Goods that could be used to inflict capital punishment or torture - Import/export licence

This page was last modified on 29-03-2017

It is prohibited to import/export any goods having no practical application other than to inflict capital punishment, torture or other cruel, inhumane or degrading treatment. However, an exception may be made for a public museum exhibit.

Goods that may only potentially be used to these ends may be exported if authorised by an export licence.

In Luxembourg, these import/export licences are issued by the Licensing Office on behalf of the Commission administrative belgo-luxembourgeoise (CABL).

Forms / Online services

Carry out your procedure:

  • By downloading a form

    • Exportation ou importation de biens susceptibles d'être utilisés à des fins de torture

Who is concerned

All operators (whether natural or legal persons) must request a licence/authorisation:

  • to export or import goods whose sole application is to inflict capital punishment or torture out of or into the European Union (public museum exhibit only);
  • to export goods that could be used to inflict capital punishment or torture out of the European Union.

Goods whose sole application is to inflict capital punishment or torture

It is prohibited to import into the EU or export out of the EU any goods having no practical application other than to inflict capital punishment, torture or other cruel, inhumane or degrading treatment, whatever their origin.

However, the Licensing Office may allow these items to be imported or exported only so that they may be included in a public museum exhibit owing to their historical significance.

Goods whose sole application is to inflict capital punishment or torture are listed in Appendix I of the Grand-Ducal regulation of 22 June 2012.

Providing technical assistance concerning these goods in a third country or receiving said assistance in Luxembourg is prohibited.

Goods that could be used to inflict capital punishment or torture

The Licensing Office may authorise the export of goods that could be used to inflict capital punishment or torture on a case-by-case basis if it considers that there is no reason to believe that these goods could be used by an oppressive government or any natural or legal person in a third country for the purposes of torture or to inflict cruel, inhumane or degrading punishment or treatment.

Goods that could be used to inflict capital punishment or torture are listed in Appendix II of the Grand-Ducal regulation of 22 June 2012.

No export authorisation is required for Appendix II goods destined for:

  • the following Overseas Countries and Territories (OCT), provided that the goods concerned are used by an authority responsible for law enforcement:
    • Denmark: Greenland;
    • France: New Caledonia and dependencies, French Polynesia, French Southern and Antarctic Lands, Wallis and Futuna, Mayotte, and Saint Pierre and Miquelon;
    • Germany: Büsingen.
  • non-EU countries if these goods are used by civilian or military personnel from an EU Member State participating in an EU or UN peacekeeping or crisis management operation in the country concerned.
No export authorisation is required for Appendix II goods that are only passing through the EU customs territory, including where goods from EU countries are deposited in a free-trade zone or free warehouse.

Prerequisites

Firstly, the applicant has to know the precise tariff classification of goods (CN, TARIC) of the goods concerned.

The operator can find this information as follows:

Duration and deadlines

Import/export licences are normally granted within 3 working days provided that all necessary documentation has been provided.

In principle, the licences are valid for several shipments provided that the indicated quantities are not exceeded. The validity period granted varies. It is normally from 3 to 12 months and may be extended by a maximum of 12 months.

How to proceed

Goods whose sole application is to inflict capital punishment or torture

In order to export/import goods designed to inflict capital punishment or torture for a museum exhibit, the exporter/importer must send the original, signed copy of an export/import authorisation request for goods that could be used to inflict torture to the Licensing Office.

The Licensing Office reserves the right to request any additional documentation useful for considering the request.

Goods that could be used to inflict capital punishment or torture

In order to export goods that could be used to inflict capital punishment or torture, the exporter must send the original, signed copy of an export/import authorisation request for goods that could be used to inflict torture to the Licensing Office, accompanied by the following documents:

  • an explanatory letter;
  • a copy of the purchase/sale contract;
  • a copy of the invoice (or pro forma invoice);
  • an end-use certificate, where applicable.

Using the licence

The operator must present the license to customs at the time of the export declaration/import declaration for the goods concerned.

Customs will stamp the licence and:

  • return it to the operator if the indicated quantities have not yet been used up;
  • or send it back to the Licensing Office if the quantities have been used up or if the validity date has expired.

The operator must send their licences back to the Licensing Office:

  • when the planned transactions have been concluded;
  • or within 10 days after the end of their validity date (even if they have not been used or only partially used).

 

Who to contact

Ministry of the Economy
19-21, boulevard Royal
L-2449 - Luxembourg
Postal box BP 113 / L-2011 Luxembourg
Luxembourg
Phone: (+352) 22 61 62
Fax: (+352) 46 61 38
Email office.licences@eco.etat.lu