PARLIAMENTARY BRIEFING

PARLIAMENTARY BRIEFING ON THE DOD MANAGEMENT PROCESS WRT INTERNATIONAL AGREEMENTS

ENTERED INTO BY THE RSA GOVT SCOPE

· AIM

· DELIMITATIONS

· DEFINITIONS

· DEPARTMENTAL MANAGEMENT PROCESS

(DODI)

· STATISTICAL OVERVIEW

AIM

· TO INFORM PARLIAMENT OF THE DOD MANAGEMENT PROCESS WRT

INTERNATIONAL AGREEMENTS WITH A DEFENCE CONNOTATION ENTERED INTO THE RSA GOVT

· TO PRESENT A STATISTICAL OVERVIEW OF THE CURRENT STATUS QUO

DELIMITATION S

· ONLY INTERNATIONAL AGREEMENTS SIGNED POST 1994

· ONLY BILATERAL INTERNATIONAL AGREEMENT S

· MULTILATERAL AGREEMENTS ITO SECTION 231(2) OF CONSTITUTION MANAGED BY DFA

· DOD RESPONSIBILITY TO REPORT COMPLIANCE ON BEHALF OF THE GOVT

DEFINITIONS

· INTERNATIONAL AGREEMENT

- An international agreement can, in terms of the Vienna Convention on the Law of Treaties (1969) as well as the Vienna Convention on the Law of Treaties between States and International Organisations or between International Organisation (1980), be defined as "a written agreement between states and/or international organisations and governed by international ... whatever its particular designation

DEFINITIONS (CONT)

· AGREEMENT (DOD PURPOSES)

- An instrument less formal than a treaty or convention which is usually applied to agreements of limited scope and fewer parties. This term is employed when referring to both bilateral and multilateral agreements. Included herein is the term "Status of Forces Agreement (SOFA)", which refers to an agreement on the mutual exchange of military personnel for purposes of combined exercises and training

DEFINITIONS (CONT)
· MOU/MOA

- A less formal instrument, usually concluded at the administrative level and usually becoming binding on signature thereof

· DECLARATION

- Denotes a treaty that declares common principles of policy and can be unilateral or jointly released by the parties concerned

DEFINITIONS (CONT)

· EXCHANGE OF NOTES

- The most informal of all treaty-making processes. It has been adopted frequently in recent times as a means to conclude agreements

· LETTER OF INTENT

- An informal instrument used to express the mutual intentions and goodwill of the parties involved and does not constitute a legally binding document

DEFINITIONS (CONT)

· IMPLEMENTING ARRANGEMENT

- An ancillary instrument to an original instrument, which can be regarded as an annexure or addendum thereto. On its own, this instrument does not constitute a legally binding document in terms of international law and can only be regarded as politically and morally binding upon the parties.

DEFINITIONS (CONT)

· PARTY / PARTIES (SUBJECT OF INT LAW)

- States

- International Organisations - EU, UN, AU, SADC

REQUIREMENTS

· The parties should be subjects of international law

· The agreement should be governed by international law

· The agreement should be in writing

DOD MANAGEMENT PROCESS

· PHASE 1 - Identification of Requirement

· PHASE 2 - Internal Departmental Approval

· PHASE 3- External Departmental Approval

· PHASE 4 - Certification by DFA

· PHASE 5 - Ceremonial Aspects

· PHASE 6- Implementation

· PHASE 7 - Termination or Expiration