NCACC's Presentation to Parliament: United Nations Report 2012

1. NCACC’s PRESENTATIONTHE UNITED NATIONS REPORT FOR 2012 Briefing to the JSCD Parliament, Cape Town 12 Sept 2013

2. INTRODUCTION • On 16 August 2013, the JSCD invited the NCACC to ”present and brief the Committee on its tabled 2012 Annual Report to the United Nations”. • The NCACC accepted this invitation hence its appearance before 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 Import and Exports. • This report was tabled in May 2013.

3. THE NCACC’s CONTEXT OF OPERATION

4. NCACC’s LEGISLATIVE FRAMEWORK AND MANDATE • The NCACC is established ito the NCAC Act which forms the basis for the NCACC’s existence and operation. • The Act also establishes supporting structures. • The Statutory Mandate of the NCACC is to regulate the development, manufacture, possession, trade and transfer of conventional arms in South Africa. • The Act provides for detailed functions of the NCACC.

5. COMPOSITION OF THE NCACC • The NCACC is a Cabinet Committee sui generis appointed specifically by the President. • The NCACC comprises 7 Cabinet Ministers and 3 Deputy Ministers. • By law the positions of Chairperson and Deputy Chairperson are held by Cabinet Ministers who do not have line function interests in the conventional arms business. • Min J.T. Radebe (Chair) and Min G.N. Pandor (Dep Chair)

6. Min N. Mapisa-Nqakula Min R. Davies Min S. Cwele Min M. Nkoana- Mashabane Min N. Mthethwa Dep Min T.S.P. Makwetla Dep Min E. Ebrahim Dep Min N.M. Nene COMPOSITION OF MEMBERS

7. STRUCTURES OF THE NCACC • For the NCACC to deliver on its statutory mandate, the following supporting structures are established under the NCACC: • The Secretariat to provide the Administrative support. • The Inspectorate to look after matters of compliance. • The Scrutiny Committee that considers applications and makes recommendations to the NCACC. • Over and above these structures, the NCACC is supported by various government departments and agencies which, inter alia, include the SAPS, DOD, DIRCO, SSA, DTI, NPA and Customs.

8. FUNCTIONING OF THE NCACC

9. THE PROCESS APPLIED • The NCACC meets on monthly basis to consider arms transfer applications lodged by the defence industry with the Secretariat. • In deciding on these applications, the NCACC considers, in context, and in aggregate, a range of factors as provided for in Section 15 of the Act (Guiding Principles). • On the basis of its consideration, the NCACC either Approves or Denies permit applications. • The NCACC has a mechanism of responding to political circumstances in countries of prospective export. Using the departments inputs (DIRCO, SSA and DI), if there is a development of concern in a particular country, the NCACC immediately places applications to that country on HOLD.

10. THE PROCESS APPLIED • The NCACC monitors such situations. If it further deteriorates, the NCACC DENIES authorization to such countries. • In the period under review, the NCACC invoked this mechanism and placed on HOLD authorization applications to various countries. • In order to facilitate trade, the NCACC delegates some of its powers particularly to the Secretariat • The Secretariat executes the decisions of the NCACC.

11. COMPLIANCE WITH THE LAW

12. ADHERENCE TO LEGAL IMPERATIVES • The process applied by the NCACC in the conduct of its work demonstrates the NCACC’s commitment and compliance with the legal imperatives set out in its constitutive Act. • To that end, the NCACC consistently ensures the following: • That it is composed according to the dictates of law (Sec 5). • Its meeting are conducted in terms of the relevant provisions of the Act (Sec 6). • Has established the necessary processes for effective regulation of arms trade in South Africa ( Sec 4)

13. ADHERENCE TO LEGAL IMPERATIVES • Has set up effective structures of support in terms of administration and compliance enforcement ( Sec 8 and 9). • Effective application of the guiding principles and criteria for decision making on arms transfers (Sec 15) • Effective accountability for its work to relevant structures of authority i.e. Parliament and United Nations. • Disclosure of relevant information according to the set parameters (Sec 23). • Protection of security and commercial interests of South Africa.

14. SOUTH AFRICA AND INTERNATIONAL ARMS TRANSFER REGULATION

15. COMMITMENT TO RESPONSIBILITY • South Africa has committed itself to the international agenda of disarmament and non-proliferation of arms. • Built into this agenda is the right of States to: • Self defence • To engage in responsible and accountable trade in arms. • Given South Africa’s strong defence industry base, South Africa’s robust arms control system needs to complemented by international instruments that set common standards for arms transfers.

16. THE ARMS TRADE TREATY • In April 2013 the UN adopted the Arms Trade Treaty which seeks to create common minimum standards for arms trade across the world. • This was in response to the international cry to have an international treaty that specifically regulate the transfer of arms across the world. • As a country committed to the international agenda of general disarmament and responsible trade in arms, RSA participated actively in the negotiations of these Treaty. • This active participation was informed by the RSA’s understanding of the benefits that this Treaty will bring as there will be a common understanding of the fundamental arms control assurance instruments e.g. EUCs

17. THE ARMS TRADE TREATY • The provisions of the Treaty mirrors that which the RSA, to a greater extent, already has in place. • The Treaty provides for the following: • Scope. Covers thevarious kinds of arms that South Africa already regulates under the NCAC Act and the Firearms Control Act • Criteria. The Treaty provides for specific arms transfer prohibitions. These include transfers that violate UN embargoes, other embargo arrangements of which the 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 Act. • Reporting Obligations. The Treaty requires State Parties to report on implementation measures such as national legislation, controls to counter 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 Africa

18. THE ARMS TRADE TREATY • Given the status of the RSA arms control system and the RSA commitment to responsible international arms trade, in July 2013 Cabinet approved that South Africa signs the Treaty as a State Party. • Govt will after signature of the Treaty at the UN bring the Treaty to Parliament for ratification.

19. THE NCACC’s 2012 REPORT TO THE UN

20. REPORTING OBLIGATIONS • Section 23 of the NCAC Act as amended sets out the NCACC’s reporting obligations to Parliament, United Nations and any other international organization. • With respect to reports to the United Nations, the Act provides as follows: • Section 23(1) (a):“The Committee must annually prepare a report and cause such report to be submitted to the Secretary General of the United Nations for purposes of the United Nations Register of Conventional Arms, established in terms of the United Nations Resolutions 46/36 of 6 December 1991” • Section 23(2): “A copy of the report contemplated in subsection 1 (a) must be tabled in Parliament before it is submitted to the United Nations” • The NCACC’s 2012 Report to the UN has been prepared tabled in Parliament and submitted to the United Nations in line with these provisions of the Act.

21. THE UN REGISTER • The report on arms transfers to the UN is informed by the UN General Assembly Resolution 46/36 of 9 Dec 1991. • This Res 46/36 establishes the United Nations Register of Conventional Arms which has been in operation since 1991. • The Register is not mandatory but voluntary in that Res 46/36 request UN Member States to provide data to the Register. • The Register is a voluntary confidence building measure to promote transparency in arms transfers.

22. THE UN REGISTER • The Register helps to determine the accumulations of excessive or destabilizing accumulations of defence capabilities. • The Register is based on the UN view that if Member States are transparent about arms transfers, such an act will make member states to exercise restraint in the production and transfer of arms in deference to preventative diplomacy

23. THE UN REGISTER • Res 46/36 sets out ONLY 7 Register Categories against which reports are to submitted by Member States in respect of exports and imports: • Battle tanks. • Armoured Combat Vehicles. • Large Calibre Artillery Systems. • Combat Aircrafts. • Attack Helicopters • Warships • Missile or Missile Systems

24. 2012 EXPORTS

27. 2012 IMPORTS

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