PRESENTATION TO THE JOINT STANDING COMMITTEE ON DEFENCE JSCD BY MINISTER JM MTHEMBU CHAIRPERSON OF THE NCACC NCACC REPORTS INTRODUCTION The NCACC would like to thank the Joint Standing Committee on Defence JSCD for this Invitation to present the 2018 and 2019 Annual Reports ID: 1037622
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1. NATIONAL CONVENTIONAL ARMS CONTROL COMMITTEE (NCACC)PRESENTATION TO THE JOINT STANDING COMMITTEE ON DEFENCE (JSCD).BY MINISTER J.M. MTHEMBU – CHAIRPERSON OF THE NCACCNCACC REPORTS
2. INTRODUCTIONThe NCACC would like to thank the Joint Standing Committee on Defence (JSCD) for this Invitation to present the 2018 and 2019 Annual Reports. The NCACC has approached the task as follows:The 2018 Annual Report, including statistics.The 2019 Annual Report, including statistics. All these Reports have already been tabled in Parliament.We trust that the JSCD will accept this approach.
3. PROCEDURAL MATTERS REGARDING BRIEFING THE JSCD THE NCACCReporting to Parliament is prescribed in the law. (The NCAC Act)Appearing to brief the JSCD is by invitation in terms of the Committees oversight role.The NCACC will always respond to the invitation by the JSCD to provide the briefing The NCACC can only brief the JSCD on tabled Reports to Parliament.
4. PROCEDURAL MATTERS REGARDING BRIEFING THE JSCD THE NCACCTabling of Report(s) will always occur within 45 days after a period of reporting. This is how reporting is realised:The Period of reporting must conclude first.Within the month following the Report must be approved by the NCACC.Within 14 days of approval the Report(s) must be submitted for tabling in Parliament.
5. HIGHLIGHTS OF 2018/19 The NCACC received a clean Audit for the Financial Year 2018 this is an unbroken record for the past 10 years.South Africa chosen by the Arms Trade treaty (ATT) to present its Arms Control framework to the ATT Technical Working Group in Geneva, April 2019.
6. HIGHLIGHTS OF 2018/19 South Africa was admitted to the Bureau of the ATT in Geneva, we are the only African Country and 1 of 6 globally.
7. THE CONTEXT – INTERNATIONAL:THE LEGAL FRAMEWORKTreaties – based on International Public Law, which is Legally Binding. Conventions – based on International Common Law, through accepted practice which is morally and persuasively Binding.International Interest Group Arrangement(s) attempt to close gaps that may not be covered by either (Treaty and Convention).
8. South Africa’s membership to Treaties and ConventionsATT – Arms Trade TreatyMBT – Anti-Personnel Mine Ban TreatyCCW - Certain Conventional WeaponsCCM - Convention on Cluster MunitionsWA- Wassenaar Arrangement8CONVENTIONAL ARMS CONTROL
9. South Africa’s membership to Treaties and ConventionsNon Proliferation Treaty - NPT Biological Weapons Control (BWC)Chemical Weapons Convention (CWC) Missile Technology Control Regime (MTCR)NSG - Nuclear Suppliers GroupZangger Committee Trigger List9WEAPONS OF MASS DESTRUCTION AND DELIVERY SYSTEMS
10. THE CONTEXT- DOMESTIC:THE LEGISLATIVE IMPERATIVEThe National Conventional Arms Control ActAct 41 of 2002 (as amended) (primary Act).Act 73 of 2008 (amendment Act). The National Conventional Arms Control Act also frames the:Regulation of Foreign Military Assistance Act (RFMA), Act 15 of 1998.Prohibition of Mercenary Activities and Regulation of Certain Activities in an area of Armed Conflict Act – Act 27 of 2006.
11. POLICY IMPERATIVESThe Act captures the Object as being:To ensure compliance with Govt. policy in respect of arms control.To implement a legitimate, effective and transparent control process.To provide for an inspectorate to ensure compliance with the provisions of the Act.Protection of Economic and Security Interests.Foster National and International confidence for control over trade in conventional arms
12. G5 Howitzer
13. COMPOSITION OF THE COMMITTEEThe Committee is appointed by the President in terms of s5 of the NCAC Act.The Cabinet Committee is Sui GenerisThe Committee may not be chaired by (a) Minister(s) with a line responsibility interest in trade in conventional arms s5(3).A member must vacate office if: s4(a-c)Member resignsMember is removed from office by the President
14. NCACC MEMBERS 2018 MINISTERSMin. J.T. Radebe - ChairpersonMin G.N. Pandor – Deputy ChairpersonMin. N. Mapisa-NqakulaMin. R. DaviesMin. D.B. Letsatsi Duba Min. B. CeleMin. P.J. GordhanDEPUTY-MINISTERSDM E.R.K. MaphatsoeDM L.T. LandersDM M. Gungubele
15. NCACC MEMBERS 2019 MINISTERSMin. J.M. Mthembu - ChairpersonMin. R. Lamola - Deputy ChairpersonMin G.N. Pandor Min. N. Mapisa-NqakulaMin. A. Dlodlo Min. P.J. Gordhan Min. E. PatelMin. B. CeleMin. B. Nzimande DEPUTY-MINISTERSDM T.S.P. MakwetlaDM C. Mashego-DlaminiDM D. Masondo
16. PILLARS OF SA ARMS CONTROLNCACC ACTNON PROLIFERATION ACTFIRE ARMS CONTROL ACT &EXPLOSIVESACTRSA GOVERNMENTDODDTISAPS
17. TIERS OF DECISION MAKINGNCACCCabinet Committee - Sui GenerisChaired by the Minister in the Presidency: Min J.M. MthembuSCRUTINY COMMITTEEReview DepartmentsChaired by the Secretary for Defence: Dr S.M. GulubeDOD; DIRCO; DTI; SAPS; SSA; DEFENCE INTELLIGENCE
18. THE NCACC STRUCTURE18CABINET COMMITTEESCRUTINY COMMITTEESECRETARIATINSPECTORATEDEFENCE INDUSTRYCOMPLIANCE
19. SCRUTINY COMMITTEE (SC)Established in terms of s7(1-9).The SC is chaired by the Secretary for Defence as Director-General of the Department of Defence.Members are Senior Government OfficialsScrutinize and Recommend decisions to the NCACC.
20. SECRETARIAT Chief Directorate for Conventional Arms Control (CDCAC). Established in terms of s8 of the Act.Serves as the Secretariat of the National Authority for Licencing, the NCACC.Nodal Interface Point with the South African Defence Industry.
21. INSPECTORATE Directorate: Inspectorate and Audit.Established in terms of s9 and is accountable to the Committee, in terms of s9(1)(a).Object of the Inspectorate s9(2) (a-b).Ensure that the conduct in Conventional Arms Control is in compliance with the Act.Ensure that Internal regulatory Processes of the Committee are complied with.Inspectorate must consist of persons appointed by the Minister.
22. Hensoltdt IFF (Identify Friend/Foe)
23. ARMS CONTROL PROCESS23ApplicationConsiderationDecisionExecutionSubmissionsReviewRisk AssessmentRisk MitigationApproveHoldDenialDelivery
24. SAFEGUARDS ON TRANSFERSThe Guiding Principles and Criteria of s15:UN Security Council Resolutions (Arms Embargo)Governance – Politics, Human RightsRegional Dynamics – StabilityRisk of Diversion – Proliferation (Non State Actors)National Interest – Security, Political & Economic
25. SAFEGUARDS ON TRANSFERSThe receiving country must provide the NCACC with various undertakings (letters) s16.End-User Certificate (EUC) s17.Routine Inspections must be conducted s18.Entry and Search of Premises with warrant s19.Disclosure and Non disclosure of information s23.
26. SOURCES OF INFORMATION - RISKS ASSESSMENTPublicly available informationGovernment processed information from line function departmentsDiplomatic missions Information from bilateral and regional cooperation arrangementsInformation from multilateral institutions 26
27. PROCESS FLOW AND RISK MANAGEMENT27REGISTRATIONMARKETINGCONTRACTINGEXPORTRISK GATES AND MANAGEMENTIMPORTTRANSITTRANSHIPMENTBROKERING
28. EXCHANGE ASSURANCE28RSAOTHER COUNTRYABABTRANSFER OF GOODS/SERVICESPROVISION OF EUC
29. END USER CERTIFICATEA legal document recognised under International Law (article 1 Hague Convention)Required in terms of s17 of the Act, under pinned by s16Supports criteria 3 and 4 of s15 – Risk of Diversion (primarily) but lends greater support in promoting non-proliferation of arms (controlled items) and Regional StabilityPermit Holders are under obligation to provide a VALID End User Certificate Annexure B of the Government Gazette R35283 (9741 Vol. 562)Permit Holder must inform the potential client (importer) of the requirement that ensures that there is compliance with the NCAC Act. Without a valid EUC, an Export cannot be effected under Law 29TOOL
30. TOPICAL MATTERS HANDLED BY THE NCACC (years under review)Intersessional Approval Mechanism (IAM) - proposal to approve applications by the Committee when unable to sit on the date scheduledRisk Management of Transfer(s) in light of indications per risk. (Regional Instability/Diversion/Risk Diversion and End User Certificates, in relation to Sovereignty of Recepient.
31. Content of Report (s23)Report(s) must be presented to Parliament.Quarterly and Annually (Cabinet and Parliament)Content of Report is prescribed by law s23(2)The Report must reflect the following:Controlled Items regulation statistics; Exports authorised; Imports authorised; Conveyances authorisedThe Report has to comply with the UN Conventional Arms Register (UNCAR)UNCAR has 7 + 1 + 1 Categories.
32. REPORTING CYCLESStatistics done on a Calendar not Financial Year basisThe Annual Report of past calendar year is compiled, during the Q1 of the year following.The 1st Quarterly Report of current year is compiled during the 2nd Quarter.The Report to the United Nations is also compiled in Q2, this report needs approval by Parliament before submission to UN. DIRCO reports to the UN on behalf of RSA.
33. Mokopa Missile(Long Range Anti-Tank Missile)
34. 2018 ANNUAL STATISTICSCONTROLLED ITEMS STATISTICSEXPORT AUTHORISEDIMPORTS AUTHORISEDCONVEYANCE AUTHORISEDAPPENDIX A
35. 2018 ANNUAL AMOUNT/ VALUEREGISTRATIONS187MARKETING32CONTRACTINGNumber Permits AuthorisedNumber of Applications DeniedTotal Value of Contracts AuthorisedNo. of Countries Contracted1771R16,602,709,314.00 59EXPORTNumber Permits AuthorisedValue Permits AuthorisedTotal Countries Contracted with776R4,732,435,480.0066DESCRIPTION
36. 2018 ANNUAL …..continued.IMPORTNumber of Import Permits AuthorisedTotal Value of Imports AuthorisedTotal No. of Countries Imported from531R128,277,369.0035CONVEYANCE Number of Conveyance Permit(s) Authorised1Number of Countries Conveyanced to1
37. HensoldtMissile Launch Detection Sensor
38. 2019 ANNUAL STATISTICSCONTROLLED ITEMS STATISTICSEXPORT AUTHORISEDIMPORTS AUTHORISEDCONVEYANCE AUTHORISEDAPPENDIX A
39. 2019 ANNUAL AMOUNT/ VALUEREGISTRATIONS167MARKETING23CONTRACTINGNumber Permits AuthorisedNumber of Applications DeniedTotal Value of Contracts AuthorisedNo. of Countries Contracted1940R12,487,520,962.00 65EXPORTNumber Permits AuthorisedValue Permits AuthorisedTotal Countries Contracted with628R4,062,407,430.0064DESCRIPTION
40. 2019 ANNUAL … continued AMOUNT/ VALUEIMPORT Number Permits AuthorisedValue of ImportsTotal No. of Countries Contracted361R160,022,934.0035CONVEYANCENumber Permits AuthorisedValue Permits AuthorisedTotal Countries Contracted with101EXPORTS (DUAL USE GODS AND TECHNOLOGIES)Number of Permits Authorised13Total Value of ExportR89,410,416.00Total Number of Countries Exported to10DESCRIPTION
41. South African Materiel
42. 42 Arms Control: The Balancing ActDefence NeedsDefence Industry/EconomyNGOsProliferation ConcernsJobsGovernance & LegislationInternational Obligations
43. WHERE TO FIND US4th Floor Defence Headquarters, Armscor BuildingCorner Nossob and Rigel Streets, ErasmuskloofTel: +27 12 355 6109; Fax: +27 12 355 6274; email: makhosonke.jele@dod.mil.za43
44. SUMMARYThe NCACC Framework is grounded in domestic law, which is in harmony with Treaties and Conventions.The Cabinet Committee applies itself effectively within the confines of prescribed Laws.The Cabinet Committee supports compliance with our International Commitments on Arms Control and the Secretariat is supported to attend Arms Control Meetings wherever these meetings take place.Defence Industry members registered under the NCAC Act. are subject thereto and must operate, grow within those parameters (Arms Control Framework).
45. ConclusionThank YouQuestion and Answer Session