1a. Legislation, regulations, or administrative procedures provide for control over exports of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
1b. Legislation, regulations, or administrative procedures provide for measures to regulate imports of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
1c. Legislation, regulations, or administrative procedures provide for measures to regulate transit/transshipment of conventional arms including SALW and ammunition?
If yes, list laws, regulations, or administrative procedures Yes
1d. Legislation, regulations, or administrative procedures provide for measures to regulate brokers/brokering of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
2a. The competent national authority/ies for the control of exports is/are:
Customs / Ministry of Finance No
Ministry of Defence Yes
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs No
Ministry of Interior / Police No
Transfer Control Agency Yes
Other No
2b. The competent national authority/ies for the regulation of imports is/are:
Customs / Ministry of Finance No
Ministry of Defence Yes
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs No
Ministry of Interior / Police No
Transfer control agency Yes
Other No
2c. The competent national authority/ies for the regulation of transit/transshipment is/are:
Customs / Ministry of Finance No
Ministry of Defence Yes
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs No
Ministry of Interior / Police No
Transfer control agency Yes
Other No
2d. The competent national authority/ies for the regulation of brokers and/or brokering activities is/are:
Customs / Ministry of Finance No
Ministry of Defence Yes
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs No
Ministry of Interior / Police No
Transfer control agency Yes
Other No
3a. National control list of conventional arms subject to transfer controls.
If yes, please specify Yes
1. A transfer is prohibited if it would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes
If yes, please specify Yes
2. A risk assessment is conducted before issuing an export authorization
If yes, please specify Yes
3. National legislation, regulations or policy guidelines include the following] risk assessment criteria
Contribute to or undermine peace and security Yes
Commit or facilitate a serious violation of international humanitarian law to which State is a party Yes
Commit or facilitate a serious violation of international human rights law to which State is a party Yes
Commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which State is a party Yes
Commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which State is a party Yes
Commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children Yes
Risk of diversion Yes
Other No
5. Risk mitigation measures that could be undertaken to mitigate identified risks
If yes, use free text box for types of risk mitigation measures utilized Yes
1. There is an authorization or licensing system to control the export of conventional arms
If yes, please specify Yes
2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to export conventional arms
End Use; End User Country; an Authenticated End User Certificate; Integrator (if necessary); Consent for re-exportation after integration
3. The national control system permits exports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
4. State maintains records of export authorizations
State maintains records of export authorizations? Yes
4a. Records of export authorizations are kept for … years
minimum 20 years
4b. Information contained in records of export authorizations includes:
Quantity Yes
Value Yes
Model / type Yes
Importing state Yes
End-User Yes
Other (please specify) No
5. State maintains records of actual exports
If yes, please specify Yes
5a. Records of actual exports are kept for … years
minimum 20 years
5b. Information contained in records of actual exports includes:
Quantity Yes
Value Yes
Model / type Yes
Importing state Yes
End-User Yes
Other (please specify) Yes
1. There is an authorization or licensing system to regulate the import of conventional arms
If yes, please specify Yes
2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to import conventional arms
End Use; End User Country; an Authenticated End User Certificate; Integrator (if necessary); Consent for re-exportation after integration
3. The national control system permits imports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
4. State maintains records of actual imports
If yes, please specify Yes
4a. Records of actual imports are kept for … years
minimum 20 years
4b. Information contained in records of actual imports includes:
Quantity Yes
Value Yes
Model / type Yes
Exporting state Yes
End-User No information provided
Other (please specify) Yes
1. Definition of transit and/or transshipment in national legislation and/or regulations
If yes, please specify Yes
In South Africa, Transit/Transhipment is referred to as a Conveyance and this is highlighted in the NCAC ActA conveyance permit is required to enable the holder of a Registration Certificate (RC) to convey controlled items owned by a person residing in a foreign country through or over the territory of the Republic of South Africa, (RSA). Such an application must include a Diplomatic Note from the government of the country that owns the controlled items that are intended to be conveyed through the RSA
2. The national system regulates the transit/transshipment of conventional arms
By land Yes
By sea Yes
By air Yes
3. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to transit/transship conventional arms
Registration status of Clearance Agency or Freight-Forwarder, must be ascertained. ONLY an accredited Entity can partake in this transaction. A Conveyancing Permit (transit) is also required. This aspect is regulated in accordance with the Act.
4. The national control system permits transit/transshipment of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
5. State maintains records of transit/transshipment authorizations
If yes, please specify Yes
5a. Records of transit/transshipment authorizations are kept for … years
20 years
5b. Information contained in records of transit/transshipment authorizations includes:
Quantity Yes
Value Yes
Model / type Yes
Exporting state Yes
Importing state Yes
End-User Yes
Other (please specify) Yes
1. Definition of broker and/or brokering in national legislation and/or regulations
If yes, please specify Yes
Jurisdiction in terms of our Law is founded amongst others on Nationality (Citizenship). Thus a SouthAfrican citizen regardless of where He/She is in the World, is subject to the law of the Country. In the caseof transfers taking place between two third countries, the nexus is the South African citizen.[from BAP]South Africa's approach is to manage the trade in controlled items (arms) in all the various aspects, through a legitimate, transparent process. This allows for legitimate trade but implement measures that would prevent the diversion of controlled items to non-authorised persons and entities. South Africa's controls, depending on the sensitivity of the controlled items aim to include the following controls:Provision of (brokering) services, i.e.- acting as an agent in negotiating or arranging of a contract, purchase, sale or transfer of controlled items for a commission, advantage or cause, whether financially or otherwise-acting as an agent in negotiating or arranging a contract for the provision of services for a commission, advantage or cause, whether financially or otherwise.
2. The national system regulates brokers and/or brokering activities
Registration of brokers only N/A
Authorization to conduct brokering only N/A
Two-stage process of registration of brokering and authorization for brokering Yes
3a. Information and/or documentation provided to the competent national authority in an application to register as a broker
Status of registration with the licensing authority must be valid, Permit(s) as required.
3b. Information and/or documentation provided to the competent national authority in an application for a licence or another form of authorization to conduct brokering
Status of registration with the licensing authority must be valid, Permit(s) as required.
4. The national control system permits brokering of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
5. State maintains a register of brokers
If yes, please specify No information provided
5a. Records of registered brokers are kept for … years
no information provided
6. State maintains records of brokering licences or authorizations
If yes, please specify Yes
6a. Records of brokering authorizations are kept for … years
no information provided
6b. Information contained in records of brokering authorizations includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Exporting state No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
7. Regulation of activities closely associated with brokering
If yes, please specify Yes
1. Measures to mitigate the risk of diversion
Establishment of mitigation measures Yes
Provision, upon request, of end use / end user documentation to the exporting State Yes
Measures in place to verify or seek to authenticate EUCS or other types of end-user documentation [SALW] Yes
Measures in place aimed at preventing the forgery and misuse of EUCs or other types of end-user documentation [SALW] Yes
Requirement for end use / end user assurances from an importing State (or industry) Yes
Examination, where appropriate, of parties involved in a transfer Yes
Requirement, where appropriate, for additional documentation, certificates, assurances for a transfer Yes
Exchange of relevant information with other States Parties on effective measures to address diversion, as well as on illicit activities and actors Yes
Reporting to an international or regional body on measures taken to address diversion of transferred conventional arms Yes
When exporting, State requires a Delivery Verification Certificate (DV) to confirm that SALW have reached their intended end-user or intended importer in the importing State [SALW] Yes
When importing, the State grants the right to the exporting State to conduct a physical check at the point of delivery [SALW] Yes
Other measures No
2. Information contained in end user documentation (e.g. EUC)
Detailed description of the SALW or technology Yes
Contract number of order reference and date Yes
Final destination country Yes
Description of the end-use of SALW Yes
Exporter's details (name, address and business name) Yes
End-user information (name, position, full address, and original signature) Yes
Information on other parties in the transaction Yes
Certification by the relevant government authorities of the authenticity of the end-user Yes
Date of issue Yes
Other No
3. Measures to Control SALW re-exports:
Re-export of SALW only permitted when there is prior notification No
Re-export of SALW is permitted only when there is prior approval Yes
4. State takes appropriate measures when a diversion has been identified
Alert potentially affected States Yes
Investigative and law enforcement measures at the national level Yes
Use international tracing mechanisms to identify points of diversion Yes
Other measures No
1. State takes measures to enforce national laws and regulations
State takes measures to enforce national laws and regulations Yes
2. Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation
Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation Yes
1. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the implementation of the UN Programme of Action on Small Arms (PoA)
If yes, please specify Yes
2. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the United Nations Register of Conventional Arms
If yes, please specify No information provided
3. The national system includes one or more national points of contact to exchange information on ATT implementation
If yes, please specify Yes
1. The state makes information publicly available on the national system to control/regulate international arms transfers and address diversion
National report on implementation of the PoA Yes
ATT initial report Yes
1540 matrix Yes
National report on the national system to control/regulate international arms transfers and address diversion Yes
ATT-BAP survey Yes
2. The state makes information publicly available on arms imports and exports
UN Register of Conventional Arms Yes
UN Register of Conventional Arms - SALW Yes
ATT annual report Yes
Arms transfers reported to Comtrade No information provided
Regional instrument N/A
National report on arms transfers Yes
3. Website for more information on national system