2); b) amobarbital sodium salt (CAS RN 64-43-7); c) pentobarbital (CAS RN 76-74-4); d) pentobarbital sodium salt (CAS RN 57-33-0); e) secobarbital (CAS RN 76-73-3); f) secobarbital sidium salt (CAS RN 309-43-3); g) thiopental (CAS RN 76-75-5); h) thiopental sodium salt (CAS RN 71-73-8), also known as thiopentone sodium. |
ex 3003 90 00 ex 3004 90 00 ex 3824 90 96 |
Note: This item also controls products containing one of the anaesthetic agents listed under short or intermediate acting barbiturate anaesthetic agents. |
4 – Other goods which could be used for the purposes of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment
These are:
- leg irons;
- gang chains;
- portable electric shock devices;
- handcuffs which have an overall dimension including chains, measured from the outer edge of one cuff to the outer edge of the other cuff, exceeding 240 mm when locked.
The Combined Nomenclature (CN) is a classification tool for goods, set up to meet the requirements of the Common Customs Tariff. The CN code is a subdivision of the nomenclature and consists of an 8-digit number. To find the CN code:
Excluded goods:
Who to contact
General Directorate for the Promotion of Foreign Trade and Investments (Office for Export, Import and Transit Controls - formerly the Licensing Office)
-
Ministry of the Economy Office for Export, Import and Transit Control (OCEIT)
- Address:
- Bâtiment "Mansfeld", 9, rue du Palais de Justice L-1841 Luxembourg Luxembourg
Related procedures and links
Procedures
Links
Legal references
-
Règlement UE 2019/125 du Parlement européen et du Conseil du 16 janvier 2019
concernant le commerce de certains biens susceptibles d'être utilisés en vue d'infliger la peine capitale, la torture ou d'autres peines ou traitements cruels, inhumains ou dégradants
-
Loi modifiée du 27 juin 2018
relative au contrôle des exportations
-
Règlement grand-ducal modifié du 14 décembre 2018 relatif au contrôle des exportations
Les modifications de ce règlement sont consultables sur Legilux en cliquant sur le symbole "modifié par" dans la page de publication du règlement grand-ducal du 14 décembre 2018
- Avis officiel conformément à l'article 35, alinéa 2 de la loi modifiée du 27 juin 2018 relative au contrôle des exportations
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