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DISARMAMENT AND NONPROLIFERATION

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Title: DISARMAMENT AND NONPROLIFERATION


1
National Conventional Arms Control Committee
2
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.

3
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

4
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
  • Continue on next slide

5
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)

6
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

7
National Arms Control Legislation, Control
Structures Responsible Department
8
National Arms Control Legislation, Control
Structures Responsible
9
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

10
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

11
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

12
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.

13
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
  • continue on next page

14
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
  • continue on next page

15
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

16
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

17
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)

18
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.

19
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.

20
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

21
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

22
Procedural Responsibilities
23
Continue on next page
24
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25
End User Criteria
  • Legislation Requirements
  • End user statements
  • Verification
  • Authentication
  • Apostille
  • Delivery Verification

26
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

27
Industry Compliance
  • The company policy
  • Internal procedures
  • Individual responsibility
  • Continuation training

28
  • The End
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