A NCACC permit was applicable in instances where the original vendor gave the original purchaser specific permission to resell to a specific party. A permit was an expression of authorisation by the NCACC, whereas a Certificate was an undertaking by the end user.
The National Council of Province’s Select Committee on Security & Constitutional Affairs has cleared the National Conventional Arms Control Amendment Bill for passage through the upper house of Parliament.
The Parliamentary Monitoring Group (PMG) reports the committee unanimously adopted a Motion of Desirability on the Bill after agreeing that it “was not controversial.” They also noted the Bill passed the National Assembly last month with all party support.
The PMG recorded that NCOP members expressed concern about the NCACC`s capacity to process applications for permission to export arms, and at allegations that delays on the NCACC`s part had resulted in loss of contracts.
They also sought assurance that arms could be sold and on-sold only to countries approved by the United Nations, and with South Africa`s consent, and that the NCACC would regularly report to Parliament, as required by law but, to date not done in practice.
NCACC secretary and DoD Director of Conventional Arms Control Dumisani Dladla answered concerns about the organisation`s capacity by reminding MPs that the NCACC was a Cabinet committee that met at predetermined times. The day to day business was in the hands of the Secretariat, which he headed.
He admitted that capacity in the secretariat “was a challenge” but added “efforts were being made to increase the capacity of the secretariat to deal with its day-to-day work.” The secretariat`s structure was also being revised “in order to deal promptly with applications as they arrived from industry”.
Dladla also explained said the purpose of End User Certification (EUC). He said EUC served to certify that the purchaser of arms, for instance emanating from South Africa, would use these only for the purpose declared. If that purchaser decided, after some years, to on-sell the arms to another country, then it would, in terms of the original End User Undertaking (EUU), be required to refer back to South Africa, to seek its permission to forward or sell the arms to another, specified country. South Africa would have the option to agree or to refuse.
When the NCACC considered applications from companies, it would give authorisation in the form of a permit, with preconditions. Dladla did not expand on the point by these would likely include a EUU and EUC.