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CM/Rec(2021)2
1.5. Member States should ensure that advertising of equipment and goods referenced in
paragraph 1.3 by any means, including information communication technologies and the internet,
television, radio, in the print media and at trade fairs, is prohibited.
1.6. Provision of technical assistance related to any of the prohibited goods and equipment,
including any technical support related to the repair, development, manufacture, testing,
maintenance, assembly or any other technical service should be prohibited, except for procedures
dedicated to conservation and preservation in museums. Such assistance may take the form of
instruction, advice, training activities and the transmission of knowledge or skills. In addition,
training in the use of any prohibited goods and equipment should be forbidden.
1.7. Member States should ensure that effective, proportionate and dissuasive sanctions exist for
activities in breach of the prohibitions referred to in paragraphs 1.2, 1.5 and 1.6.
2.
Measures regarding the export and transit of certain pharmaceutical chemicals
2.1. Member States should regulate and license the export and transit of certain pharmaceutical
chemicals to ensure that they are not transferred for use in lethal injection executions in States still
applying the death penalty. Member States’ action should not limit the trade in such chemicals for
medical, veterinary or other legitimate purposes.
2.2. Regulation should include those pharmaceutical chemicals listed in Appendix 2 and the list
should be regularly reviewed, and, if appropriate, updated, in order to take account of changes in
the production, trade in and use of such chemicals.
2.3. Member States should ensure that effective, proportionate and dissuasive sanctions exist for
activities in breach of the regulations referred to in paragraph 2.1.
3.
Measures regarding the trade in law-enforcement goods and equipment
3.1. Member States should establish effective national export and transit control measures with
respect to law-enforcement goods and equipment that can have a legitimate function when used in
a manner consistent with international and regional human rights standards and other relevant
standards on the use of force, but which may be misused by law enforcement and other officials to
inflict torture and other inhuman or degrading treatment or punishment. Such measures may
include:
3.1.1. controlling the export and transit of such goods and equipment through a licensing
system, as provided for in paragraph 3.2;
3.1.2. establishing a list of controlled goods and equipment which should at least include
the categories specified in Appendix 3. The list should be regularly reviewed in order to take
account of changes in the development and in the nature of the use of such goods and
equipment, as well changes in their international markets;
3.1.3. controlling the provision of technical assistance and training in the use of goods and
equipment referred to in paragraph 3.1.2;
3.1.4. controlling the provision of brokering services related to goods and equipment
referred to in paragraph 3.1.2;
3.1.5. ensuring that effective, proportionate and dissuasive sanctions exist for activities in
breach of the control measures set out in paragraphs 3.1.1, 3.1.3 and 3.1.4.
3.2. Member States should establish effective national measures on licensing the goods and
equipment referenced in paragraph 3.1, such as:
3.2.1. licensing, on a case-by-case basis, the export of goods and equipment referred to in
paragraph 3.1.2. The relevant licence authorisation should be issued only upon the
provision of a detailed application from the prospective exporter that includes an end-use
certificate or equivalent official written assurance from or about the intended recipient
detailing the nature and volume of goods, the end-user and the nature of the intended use.
A licence is not required for exports to third countries if the goods and equipment are to be
used by military or civil personnel of a member State that is taking part in a peacekeeping
or crisis management operation of the United Nations or a regional organisation in the third