National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)

Chapter II : Control and Inspection

15. Guiding principles and criteria

Purchase cart Previous page Return to chapter overview Next page

 

 

When considering applications contemplated in section 14 the Committee must

(a)assess each application on a case-by-case basis;
(b)safeguard the national security interests of the Republic and those of its allies;
(c)avoid contributing to internal repression, including the systematic violation or suppression of human rights and fundamental freedoms;
(d)avoid transfers of controlled items to governments that systematically violate or suppress human rights and fundamental freedoms;

[Paragraph (d) substituted by section 9 of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(e)avoid transfers of controlled items that are likely to contribute to the escalation of regional military conflicts, endanger peace by introducing destabilising military capabilities into a region or otherwise contribute to regional instability;

[Paragraph (e) substituted by section 9 of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(f)adhere to international law, norms and practices and the international obligations and commitments of the Republic, including United Nations Security Council arms embargoes;
(g)take account of calls for reduced military expenditure in the interests of development and human security;
(h)avoid contributing to terrorism and crime;
(i) consider the conventional arms control system of the recipient country and its record of compliance with end-user certificate undertakings, and avoid the export of conventional arms to a government that has violated an end-user certificate undertaking;
(j) take into account the inherent right of individual and collective self-defence of all sovereign countries in terms of the United Nations Charter; and
(k)avoid the export of controlled items that may be used for purposes other than the legitimate defence and security needs of the government of the country of import.

[Paragraphs (k) substituted by section 9 of the National Conventional Arms Control Amendment Act No. 73 of 2008]