NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC)

1. NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE(NCACC) Introductory Briefing to the PCD 02 September 2009

2. INTRODUCTION • On 20 August 2009, the PCD requested to have an introductory meeting with the NCACC. • In response to the request, the NCACC has prepared this presentation in order to address the following aspects: • Introduction of the NCACC. • Provide a brief overview of the functioning of the NCACC. • How the NCACC is dealing with its support capacity. • What the new NCACC has done since assuming office.

3. NCACC’s LEGISLATIVE FRAMEWORK AND MANDATE • The NCACC is established in terms of Sec 2 of the NCAC Act which forms the basis for the NCACC’s existence and operation. • The Mandate of the NACCC is to regulate the development, manufacture, trade and transfer of conventional arms in South Africa. • The Act also establishes supporting structures. • The Act provides for detailed functions of the NCACC. • Over and above this, the NCACC administers the Regulation of Foreign Military Assistance Act (RFMA) and the Prohibition of Mercenary Activities Act.

4. COMPOSITION OF THE NCACC • The NCACC is a Cabinet Committee sui generis appointed specifically by the President. • The NCACC comprises of 8 Cabinet Ministers and 3 Deputy Ministers. • By law (Sec 5) the positions of Chairperson and Deputy Chairperson are held by Cabinet Ministers who do not have line function interests in the conventional arms business.

5. The current members of the NCACC are as follows: • Min J.T. Radebe, Chairperson. • Min G.M. Pandor, Deputy Chairperson. • Min L.N. Sisulu. • Min M.E. Nkoana-Mashabane. • Min R. H. Davies. • Min B.A. Hogan. • Min S. Cwele.

6. Min N. Mthethwa. • Deputy Min E.I. Ebrahim. • Deputy Min T.S. Makwetla. • Deputy Min N.M. Nene.

7. STRUCTURES OF THE NCACC • For the NCACC to deliver on its mandate, the following structures are established under the NCACC: • Directorate Conventional Arms Control to provide the Secretariat and Administrative support (Sec 8). • The Inspectorate to look after matters of compliance (Sec 9). • Sub Committee to make recommendations to the NCACC (Sec 7-Subcommittee) • Over and above these structures, the NCACC is supported by various government departments and agencies which, inter alia, include the SAPS, DOD, DICO, NIA, SASS, DTI, NPA and Customs.

8. FUNCTIONING OF THE NCACC • 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, a whole 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 reserves the right to withdraw issued permits on grounds it deems appropriate. • In order to facilitate trade, the NCACC delegates some its powers particularly to the Secretariat. (Sec 11). • The Secretariat executes the decisions of the NCACC.

9. KINDS OF PERMITS • Kinds of Permits issued by the NCACC • Registration Permits to be recognized as a manufacturer and trader. • Marketing Permits. • Contracting Permits to enter into a contract. • Export Permits (Temporary & Permanent). • Import (Temporary & Permanent). • Transit /Conveyance.

10. NCACC RELATIONS WITH OTHER AGENCIES • The NCACC functions as part of a wider govt system of Arms Control. • Other agencies of govt involved in arms control are: • The SAPS Firearms Registry which administers the Firearms Control Act iro commercial firearms. • The Non-Proliferation Council that administers the Non Proliferation Act iro of WMD materials and equipment. • The Firearms Registry seeks the NCACC authorisation if certain set thresholds are reached (i.e. 10 per type or 20 000 rounds of ammunition. • Items that have properties that lend themselves to both the NCACC and the NPC are subjected to double controls.

11. CATERGORISATION OF WEAPONS • Is the tool used to understand the lethality of an equipment and these are: • Category A. Comprising sensitive major conventional implements of war that could cause heavy personnel casualties and/or major damage and destruction to materiel, structures, objects and facilities. Examples are fighter aircraft, submarines, explosives, missiles, bombs, artillery guns, tanks, weapons with a calibre of 12,7mm (0, 5 inch) and larger, etc. • Category B. Comprising all types of handheld and portable assault weapons of a calibre smaller than 12,7mm (0,5 inch). Examples are assault rifles, machine guns, ammunition for the weapons, etc.

12. Category C. Comprising all support equipment usually employed in the direct support of combat operations that have no inherent capability to kill or to destruct. Examples are radio transceivers, radars, unmanned air vehicles, simulators, etc. • Category D. Comprising all purposely designed de-mining, mine clearing and mine detection equipment and all non-lethal pyrotechnical and riot control products. Examples are mine detectors, riot control agents, flares, etc. • Category E. Comprising all those armaments and related products that are not allowed to be sold. Examples are anti-personnel mines, incendiary weapons, laser weapons, etc. • Category G. Comprising all purposely built armaments manufacturing equipment, plants, facilities and test ranges for the manufacture, development, maintenance, test, upgrade and refurbishment of armaments products. As well as all purposely-developed techniques and services, other than contractual after-sales service, that has a relevance to the development, use, maintenance, assistance and advice in relation to armaments and related products.

13. REPORTING OBLIGATIONS • The NCACC reports to the following institutions: • Cabinet . • Parliament • United Nations.

14. CHALLENGES • In the period under review, the NCACC had to deal with the following challenges: • Unexpected exponential growth of the defence industry business which had an impact on the administrative capacity of the NCACC (120 (1996) 800 (2008)). • Handling of the information that the NCACC deals with in terms of access, confidentiality and risk. • Realignment of the defence industry business through cross -atlantic mergers, acquisition and partnerships.

15. DEALING WITH CHALLENGES • The NCACC is dealing with the challenges in the following manner: • Reviewing its Administrative Support with a view to drastically increase its capacity to attend to all standing obligations. • Processed through Parliament amendments to the NCAC Act for purposes of dealing effectively with many matters including: • Mergers and Acquisitions. • Promoting access to info with due regard to all applicable sensitivities. • Facilitating defence industry trade whilst promoting responsibility and accountability.

16. WHAT THE NEW NCACC HAS DONE • The new NCACC was appointed by the President to take effective office on 21 July 2009. • Held 4 meetings already (i.e. 29 July, 04 August, 05 August and 27 August 2009). • Effectively dealt with backlog that has arisen. • Considered and decided on Contracting Permits to the value of R 12,6 billion. • The full details of these Contracts authorized by the NCACC will be provided in the NCACC reports compiled in line with the requirements of Section 23 of the Act.

17. Thank You