article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Implements of Torture Export Control Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1984, the United Nations General Assembly adopted the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. The United States ratified the Convention in 1994, which defines torture as acts deliberately perpetrated by or with the approval of government officials, which are designed to inflict extreme physical or psychological suffering. (2) Torture has devastating, long-term consequences, not only for survivors, but also for their families, friends, and communities. Survivors' relationships with others suffer greatly because of the distrust and sense of alienation from humanity that the torture has engendered. (3) Amnesty International reports that there are over 117 countries in the world which engage in or condone torture. It is estimated that over 500,000 victims of foreign governmental torture live in the United States. (4) Mechanical restraints, such as handcuffs, leg irons, shackles, and thumbcuffs, are some of the most widely used security devices; they are also widely abused as implements of torture. (5) Equipment designed for legitimate law enforcement purposes can be misused to suppress freedom and commit human rights violations, particularly in countries where police authorities are used to monitor and harass human rights activists, opposition political figures, and others and where there are political or free expression ``crimes''. (6) Many devices intended for crime control purposes, such as electro-shock discharge devices, are especially susceptible to abuse as implements of torture. SEC. 3. DEFINITIONS. In this Act: (1) Major non-nato allies.--The term ``major non-NATO ally'' means any country designated as a major non-Nato ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k). (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Act of torture.--The term ``act of torture'' means any act committed by a person acting under the color of law that is specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to a lawful sanction) upon another person within the custody or physical control of the person performing the act. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House and the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs of the Senate. SEC. 4. LICENSING OF CRIME CONTROL EQUIPMENT. (a) In General.--Except as provided in subsection (b), crime control and detection instruments and equipment shall not be approved for export by the Secretary except pursuant to an individual export license. (b) Exception.--Subsection (a) shall not apply to exports to any country that is a member of the North Atlantic Treaty Organization or is a major non-NATO ally. SEC. 5. LIMITATION ON EXPORTS. (a) In General.-- (1) Country restriction.--The Secretary shall not approve the export to a country of the following items if the government of that country, or any group supported by or acting on behalf of that government, as determined by the Secretary of State, has repeatedly engaged in acts of torture: (A) Crime control and detection instruments. (B) Equipment especially susceptible to abuse as implements of torture. (2) Determination by the secretary of state.--The Secretary may not permit the export to any country of any item to which paragraph (1) applies unless and until the Secretary of State determines that the government of that country, and, if applicable, any group supported by or acting on behalf of that government, has not repeatedly engaged in acts of torture for the 12-month period preceding the date of the application to export the item. (b) End-User Exception.--Notwithstanding subsection (a), the Secretary, with the concurrence of the Secretary of State, may approve the export of any item to which subsection (a) applies if the Secretary of State determines that the end user of the item proposed for export has not engaged in acts of torture. (c) Notification.-- (1) Determinations under subsection (a)(2).--The Secretary of State shall, not later than 5 days after a determination under subsection (a)(2) is made, report that determination to the appropriate congressional committees. (2) Licenses under subsection (b).--If an export license is approved under subsection (b), the Secretary and the Secretary of State shall, within 5 days after the granting of the export license, notify the appropriate congressional committees of the identity of the end-user and the determination made by the Secretary of State under that subsection with respect to the end user. SEC. 6. PROHIBITION ON EXPORT. Notwithstanding any other provision of this Act, the export of the following items shall be prohibited to all destinations: (1) Any leg irons, handcuffs, and thumbcuffs that have sharp or serrated edges. (2) Saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body. (3) Electroshock stun belts. (4) Items specially designed as implements of torture. (5) Batons or clubs fitted with spikes or other hard protuberances. (6) Components produced for incorporation into these items and the technology used for the development or production of these items. SEC. 7. ESTABLISHMENT OF CONTROL LIST. The Secretary shall establish and maintain, with the concurrence of the Secretary of State, a list of-- (1) crime control and detection instruments; and (2) equipment especially susceptible to abuse as implements of torture. The Secretary shall publish the list in the Federal Register. SEC. 8. EXPORT LICENSE REVIEW. (a) Consultation.--In addition to the Secretary of State, the Secretary shall ensure that the head of all appropriate agencies are fully consulted before an individual export license is granted under section 4. (b) Role of Secretary of State.-- (1) Review of license.--Any determination by the Secretary to approve or deny an export license application to export crime control or detection instruments or equipment shall be made in concurrence with the recommendations of the Secretary of State. (2) Review within the department of state.--The Secretary of State shall ensure that the responsible official of the Bureau of Democracy, Human Rights and Labor is fully involved in reviewing proposed export licenses under paragraph (1).
summary: Implements of Torture Export Control Act of 2004 - Prohibits the Secretary of Commerce from approving crime control and detection instruments and equipment for export (except to any North Atlantic Treaty Organization (NATO) member or major non-NATO ally) unless pursuant to an individual export license. Prohibits the Secretary from approving the export of such instruments, and any equipment especially susceptible to abuse as implements of torture, to any country if its government, or any group supported by or acting on behalf of that government, has repeatedly engaged in acts of torture during the 12-month period preceding the date of the application to export the item. Authorizes the Secretary, notwithstanding such prohibitions, to approve the export of any such item if the Secretary of State determines that the end user has not engaged in acts of torture. Prohibits the export to all destinations of: (1) any leg irons, handcuffs, and thumbcuffs with sharp or serrated edges; (2) saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body; (3) electroshock stun belts; (4) items specially designed as implements of torture; (5) batons or clubs fitted with spikes or other hard protuberances; and (6) components produced for incorporation into these items and the technology used for the development or production of these items. Requires the Secretary shall establish and publish in the Federal Register a list of crime control and detection instruments, and equipment especially susceptible to abuse as implements of torture. Requires the Secretary to: (1) ensure that all appropriate agency heads are fully consulted before an individual export license for such an item is granted; and (2) approve or deny an export license application for such instruments or equipment only in concurrence with the recommendations of the Secretary of State.