National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)Chapter II : Control and Inspection14. Permits |
| (1) | Any person who wishes to obtain a permit contemplated in section 13 must apply to the Committee in the prescribed manner. |
| (2) | The Committee may authorise the issue of a permit subject to such conditions as it may decide upon, or refuse to authorise the issue of a permit. |
(3) The Committee must, by notice in writing to the person who has been issued a permit in terms of subsection (2)—
| (a) | cancel or suspend the permit if any condition of the permit has not been or is not being complied with; |
| (b) | cancel the permit if the person who has been issued the permit is convicted of an offence in terms of this Act; |
| (c) | cancel, amend or suspend the permit if it is in the interest of the protection of the security of the Republic; or |
| (d) | cancel, amend or suspend the permit if it is in the interest of maintaining and promoting international peace or avoiding repression and terrorism. |
(4) A permit issued under subsection (2)—
| (a) | must prescribe the quantity, type and value of the controlled items, where applicable, which may be transferred or destroyed domestically, exported, re-exported, marketed, imported, conveyed, manufactured, traded or brokered thereunder; |
| (b) | may prescribe the period within which, the harbour, port or airport through or from which, the person, country or territory from or to which, the route along which and the manner in which the controlled items in question must be transferred or destroyed domestically, exported, re-exported, marketed, imported, conveyed, manufactured, traded or rendered; and |
(c) may prescribe such other conditions as the Committee determines.
[Subsection (4) substituted by section 8(a) of theNational Conventional Arms Control Amendment Act No. 73 of 2008]
| (5) | An application for a permit for the re-exportation of controlled items must be accompanied by a notification issued by the government of the country from which such controlled items were originally imported, indicating that government’s consent that such items may be so re-exported. |
[Subsection (5) substituted by section 8(b) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
| (5A) | Any person who applies for a permit contemplated in this section, must give an undertaking to the Committee in the prescribed form and manner that the re-exportation of controlled items does not violate end-user requirements set by any foreign supplier. |
[Subsection (5A) inserted by section 8(c) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
(6) A permit issued under subsection (2) expires—
| (a) | when the particulars of the holder no longer correspond with that person’s particulars as entered in a register contemplated in section 4(1)(g); |
| (b) | upon the take-over, deregistration, insolvency or liquidation of the business concern in respect of which the permit was issued; or |
| (c) | upon the death of the person to whom the permit was issued. |
(7) A permit issued under this section may not be transferred.
| (8) | The Committee must refuse to authorise a permit if the applicant, or if the applicant is a company, any executive officer of the company or any member of its board of directors, has after the Constitution took effect been convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic. |