NATIONAL NATIONAL CONVENTIONAL ARMS CONVENTIONAL ARMS CONTROL COMMITTEECONTROL COMMITTEE

(NCACC)(NCACC)

Introductory Briefing to the Introductory Briefing to the PCDPCD

02 September 200902 September 2009

INTRODUCTIONINTRODUCTION On 20 August 2009, the PCD requested to have On 20 August 2009, the PCD requested to have

an introductory meeting with the NCACC.an introductory meeting with the NCACC.

In response to the request, the NCACC has In response to the request, the NCACC has prepared this presentation in order to address prepared this presentation in order to address the following aspects:the following aspects:

Introduction of the NCACC.Introduction of the NCACC.

Provide a brief overview of the functioning of the Provide a brief overview of the functioning of the NCACC.NCACC.

How the NCACC is dealing with its support capacity.How the NCACC is dealing with its support capacity.

What the new NCACC has done since assuming office.What the new NCACC has done since assuming office.

NCACC’s LEGISLATIVE NCACC’s LEGISLATIVE FRAMEWORK AND FRAMEWORK AND

MANDATEMANDATE The NCACC is established in terms of Sec 2 of the NCAC The NCACC is established in terms of Sec 2 of the NCAC

Act which forms the basis for the NCACC’s existence and Act which forms the basis for the NCACC’s existence and operation.operation.

The Mandate of the NACCC is to regulate the The Mandate of the NACCC is to regulate the development, manufacture, trade and transfer of development, manufacture, trade and transfer of conventional arms in South Africa.conventional arms in South Africa.

The Act also establishes supporting structures.The Act also establishes supporting structures.

The Act provides for detailed functions of the NCACC.The Act provides for detailed functions of the NCACC.

Over and above this, the NCACC administers the Over and above this, the NCACC administers the Regulation of Foreign Military Assistance Act (RFMA) and Regulation of Foreign Military Assistance Act (RFMA) and the Prohibition of Mercenary Activities Act.the Prohibition of Mercenary Activities Act.

COMPOSITION OF THE COMPOSITION OF THE NCACCNCACC

The NCACC is a Cabinet Committee The NCACC is a Cabinet Committee sui generis sui generis appointed specifically by the President.appointed specifically by the President.

The NCACC comprises of 8 Cabinet Ministers and 3 The NCACC comprises of 8 Cabinet Ministers and 3 Deputy Ministers.Deputy Ministers.

By law (Sec 5) the positions of Chairperson and By law (Sec 5) the positions of Chairperson and Deputy Chairperson are held by Cabinet Ministers Deputy Chairperson are held by Cabinet Ministers who do not have line function interests in the who do not have line function interests in the conventional arms business.conventional arms business.

The current members of the NCACC are as The current members of the NCACC are as follows:follows:

Min J.T. Radebe, Chairperson.Min J.T. Radebe, Chairperson.

Min G.M. Pandor, Deputy Chairperson.Min G.M. Pandor, Deputy Chairperson.

Min L.N. Sisulu.Min L.N. Sisulu.

Min M.E. Nkoana-Mashabane.Min M.E. Nkoana-Mashabane.

Min R. H. Davies.Min R. H. Davies.

Min B.A. Hogan.Min B.A. Hogan.

Min S. Cwele.Min S. Cwele.

Min N. Mthethwa.Min N. Mthethwa.

Deputy Min E.I. Ebrahim.Deputy Min E.I. Ebrahim.

Deputy Min T.S. Makwetla.Deputy Min T.S. Makwetla.

Deputy Min N.M. Nene.Deputy Min N.M. Nene.

STRUCTURES OF THE STRUCTURES OF THE NCACCNCACC

For the NCACC to deliver on its mandate, the For the NCACC to deliver on its mandate, the following structures are established under the following structures are established under the NCACC:NCACC:

Directorate Conventional Arms Control to provide the Directorate Conventional Arms Control to provide the Secretariat and Administrative support (Sec 8).Secretariat and Administrative support (Sec 8).

The Inspectorate to look after matters of compliance The Inspectorate to look after matters of compliance (Sec 9).(Sec 9).

Sub Committee to make recommendations to the Sub Committee to make recommendations to the NCACC (Sec 7-Subcommittee)NCACC (Sec 7-Subcommittee)

Over and above these structures, the NCACC is Over and above these structures, the NCACC is supported by various government departments and supported by various government departments and agencies which, agencies which, inter aliainter alia, include the SAPS, DOD, , include the SAPS, DOD, DICO, NIA, SASS, DTI, NPA and CustomsDICO, NIA, SASS, DTI, NPA and Customs. .

FUNCTIONING OF THE FUNCTIONING OF THE NCACCNCACC

The NCACC meets on monthly basis to consider arms The NCACC meets on monthly basis to consider arms transfer applications lodged by the defence industry with transfer applications lodged by the defence industry with the Secretariat. the Secretariat.

In deciding on these applications, the NCACC considers, a In deciding on these applications, the NCACC considers, a whole range of factors as provided for in Section 15 of whole range of factors as provided for in Section 15 of the Act (Guiding Principles).the Act (Guiding Principles).

On the basis of its consideration, the NCACC either On the basis of its consideration, the NCACC either Approves or Denies permit applications.Approves or Denies permit applications.

The NCACC reserves the right to withdraw issued permits The NCACC reserves the right to withdraw issued permits on grounds it deems appropriate. on grounds it deems appropriate.

In order to facilitate trade, the NCACC delegates some its In order to facilitate trade, the NCACC delegates some its powers particularly to the Secretariat. (Sec 11).powers particularly to the Secretariat. (Sec 11).

The Secretariat executes the decisions of the NCACC.The Secretariat executes the decisions of the NCACC.

KINDS OF PERMITS

Kinds of Permits issued by the NCACCKinds of Permits issued by the NCACC

Registration Permits to be recognized as a Registration Permits to be recognized as a manufacturer and trader.manufacturer and trader.

Marketing Permits.Marketing Permits.

Contracting Permits to enter into a contract.Contracting Permits to enter into a contract.

Export Permits (Temporary & Permanent).Export Permits (Temporary & Permanent).

Import (Temporary & Permanent).Import (Temporary & Permanent).

Transit /Conveyance.Transit /Conveyance.

NCACC RELATIONS WITH NCACC RELATIONS WITH OTHER AGENCIES 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.

CATERGORISATION OF CATERGORISATION OF WEAPONSWEAPONS

Is the tool used to understand the lethality of an Is the tool used to understand the lethality of an equipment and these are:equipment and these are:

Category A.Category A. Comprising sensitive major conventional Comprising sensitive major conventional implements of war that could cause heavy personnel implements of war that could cause heavy personnel casualties and/or major damage and destruction to materiel, casualties and/or major damage and destruction to materiel, structures, objects and facilities. structures, objects and facilities. Examples are fighter Examples are fighter aircraft, submarines, explosives, missiles, bombs, artillery aircraft, submarines, explosives, missiles, bombs, artillery guns, tanks, weapons with a calibre of 12,7mm (0, 5 inch) guns, tanks, weapons with a calibre of 12,7mm (0, 5 inch) and larger, etc.and larger, etc.

Category B.Category B. Comprising all types of handheld and portable Comprising all types of handheld and portable assault weapons of a calibre smaller than 12,7mm (0,5 assault weapons of a calibre smaller than 12,7mm (0,5 inch). inch). Examples are assault rifles, machine guns, Examples are assault rifles, machine guns, ammunition for the weapons, etcammunition for the weapons, etc..

Category C.Category C. Comprising all support equipment usually employed Comprising all support equipment usually employed in the direct support of combat operations that have no inherent in the direct support of combat operations that have no inherent capability to kill or to destruct. capability to kill or to destruct. Examples are radio transceivers, Examples are radio transceivers, radars, unmanned air vehicles, simulators, etc.radars, unmanned air vehicles, simulators, etc.

Category D.Category D. Comprising all purposely designed de-mining, mine Comprising all purposely designed de-mining, mine clearing and mine detection equipment and all non-lethal clearing and mine detection equipment and all non-lethal pyrotechnical and riot control products. pyrotechnical and riot control products. Examples are mine Examples are mine detectors, riot control agents, flares, etc.detectors, riot control agents, flares, etc.

   Category E.Category E. Comprising all those armaments and related products Comprising all those armaments and related products

that are not allowed to be sold. that are not allowed to be sold. Examples are anti-personnel Examples are anti-personnel mines, incendiary weapons, laser weapons, etcmines, incendiary weapons, laser weapons, etc..

   Category G.Category G. Comprising all purposely built armaments Comprising all purposely built armaments

manufacturing equipment, plants, facilities and test ranges for manufacturing equipment, plants, facilities and test ranges for the manufacture, development, maintenance, test, upgrade and the manufacture, development, maintenance, test, upgrade and refurbishment of armaments products. As well as all purposely-refurbishment of armaments products. As well as all purposely-developed techniques and services, other than contractual after-developed techniques and services, other than contractual after-sales service, that has a relevance to the development, use, sales service, that has a relevance to the development, use, maintenance, assistance and advice in relation to armaments and maintenance, assistance and advice in relation to armaments and related products.related products.

REPORTING REPORTING OBLIGATIONSOBLIGATIONS

The NCACC reports to the following The NCACC reports to the following institutions:institutions:

Cabinet .Cabinet .

Parliament Parliament

United Nations.United Nations.

CHALLENGESCHALLENGES In the period under review, the NCACC had to deal In the period under review, the NCACC had to deal

with the following challenges:with the following challenges:

Unexpected exponential growth of the defence Unexpected exponential growth of the defence industry business which had an impact on the industry business which had an impact on the administrative capacity of the NCACC (120 (1996) administrative capacity of the NCACC (120 (1996) 800 (2008)).800 (2008)).

Handling of the information that the NCACC deals Handling of the information that the NCACC deals with in terms of access, confidentiality and risk.with in terms of access, confidentiality and risk.

Realignment of the defence industry business Realignment of the defence industry business through cross -atlantic mergers, acquisition and through cross -atlantic mergers, acquisition and partnerships.partnerships.

DEALING WITH DEALING WITH CHALLENGESCHALLENGES The NCACC is dealing with the challenges in The NCACC is dealing with the challenges in

the following manner:the following manner:

Reviewing its Administrative Support with a view to Reviewing its Administrative Support with a view to drastically increase its capacity to attend to all drastically increase its capacity to attend to all standing obligations. standing obligations.

Processed through Parliament amendments to the Processed through Parliament amendments to the NCAC Act for purposes of dealing effectively with NCAC Act for purposes of dealing effectively with many matters including:many matters including:

Mergers and Acquisitions.Mergers and Acquisitions.

Promoting access to info with due regard to all applicable Promoting access to info with due regard to all applicable sensitivities.sensitivities.

Facilitating defence industry trade whilst promoting Facilitating defence industry trade whilst promoting responsibility and accountability. responsibility and accountability.

WHAT THE NEW NCACC WHAT THE NEW NCACC HAS DONE HAS DONE

The new NCACC was appointed by the President to take effective The new NCACC was appointed by the President to take effective office on 21 July 2009.office on 21 July 2009.

Held 4 meetings already (i.e. 29 July, 04 August, 05 August and 27 Held 4 meetings already (i.e. 29 July, 04 August, 05 August and 27 August 2009).August 2009).

Effectively dealt with backlog that has arisen.Effectively dealt with backlog that has arisen.

Considered and decided on Contracting Permits to the value of R Considered and decided on Contracting Permits to the value of R 12,6 billion.12,6 billion.

The full details of these Contracts authorized by the NCACC will be The full details of these Contracts authorized by the NCACC will be provided in the NCACC reports compiled in line with the requirements provided in the NCACC reports compiled in line with the requirements of Section 23 of the Act.of Section 23 of the Act.

Thank YouThank You