Import of torture goods
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The import of torture goods is either prohibited, or subject to a prior ministerial authorisation, or not restricted at all if certain conditions are met. The type of restriction is dependent on the concerned category of torture goods.
Any application for authorisation must be submitted to OCEIT by using the application form (French, Pdf, 480 Kb) made available. The application will be processed within 60 working days from the day the file is complete. The individual authorisation is valid for 1 year, the global authorisation is valid for 3 years, renewable.
Who is concerned?
Any importer who wishes to import goods which have no practical use other than for the purposes of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment (Annex II of Regulation 2019/125) must obtain an authorisation if the import is made for the purpose of public display in a museum in view of their historic significance. Import of such goods for any other purpose is prohibited.
Prohibitions
The import of goods which have no practical use other than for the purposes of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment (Annex II of Regulation 2019/125) is prohibited, irrespective of the origin of these goods. The import of such goods may however be authorised if the importer demonstrates that such goods will be used for the exclusive purpose of public display in a museum in view of their historic significance.
No prohibition or restriction applies to the import of goods that could be used for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (Annex III of Regulation 2019/125) and goods that could be used for the purpose of capital punishment and that have been approved and actually used for capital punishment by one or more third countries that have not abolished capital punishment (Annex IV of Regulation 2019/125).
The import of leg irons and gang chains is prohibited.
The import of portable electric shock devices is prohibited, except where they are carried by their user for the user's personal protection.
Prerequisites
Preliminary steps
In order to be able to submit the application electronically, the importer must first make an express request (on free paper or by email) to OCEIT and get their approval.
Costs
Neither the application for authorisation (French, Pdf, 480 Kb) nor the issuance of the import authorisation by OCEIT shall give rise to the levying of any taxes or fees.
How to proceed
Submitting the application
Importers must submit their application for an individual or global authorisation to OCEIT using the application form (French, Pdf, 480 Kb).
The application must be submitted by post or electronically (if the importer has previously obtained OCEIT’s approval).
The application (or the declaration) must be signed by a person authorised to commit the applicant. By this signature, the applicant certifies the accuracy of the information provided in the application and that of the content of any documents attached to it. They undertake as well to provide the goods concerned with a destination in accordance with their application.
Supporting documents
The supporting documents to be attached to the application for an individual or global authorisation are the following:
- detailed explanatory letter of the operation;
- invoice / proforma invoice;
- sales agreement;
- Air Way Bill (AWB);
- international import certificate, or another official document issued by the competent authorities of the country of final destination of the good (where such a certificate has been issued at the request of the exporting third country);
- recent extract from RCS (less than 3 months).
Deadlines for reply
Any application for an individual or global authorisation shall be acknowledged by OCEIT.
In case of an incomplete application, the applicant will be informed of the need to provide additional documents and any consequences for the period for processing the application.
The application for authorisation will be processed within 60 working days of the day on which the file is complete.
This 60-day period may be extended for a maximum of 30 working days. The extension and its duration will be duly reasoned and notified by OCEIT before the expiry of the initial period.
In the absence of a reply within the period provided for, the application for authorisation can be considered as rejected.
Duration of validity
Authorisations are valid:
- 1 year for individual authorisations, renewable for a period of 6 months;
- 3 years for global authorisations, renewable for a period of 18 months.
Obligations
Importers must transmit the obsolete authorisation in their possession to OCEIT, at the latest 10 working days after the expiry date.
Importers must report the loss of any authorisation documents to OCEIT.
Importers must comply with the special conditions contained in the authorisation.
Importers must keep detailed and complete registers of operations carried out pursuant to the authorisation. These registers must contain the commercial documents, such as invoices, manifests, transport documents or other shipping documents, showing the following information:
- the description of the goods and their references in the applicable list or nomenclature;
- the quantity and value of the imported products;
- the dates of import;
- the name and address of the exporter and the recipient, depending on the case;
- the end-use and end-user of the goods.
Importers must keep these registers for a period of 10 years from the end of the calendar year in which the transaction took place. They must present them to the ministers at their request during that period.
Importers must provide, without delay, at the first request of the ministers or OCEIT, the elements and documents necessary to verify the conformity of the operation carried out or foreseen.
Litigation
Should the authorisation be denied, a legal action may be lodged, by an Avocat à la Cour, against the administrative decision within the period of 3 months from the date of the notification of the administrative decision to the person concerned.
Sanctions
A prohibition (limited to 6 months or definite) or another restriction to carry out one or more activities, and/or the suspension for a maximum period of 6 months from the use of a general European Union or national authorisation, or a global authorisation, and/or a penalty payment (which cannot be higher than EUR 1,250 per day, but cannot exceed EUR 25,000 in total) may be pronounced against anyone who:
- refuses to provide the documents or other information requested of them by the ministers or OCEIT;
- provides the ministers or OCEIT with documents or other information that is found to be incomplete or false;
- impedes the exercise of the powers of the ministers or OCEIT;
- does not follow the orders of the ministers or OCEIT.
May be punished by an imprisonment of 5 to 10 years and/or a fine of EUR 25,000 to EUR 1,000,000, anyone who is importing goods that could be used for the purpose of capital punishment, torture or any other cruel, inhuman or degrading treatment or punishment, without having been granted the required authorisation or without respecting the prohibition applicable to the operation.
May be punished by an imprisonment of 6 months to 5 years and/or a fine of EUR 7,500 to EUR 75,000, anyone who:
- fails to keep the registers or does not keep them during the period of 10 years (starting with the end of the calendar year during which the operation took place);
- fails to present the registers at the first request of the ministers;
- omits, repeatedly or significantly, to fill in one or more of the mandatory information in the registers;
- provides, in the context of an application for authorisation, information that is false or incomplete;
- does not fulfil the commitments made in the declarations of use and applications for authorisation submitted to the ministers;
- fails to provide information within the time limits and in the manner set out.
Review of the file
The ministers may, at any time, withdraw, suspend for a period not exceeding 90 days or restrict the use of the authorisations they have issued.
Such a review may happen in exceptional circumstances justifying urgent measures, for reasons of protection of the essential security interests of the State, for reasons of public order or national or external security, such as transport safety, storage safety, the risk of diversion, the prevention of crime, or for non-compliance with the conditions specified in the authorisation.
Online services and forms
Who to contact
General Directorate for the Promotion of Foreign Trade and Investments (Office for Export, Import and Transit Controls - formerly the Licensing Office)
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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
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Loi modifiée du 27 juin 2018
relative au contrôle des exportations
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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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