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NCACC’s PRESENTATIONNCACC’s PRESENTATION

THE UNITED NATIONS THE UNITED NATIONS REPORT FOR 2012REPORT FOR 2012

Briefing to the JSCD Briefing to the JSCD Parliament, Parliament, Cape TownCape Town

12 Sept 201312 Sept 2013

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INTRODUCTIONINTRODUCTION

On 16 August 2013, the JSCD invited the NCACC to On 16 August 2013, the JSCD invited the NCACC to ”present and brief the Committee on its tabled 2012 ”present and brief the Committee on its tabled 2012 Annual Report to the United Nations”.Annual Report to the United Nations”.

The NCACC accepted this invitation hence its The NCACC accepted this invitation hence its appearance before the JSCD.appearance before the JSCD.

In line with this invitation, the NCACC aims to brief the JSCD In line with this invitation, the NCACC aims to brief the JSCD on its 2012 NCACC’s Report to the United Nations on Arms on its 2012 NCACC’s Report to the United Nations on Arms Import and Exports.Import and Exports.

This report was tabled in May 2013.This report was tabled in May 2013.

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THE NCACC’s CONTEXT THE NCACC’s CONTEXT OF OPERATIONOF OPERATION

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NCACC’s LEGISLATIVE NCACC’s LEGISLATIVE FRAMEWORK AND FRAMEWORK AND

MANDATEMANDATE The NCACC is established ito the NCAC Act which forms The NCACC is established ito the NCAC Act which forms

the basis for the NCACC’s existence and operation.the basis for the NCACC’s existence and operation.

The Act also establishes supporting structures.The Act also establishes supporting structures.

The Statutory Mandate of the NCACC is to regulate the The Statutory Mandate of the NCACC is to regulate the development, manufacture, possession, trade and development, manufacture, possession, trade and transfer of conventional arms in South Africa.transfer of conventional arms in South Africa.

The Act provides for detailed functions of the NCACC.The Act provides for detailed functions of the NCACC.

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COMPOSITION OF THE COMPOSITION OF THE NCACCNCACC

The NCACC is a Cabinet Committee The NCACC is a Cabinet Committee sui generis sui generis appointed specifically by the President.appointed specifically by the President.

The NCACC comprises 7 Cabinet Ministers and 3 Deputy The NCACC comprises 7 Cabinet Ministers and 3 Deputy Ministers.Ministers.

By law the positions of Chairperson and Deputy By law the positions of Chairperson and Deputy Chairperson are held by Cabinet Ministers who do not Chairperson are held by Cabinet Ministers who do not have line function interests in the conventional arms have line function interests in the conventional arms business.business.

Min J.T. Radebe (Chair) and Min G.N. Pandor (Dep Chair)Min J.T. Radebe (Chair) and Min G.N. Pandor (Dep Chair)

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COMPOSITION OF MEMBERSCOMPOSITION OF MEMBERS

Min N. Mapisa-NqakulaMin N. Mapisa-Nqakula Min R. DaviesMin R. Davies Min S. CweleMin S. Cwele Min M. Nkoana- Min M. Nkoana-

MashabaneMashabane

Min N. MthethwaMin N. Mthethwa Dep Min T.S.P. MakwetlaDep Min T.S.P. Makwetla Dep Min E. EbrahimDep Min E. Ebrahim Dep Min N.M. NeneDep Min N.M. Nene

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STRUCTURES OF THE STRUCTURES OF THE NCACCNCACC

For the NCACC to deliver on its statutory mandate, the For the NCACC to deliver on its statutory mandate, the following supporting structures are established under following supporting structures are established under the NCACC:the NCACC:

The Secretariat to provide the Administrative The Secretariat to provide the Administrative support.support.

The Inspectorate to look after matters of compliance.The Inspectorate to look after matters of compliance.

The Scrutiny Committee that considers applications The Scrutiny Committee that considers applications and makes recommendations to the NCACC. and makes recommendations to the NCACC.

Over and above these structures, the NCACC is Over and above these structures, the NCACC is supported by various government departments and supported by various government departments and agencies which, agencies which, inter aliainter alia, include the SAPS, DOD, , include the SAPS, DOD, DIRCO, SSA, DTI, NPA and CustomsDIRCO, SSA, DTI, NPA and Customs. .

FUNCTIONING OF THE FUNCTIONING OF THE NCACCNCACC

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THE PROCESS APPLIED THE PROCESS APPLIED The NCACC meets on monthly basis to consider arms The NCACC meets on monthly basis to consider arms

transfer applications lodged by the defence industry transfer applications lodged by the defence industry with the Secretariat. with the Secretariat.

In deciding on these applications, the NCACC considers, In deciding on these applications, the NCACC considers, in contextin context, and in aggregate, a range of factors as , and in aggregate, a range of factors as provided for in Section 15 of the Act (Guiding provided for in Section 15 of the Act (Guiding Principles).Principles).

On the basis of its consideration, the NCACC either On the basis of its consideration, the NCACC either Approves or Denies permit applications.Approves or Denies permit applications.

The NCACC has a mechanism of responding to political The NCACC has a mechanism of responding to political circumstances in countries of prospective export. Using circumstances in countries of prospective export. Using the departments inputs (DIRCO, SSA and DI), if there is the departments inputs (DIRCO, SSA and DI), if there is a development of concern in a particular country, the a development of concern in a particular country, the NCACC immediately places applications to that country NCACC immediately places applications to that country on HOLD.on HOLD.

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THE PROCESS APPLIED THE PROCESS APPLIED

The NCACC monitors such situations. If it further The NCACC monitors such situations. If it further deteriorates, the NCACC DENIES authorization to such deteriorates, the NCACC DENIES authorization to such countries.countries.

In the period under review, the NCACC invoked this In the period under review, the NCACC invoked this mechanism and placed on HOLD authorization mechanism and placed on HOLD authorization applications to various countries. applications to various countries.

In order to facilitate trade, the NCACC delegates some In order to facilitate trade, the NCACC delegates some

of its powers particularly to the Secretariatof its powers particularly to the Secretariat

The Secretariat executes the decisions of the NCACC.The Secretariat executes the decisions of the NCACC.

COMPLIANCE WITH THE COMPLIANCE WITH THE LAWLAW

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ADHERENCE TO LEGAL ADHERENCE TO LEGAL IMPERATIVESIMPERATIVES

The process applied by the NCACC in the conduct of its The process applied by the NCACC in the conduct of its work demonstrates the NCACC’s commitment and work demonstrates the NCACC’s commitment and compliance with the legal imperatives set out in its compliance with the legal imperatives set out in its constitutive Act. constitutive Act.

To that end, the NCACC consistently ensures the To that end, the NCACC consistently ensures the following:following:

That it is composed according to the dictates of law (Sec 5).That it is composed according to the dictates of law (Sec 5).

Its meeting are conducted in terms of the relevant Its meeting are conducted in terms of the relevant

provisions of the Act (Sec 6).provisions of the Act (Sec 6).

Has established the necessary processes for effective Has established the necessary processes for effective regulation of arms trade in South Africa ( Sec 4)regulation of arms trade in South Africa ( Sec 4) 1212

ADHERENCE TO LEGAL ADHERENCE TO LEGAL IMPERATIVESIMPERATIVES

Has set up effective structures of support in terms of Has set up effective structures of support in terms of administration and compliance enforcement ( Sec 8 and 9).administration and compliance enforcement ( Sec 8 and 9).

Effective application of the guiding principles and criteria for Effective application of the guiding principles and criteria for decision making on arms transfers (Sec 15)decision making on arms transfers (Sec 15)

Effective accountability for its work to relevant structures of Effective accountability for its work to relevant structures of authority i.e. Parliament and United Nations.authority i.e. Parliament and United Nations.

Disclosure of relevant information according to the set Disclosure of relevant information according to the set parameters (Sec 23).parameters (Sec 23).

Protection of security and commercial interests of South Protection of security and commercial interests of South Africa. Africa.

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SOUTH AFRICA AND SOUTH AFRICA AND INTERNATIONAL ARMS INTERNATIONAL ARMS

TRANSFER REGULATIONTRANSFER REGULATION

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COMMITMENT TO COMMITMENT TO RESPONSIBILITYRESPONSIBILITY

South Africa has committed itself to the international South Africa has committed itself to the international agenda of disarmament and non-proliferation of arms.agenda of disarmament and non-proliferation of arms.

Built into this agenda is the right of States to:Built into this agenda is the right of States to:

Self defenceSelf defence

To engage in responsible and accountable trade in arms.To engage in responsible and accountable trade in arms.

Given South Africa’s strong defence industry base, South Given South Africa’s strong defence industry base, South Africa’s robust arms control system needs to complemented Africa’s robust arms control system needs to complemented by international instruments that set common standards for by international instruments that set common standards for arms transfers. arms transfers.

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THE ARMS TRADE THE ARMS TRADE TREATYTREATY

In April 2013 the UN adopted the Arms Trade Treaty which In April 2013 the UN adopted the Arms Trade Treaty which seeks to create common minimum standards for arms trade seeks to create common minimum standards for arms trade across the world.across the world.

This was in response to the international cry to have an This was in response to the international cry to have an international treaty that specifically regulate the transfer of international treaty that specifically regulate the transfer of arms across the world.arms across the world.

As a country committed to the international agenda of As a country committed to the international agenda of general disarmament and responsible trade in arms, RSA general disarmament and responsible trade in arms, RSA participated actively in the negotiations of these Treaty.participated actively in the negotiations of these Treaty.

This active participation was informed by the RSA’s This active participation was informed by the RSA’s understanding of the benefits that this Treaty will bring as understanding of the benefits that this Treaty will bring as there will be a common understanding of the fundamental there will be a common understanding of the fundamental arms control assurance instruments e.g. EUCsarms control assurance instruments e.g. EUCs

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THE ARMS TRADE THE ARMS TRADE TREATYTREATY

The provisions of the Treaty mirrors that which the RSA, to a greater The provisions of the Treaty mirrors that which the RSA, to a greater extent, already has in place.extent, already has in place.

The Treaty provides for the following:The Treaty provides for the following:

ScopeScope. Covers the. Covers the various kinds of arms that South Africa already regulates under arms that South Africa already regulates under the NCAC Act and the Firearms Control Actthe NCAC Act and the Firearms Control Act

Criteria. Criteria. The Treaty provides for specific arms transfer prohibitions. These include The Treaty provides for specific arms transfer prohibitions. These include transfers that violate UN embargoes, other embargo arrangements of which the transfers that violate UN embargoes, other embargo arrangements of which the transferring parties are members or where there is a likelihood of the commission transferring parties are members or where there is a likelihood of the commission of genocide and related crimes. This aspect is already provided for under the NCAC of genocide and related crimes. This aspect is already provided for under the NCAC Act.Act.

Reporting ObligationsReporting Obligations. The Treaty requires State Parties to report on . The Treaty requires State Parties to report on implementation measures such as national legislation, controls to counter implementation measures such as national legislation, controls to counter diversions, and submission of annual reports similar to existing annual reports to diversions, and submission of annual reports similar to existing annual reports to the UN on conventional arms transfers. This is already dealt with in South Africathe UN on conventional arms transfers. This is already dealt with in South Africa

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THE ARMS TRADE THE ARMS TRADE TREATYTREATY

Given the status of the RSA arms control system and Given the status of the RSA arms control system and the RSA commitment to responsible international arms the RSA commitment to responsible international arms trade, in July 2013 Cabinet approved that South Africa trade, in July 2013 Cabinet approved that South Africa signs the Treaty as a State Party.signs the Treaty as a State Party.

Govt will after signature of the Treaty at the UN bring Govt will after signature of the Treaty at the UN bring the Treaty to Parliament for ratificationthe Treaty to Parliament for ratification..

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THE NCACC’s 2012 THE NCACC’s 2012 REPORT TO THE UNREPORT TO THE UN

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REPORTING OBLIGATIONSREPORTING OBLIGATIONS Section 23 of the NCAC Act as amended sets out the Section 23 of the NCAC Act as amended sets out the

NCACC’s reporting obligations to Parliament, United NCACC’s reporting obligations to Parliament, United Nations and any other international organization.Nations and any other international organization.

With respect to reports to the United Nations, the Act With respect to reports to the United Nations, the Act provides as follows:provides as follows:

Section 23(1) (a):“Section 23(1) (a):“The Committee must annually prepare a report The Committee must annually prepare a report and cause such report to be submitted to the Secretary General of and cause such report to be submitted to the Secretary General of the United Nations for purposes of the United Nations Register of the United Nations for purposes of the United Nations Register of Conventional Arms, established in terms of the United Nations Conventional Arms, established in terms of the United Nations Resolutions 46/36 of 6 December 1991”Resolutions 46/36 of 6 December 1991”

Section 23(2): Section 23(2): “A copy of the report contemplated in subsection 1 “A copy of the report contemplated in subsection 1 (a) must be tabled in Parliament before it is submitted to the (a) must be tabled in Parliament before it is submitted to the United Nations” United Nations”

The NCACC’s 2012 Report to the UN has been prepared The NCACC’s 2012 Report to the UN has been prepared tabled in Parliament and submitted to the United tabled in Parliament and submitted to the United Nations in line with these provisions of the Act.Nations in line with these provisions of the Act.

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THE UN REGISTERTHE UN REGISTER

The report on arms transfers to the UN is informed by the The report on arms transfers to the UN is informed by the UN General Assembly Resolution 46/36 of 9 Dec 1991.UN General Assembly Resolution 46/36 of 9 Dec 1991.

This Res 46/36 establishes the United Nations Register of This Res 46/36 establishes the United Nations Register of Conventional Arms which has been in operation since 1991.Conventional Arms which has been in operation since 1991.

The Register is not mandatory but voluntary in that Res The Register is not mandatory but voluntary in that Res 46/36 request UN Member States to provide data to the 46/36 request UN Member States to provide data to the Register.Register.

The Register is a voluntary confidence building measure to The Register is a voluntary confidence building measure to promote transparency in arms transfers.promote transparency in arms transfers.

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THE UN REGISTERTHE UN REGISTER

The Register helps to determine the accumulations The Register helps to determine the accumulations of excessive or destabilizing accumulations of of excessive or destabilizing accumulations of defence capabilities.defence capabilities.

The Register is based on the UN view that if Member The Register is based on the UN view that if Member States are transparent about arms transfers, such an States are transparent about arms transfers, such an act will make member states to exercise restraint in act will make member states to exercise restraint in the production and transfer of arms in deference to the production and transfer of arms in deference to preventative diplomacypreventative diplomacy

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THE UN REGISTERTHE UN REGISTER Res 46/36 sets out ONLY 7 Register Categories against which Res 46/36 sets out ONLY 7 Register Categories against which

reports are to submitted by Member States in respect of reports are to submitted by Member States in respect of exports and imports:exports and imports:

1.1. Battle tanks.Battle tanks.

2.2. Armoured Combat Vehicles.Armoured Combat Vehicles.

3.3. Large Calibre Artillery Systems.Large Calibre Artillery Systems.

4.4. Combat Aircrafts.Combat Aircrafts.

5.5. Attack HelicoptersAttack Helicopters

6.6. WarshipsWarships

7.7. Missile or Missile SystemsMissile or Missile Systems

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2012 EXPORTS2012 EXPORTS

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2012 IMPORTS2012 IMPORTS

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ENDEND