NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC) 2013 ANNUAL REPORT

NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC)

2013 ANNUAL REPORT

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

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

NCACC 2013 MEMBERS

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

DEPUTY-MINISTERS• DM N. Nene• DM T.S.P. Makwetla

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)

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

PILLARS OF SA ARMS CONTROL

NCACC ACTNON

PROLIFERATION ACT

FIRE ARMS CONTROL ACT

&EXPLOSIVES

ACT

RSA GOVERNMENT

DOD DTI SAPS

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

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

TIERS OF DECISION MAKING

NCACCCabinet Committee - Sui Generis

SCRUTINY COMMITTEEReview Departments

DOD; DIRCO; DTI; SAPS; SSA; DEFENCE INTELLIGENCE

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

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

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

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

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

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 7 + 1 Categories

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

2013 ANNUAL STATISTICS

CONTROLLED ITEMS STATISTICSEXPORT AUTHORISED

IMPORTS AUTHORISEDCONVEYANCE AUTHORISED

APPENDIX A

2013 ANNUAL STATS AMOUNT/ VALUE

REGISTRATIONS 131

MARKETING 8

CONTRACTING

• Number Permits Authorised• Applications Denied• Value of Authorised• No. of Countries Contracted

2888R79, 852,867,918.00 70

EXPORT

• Number Permits Authorised• Value Permits Authorised• No Countries Authorised

2057R3,153,996,885.0083

DESCRIPTION

2013 STATS …..continued.IMPORT

• Number Permits Authorised• Value of Permits Authorised• No. of Countries Imported from

2110R169,478,282.0073

CONVEYANCE

• Number of Permit(s) Authorised 3

2013 QUARTERLY STATS



APPENDIX B

2013 Q1 STATS AMOUNT/ VALUE

REGISTRATIONS 2

MARKETING 0

CONTRACTING


581R6,730,600,927.0031

EXPORT


147R894,138,785.0034

DESCRIPTION

2013 Q1 STATS …..continued.IMPORT


162R107,765,306.0027

CONVEYANCE



REGISTRATIONS 35

MARKETING 6

CONTRACTING


1062R50,721,774,713.0056

EXPORT


597R1,764,713,240.0062

DESCRIPTION



618R153,371,145.00.0042

CONVEYANCE



REGISTRATIONS 27

MARKETING 0

CONTRACTING


1164R14,282,171,421.0046

EXPORT


596R1,129,209,271.0055

DESCRIPTION



556R696,920,363.0039

CONVEYANCE



REGISTRATIONS 40

MARKETING 2

CONTRACTING


101R6,361,171,502.0065

EXPORT


595R1,809,409,278.0054

DESCRIPTION

2013 Q4 STATS…..continued.IMPORT


482R184,109,178.0046

CONVEYANCE



2014 ANNUAL REPORT

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

NCACC CURRENT MEMBERS

MINISTERS• 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

DEPUTY-MINISTERS• DM E.R.K. Maphatsoe• DM L.T. Landers• DM M.H. Jonas


2014 QUARTERLY REPORT

2014 ANNUAL STATISTICS



APPENDIX A

2014 ANNUAL STATS AMOUNT/ VALUE

REGISTRATIONS 107

MARKETING 15

CONTRACTING


32612R42,494,839,989.0084

EXPORT


2418R2,997,934,802.0086

DESCRIPTION

2014 ANNUAL STATS …..continued.IMPORT


1725R200,148,864.0065

CONVEYANCE


2014 QUARTERLY STATS



APPENDIX B


REGISTRATIONS 29

MARKETING 5

CONTRACTING


939R5,952,887,984.0047

EXPORT


628R622,194,703.0058

DESCRIPTION



530R72,538,294.0045

CONVEYANCE



REGISTRATIONS 17

MARKETING 3

CONTRACTING


370R3,668,394,296.0027

EXPORT


690R547,323,529,.0061

DESCRIPTION



390R67,066,780.0042

CONVEYANCE



REGISTRATIONS 24

MARKETING 4

CONTRACTING


1192R22,992,117,979.0054

EXPORT


729R1,085,395,188.5062

DESCRIPTION

2014 Q3 STATS…..continued.IMPORT


526R10,510,284.0045

CONVEYANCE



REGISTRATIONS 38

MARKETING 3

CONTRACTING


771R9,869,825,720.0038

EXPORT


634R723,597,624.0060

DESCRIPTION

2014 Q4 STATS ..continued.IMPORT


436R26,485,566.0043

CONVEYANCE


Conclusion

Thank YouQuestion and Answer Session

Documents

NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC) 2013 ANNUAL REPORT