NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC)

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NATIONAL CONVENTIONAL ARMS CONTROL
COMMITTEE(NCACC)

• Introductory Briefing to the PCD
• 02 September 2009

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INTRODUCTION

• On 20 August 2009, the PCD requested to have an
  introductory meeting with the NCACC.
• In response to the request, the NCACC has
  prepared this presentation in order to address
  the following aspects
• Introduction of the NCACC.
• Provide a brief overview of the functioning of
  the NCACC.
• How the NCACC is dealing with its support
  capacity.
• What the new NCACC has done since assuming
  office.

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NCACCs LEGISLATIVE FRAMEWORK AND MANDATE

• The NCACC is established in terms of Sec 2 of
  the NCAC Act which forms the basis for the
  NCACCs existence and operation.
• The Mandate of the NACCC is to regulate the
  development, manufacture, trade and transfer of
  conventional arms in South Africa.
• The Act also establishes supporting structures.
• The Act provides for detailed functions of the
  NCACC.
• Over and above this, the NCACC administers the
  Regulation of Foreign Military Assistance Act
  (RFMA) and the Prohibition of Mercenary
  Activities Act.

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COMPOSITION OF THE NCACC

• The NCACC is a Cabinet Committee sui generis
  appointed specifically by the President.
• The NCACC comprises of 8 Cabinet Ministers and 3
  Deputy Ministers.
• By law (Sec 5) the positions of Chairperson and
  Deputy Chairperson are held by Cabinet Ministers
  who do not have line function interests in the
  conventional arms business.

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• The current members of the NCACC are as follows
• Min J.T. Radebe, Chairperson.
• Min G.M. Pandor, Deputy Chairperson.
• Min L.N. Sisulu.
• Min M.E. Nkoana-Mashabane.
• Min R. H. Davies.
• Min B.A. Hogan.
• Min S. Cwele.

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• Min N. Mthethwa.
• Deputy Min E.I. Ebrahim.
• Deputy Min T.S. Makwetla.
• Deputy Min N.M. Nene.

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STRUCTURES OF THE NCACC

• For the NCACC to deliver on its mandate, the
  following structures are established under the
  NCACC
• Directorate Conventional Arms Control to provide
  the Secretariat and Administrative support (Sec
  8).
• The Inspectorate to look after matters of
  compliance (Sec 9).
• Sub Committee to make recommendations to the
  NCACC (Sec 7-Subcommittee)
• Over and above these structures, the NCACC is
  supported by various government departments and
  agencies which, inter alia, include the SAPS,
  DOD, DICO, NIA, SASS, DTI, NPA and Customs.

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FUNCTIONING OF THE NCACC

• The NCACC meets on monthly basis to consider arms
  transfer applications lodged by the defence
  industry with the Secretariat.
• In deciding on these applications, the NCACC
  considers, a whole range of factors as provided
  for in Section 15 of the Act (Guiding
  Principles).
• On the basis of its consideration, the NCACC
  either Approves or Denies permit applications.
• The NCACC reserves the right to withdraw issued
  permits on grounds it deems appropriate.
• In order to facilitate trade, the NCACC delegates
  some its powers particularly to the Secretariat.
  (Sec 11).
• The Secretariat executes the decisions of the
  NCACC.

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KINDS OF PERMITS

• Kinds of Permits issued by the NCACC
• Registration Permits to be recognized as a
  manufacturer and trader.
• Marketing Permits.
• Contracting Permits to enter into a contract.
• Export Permits (Temporary Permanent).
• Import (Temporary Permanent).
• Transit /Conveyance.

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NCACC RELATIONS WITH OTHER AGENCIES

• The NCACC functions as part of a wider govt
  system of Arms Control.
• Other agencies of govt involved in arms control
  are
• The SAPS Firearms Registry which administers the
  Firearms Control Act iro commercial firearms.
• The Non-Proliferation Council that administers
  the Non Proliferation Act iro of WMD materials
  and equipment.
• The Firearms Registry seeks the NCACC
  authorisation if certain set thresholds are
  reached (i.e. 10 per type or 20 000 rounds of
  ammunition.
• Items that have properties that lend themselves
  to both the NCACC and the NPC are subjected to
  double controls.

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CATERGORISATION OF WEAPONS

• Is the tool used to understand the lethality of
  an equipment and these are
• Category A. Comprising sensitive major
  conventional implements of war that could cause
  heavy personnel casualties and/or major damage
  and destruction to materiel, structures, objects
  and facilities. Examples are fighter aircraft,
  submarines, explosives, missiles, bombs,
  artillery guns, tanks, weapons with a calibre of
  12,7mm (0, 5 inch) and larger, etc.
• Category B. Comprising all types of handheld and
  portable assault weapons of a calibre smaller
  than 12,7mm (0,5 inch). Examples are assault
  rifles, machine guns, ammunition for the weapons,
  etc.

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• Category C. Comprising all support equipment
  usually employed in the direct support of combat
  operations that have no inherent capability to
  kill or to destruct. Examples are radio
  transceivers, radars, unmanned air vehicles,
  simulators, etc.
• Category D. Comprising all purposely designed
  de-mining, mine clearing and mine detection
  equipment and all non-lethal pyrotechnical and
  riot control products. Examples are mine
  detectors, riot control agents, flares, etc.
•  
• Category E. Comprising all those armaments and
  related products that are not allowed to be sold.
  Examples are anti-personnel mines, incendiary
  weapons, laser weapons, etc.
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• Category G. Comprising all purposely built
  armaments manufacturing equipment, plants,
  facilities and test ranges for the manufacture,
  development, maintenance, test, upgrade and
  refurbishment of armaments products. As well as
  all purposely-developed techniques and services,
  other than contractual after-sales service, that
  has a relevance to the development, use,
  maintenance, assistance and advice in relation to
  armaments and related products.

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REPORTING OBLIGATIONS

• The NCACC reports to the following institutions
• Cabinet .
• Parliament
• United Nations.

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CHALLENGES

• In the period under review, the NCACC had to deal
  with the following challenges
• Unexpected exponential growth of the defence
  industry business which had an impact on the
  administrative capacity of the NCACC (120 (1996)
  800 (2008)).
• Handling of the information that the NCACC deals
  with in terms of access, confidentiality and
  risk.
• Realignment of the defence industry business
  through cross -atlantic mergers, acquisition and
  partnerships.

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DEALING WITH CHALLENGES

• The NCACC is dealing with the challenges in the
  following manner
• Reviewing its Administrative Support with a view
  to drastically increase its capacity to attend to
  all standing obligations.
• Processed through Parliament amendments to the
  NCAC Act for purposes of dealing effectively with
  many matters including
• Mergers and Acquisitions.
• Promoting access to info with due regard to all
  applicable sensitivities.
• Facilitating defence industry trade whilst
  promoting responsibility and accountability.

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WHAT THE NEW NCACC HAS DONE

• The new NCACC was appointed by the President to
  take effective office on 21 July 2009.
• Held 4 meetings already (i.e. 29 July, 04 August,
  05 August and 27 August 2009).
• Effectively dealt with backlog that has arisen.
• Considered and decided on Contracting Permits to
  the value of R 12,6 billion.
• The full details of these Contracts authorized by
  the NCACC will be provided in the NCACC reports
  compiled in line with the requirements of Section
  23 of the Act.

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• Thank You