DISARMAMENT AND NONPROLIFERATION

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National Conventional Arms Control Committee
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GOVERNMENTS POLICY ON ARMS CONTROL

• A primary goal of Democratic South Africa's
  policy is to reinforce and promote South Africa
  as a responsible producer, possessor and trader
  of defence-related products and advanced
  technologies in the nuclear, biological, chemical
  and missile fields.
• South Africa in so doing promotes the benefits
  which disarmament, non-proliferation, and arms
  control hold for international peace and
  security, not only for countries in Africa and
  the Non-Aligned Movement (NAM) but also for
  developed countries.

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GOVERNMENTS POLICY TOWARDS NON-PROLIFERATION,
DISARMAMENT ARMS CONTROL

• Democracy, human rights, sustainable development,
  social justice and environmental protection
• Be an active participant in the various
  non-proliferation regimes and suppliers groups
• Adopt positions publicly supporting disarmament
  and the non-proliferation with the goal of
  promoting international peace and security
• Use its position as a member of the suppliers
  regimes and of the Africa Group and the
  Non-Aligned Movement to promote the importance of
  disarmament and non-proliferation

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International Commitmentsre Conventional Weapons

• Convention on Prohibitions or Restrictions on the
  Use of Conventional Weapons which may be Deemed
  to be Excessively Injurious or to have
  Indiscriminate Effects (CCW)
• Convention on the Prohibition of the Use,
  Stockpiling, Production and Transfer of
  Anti-Personnel Mines and on Their Destruction
• United Nations Programme of Action to Prevent,
  Combat and Eradicate the Illicit Trade in Small
  Arms and Light Weapons in All Aspects
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International Commitmentsre Conventional Weapons

• The SADC Protocol on the Control of Firearms,
  Ammunition and Other Related Materials
• Missile Technology Control Regime (MTCR)
• The Hague Code of Conduct against Ballistic
  Missile
• Proliferation (HCOC)

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Areas of Government Control

• Conventional Arms and Services
• Rendering of Foreign Military Assistance
• Firearms, Ammunition, Explosives and Teargas
• Weapons of Mass Destruction and Dual-use items
• Nuclear Materials and Related Technology

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National Arms Control Legislation, Control
Structures Responsible Department
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National Arms Control Legislation, Control
Structures Responsible
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NATIONAL ARMS CONTROLACT NO 41 OF 2002

• To establish the National Conventional Arms
  Control Committee
• To ensure compliance in respect of arms control
• To ensure the implementation of a legitimate,
  effective and transparent control process
• To foster national and international confidence
• To provide for guidelines and criteria to be used
  when assessing applications for permits
• To ensure adherence to international treaties and
  agreements
• To ensure proper accountability in the trade in
  conventional arms
• To provide for an Inspectorate

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National Conventional Arms Control Committee
(NCACC)

• Chairperson
• Minister of Defence
• Minister of Foreign Affairs
• Minister of Trade and Industry
• Minister of Water Affairs and Forestry
• Minister of Public Enterprise
• Safety and Security

• Minister of Science and Technology
• Minister of Intelligence Services
• Deputy Ministers
• Defence
• Foreign Affairs
• Finance

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Inspectorate

• Accountable only to the NCACC
• The object of the Inspectorate is to ensure
• (a) that trade in conventional arms is conducted
  in compliance with this Act
• (b) that the internal regulatory processes of
  the Committee are complied with

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Functions of the Committee

• The Committee must-
• establish processes and structures necessary for
  effective control of trade in conventional arms
• establish guidelines, structures and processes
  necessary for the scrutiny and assessment of an
  application for the issue of a permit
• where necessary, liaise with relevant Government
  agencies regarding the enforcement of this Act
• authorise or refuse the issue of any permit
  contemplated in section 14
• ensure that the conditions under which a permit
  is issued are complied with
• keep a register in the prescribed form of persons
  involved in trade in conventional arms
• keep a register of every permit issued
• issue reports as specified in section 23.

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Criteria Guiding Arms Transfers

• Assess each application on a case-by-case basis
• Safeguard the national security interests of the
  Republic and those of its allies
• Avoid contributing to internal repression,
  including the systematic violation or suppression
  of human rights and fundamental freedoms
• Prevent the transfer of any military and/or
  material, equipment or technologies that could be
  used for the development of weapons of mass
  destruction to countries proliferation concern
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Criteria Guiding Arms Transfers

• Avoid transfers of conventional arms that are
  likely to contribute to the escalation of
  regional military conflicts, endanger peace by
  introducing destabilising military capabilities
  into a region or otherwise contribute to regional
  instability
• Take account of calls for reduced military
  expenditure in the interests of development and
  human security
• Avoid contributing to terrorism and crime
• Adhere to international law, norms and practices
  and the international obligations and commitments
  of the Republic, including United Nations
  Security Council arms embargoes
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Criteria Guiding Arms Transfers

• Consider the conventional arms control system of
  the recipient country and its record of
  compliance with end-user certificate
  undertakings, and avoid the export of
  conventional arms to a government
• Take into account the inherent right of
  individual and collective self-defence of all
  sovereign countries in terms of the United
  Nations Charter
• Avoid the export of conventional arms that may be
  used for purposes other than the legitimate
  defence and security needs of the government of
  the country of import

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Conventional Arms

• (a) weapons, munitions, explosives, bombs,
  armaments, vessels, vehicles and aircraft
  designed or manufactured for use in war, and any
  other articles of war
• (b) any component, equipment, system, processes
  and technology of whatever nature capable of
  being used in the design, development,
  manufacture, upgrading, refurbishment or
  maintenance of anything contemplated in paragraph
  (a)
• (c) dual-use goods

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Dual-use Goods

• Products, technologies, services or other goods
  which, besides their normal use and application
  for civilian purposes, can also be used for the
  furtherance of general military capability
• The list of Conventional Arms was promulgated
  by notice in the Gazette (Wassenaar Arrangement
  Munitions and Dual-Use List)

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Brokering Services

• Means acting as an agent in negotiating or
  arranging a contract, purchase, sale or transfer
  of conventional arms or a services for a
  commission, advantage or cause, whether
  financially or otherwise.
• Facilitating the transfer of documentation,
  payment, transportation or freight forwarding, or
  any combination of the aforementioned, in respect
  of any transaction relating to buying, selling or
  transfer of conventional arms.

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Control Over Conventional Arms And Provision Of
Service

• No person may trade in conventional arms unless
  that person is registered with the secretariat
  and in possession of a permit authorised by the
  Committee and issued by the secretariat.

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Regulatory Control of Trade in Conventional Arms

• Registration
• Authorisation to develop and manufacture
  conventional arms render related services
• Authorisation to market specified products and
  services
• Authorisation to enter into an agreement to
  supply a particular product or service to a
  person registered in a foreign country
• Authorisation to transfer conventional arms
  across national borders
• Authorisation for internal transfers, utilisation
  and the destruction of conventional arms

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Permit Types

• Armaments Development Manufacturing and Services
  Permit
• Marketing Permit
• Contracting Permit
• Export Permit
• Multiple Dual-Use Export
• Multiple Repair Export / Import
• Import Permit
• Conveyance (Transit) Permit
• Internal Transfers

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Procedural Responsibilities
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End User Criteria

• Legislation Requirements
• End user statements
• Verification
• Authentication
• Apostille
• Delivery Verification

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Transparency

• The Committee must
• Ensure compliance with the annual reporting
  requirements of the United Nations Register of
  Conventional Arms
• Make quarterly reports to the Cabinet and a
  committee of Parliament
• Present to Parliament and release to the public
  an annual report on all conventional arms exports
  concluded during the preceding calendar year

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Industry Compliance

• The company policy
• Internal procedures
• Individual responsibility
• Continuation training

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• The End