REPUBLIC OF SOUTH AFRICA
NATIONAL CONVENTIONAL ARMS CONTROL BILL
B50B-2001

MINISTER OF DEFENCE

transaction relating to buying, selling or transfer of conventional arms; and
(d) acting as intermediary between any manufacturer or supplier of conventional arms, or provider of services, and any buyer or recipient thereof;
(ii) "Committee means the National Conventional Arms Control Committee established by section 2;
(iii) "competent authority" means the Minister, the Chairperson of the Committee or the Committee, or any subcommittee to which, or any member of the Committee, a subcommittee or the secretariat, or any inspector of the Inspectorate, to whom, a power has been delegated or a duty has been assigned in terms of section 11
(iv) "contracting" means the entering into a commitment by a person to engage in trade in conventional arms, whether it is done in exchange for currency or any other commodity or to advance a cause;
(v) "conventional arms" includes
(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); and
(d) dual-use goods,
but does not include a weapon of mass destruction as defined in the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No.87 of 1993),

(vi) "convey", in relation to conventional arms, means to transport conventional arms through or over the territory of the Republic, its territorial waters or its airspace to any other place or destination outside the Republic, whether or not such conventional arms a off-loaded, and "conveyance" must be interpreted accordingly;
(vii) "Department" means the Department of Defence;
(viii) "dual-use goods" means 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, and which are contained in a list published I; the Minister by notice in the Gazette;
(ix) "end-user certificate" means a certificate contemplated in section 17;
(x) "export", in relation to conventional arms, means the transfer of conventional arms from the
Republic to any place outside the Republic, and "exportation must be interpreted accordingly;
(xi) "import", in relation to conventional arms, means to bring conventional arms into an part of the Republic, irrespective of whether it is done in exchange for currency or an other commodity, and "importation" must be interpreted accordingly;
(xii) "Inspectorate" means the Inspectorate established by section 9(1);
(xiii) "manufacture", in relation to conventional arms, includes the design, development production and assembly thereof, and "manufacturing" must be interpreted accordingly
(xiv)"marketing", in relation to conventional arms, includes the promotion of conventional arms, and any negotiations, offer, tender advertising, shows, exhibitions or giving of

CHAPTER 1
COMMITTEE, SECRETARIAT AND INSPECTORATE
Establishment of National Conventional Arms Control Committee

2. A committee to be known as the National Conventional Arms Control Committee is hereby established.

Objects of Committee

3. The objects of the Committee are to-
(a) implement Government policy regarding trade in conventional arms in order to establish, apply and ensure a legitimate, effective and transparent control process in and for the Republic which
(i) conforms to international law
(ii) is applicable to the control and regulation of trade in conventional arms;
(b) protect the economic and national security interests of the Republic by ensuring adequate control of trade in conventional arms in accordance with the policy referred to in paragraph (a); and
(c) foster national and international confidence in the Committee's procedures for control over trade in conventional arms.

Functions of Committee

4. (1) The Committee must-
(a) establish processes and structures necessary for effective control of trade in conventional arms
(b) establish guidelines, structures and processes necessary for the scrutiny and assessment of an application for the issue of a permit;
(c) where necessary, liaise with relevant Government agencies regarding the enforcement of this Act;
(d) ensure that the conditions under which a permit is issued are complied with;
(e) keep a register in the prescribed form of persons involved in trade in conventional arms;
(f) keep a register of every permit issued; and
(g issue reports as specified in section 23.
The Committee may-
(a) inside or outside the Republic, conduct any investigation into, inspection of and research in
connection with-
(i) any trade in conventional arms;
(b) consult with the Minister with regard to any aspect that falls within the powers of the Minister in terms of this Act;
(c) evaluate and comment on trade in conventional arms

(5) A decision of the Committee or an act performed in terms of a decision of the Committee is not invalid merely by reason of a vacancy in the Committee, or by reason of the presence of any person not entitled to sit as a member, at the time when the decision was taken.

Subcommittees

7. (1) The Committee may establish one or more subcommittees, which must perform such functions as the Committee may direct.
(2) A subcommittee must consist of one or more members of the Committee designated by the Committee and if it is deemed necessary, one or more other persons appointed in terms of subsection (3) for such period as may be determined by the Committee.
(3) The Minister may, with the concurrence of the Committee, appoint persons who are not in the full-time employment of the State to a subcommittee and may grant those persons such allowances and remuneration as the Minister, with the concurrence of the Minister of Finance may determine in general or in a specific case.
(4) The Committee must designate a chairperson for every subcommittee and. if necessary, a deputy chairperson.
(5) When a subcommittee has performed its functions contemplated in subsection (1), it must submit a written report with recommendations to the Committee for consideration.
(6) The Committee may at any time dissolve a subcommittee.
(7) A subcommittee may determine its own procedure for meetings.
(8) The Committee is not absolved from responsibility for the performance of any function assigned to any subcommittee in terms of subsection (I).
(9) A decision of a subcommittee or an act performed in terms of a decision of a subcommittee is not invalid merely by reason of a vacancy in the subcommittee, or by reason of the presence of any person not entitled to sit as a member, at the time when the decision was taken.

Secretariat
8. (1) (a) The work incidental to the performance of the functions of the Committee or a subcommittee must be performed by a secretariat consisting of administrative personnel.
(b) The members of the secretariat must be designated by the Minister after consultation with the Secretary, from among the employees of the public service.
(2) The Minister may, with the concurrence of the Committee, appoint a person who is not in the full-time employment of the State to the secretariat on such conditions of service and at such remuneration and service benefits as the Minister may determine, with the concurrence of the Minister of Finance.

Inspectorate
9. (1) (a) The Minister must establish an inspectorate that is separate from the secretariat.
(b) The Inspectorate is accountable only to the Committee.

terms of the Public Finance Management Act 1999 (Act No.1 of 1999), the Auditor-General must audit the registers and processes contemplated in section 4

CHAPTER II
CONTROL AND INSPECTION
Control over conventional arms and provision of service

13. (1) 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.

Permits

14. (1) Any person who wishes to obtain a permit contemplated in section 13 must apply to the Committee in the prescribed manner.
(2) The Committee may authorise the issue of a permit subject to such conditions as it may decide upon, or refuse to authorise the issue of a permit.
(3) The Committee must, by notice in writing to the person who has been issued a permit in terms of subsection (2)-
(a) cancel or suspend the permit if any condition of the permit has not been or is not being complied with;
b) cancel the permit if the person who has been issued the permit is convicted of an offence in terms of this Act;
(c) cancel, amend or suspend the permit if it is in the interest of the protection of the security of the Republic; or
(d) cancel, amend or suspend the permit if it is in the interest of maintaining and promoting international peace or avoiding repression and terrorism.
(4) A permit issued under subsection (2)-
(a) must prescribe the quantity, type and value of the conventional arms which may be exported, re-exported, marketed, imported, conveyed, manufactured, traded or brokered thereunder;
b) may prescribe the period within which, the harbour, port or airport through or from which, the person, country or territory from or to which, the route along which and the manner in which the conventional arms in question must be exported, re-exported, marketed, imported, conveyed, manufactured or traded; and
(c) may prescribe such other conditions as the Committee determines.
(5) An application for a permit for the re-exportation of conventional arms must be accompanied by a notification issued by the government of the country from which such conventional arms were originally imported, indicating that government's consent that such conventional arms may be so re-exported.
(6) A permit issued under subsection (2) expires-
(a) when the particulars of the holder no longer correspond with that person's particulars as entered in a register contemplated in section 4(1)(f);
(i) consider the conventional arms control system of the recipient country' to; and its record of compliance with end-user certificate undertakings, and avoid the export of conventional arms to a government that has violated an end-user certificate undertaking;
(j) take into account the inherent right of individual and collective self-defence of all sovereign countries in terms of the United Nations Charter; and
(k) 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.

Accountability when conventional arms are exported

16. where conventional arms are exported, and-
(a) ownership thereof is transferred, the Committee must satisfy itself that the government of the country of import has given an undertaking, reflected in an end-user certificate, that the conventional arms in question will not be transferred, re-sold or re-exported to any other country without the prior approval of the Committee, acting on behalf of the Government of South Africa;
(b) transfer of ownership does not take place, the Committee must-
(i) obtain a letter from the government of the country of import stating that the arms in question are intended for demonstration or evaluation purposes and whether they will be returned; or
(ii) obtain a letter from the applicant stating that the aims in question are being exported for repair or integration only and will be returned;
(c) where there is an undertaking that the arms in question are to be returned, the Committee must satisfy itself that the conventional arms have been returned to the Republic in accordance with the undertaking;
(d) the arms in question have been expended during demonstration, the Committee must obtain a certificate from the government of the country of import verifying that fact.

End-user Certificate

17. Subject to section 16, whenever conventional arms are exported, a person authorised by the government of the country to which the arms are exported must issue a certificate-
(a) setting out the name and address of the declared end-user;
(b) giving a description of the conventional arms and quantities involved;
(c) undertaking that the conventional arms will not be transferred or re-exported to any other party or country without the authorisation of the South African Government;
(d) undertaking that proof of importation will be supplied, by way of a Delivery Verification Certificate;
(e) containing the authorisation to issue the certificate in question; and
(f) containing such other matters as may be prescribed.

Routine inspections

18. An inspector of the Inspectorate may during normal office hours enter any premises other than a private dwelling occupied or used by' a person in possession of a permit, in order to determine whether the specifications and conditions of the permit are being complied

Disposal of items seized by inspector

21. (1) The inspector of the Inspectorate must deliver anything seized in terms of section 19 or 20 without delay to a police official contemplated in section 30 of the Criminal Procedure Act 1977 (Act No.51 of 1977), who must deal with and dispose of the seized item as provided for in Chapter 2 of that Act.
(2) When a police official acts in terms of section 30(a) or (b) of the Criminal Procedure Act, 1977 (Act No.51 of 977) in respect of an item contemplated in subsection (1), he or she must do so after consultation with the inspector of the Inspectorate.

Furnishing of information

22. (1) Upon the written request of any competent authority, any person who trades in conventional arms in the course of his or her business, must furnish the competent authority, within a specified period or at specified intervals, with such information at his or her disposal as may be specified in the request.
(2) The information referred to in subsection (1) must be accompanied by such data and documents as may be indicated in the request.

Disclosure and non-disclosure of information

23. (1) The Committee must-
(a) ensure compliance with the annual reporting requirements of the United Nations Register of Conventional Arms and present to Parliament a copy of South Africa's annual report to the United Nations;
(b) make quarterly reports to the Cabinet and a committee of Parliament determined by Parliament on all permits authorised during the preceding quarter;
(c) [The Chairperson of the Portfolio Committee indicated that paragraph (c) will be revisited at the next meeting]
(d) at the end of the first quarter of each year, present to Parliament and release to the public an annual report on all permits authorised during the preceding calendar year.
(2) (a) Subject to paragraph (b), the reports referred to in subsection (1)(b) must contain such information as may be prescribed and. in respect of exports must set out the names of the importing states and the type quantity and value of all the conventional arms in question.
(b) Information concerning the technical specifications of conventional arms may be omitted from a report in order to protect military and commercial secrets.

Disclosure of interest

25. (1) If any member of the Committee a subcommittee or the secretariat or any inspector of the Inspectorate, has a direct or indirect pecuniary or other interest in any matter which could conflict with the proper performance of his or her duties in terms of this Act, he or she must disclose that interest as soon as practicable after the relevant facts come to his or her knowledge.
(2) (a) If a member of the Committee or a subcommittee contemplated in subsection (1)-
(i) is present at a meeting of the Committee or the subcommittee at which a matter contemplated in that subsection is to be considered, the member must disclose the nature of his or her interest to the meeting before the matter is considered; or
(ii) fails to make a disclosure as required by this subsection and is present at a meeting of the Committee or subcommittee, as the case may be, or in any other manner participates in the proceedings, such proceedings in relation to the relevant matter must as soon as the non-disclosure is discovered, be reviewed and be varied or set aside by the Committee or the subcommittee, as the case may be, without the participation of the member concerned.
(b) A member of a Committee or a subcommittee who is obliged to make a disclosure in terms of this subsection may not be present during any deliberation, or take part in any decision, in relation to the matter in question.
(c) Any disclosure made in terms of this subsection must be noted in the minutes of the relevant meeting of the Committee or subcommittee.
(3) A member of the Committee, a subcommittee or the secretariat, or an inspector of the Inspectorate, who has disclosed a conflict of interest in terms of subsection (1) must be relieved of all duties relating to the matter in question and such duties must be performed by another member of the Committee, subcommittee or secretariat or by another inspector of the Inspectorate, as the case may be, who has no such conflict of interest.

Extraterritorial Application of Act

26. (1) Any court of law in the Republic may try any citizen or permanent resident of the Republic or any juristic person incorporated or registered in the Republic for an offence contemplated in section 24 despite the fact that the act or omission to which the charge relates was committed outside the Republic.
(2) Any court of law in the Republic may try a foreign citizen for an offence contemplated in section 24 which is committed within the Republic.

Regulations

27. (1) The Minister may make regulations with the concurrence of the Committee, regarding-
(a) the procedure to be followed when applying for any permit in terms of this Act and the disclosure of information relating thereto;
(b) the conditions under which a permit may be issued and the disclosure of information relating thereto;
(c) matters which must be contained in an end-user certificate;

Acts I Constitutional Law I CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA NO.108 OF 1996/57. Internal arrangements, proceedings and procedures of National Assembly. -(1) The National Assembly may-

57.Internal arrangements, proceedings and procedures of National Assembly. -(1) The National Assembly may-
(a) determine and control its internal arrangements, proceedings and procedures: and
(b) make rules and orders concerning its business with due regard to representative and participatory democracy, accountability, transparency and public involvement.

(2) The rules and orders of the National Assembly must provide for--

(a) the establishment composition, powers functions, procedures and duration of its committees:
(b) the participation in the proceedings of the Assembly and its committees of minority parties represented in the Assembly, in a manner consistent with democracy;
(c) financial and administrative assistance to each party represented in the Assembly in proportion to its representation to enable the party and its leader to perform their functions in the Assembly effectively ; and
(d) the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition.