Guidance

Export controls: torture and capital punishment goods

Export controls on goods that can be used for torture or capital punishment.

From:
Export Control Joint Unit, Department for International Trade, and Department for Business and Trade
Published
15 August 2012
Last updated
1 January 2021 — See all updates

Goods are subject to export prohibitions or controls from the UK if they can be used for:

  • torture
  • capital punishment
  • cruel and inhuman or degrading treatment or punishment

These goods are controlled by the Torture Goods Regulations.

Goods controlled by the Torture Goods Regulations include drugs used in executions by lethal injection. The export of pancuronium bromide and propofol to the United States is also controlled under UK legislation.

Legislation

The overall framework of the strict controls on these goods has not changed.

In Great Britain, the following regulations apply:

Exports from Great Britain to EU member states may require a licence, depending on the type of goods.

In Northern Ireland, Regulation 2019/125 applies.

Exports from Northern Ireland to EU member states do not require a licence (except in specific circumstance). 

Exports from Northern Ireland to Great Britain require a licence.

Associated secondary legislation

Licensing, enforcement and penalties powers are in the Export Control Order 2008 (as amended).

How the Torture Goods Regulations affect exporters

Regulating trade in certain kinds of equipment

The Torture Goods Regulations list 3 categories of goods:

  • those which have no practical use other than for the purposes of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment
  • those that have legitimate law enforcement applications but could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment
  • those that could be used for the purpose of capital punishment

The export of the first category of goods is prohibited, except in specific circumstances.

The other 2 categories of items may be authorised by export licence.

Goods that are prohibited

Annex II of the Torture Goods Regulations lists goods which have no practical use other than for the purposes of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment.

Any export or import of these goods is prohibited. The supply of technical assistance in connection with these goods is also prohibited.

These goods include:

  • gallows and guillotines
  • electric chairs for the purpose of execution of human beings
  • airtight vaults
  • automatic drug injection systems
  • electric shock devices, thumb-cuffs, finger-cuffs, thumbscrews and finger-screws
  • bar fetters, leg restraints and gang chains
  • cuffs for restraining human beings
  • restraint chairs
  • shackle boards and shackle beds
  • cage beds
  • net beds
  • batons or truncheons with metal spikes
  • whips with multiple lashes or fitted with barbs, hooks or spikes

An exemption from this export prohibition can only be made if the goods are to be exhibited in a public display in a museum because of their historic significance. If this exemption applies, you will need an export licence, from the Department for International Trade (DIT).

Goods that require an export authorisation

You will need a licence from DIT to export the goods listed in Annex III and IV of the Torture Goods Regulations. The supply of brokering services and the supply of technical assistance in respect of the goods listed in Annex III or in Annex IV to the Torture Goods Regulations is also subject to authorisation.

Annex III of the Torture Goods Regulations lists goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, but also have legitimate applications, for example:

  • shackles and gang-chains, certain individual cuffs or rings
  • spit hoods
  • portable electric shock devices
  • devices for the purpose of riot control or self-protection by the administration or dissemination of an incapacitating chemical
  • certain pepper sprays

For the Torture Goods Regulations an export licence is not required for goods listed in Annex III when:

  • the goods only pass through the territory of the United Kingdom, i.e. goods which are not assigned a customs approved treatment or use other than the transit procedure within the meaning given by paragraph 5 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018, including storage of goods in a free zone
  • the export is to other countries, provided that the goods will be used by the military or civil personnel of the UK, if they are taking part in a UN peace-keeping or crisis management operation in the country concerned, or in an operation based on agreements between the UK and another country in the field of defence.

Annex IV of the Torture Goods Regulations lists goods that could be used for the purpose of capital punishment, but also have legitimate medical applications.

An export authorisation for goods listed in Annex IV is not required where the goods only pass through the territory of the UK, goods which are not assigned a customs approved treatment or use other than the transit procedure within the meaning given by paragraph 5 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018, including storage of goods in a free zone.

Export controls in relation to other regulatory controls for drugs

Exporters should be aware that other regulatory controls applying to the supply or export of these drugs are included under the Misuse of Drugs Act 1971 (as administered by the Home Office).

It is an exporter’s responsibility to ensure that all regulatory requirements are complied with and to apply for licences from all individual relevant regulatory authorities, as necessary.

Additional UK controls on drugs

Article 4A of the Export Control Order 2008 controls the export of the drugs pancuronium bromide and propofol to the USA.

Pancuronium bromide and propofol are included on the list of human and veterinary medicinal products that are prohibited for export to the USA when they are in a form suitable for injection, or for preparation of an injection.

Any person seeking to export these drugs from the UK to the USA requires an export licence issued by DIT.

A licence will be refused if the end use is execution or if we consider that there is an unacceptable risk that the drug will be diverted for use in execution. The control covers both direct and indirect export of products from the UK to the USA. The indirect control applies when the initial destination is not the USA, but the exporter knows that the goods will be re-exported, and that the ultimate destination is the USA.

Apply for an export licence

Check whether the goods you propose to export are controlled under these Regulations and whether they require a licence.

Apply for the appropriate licence using Export Control Joint Unit’s (ECJU) online export licensing system, SPIRE.

For the export of drugs controlled under Annex IV of the Torture Goods Regulation, check if your export is subject to other licensing requirements administered by either the Home Office, the Medicines and Healthcare Regulatory Agency (MHRA) or the Veterinary Medicines Directorate (VMD).

General Export Authorisation (GEA)

Article 20 of Torture Goods Regulation creates a General Export Authorisation (GEA), which has the same status as open general export licences (OGELs) issued under UK export control law.

The GEA is described in Annex V of the Torture Goods Regulations, and it can only be used for goods listed in Annex IV. This GEA has been retained in GB under the European Union (Withdrawal) Act 2018 and will continue to operate in UK law.

Part 3 of Annex V lists the conditions and requirements which you will need to satisfy to use the GEA. In order to meet the requirement for an end user declaration under Part 3(1)(f) of Annex V you should obtain the End user Undertaking (EUU) in the following format: GEA undertaking template (PDF, 149 KB, 3 pages).

Once you have determined that you can use this GEA, you can register for it on SPIRE. You must register to use the licence.

A GEA is not required for exports from Northern Ireland to the European Union of goods listed in Annex IV.

Standard Individual Export Licence (SIEL)

If your proposed export is to a destination not permitted under the GEA, you will need to apply for a Standard Individual Export Licence (SIEL).

You also need to apply for a SIEL when the export is to a destination permitted under the GEA, but you know that the ultimate destination is not permitted.

You can apply for a SIEL on SPIRE.

The completed application should be supported by an end-user undertaking (EUU), which should be from the end-user (signed by a director or company secretary you are exporting to) on their headed notepaper explaining:

  • from whom the goods have been ordered (the UK exporter)
  • to where and whom the goods are to be consigned
  • description and quantity of goods ordered
  • for what end-use the goods are intended and by whom
  • that the goods are not intended for re-export or re-transfer from the end-use destination
  • that the goods are not intended for use in carrying out of execution by lethal injection and will not be re-exported or otherwise sold or transferred if it is known or suspected they are or are likely to be used for such purposes

All applications for a SIEL will be assessed on a case-by-case basis.

Compliance checks

If you are granted a licence, you will be subject to compliance checks conducted by the ECJU Compliance Unit.

Find out more about compliance checks.

Contacts

ECJU helpline

General queries about strategic export licensing

Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY

Email exportcontrol.help@businessandtrade.gov.uk

Telephone 020 7215 4594

Home Office Drugs Licensing and Compliance Unit

Telephone: 020 7035 6330 (commercial applicants) or 020 7035 6300 (personal applicants)

Published 15 August 2012
Last updated 1 January 2021 + show all updates

  1. Updated guidance to include new legislation for exporting torture and capital punishment goods.

  2. We have updated this page to reflect the current legislation.

  3. Contact and other details for Open Individual Export Licence applications updated.

  4. First published.

Contents

Part of Export goods from the UK: step by step

  1. Step 1 Check if you need to follow this process

    Follow these steps if you're moving goods permanently from:

    • England, Wales or Scotland (Great Britain) to a country outside the UK
    • Northern Ireland to a country outside the UK and the EU

    What you need to do is different if you are:

    1. Learn about exporting, including making export plans, on great.gov.uk

  2. Step 2 Check the rules for exporting your goods

    1. Check duties, rules and restrictions for your goods in the destination country

  3. and Apply for any licences you need to export your goods

    There are special rules and you may need to get licences or certificates if you are exporting any of the following:

  4. Step 3 Get your business ready to export

    You need an EORI number that starts with GB to export goods from England, Wales or Scotland.

    If you move goods to or from Northern Ireland you may need one that starts with XI.

    1. Get an EORI number
    1. Check if you need to register for VAT

    There are processes that can make clearing customs quicker and easier to manage if you export goods regularly.

    1. Find out about using simplified declaration procedures
    2. Check if you can use Common Transit to move your goods
    3. Check if Authorised Economic Operator status is right for you

  5. and Check whoever's receiving the goods can import them

    The business or person receiving the goods to may need:

    • to make an import declaration in their country
    • licences or certificates to receive goods from the UK

    Check whoever you are sending the goods to is able to import them into their country.

  6. Step 4 Decide who will make export declarations and transport the goods

    You can hire someone to deal with customs and transport the goods for you, or you can do it yourself.

    1. Find out how to hire someone to deal with customs for you
    2. Find out how to make export declarations yourself
    3. Find out how to transport goods out of the UK by road

  7. Step 5 Classify your goods

    You must find the right commodity code to classify the goods you're exporting.

    Your customs agent or transporter might be able to help you with this.

    1. Find the right commodity code for your goods

  8. Step 6 Prepare the invoice and other documentation for your goods

    The completed invoice and any licences or certificates must travel with the goods.

    When filling in the value of your goods on the invoice, use the price you’re selling them for. If you're not selling the goods, use the market value of the goods. List any freight or export insurance you included in the price separately.

    You may need proof of origin if exporting to a country where your goods have a reduced or zero rate of duty.

    1. Get proof of origin for your goods

    You might be able to zero rate the goods for VAT. This means you can charge your customers VAT at 0%.

    1. Check if you can zero rate the goods for VAT

  9. Step 7 Get your goods through customs

    If you've appointed someone to deal with UK customs for you, they'll make the declaration and get your goods through the UK border.

    1. Make an export declaration and get your goods cleared by UK customs

    You may need other documentation to get your goods into the destination country. Ask the person or business buying your goods what information you need to provide.

    1. Check how to bring goods back into the UK if they were rejected for import at another country’s border

  10. Step 8 Keep invoices and records

    You must keep commercial invoices and any customs paperwork.

    If you're VAT registered, record the goods in your VAT accounts even if they are zero-rated.

    1. Find out how to record the goods in your VAT accounts

    If you exported controlled goods, for example firearms, keep the paperwork that shows who owns the goods.