I 
108TH CONGRESS 
1ST SESSION H. R. 3541
To provide authority to prevent human rights violations by controlling certain 
exports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 20, 2003
Mr. LANTOS introduced the following bill; which was referred to the 
Committee on International Relations 
A BILL 
To provide authority to prevent human rights violations by 
controlling certain exports, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 As-
sembly adopted the Convention Against Torture and 
Other Cruel, Inhuman, or Degrading Treatment or
Punishment. The United States ratified the Conven-
tion in 1994, which defines torture as acts delib-
erately perpetrated by or with the approval of gov-
ernment officials, which are designed to inflict ex-
treme physical or psychological suffering. 
(2) Torture has devastating, long-term con-
sequences, not only for survivors, but also for their 
families, friends, and communities. Survivors’ rela-
tionships 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 en-
forcement purposes can be misused to suppress free-
dom and commit human rights violations, particu-
larly in countries where police authorities are used 
to monitor and harass human rights activists, oppo-
sition 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 des-
ignated 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 tor-
ture’’ 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
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations 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 equip-
ment 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 At-
lantic 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 fol-
lowing 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 instru-
ments. 
(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 deter-
mines that the government of that country, and, if 
applicable, any group supported by or acting on be-
half 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 sub-
section (a), the Secretary, with the concurrence of the Sec-
retary of State, may approve the export of any item to 
which subsection (a) applies if the Secretary of State de-
termines 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 appro-
priate 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 des-
tinations: 
(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 se-
vere 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 develop-
ment 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 Reg-
ister. 
SEC. 8. EXPORT LICENSE REVIEW. 
(a) CONSULTATION.—In addition to the Secretary of 
State, the Secretary shall ensure that the head of all ap-
propriate 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 li-
cense application to export crime control or detection 
instruments or equipment shall be made in concur-
rence 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 review-
ing proposed export licenses under paragraph (1).
Æ