1. On 30 August 1995 Cabinet approved new interim policy on arms control and the defence industry. This Chapter is based largely on that policy, as contained in the Cabinet memorandum on the `Rationale and Proposed Principles Governing Conventional Arms Control'.
DEFENCE INDUSTRY
2. As noted earlier, the retention of a core force capability will entail the maintenance, upgrading and, where necessary, the replacement of weapons and equipment.
3. The services of an efficient defence industry are required to address these needs and enable the SANDF to meet its constitutional obligations. The industry will permit the cost-effective purchase of certain products and systems, ensure life-cycle maintenance and support of such systems, and perform refurbishment and upgrades of existing equipment.
4. The defence industry must have access to international markets in order to facilitate cost-effective performance and reduce the unit costs of producing items for the SANDF.
5. However, the defence equipment required by the SANDF cannot and should not be procured exclusively from the local industry. Many complex systems cannot be produced domestically and will have to be imported. Management expertise for the specialised procurement function is located within the DOD.
6. In circumstances of diminishing domestic defence expenditure and falling global arms sales, the industry will be encouraged to convert production capability to civilian manufacture without losing the key technological capability needed for military production.
7. Policies will be formulated to establish the specific and limited conditions under which the defence industry will be subsidised.
8. In the light of new defence policy, the ending of the arms embargoes against South Africa and the restrictive approach to arms transfers outlined below, the government will prepare a White Paper on the Defence Industry in consultation with Parliament, stakeholders and interest groups.
PRINCIPLES GOVERNING CONVENTIONAL ARMS TRADE
9. The import and export of conventional arms, and the transit of arms through South Africa, shall be subject to a control process and permit system under the auspices of a cabinet committee, the National Conventional Arms Control Committee (NCACC).
10. In a competitive international market, it is important that South Africa and its defence industry be regarded as a responsible and reliable supplier of defence materiel.
11. The government will support the export initiatives of the defence industry by permitting it to contract and honour obligations which have been duly approved. However, the government reserves the right to prohibit or withdraw such support should it be in conflict with international or national interests at any time.
12. The principle of openness and transparency relating to arms trade shall apply. This will be limited only by national security interests.
13. New arms control measures are based on the principles of the United Nations Charter, international law, recognised international arms control systems, and a balance of economic, ethical, political, military and security considerations.
14. A legitimate arms control system shall ensure a responsible approach to arms transfers. In this regard, South Africa affirms the following:
14.1 That in accordance with the principles and aims of the United Nations Charter, a reduction of world military expenditure could have a significant positive impact for the social and economic development of all peoples.
14.2 That sovereign states have the inherent right of self-defence in terms of the UN Charter.
14.3 The need to ensure that conventional arms transfers are not used in violation of the purposes and principles of the UN Charter.
14.4 That excessive and destabilising conventional arms build-ups pose a threat to national, regional and international peace and security. Arms sales should continuously be evaluated and reviewed, especially with regard to countries in war-prone regions, in order to avoid the possible escalation of regional conflict.
14.5 The need for effective national mechanisms for controlling the transfer of conventional arms and related technologies.
15. In order to further the general aim of an international co-operative and common approach to security, South Africa will promote and exercise due restraint in the transfer of conventional arms and related technologies by taking the following factors into account:
15.1 Respect for human rights and fundamental freedoms in the recipient country, with reference to the Universal Declaration of Human Rights and the African Charter on Human and People's Rights. Due consideration will be given especially in cases where political, social, cultural, religious and legal rights are seriously and systematically violated by the authorities of that country.
15.2 The security situation in the recipient country and surrounding region, in the light of existing tensions or armed conflicts.
15.3 The record of compliance by the recipient country with regard to international arms control agreements and treaties.
15.4 The nature and cost of the arms to be transferred in relation to the circumstances of the recipient country, including its legitimate security and defence needs and the objective of the least diversion of human and economic resources for armaments.
15.5 The degree to which arms sales are supportive of South Africa's national and foreign interests.
16. South Africa shall not transfer arms to countries which systematically violate or suppress human rights and fundamental freedoms.
17. Further, South Africa shall avoid arms transfers and trade which would be likely to:
17.1 be used for the violation or suppression of human rights and fundamental freedoms;
17.2 contravene South Africa's international commitments, in particular its obligations under arms embargoes adopted by the UN Security Council and other arms control agreements or responsibilities in terms of internationally accepted custom;
17.3 contribute to the escalation of regional conflicts, endanger peace by introducing destabilising military capabilities into a region, or otherwise contribute to regional instability and negatively influence the balance of power;
17.4 be diverted within the recipient country or re-exported for purposes contrary to the principles stated in this Chapter;
17.5 have a negative impact on South Africa's diplomatic and trade relations with other countries;
17.6 support or encourage terrorism; or
17.7 be used for purposes other than the legitimate defence and security needs of the recipient country.
ARMS CONTROL PROCESS AND STRUCTURES
18. Conventional armaments and related technology may not be imported, transferred through South Africa or marketed or exported abroad without a duly approved permit.
19. Export permits will not be granted in the absence of an End-User Certificate (EUC) issued by the importing government. The EUC should indicate clearly the identity of the issuing authority, the specifications and quantity of the armaments in question, and a commitment by the purchaser not to resell or transfer the arms without the permission of the South African government.
20. In the event of an importing country acting in breach of this commitment, the transgression will be publicised internationally. All further arms sales to that country shall be prohibited.
21. Applications for permits shall be assessed on a case-by-case basis in relation to i) a system of product classification and ii) the principles and guidelines outlined above.
22. The DOD will have interim responsibility for this process, with the Secretary for Defence as the accountable officer.
23. The first phase of the process will entail the technical processing of permit applications. The body which undertakes this task has been transferred from Armscor to the Defence Secretariat.
24. The applications shall thereafter be subject to a multi-departmental review process and to scrutiny by the Secretary for Defence and the Directors General of the Departments of Foreign Affairs and Trade and Industry.
25. These officials shall make recommendations to the newly established NCACC which will serve as the ministerial control, policy and decision-making authority. The Committee shall be accountable to Cabinet for these functions.
26. The Committee shall comprise the Ministers and Deputy Ministers of Defence, Trade and Industry, Foreign Affairs and Safety and Security; the Ministers of General Services and Arts, Culture, Science and Technology; and the Deputy Minister of Intelligence Services. The Committee shall be chaired by a Minister who does not have a line function interest concerning arms trade.
27. An independent Inspectorate will be established to ensure that all levels of the process are subject to scrutiny and oversight, and that arms trade is conducted strictly in accordance with the policies and guidelines of the NCACC. The Inspectorate will make periodic reports to the appropriate parties and the standing parliamentary defence committees.
INTERNATIONAL ARMS CONTROL REGIMES AND TREATIES
28. South Africa is committed to the international cause of non-proliferation of weapons of mass destruction (ie nuclear, biological and chemical weapons and related technology, as well as advanced missile systems and missiles as defined by the Missile Technology Control Regime).
29. The Non-Proliferation of Weapons of Mass Destruction Act (1993) controls the export of technology, materiel and equipment used in the production of weapons of mass destruction and other advanced weapons systems.
30. South Africa became a State Party to the Nuclear Non-Proliferation Treaty in 1991, and concluded a Comprehensive Safeguards Agreement with the International Atomic Energy Agency shortly thereafter.
31. South Africa became a member of the Nuclear Suppliers Group (NSG) in April 1995. The NSG monitors dual-use materials, equipment and technologies used in the development or manufacture of nuclear weapons.
32. South Africa has been a State Party to the Biological Weapons Convention since 1972, and signed the Chemical Weapons Convention in 1993.
33. South Africa has applied for membership of the Missile Technology Control Regime which regulates the transfer of equipment and technology used in the production of missiles which are capable of delivering weapons of mass destruction.
34. South Africa has applied for membership of the United Nations Conference on Disarmament, the premier international negotiating forum on disarmament.
35. In September 1995 South Africa acceded to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons. The Convention restricts and/or prohibits the use of weapons such as land mines and booby-traps which cause indiscriminate death and injury to civilians.
36. In July 1994 South Africa placed an indefinite moratorium on the export of land mines.
37. South Africa will provide data and information on arms transfers as required by the United Nations resolution establishing the Register of Conventional Arms. South Africa will promote the inclusion of small arms transfers in the Register.
38. South Africa will promote the establishment of a regional arms register which records the transfer of conventional arms and light weapons in Southern Africa.
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