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

Chapter II : Control and Inspection

23. Disclosure and non-disclosure of information
Purchase cart Previous page Return to chapter overview Next page

 

 

(1)        The Committee must—

(a) annually prepare a report and cause such report to be submitted to the Secretary-General of the United Nations for the purposes of the United Nations Register of Conventional Arms, established in terms of United Nations Resolution 46/36L of 6 December 1991;
(b) annually or from time to time prepare a report and cause such report to be submitted to any international body as may be required in terms of the Republic’s international obligations; and
(c)report to Cabinet and Parliament on all transfers of controlled items concluded during the preceding quarter.

 

(2)A copy of the report contemplated in subsection (1)(a) must be tabled in Parliament before it is submitted to the United Nations.

 

(3)        

(a)The Committee must at the end of the first quarter of each year present to Parliament an annual report on all transfers of controlled items concluded during the preceding calendar year.
(b) The report contemplated in paragraph (a) must—
(i) reflect the country, type and description of controlled items involved, the total value per type exported to the country for the year; and
(ii)reflect the quantity of controlled items involved, except if disclosure is prohibited in terms of a confidentiality clause in the contract of sale.

 

(4) In the case of information contemplated in subsection (3)(b)(ii), the Committee must submit such information to Parliament on a confidential basis.

 

(5) Information concerning the technical specifications of controlled items may be omitted from a report contemplated in this section in order to protect military and commercial secrets.

 

(6) No person may disclose any information concerning the business of the Committee except—
(a)with the permission of a competent authority;
(b) as required in terms of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);
(c)to a person who needs the information for performance of official functions; or
(d)to execute the decisions of the Committee.

 

(7)        For the purposes of this section ‘transfers’ include the following:

(a)        registration;

(b)        marketing;

(c)        contracting;

(d)        export;

(e)        import; or

(f)        conveyance.

 

[Section 23 substituted by section 14 of the National Conventional Arms Control Amendment Act No. 73 of 2008]