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]