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NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC)
2013 ANNUAL REPORT
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INTRODUCTION The NCACC thanks the Joint Standing Committee on Defence for this Invitation The NCACC wishes to correct the matter of outstanding 2013 Report(s) The 2013 Annual Report was submitted to Parliament on 03 April 2014 The record of the Joint Standing Committee on Defence record should reflect the correct status, as there is no outstanding 2013 Report
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COMPOSITION OF THE COMMITTEE
The Committee is appointed by the President in terms of s5 of the NCAC Act The Cabinet Committee is Sui Generis The Committee may not be chaired by (a) Minister(s) with a line responsibility interest in trade in conventional arms s5(3) A member must vacate office if: s4(a-c) Member resigns Member is removed from office by the Pres.ident
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NCACC 2013 MEMBERS MINISTERS DEPUTY-MINISTERS
Min. J.T. Radebe - Chairperson Min G.N. Pandor – Deputy Chair Min. N. Mapisa-Nqakula Min. M. Nkoana-Mashabane Min. R.H. Davies Min. S. Cwele Min. N. Mthethwa DM N. Nene DM T.S.P. Makwetla
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INTERNATIONAL LEGAL FRAMEWORK
Treaties – based on International Public Law, which is Legally Binding Conventions – based on International Common Law, through accepted practice which is morally and persuasively Binding International Interest Group Arrangement(s)
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Treaties and Conventions
Certain Conventional Weapons (CCW) with amended Protocol II – Conventional Arms Arms Trade Treaty (ATT) – Conventional Arms Biological, Chemical Weapons Control -BCTC Wassenaar Arrangement (WA) – Conventional Arms and Dual Use Controlled Items Nuclear Non-Proliferation Treaty (NPT) weapons of Mass destruction
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PILLARS OF SA ARMS CONTROL
RSA GOVERNMENT NCACC ACT NON PROLIFERATION ACT FIRE ARMS CONTROL ACT & EXPLOSIVES ACT DOD DTI SAPS
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LEGISLATIVE IMPERATIVE
The National Conventional Arms Control Act Act 41 of 2002 (as amended) (primary Act) Act 73 of 2008 (current Act after amendment) The National Conventional Arms Control Act also frames the: Regulation of Foreign Military Assistance Act (RFMA), Act 15 of 1998 Prohibition of Mercenary Activities and Regulation of Certain Activities in an area of Armed Conflict Act – Act 27 of 2006
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POLICY IMPERATIVES The Act captures the Object as being:
To ensure compliance with Govt. policy in respect of arms control To implement a legitimate, effective and transparent control process To provide for an inspectorate to ensure compliance with the provisions of the Act Protection of Economic and Security Interests Foster National and International confidence for control over trade in conventional arms
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TIERS OF DECISION MAKING
NCACC Cabinet Committee - Sui Generis SCRUTINY COMMITTEE Review Departments DOD; DIRCO; DTI; SAPS; SSA; DEFENCE INTELLIGENCE
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SCRUTINY COMMITTEE (SC)
Established in terms of s7(1-9) The SC is chaired by the Secretary for Defence as Director-General of the Department of Defence Members are Senior Government Officials Scrutinize and Recommend decisions to the NCACC
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SECRETARIAT Directorate for Conventional Arms Control
Established in terms of s8 of the Act Serves as the Secretariat of the National Authority for Licencing, the NCACC Nodal Interface Point with the South African Defence Industry
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INSPECTORATE Directorate: Inspectorate and Audit
Established in terms of s9 and is accountable to the Committee, in terms of s9(1)(a) Object of the Inspectorate s9(2) (a-b) Ensure that the conduct in Conventional Arms Control is in compliance with the Act Ensure that Internal regulatory Processes of the Committee are complied with Inspectorate must consist of persons appointed by the Minister
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SAFEGUARDS ON TRANSFERS
The Guiding Principles and Criteria of s15: UN Security Council Resolutions (Arms Embargo) Governance – Politics, Human Rights Regional Dynamics – Stability Risk of Diversion – Proliferation (Non State Actors) National Interest – Security, Political & Economic
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SAFEGUARDS ON TRANSFERS
The receiving country must provide the NCACC with various undertakings (letters) s16 End-User Certificate (EUC) s17 Routine Inspections must be condected s18 Entry and Search of Premises with warrant s19 Disclosure and Non disclosure of information s23
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Content of Report (s23) Report(s) must be presented to Parliament.
Quarterly and Annually (Cabinet and Parliament) Content of Report is prescribed by law s23(2) The Report must reflect the following: Controlled Items regulation statistics; Exports authorised; Imports authorised; Conveyances authorised The Report has to comply with the UN Conventional Arms Register (UNCAR) UNCAR has Categories
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REPORTING CYCLES Statistics done on Calendar not Financial Year
During 1st Quarter of current year, the Annual Report of past calendar year is compiled During the 2nd Quarter of Year, the 1st Quarterly Report of current year is compiled The Report to the UN is also compiled in Q2, report needs approval by Parliament before submission to UN. DIRCO reports to the UN on behalf of RSA
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2013 ANNUAL STATISTICS CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED
APPENDIX A CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED IMPORTS AUTHORISED CONVEYANCE AUTHORISED
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2013 ANNUAL STATS AMOUNT/ VALUE REGISTRATIONS 131 MARKETING 8
CONTRACTING Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 288 R79, 852,867,918.00 70 EXPORT Value Permits Authorised No Countries Authorised 2057 R3,153,996,885.00 83 DESCRIPTION
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2013 STATS …..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 2110 R169,478,282.00 73 CONVEYANCE Number of Permit(s) Authorised 3
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2013 QUARTERLY STATS CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED
APPENDIX B CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED IMPORTS AUTHORISED CONVEYANCE AUTHORISED
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2013 Q1 STATS AMOUNT/ VALUE REGISTRATIONS 2 MARKETING CONTRACTING
CONTRACTING Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 58 1 R6,730,600,927.00 31 EXPORT Value Permits Authorised No Countries Authorised 147 R894,138,785.00 34 DESCRIPTION
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2013 Q1 STATS …..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 162 R107,765,306.00 27 CONVEYANCE Number of Permit(s) Authorised
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2013 Q2 STATS AMOUNT/ VALUE REGISTRATIONS 35 MARKETING 6 CONTRACTING
Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 106 2 R50,721,774,713.00 56 EXPORT Value Permits Authorised No Countries Authorised 597 R1,764,713,240.00 62 DESCRIPTION
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2013 Q2 STATS …..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 618 R153,371, 42 CONVEYANCE Number of Permit(s) Authorised
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2013 Q3 STATS AMOUNT/ VALUE REGISTRATIONS 27 MARKETING CONTRACTING
CONTRACTING Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 116 4 R14,282,171,421.00 46 EXPORT Value Permits Authorised No Countries Authorised 596 R1,129,209,271.00 55 DESCRIPTION
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2013 Q3 STATS …..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 556 R696,920,363.00 39 CONVEYANCE Number of Permit(s) Authorised 2
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2013 Q4 STATS AMOUNT/ VALUE REGISTRATIONS 40 MARKETING 2 CONTRACTING
Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 10 1 R6,361,171,502.00 65 EXPORT Value Permits Authorised No Countries Authorised 595 R1,809,409,278.00 54 DESCRIPTION
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2013 Q4 STATS…..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 482 R184,109,178.00 46 CONVEYANCE Number of Permit(s) Authorised
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NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC)
2014 ANNUAL REPORT
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INTRODUCTION This presents an opportunity to present the 2014 NCACC Annual Report The NCACC will present 2014 Annual Report in full for the sake of completeness
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COMPOSITION OF THE COMMITTEE
Appointed by the President in terms of s5 of the NCAC Act The Cabinet Committee is Sui Generis The Committee may not be chaired by (a) Minister(s) with a line responsibility interest in trade in conventional arms s5(3) Member must vacate office if: s4(a-c) Member resigns Removed from office by the President
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NCACC CURRENT MEMBERS MINISTERS DEPUTY-MINISTERS DM E.R.K. Maphatsoe
Min. J.T. Radebe - Chairperson Min G.N. Pandor – Deputy Chair Min. N. Mapisa-Nqakula Min. M. Nkoana-Mashabane Min. R. Davies Min. M.D. Mahlobo Min. N.P.T. Nhleko Min. L Brown DM E.R.K. Maphatsoe DM L.T. Landers DM M.H. Jonas
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INTERNATIONAL LEGAL FRAMEWORK
Treaties – based on International Public Law, which is Legally Binding Conventions – based on International Common Law, which is morally Binding International Interest Group Arrangement(s)
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Treaties and Conventions
Certain Conventional Weapons (CCW) with amended Protocol II – Conventional Arms Chemical Weapons Control (CWC) regulation of Chemical and Biological Weapons Biological, Chemical Weapons -BCW Wassenaar Arrangement (WA) – Conventional Arms and Dual Use Controlled Items Nuclear Non Proliferation Treat (NPT) regulates weapons of Mass destruction
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PILLARS OF SA ARMS CONTROL
RSA GOVERNMENT NCACC ACT NON PROLIFERATION ACT FIRE ARMS CONTROL ACT & EXPLOSIVES ACT DOD DTI SAPS
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LEGISLATIVE IMPERATIVE
The National Conventional Arms Control Act Act 41 of 2002 (as amended) (primary Act) Act 73 of 2008 (current Act after amendment) The National Conventional Arms Control Act also frames the: Regulation of Foreign Military Assistance Act (RFMA), Act 15 of 1998 Prohibition of Mercenary Activities and Regulation of Certain Activities in an area of Armed Conflict Act – Act 27 of 2006
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POLICY IMPERATIVES The Preamble of the Act captures the Object of the Act, being: To ensure compliance with Govt. policy in respect of arms control To implement a legitimate, effective and transparent control process To provide for an inspectorate to ensure compliance with the provisions of the Act Protection of Economic and Security Interests Foster National and International confidence for control over trade in conventional arms
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LEVELS OF DECISION MAKING
NCACC Cabinet Committee - Sui Generis SCRUTINY COMMITTEE Review Departments DOD; DIRCO; DTI; SAPS; SSA; DEFENCE INTELLIGENCE
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SCRUTINY COMMITTEE (SC)
Established in terms of s7(1-9) Chaired by the Secretary for Defence as Director-General of the DoD Members are Senior Government Officials Scrutinize and Recommend decisions to the NCACC
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SECRETARIAT Directorate for Conventional Arms Control
Established in terms of s8 of the Act National Authority for Licencing on behalf of the NCACC Made up of Professional Personnel Skills base – Legal, Technical and Admin. Nodal Interface Point with the South African Defence Industry
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INSPECTORATE Directorate: Inspectorate and Audit
Established in terms of s9 Inspectorate accountable to the Committee s9(1)(a) Object of the Inspectorate s9(2) (a-b) Ensure that the conduct in Conventional Arms Control is in compliance with the Act Ensure that Internal regulatory Processes of the Committee are complied with Inspectorate must consist of persons appointed by the Minister
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SAFEGUARDS ON TRANSFERS
Guiding Principles and Criteria s15: UN Security Council Resolutions (Arms Embargo) Governance – Politics, Human Rights Regional Dynamics – Stability Risk of Diversion – Proliferation (Non State Actors) National Interest – Security, Political & Economic Accountability on Exports End-User Certificate for undertakings
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SAFEGUARDS ON TRANSFERS
Receiving country must provide the NCACC with various undertakings (letters) s16 End-User Certificate (EUC) s17 Routine Inspections s18 Entry and Search of Premises with warrant s19 Disclosure and Non disclosure of information s23
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Content of Report (s23) Report must be presented to Parliament.
Quarterly and Annually (Cabinet and Parliament) Content of Report is prescribed by law s23(2) The Report must reflect the following: Controlled Items regulation statistics; Exports authorised; Imports authorised; Conveyances authorised The Report has to comply with the UN Conventional Arms Register (UNCAR) UNCAR has Categories
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REPORTING CYCLES Statistics done on Calendar not Financial Year
1st Quarter of year compile Annual Report of past calendar year 2nd Quarter of Year compile 1st Quarterly of current year Report to the UN – 2nd Quarter, report needs approval by Parliament before presenting to UN. DIRCO reports on behalf of RSA
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NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC)
2014 QUARTERLY REPORT
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2014 ANNUAL STATISTICS CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED
APPENDIX A CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED IMPORTS AUTHORISED CONVEYANCE AUTHORISED
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2014 ANNUAL STATS AMOUNT/ VALUE REGISTRATIONS 107 MARKETING 15
CONTRACTING Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 326 12 R42,494,839,989.00 84 EXPORT Value Permits Authorised No Countries Authorised 2418 R2,997,934,802.00 86 DESCRIPTION
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2014 ANNUAL STATS …..continued.
IMPORT Number Permits Authorised Value of Permits Authorised No. of Countries Imported from 1725 R200,148,864.00 65 CONVEYANCE Number of Permit(s) Authorised 1
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2014 QUARTERLY STATS CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED
APPENDIX B CONTROLLED ITEMS STATISTICS EXPORT AUTHORISED IMPORTS AUTHORISED CONVEYANCE AUTHORISED
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2014 Q1 STATS AMOUNT/ VALUE REGISTRATIONS 29 MARKETING 5 CONTRACTING
Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 93 9 R5,952,887,984.00 47 EXPORT Value Permits Authorised No Countries Authorised 628 R622,194,703.00 58 DESCRIPTION
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2014 Q1 STATS …..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 530 R72,538,294.00 45 CONVEYANCE Number of Permit(s) Authorised 1
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2014 Q2 STATS AMOUNT/ VALUE REGISTRATIONS 17 MARKETING 3 CONTRACTING
Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 37 R3,668,394,296.00 27 EXPORT Value Permits Authorised No Countries Authorised 690 R547,323,529,.00 61 DESCRIPTION
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2014 Q2 STATS …..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 390 R67,066,780.00 42 CONVEYANCE Number of Permit(s) Authorised
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2014 Q3 STATS AMOUNT/ VALUE REGISTRATIONS 24 MARKETING 4 CONTRACTING
Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 119 2 R22,992,117,979.00 54 EXPORT Value Permits Authorised No Countries Authorised 729 R1,085,395,188.50 62 DESCRIPTION
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2014 Q3 STATS…..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 526 R10,510,284.00 45 CONVEYANCE Number of Permit(s) Authorised 1
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2014 Q4 STATS AMOUNT/ VALUE REGISTRATIONS 38 MARKETING 3 CONTRACTING
Number Permits Authorised Applications Denied Value of Authorised No. of Countries Contracted 77 1 R9,869,825,720.00 EXPORT Value Permits Authorised No Countries Authorised 634 R723,597,624.00 60 DESCRIPTION
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2014 Q4 STATS ..continued. IMPORT Number Permits Authorised
Value of Permits Authorised No. of Countries Imported from 436 R26,485,566.00 43 CONVEYANCE Number of Permit(s) Authorised
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Question and Answer Session
Conclusion Thank You Question and Answer Session
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