Non Proliferation Information Guide:

Information Guide on South African Non Proliferation Policy, Legislation, Mechanisms, Processes and Procedures

The Guidelines: Internal Compliance Programme for Industry provides a comprehensive insight to the background of the required non-proliferation controls in the Republic of South Africa. It offers guidelines to industry for dealing with such controls, as applicable to the industry sector concerned, with the emphasis on practical and relevant measures.

It consists of 2 parts, dealing with the following topics:

Part 1

Information Guide on South African Non-Proliferation Policy, Legislation, Mechanisms, Processes and Procedures

The Information Guide, deals with:

  • Non-Proliferation, Disarmament and Arms Control Policy, Legislation and Control System;
  • International Non-Proliferation and Disarmament Treaties, Agreements and Control Regimes;
  • Controlled Activities and Goods; and
  • Non-Proliferation of weapons of mass destruction (WMD): Control Processes and Procedures.

These guidelines are for guidance only. It is not a statement of the law, and businesses should continue to seek their own legal advice on the application of legislation.

Part 2

Internal Compliance Programme (ICP) for Industry

This part provides guidelines on an Internal Compliance Programme (ICP), which can be viewed under Compliance on this website. An ICP is a voluntary programme to assist entities involved in controlled activities and goods in complying with South African Non-Proliferation and other related Legislation. A vital part of an ICP is the establishment of mechanisms within the business that provide checks and safeguards at key stages in a secure supply chain, helping to better manage the overall control process. Such checks and safeguards help to ensure that the right questions are being asked to preclude non-compliance. An ICP aims to instil a culture within Industry to "think non-proliferation control".

The ICP calls for commitment to compliance by entities whose activities are regulated by the Act and it offers guidelines for dealing with controls. The emphasis is on practical and relevant measures and aspects typical of quality management. By establishing a practical approach to non-proliferation, these guidelines should ease trade procedures, benefit the customer and help the entity involved in controlled activities or with goods that could contribute to WMD programmes, to proceed with confidence.

 
1.2 Scope of the Guidelines:  Internal Compliance Programme for Industry
1.3 Terms of Reference
1.4 Purpose of the Internal Compliance Programme (ICP)
1.5 How can the ICP be Helpful?
2.1 Section 1:  Non-Proliferation, Disarmament and Arms Control  Policy, Legislation and Control System
2.1.1 National Policy on Non-Proliferation, Disarmament and Arms Control
2.1.2 South African Legislation on the Non-Proliferation of Weapons of Mass Destruction (WMD)
2.1.3 Features and Components of South Africa’s Non-Proliferation Control System
2.1.4 Developments since the Promulgation of the Act
2.2 Section 2: International Non-Proliferation and Disarmament Traties, Conventions and Control Regimes
2.2.1 Non-proliferation Areas of Control
2.2.2 Background to a number of the International Non-proliferation of WMD Related Treaties, Conventions and Control Regimes
2.2.3 South Africa is Party to International Treaties, Conventions and Control Regimes that relates to non-proliferation of WMD
2.2.4 Other Multilateral Organisations
2.2.5 Lists of Controlled Goods
2.3 Section 3:  Controlled Activities and Goods
2.3.1 Introduction
2.3.2 Controlled Activities and Goods
2.3.3 Classification of Activities and Goods
2.4 Section 4:  Non-Proliferation of WMD: Control Processes and Procedures
2.4.1 Non-Proliferation of WMD Control Structures
2.4.1.1 The South African Council for the Non‑Proliferation of Weapons of Mass Destruction (NPC)
2.4.1.2 Committees of NPC
2.4.1.3 The Non-Proliferation Secretariat (NPS)
2.4.1.4 Co-ordinating Control Structures to ensure effective stakeholder co-operation (Interdepartmental and Working Committees)
2.4.2 Registration, Permits and Authorisations
2.4.3 Guiding Principles and Criteria for the Granting of Permits
2.4.4 Compliance Visits by the Non-Proliferation Secretariat
  Appendix A: Application for Registration Form
  Appendix B: Import Permit Application Form
  Appendix C:  Export Permit Application Form
  Appendix D:  Guidelines to Industry Relating to the Process of Authentication of Foreign End-user Certificates
  Appendix E: Briefing Document to Industry on International Inspections Conducted under the Chemical Weapons Convention

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1.2 Scope of the Guidelines
The Guide provides a comprehensive insight to the background of the required non-proliferation controls in the Republic. It offers guidelines to industry for dealing with such controls, as applicable to the industry sector concerned, with the emphasis on practical and relevant measures. 

The Guide consists of 3 Parts, dealing with the following topics:

1.2.1 Introduction and Background
1.2.2 Information Guide on South African Non-Proliferation Policy, Legislation, Mechanisms, Processes and Procedures
  •  Non-Proliferation, Disarmament and Arms Control Policy, Legislation and Control System.
  • International Non-Proliferation and Disarmament Treaties, Agreements and Control Regimes.
  • Controlled Activities and Goods.
  • Non-Proliferation of WMD:  Control Processes and Procedures.
1.2.3 Internal Compliance Programme (ICP) for Industry
  • ICP Element 1:  Commitment to Compliance (Statement or Declaration of Intent to Comply with South African Non-proliferation of Weapons of Mass Destruction Policy and Legislation)
  • ICP Element 2:Nomination of responsible personnel.
  • ICP Element 3: Information and training.
  • ICP Element 4: Internal compliance procedures.
  • ICP Element 5: Handling of (suspicious) enquiries/orders.
  • ICP Element 6: Record keeping.
  • ICP Element 7: Provision for audits.
  • ICP Element 8: Integration with quality management practices.

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1.3 Terms of Reference
South African Non-Proliferation Policy and Legislation, other related legislation and Cabinet decisions informed this Guide. It also reflects the decisions and guidelines received from the NPC, as well as South Africa’s international obligations and commitments under the relevant United Nations Security Council Resolutions and International Treaties, Agreements and Control Regimes that South Africa is party to. This Guide contains terminology, which is specific to the field of non-proliferation.  Such terminology is defined and explained in the Glossary of Terminology in Annexure 1.

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1.4 Purpose of the Internal Compliance Programme (ICP) For Industry
Industry is the first line of defence in any country’s non-proliferation control system. It is, therefore, important that Industry be made aware and equipped to fulfil this role. It is recommended that companies, on a voluntary basis, issue and implement their own Internal Compliance Programmes (ICP) in this regard.  An ICP is not only for large businesses but ”Small” businesses could also implement simplified ICPs.

The purpose of the guidelines contained in this ICP is to promote effective compliance with legislation and Government policy in respect of the non-proliferation of WMD. The ICP provides principles and guidelines that facilitate and accelerate the implementation of South Africa’s policy and legislation on non-proliferation, including South Africa’s international obligations and commitments, in a meaningful and sustainable manner.

The ICP call s for commitment to compliance by entities whose activities are regulated by the Act and it offers guidelines for dealing with controls. The emphasis is on practical and relevant measures and aspects typical of quality management. By establishing a practical approach to non-proliferation, these guidelines should ease trade procedures, benefit the customer and help the entity involved in controlled activities or with goods that could contribute to WMD programmes, to proceed with confidence. 

An ICP is a voluntary programme to assist entities involved in controlled activities and goods in complying with South African Non-Proliferation and other related Legislation. A vital part of an ICP is the establishment of mechanisms within the business that provide checks and safeguards at key stages in a secure supply chain, helping to better manage the overall control process. Such checks and safeguards help to ensure that the right questions are being asked to preclude non-compliance.  An ICP aims to instil a culture within Industry to “think non-proliferation control”.

Note: These guidelines are for guidance only.  It is not a statement of the law and businesses should continue to seek their own legal advice on the application of legislation

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1.5 How can an ICP be Helpful?
1.5.1 An ICP:
  • Is a guide to do business, pertaining to controlled activities and goods, in a global market.
  • Is in line with the global trend by businesses to focus on standards and procedures (ISO 9001 and 14000 etc.).
  • Reinforces senior management policy to comply with South Africa’s non-proliferation of WMD policy and legislation.
  • Provides management structure(s) and organizational processes and procedures for the processing of transactions related to controlled goods and activities.
  • Ensures accountability for tasks related to controlled goods and activities by identifying who is responsible for performing each aspect of the process and who is responsible for overall effectiveness of the ICP.
  • Provides a map of the order processing flow of the transfer of controlled goods and activities to ensure consistent compliance with South Africa’s non-proliferation of WMD legislation.
  • Provides written instructions for employees to "screen" export transactions against South Africa’s non-proliferation of WMD guidelines regarding certain end-uses and end-users.
  • rovides personnel with tools to help ensure they are performing their import and export control functions accurately and consistently.
  • Identifies transactions involving goods and activities that could normally be exported without a permit, but because of the intended end-use or end-user, require a permit.
  • Streamlines the process and reduces time spent on compliance activities because employees have written instructions, tools and ongoing training.
  • Provides training and awareness programmes to help employees understand and comply with the ICP.
  • Protects a company, through implementing an ongoing compliance programme, against violations of South Africa’s non-proliferation of WMD legislation.
  • Reduces the risk of inadvertently becoming involved in controlled activities or with goods that could contribute to WMD programmes.
    •   
  • Conforms to the increased global focus on documentation.

Note: An ICP is not a legislative requirement. However, in a changing import/ export control environment, it is a programme that companies may consider establishing in order to ensure that their activities, if controlled, are handled in a way that ensures that they comply with South African non-proliferation policy and legislation.
2.1 Section 1: Non-Proliferation, Disarmament and Arms Control Policy, Legislation and Control System 
2.1.1 National Policy on Non-Proliferation, Disarmament and Arms Control.
In pursuance of its national interests and best international non-proliferation, arms control and disarmament practices, South Africa follows a holistic approach and has implemented policy, legislation and control mechanisms in the following areas:
 
  • Conventional Arms and Services;
  • Non-Proliferation of Weapons of Mass Destruction and Dual-use Goods;
  • Firearms, ammunition, explosives and pyrotechnics and riot-control;
  • Foreign military assistance; and
  • Activities in support of terrorism.
South African policy on non-proliferation, arms control and disarmament practices can be summarised by the following statements by Government:
  Quote
  • since the adequate protection of rights to life and security of the person against repression and acts of aggression is fundamental to the well-being and to the social and economic development of every country; and
  • since it is the duty of every government to protect and safeguard the rights of its people; and
  • since every responsible country has the right to acquire arms to equip and defend itself against acts of aggression; and
  • since the Republic is a responsible member of the international community and will not trade in arms with states engaged in repression, aggression and terrorism; and
  • since the Republic is engaged in various aspects of the trade in weapons and related materials, equipment, technology and services; and
  • since South Africa utilizes its position as a State Party to Treaties, as a member of the Control Regimes and of the Africa Group and the Non-Aligned Movement to promote the importance of non-proliferation, disarmament and arms control and to ensure that these controls do not become the means whereby the developing countries are prevented from obtaining access to the advanced technologies which they require for their development; and
  • since it is vitally important to ensure accountability in all matters concerning arms trade,  therefore;
  • it is South Africa’s declared national interest in conjunction with its international obligations and commitments, particularly as these relate to non-proliferation, disarmament and arms control, and the implementation of international humanitarian law, to exercise due restraint in the transfer and trade in weapons and related materials, equipment, technology and services.
Unquote

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In respect of activities related to WMD, South Africa prohibits:
 
  • the conduct of nuclear explosions and tests in South Africa;
  • any person, whether for offensive or defensive purposes, to be or become involved in any activity or with goods that contribute to Weapons of Mass Destruction programmes;
  • any person to be or become involved in any dual-use goods or activities that could contribute to WMD:
    • with countries, individuals, groups, undertakings and entities subject to restrictions imposed by the United Nations Security Council acting under Chapter VII of the United Nations Charter; and
    • with countries, individuals, groups, undertakings and entities involved in international terrorism, including non-State actors.
In a competitive international market it is important that South Africa and its related industry is regarded as a responsible and reliable supplier of weapons and related materials, equipment, technology, aid and services.  The government will support the export initiatives of the related industries by permitting it to contract and honour obligations that have been duly approved.  However, the government reserves the right to prohibit or withdraw such support at any time, should it be in conflict with South Africa’s national or international interests.
South Africa acknowledges the need for consistency and effective interaction between the control authorities and the broad scope of industry.  Trade in weapons/armaments/defence equipment and related materials, equipment, technology and services forms an integral part of South Africa’s foreign-, defence-, trade- and industrial policies and initiatives.
South Africa ’s policy on Non-Proliferation of Weapons of Mass Destruction is reflected in legislation and is regularly reviewed in accordance with national and international developments.

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2.1.2 South African Legislation on Non-Proliferation of WMD:  The Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), hereafter referred to as the Act
The Act, as amended in 1995 and 1996, was promulgated “To provide for control over weapons of mass destruction; and the establishment of a Council to control and manage matters relating to the proliferation of such weapons in the Republic; to determine its objects and functions; to prescribe the manner in which it is to be managed and controlled; as well as to provide for matters connected therewith”.

Subject to Section 2 of the Act, the Minister may, by notice in the Government Gazette, determine the general policy to be followed.

In terms of Section 4 of the Act, the South African Council for the Non-Proliferation of Weapons of Mass Destruction (Council) was established.

In terms of Section 6 of the Act, the Council shall; on behalf of the State, protect the interests, carry out the responsibilities and fulfill the obligations of the Republic with regard to non‑proliferation, and advise the Minister with regard to any matter which it deems necessary and which falls within the purview of this Act.  The Section also states, amongst others, the other functions of the Council:

  • Overall Responsibility;
    Control and manage all activities relating to non-proliferation, and provide guidance, instructions and information in connection therewith;

  • International Co-operation and Obligations
    Supervise and implement matters arising from international conventions, treaties and agreements related to proliferation affairs entered into or ratified by the Government of the Republic;

    Obtain the co-operation of, exchange information with, and give assistance to, governments of other states, as well as foreign and international bodies having objects similar to those of the Council, and obtain membership of international bodies with such objects;

  • Co-operation with Government Departments and Institutions.
    Obtain or promote the co-operation of departments of State and other government institutions.

  • Co-operation with Commerce and Industry.
    Obtain or promote the co-operation of representatives of any branch of commerce and industry and other persons concerned;

  • Controlled Activities and Goods
    To identify and indicate to the Minister goods to be declared controlled goods and activities including means of transit or re-export, including those relating to goods in bond;

    Prohibit the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, import, export, re-export or transport or disposal by any means of specified goods and activities.

    Determine that the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, import, export, re-export, transit, transport or disposal by any means of specified goods may only take place under a permit issued by the Council

  • Registration and Permits
    Administer the registration of any person who is in control of any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods.

    Issue and administer permits.

  • Compliance and Enforcement
    Take the necessary steps to prevent the contravention of the provisions of this Act;

    Ensure that the conditions of permits and end-use requirements are met, and take the necessary regulatory steps in this regard;

    Collect all data and samples it may deem necessary from any person who is in control of any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods, and make declarations as contemplated in the Act

    Institute and co-ordinate investigations, carry out and coordinate inspections and verifications;

    Verify that controlled goods, which are subject to end-use conditions and are imported, are delivered, retained and used in accordance with such conditions and for the intended purpose;

    Cause codes of conduct relating to non-proliferation to be framed and issued, and assist any person or department of State in the preparation and framing of codes of conduct aimed at non-proliferation.

  • Information
    Give assistance to any person or authority so as to ensure that trade and commercial secrets are not compromised during the execution of activities related to non-proliferation;

    Provide for the publication of information concerning the activities of the Council.

  • General
    Perform any other function with a view to the efficient achievement of the objects of the Council.

Note 1:  Notices and Regulations published in the Government Gazette support the Act.  See Annexure 3. 

Note 2:  There is also other South African Legislation that is related to the control of WMD and addresses issues like, i.e. the safe, secure and responsible handling of hazardous/dangerous goods, customs, border control, criminal prosecution, financing of illegal activities, etc.  See Annexure 3.

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2.1.3 Features and Components of South Africa’s Non-Proliferation Control System

South Africa follows a holistic approach to arms control, non-proliferation and disarmament and its policies are derived from the Constitution, Cabinet Decisions, National Interests, as well as International Agreements, Treaties and Control Regimes.

South Africa controls all activities relating to the manufacturing, trade and transfer processes as well as the possession and end-use associated with all forms of controlled goods.

There is no single blueprint for an effective national non-proliferation, disarmament and arms control system.  Best-practice, however, identifies certain elements or features that is common to all effective control systems, these are:

  1. Sound policies. The system makes provision for comprehensive and transparent Government policy and efficient policy-making mechanisms;

  2. Effective enabling legislation. There needs to be a sound legal basis, i.e. there needs to be an Act and its supporting Notices and Regulations in place that addresses current national interests and obligations;

  3. An efficient national control authority, with effective inter departmental liaison;

  4. Credible lists of controlled goods and identified activities; with differentiation being made between sensitive and non-sensitive goods and activities. Effective control also entails the control of all activities that could contribute to WMD programmes; from research, development and manufacture to possession and disposal; from trading in and transferring of controlled goods, to providing services, assistance and advice;

  5. Control mechanisms. These involve executive mechanisms to manage/administer an enforceable and efficient system to control all activities that could contribute to the proliferation of WMD, i.e. to control the manufacturing, trade and transfer processes, as well as possession, including the end-use/user and the disposal of controlled goods (including the unwinding of activities). These include:

    • A system to ensure effective management of South Africa’s national interests and obligations in terms of international agreements, treaties and conventions;

    • An enforceable and efficient permit system;

    • A system to ensure stakeholder involvement and cooperation with the NPC and its committees;

    • Promulgated control processes and procedures; and

    • A system consisting of control structures and the necessary infrastructure in order to allow the NPC, as National Authority, to effectively implement and manage South Africa’s policy and legislation on Non-Proliferation of WMD.

    • The system also enhances timely decisions related to the Non-Proliferation of WMD and satisfies the need for consistency and effective interaction between the control authorities and the broad scope of industry.

  6. Compliance Mechanisms The NPC administers a compliance enforcement system to ensure that both Government and industry comply with national policy and legislation, as well as international obligations. The system identifies possible transgressors and institutes prosecutions, which includes:

      7.  
    • Monitoring international best-practice, trends, agreements, treaties and conventions in order to ensure that South Africa remains abreast of developments;

    • Inspections;

    • Verifications;

    • Investigations;

    • Regular interaction and information exchange programmes with industry, national and international control authorities/agencies, intelligence agencies and law enforcement authorities;

    • The Non-Proliferation Secretariat (NPS) conducts an outreach programme to industry and relevant Government departments/agencies in order to promote a good understanding of South Africa’s control policy legislation and processes.  The programme takes the form of:

      • Briefings on the latest developments in the Non-Proliferation control environment emphasising the need for compliance;

      • Visits to persons involved in or intending to become involved in controlled activities; and

      • Visits to audit companies on their compliance programmes.

    • Maintaining a comprehensive database of all persons involved or potentially involved in any activity that could contribute to the proliferation of WMD; and countries and entities (companies and/or non-State actors) of proliferation concern. It is required that industry also exercises self-compliance.  Implementing an ICP would assist industry with self-compliance.

  7. Law enforcement, Border Control and Intelligence. The control system must allow for effective co-operation with all control authorities, law enforcement-, border control- and intelligence agencies (national as well as international) in order to ensure that transgressions are identified timely, quickly and effectively brought into the justice system.

Figure 1: Non-Proliferation Control Matrix

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2.1.4 Developments since the Promulgation of the Act

Ensuring effective non-proliferation requires a dynamic process where policy and legislation is adapted to make provision for changes in South Africa’s national interest and international obligation environment, or just clarifying South Africa’s position on issues.  Some of these are discussed below.

  1. South Africa controls all activities relating to the manufacturing, trade and transfer processes as well as the possession and end-use of goods that could contribute to WMD programmes.

  2. South Africa is committed to undertaking effective measures, either alone or in concert with other states, to prevent the transfer or transport of WMD, their delivery systems, and related goods to and from countries and entities (companies and/or non-State actors) of proliferation concern.

    3.   

  3. In addition to Section 13 of the Act, South Africa also prohibits activities that could contribute to WMD programmes with:

    • Countries, individuals, groups, undertakings and entities subject to United Nations Security Council measures adopted under Chapter VII or the UN Charter;

    • Countries, individuals, groups, undertakings and entities involved in international terrorism; and

    • Countries and Entities (companies and/or non-State actors) of proliferation concern.

  4. Any person who is in control of any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods, shall:

    • Register with the Council in the prescribed manner;

    • Be in compliance with Legislation controlling the handling (safety, security and accountability) of hazardous/dangerous goods; and

      •   

    • Be in possession of current and duly authorised permit(s) and authorisations from the NPC and other relevant authorities for the specified activity.

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2.2 Section 2: International Non-Proliferation Disarmament Treaties, agreements and Control Regimes
2.2.1 Internationally, Non-proliferation control focuses on four specific areas:
  1. Nuclear weapons;

  2. Chemical weapons;

  3. Biological weapons; and

  4. Specified delivery systems for such weapons.

  5. Related dual-use technologies, facilities, materials and equipment.

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2.2.2 Background to a number of the International Non-proliferation of WMD Related Treaties, Conventions and Control Regimes:
  1. Treaty on the Non-Proliferation of Nuclear Weapons (NPT).

    The NPT, which entered into force in 1970, commits the five recognised nuclear-weapon States of that time, namely USA, UK, France, Russia and China to not transferring nuclear weapons or technology to others or assisting, encouraging or inducing their manufacture or acquisition.  The other signatories of the NPT, the non-nuclear-weapon States, have undertaken not to acquire nuclear weapons and to accept monitoring of their civil nuclear programmes by the International Atomic Energy Agency (IAEA).  190 countries are signatories of the NPT.

    South Africa acceded to the NPT in 1991;

    • After which the Comprehensive Safeguards Agreement was concluded and immediately ratified; and

    • The Model Additional Protocol to the Safeguards Agreement between South Africa and the IAEA, was signed in September 2002.  The first declaration was submitted in May 2003.

  2. Convention on the Prohibition of Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (BTWC).

    The BTWC entered into force in 1975.  The BTWC bans the development, production, stockpiling, acquisition and use of bacteriological (biological) and toxin weapons, and provides for the destruction of such weapons. South Africa ratified the BTWC on 3 November 1975.

  3. Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

    (CWC) The CWC entered into force in 1997.  It bans the possession, development, stockpiling, transfer and use of chemical weapons, and provides for the destruction of existing weapons and their means of production. 

    To complement these legally binding treaties, like-minded countries have set up informal groups to work together against the threat of the proliferation of WMD. Their work involves drawing up common lists of goods and technology considered relevant to the activity of proliferators and agreeing to control exports of these. South Africa ratified the CWC on 13 September 1995.

    1. Zangger Committee and Nuclear Suppliers Group (NSG) – Nuclear weapons

      2. The Zangger Committee, which was set up in 1971 specifically to interpret obligations set out in the NPT, defines and controls equipment and materials that are especially designed or prepared for nuclear use. South Africa became a member on 21 October 1995.

      The Nuclear Suppliers Group (NSG) was established in 1975 when the international community became concerned that conditions of nuclear supply needed strengthening to better meet nuclear non-proliferation objectives. The NSG agreed on a set of guidelines, published in 1978, for handling nuclear exports to reduce the possibility that such transfers be diverted to nuclear explosive or un-safeguarded nuclear fuel cycle activities. These have been updated at intervals and now include goods specifically designed or prepared for nuclear purposes. The NSG has also produced separate guidelines to cover nuclear-related dual-use goods. South Africa became a member on 5 April 1995.

      Although the Zangger Committee and the NSG control similar items specifically designed and prepared for nuclear use, the NSG control lists encompass a wider array of nuclear dual-use equipment, materials and technology.

    2. The Australia Group – Covering Chemical and Biological Weapons (CBW) issues  

      Controls have been in place for many years on the export of chemical warfare agents and biological agents, which have been adapted to produce casualties in humans and/or animals or damage crops and/or the environment. 

      Since 1985 a group of like-minded countries known as the Australia Group (because of Australian Chairmanship) has met regularly to exchange information on CBW proliferation and agree common control lists of dual-use chemicals, pathogens, toxins and equipment which are critical for a significant CBW programme.  South Africa is not a member of the AG but has based its Biological control list as well as additional chemical control list on the AG control list.

    3. The Missile Technology Control Regime (MTRC) – WMD Delivery Systems

      Exports of missiles, rockets, related equipment and accessories specially designed for military use have been controlled for many years.

      In 1987, guidelines were agreed upon between Canada, France, the Federal Republic of Germany (as it then was), Italy, Japan, the United States and the United Kingdom covering the export of missile technology. The number of countries belonging to the Regime has increased steadily and became known as the Missile Technology Control Regime (MTCR). The MTCR was originally committed to controlling the transfer of equipment and technology able to contribute to a ballistic or cruise missile, which could deliver a 500 kg nuclear warhead to a range of at least 300 km.  The MTCR has since become increasingly concerned about the proliferation of missiles capable of carrying chemical or biological payloads, which can be significantly lighter. In January 1993, the Regime therefore agreed to extend its scope to include any missile capable of a range of at least 300 km.

      The MTCR is neither an international treaty nor a legally binding agreement.  MTCR Partners voluntarily pledge to adopt the regime's export guidelines and to restrict the export of items in the regime's annex.  There are no provisions in the regime for the enforcement of its terms or sanctions for violations. Trade of MTCR controlled items between regime partners and with non-partner states that adhere to the guidelines is not absolutely prohibited, but it is constrained by national export control legislation. South Africa became a member in 13 September 1995.

    4. The Hague Code of Conduct against Ballistic Missile Proliferation (HCOC).  

      On 26 November 2002 South Africa became a Subscribing State to the HCOC. While acknowledging the possession of ballistic missiles by States, the HCOC focuses on the prevention of the proliferation of ballistic missiles capable of delivering weapons of mass destruction (WMD).

    5. Wassenaar Arrangement (WA)

      The Wassenaar Arrangement was agreed upon between 33 co-founding Participating States in July 1996. 

      The Arrangement aims to contribute to regional and international security and stability, through transparency and responsibility in transfers of conventional arms and other military goods and of dual-use goods and technologies relevant to conventional military capability. It is not directed against any state or group of states, nor does it seek to interfere with the rights of states to acquire legitimate means to defend themselves, as recognised in Article 51 of the Charter of the United Nations, nor to impede bona fide civil transactions.

      The Arrangement maintains agreed control lists of both military and of dual-use items considered relevant to its aims, these lists also include controlled chemicals. On 28 February 2006, South Africa became a Participating State.

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2.2.3 South Africa is also, inter alia, Party to the following International Treaties, Conventions and Control Regimes that relate to the non-proliferation of WMD:
  1. Protocol for the Prohibition of the use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare (Geneva Protocol). South Africa acceded on 24 May 1930 and withdrew its reservations in 1996.

  2. Treaty banning Nuclear Weapon Tests in the Atmosphere, Outer Space and Under Water. South Africa acceded on 10 October 1963.

  3. Treaty on the Prohibition of the Emplacement of Nuclear Weapons and other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil thereof. South Africa ratified on 14 November 1973.

  4. The Convention on the Physical Protection of Nuclear Material. South Africa signed the Convention on 18 May 1981.

  5. Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency. South Africa ratified on 10 August 1987.

  6. Convention on Early Notification of a Nuclear Accident. South Africa ratified the Convention on 10 August 1987.

  7. Convention on Nuclear Safety. South Africa ratified on 24 December 1996.

  8. The African Nuclear Weapon-Free Zone Treaty (Treaty of Pelindaba – Organisation for African Unity OAU). South Africa ratified the Treaty on 27 March 1998.

    9. Note:  The Treaty is as yet not in force as at October 2006

  9. Comprehensive Nuclear-Test-Ban-Treaty (CTBT).  South Africa ratified on 30 March 1999.

    10. Note:  The Treaty is as yet not in force as at October 2006

  10. Agreement between the Republic of South Africa and the Preparatory Commission for the CTBT Organization on the Conduct of Activities including Post-certification Activities, relating to International Monitoring Facilities for the Comprehensive Nuclear-Test-Ban Treaty. South Africa signed on 20 May 1999.

  11. International Convention for the Suppression of Acts of Nuclear Terrorism.  South Africa signed the Convention on 14 September 2005.
    12.  

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2.2.4 Other Multilateral Organisations

The international community has also established multilateral organisations, or is in the process of establishing a number of organisations to implement these treaties and to verify States’ adherence to them. The most important are:

  1. The International Atomic Energy Agency (IAEA);

  2. The Organisation for the Prohibition of Chemical Weapons (OPCW); and

  3. The Comprehensive Nuclear Test Ban Treaty Organisation (CTBTO). South Africa signed the CTBT on 24 September 1996 and ratified the Treaty on 30 March 1999.

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2.2.5 Lists of Controlled Goods.
  1. South Africa has agreed to include all CWC, MTCR, NSG, Wassenaar Arrangement goods in its lists of controlled goods; and have been published in the Government Gazette.

    2.  

  2. Although South Africa is not a member of the Australia Group (AG), the AG controlled lists have been used as a basis to develop biological control lists and was published as such in the Government Gazette.
See Annexes 3 for South African Non-Proliferation related Legislation.

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2.3 Section 3: controlled Activities And Goods
2.3.1 Introduction
Section 6 of the Act states amongst others that, in order to achieve its objects the Council may control and manage all activities relating to non-proliferation, and provide guidance, instructions and information in connection therewith.

Section 13 of the Act, states amongst others that the Minister may, on the recommendation of the Council, whenever he deems it necessary or expedient in the public interest, by notice in the Government Gazette declare goods which may contribute to the design, development, production, deployment, maintenance or use of weapons of mass destruction, to be controlled goods.  Also that any person who is in control of any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods, shall register with the Council in the prescribed manner; and if the Council so requests, make a declaration furnishing all information requested by the Council.

The Act defines controlled goods as follows: 'goods' includes any technology, data, technical assistance, services, software, processes, activities, facilities, substances, materials, items, equipment, components, assemblies or systems, whether produced in the Republic or imported into the Republic.

The Act defines 'dual-purpose capabilities' as those capabilities relating to technology, expertise, service, material, equipment and facilities which can contribute to the proliferation of weapons of mass destruction, but which can also be used for other purposes, including conventional military, commercial or educational use.

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2.3.2 Controlled Activities and Goods (Including dual-use capabilities and goods)

Controls come into effect whenever a person is involved in or intends to become involved in any activities and or with goods that contributes or could contribute to WMD programmes.  Such activities that contribute or could contribute to WMD programmes are referred to as controlled activities and goods.

Explanatory Notes:

  1. Note 1:  In South Africa, it is prohibited for a person to become involved, any way, with any activity that contributes to WMD programmes.

  2. Note 2:  South Africa allows activities related to the design, development, production, acquisition, maintenance, deployment or use of chemicals, biological and nuclear materials and missiles, provided they are for legitimate defence application of the Republic of South Africa as contemplated in the Constitution of South Africa and the Defence Act, 2002 (Act No 42 of 2002); or for commercial or civil application and provided that the necessary assurances and processes are in place to ensure that they will not be diverted and contribute to WMD programmes.

  3. Note 3:  Whether activities or transactions are prohibited or allowed under certain conditions depends on the intended use or the risk of the intended activity contributing to WMD programmes.

    4. Prohibited Activities are as follows:  If the intended use, end-use or destination of the activities or goods will contribute to a WMD programme, all such activities, goods and or services (including aid, advice, brokering, technology transfer, etc) are prohibited.

    Non-Prohibited Activities are as follows:  If the intended or actual activities or goods do not contribute to WMD programmes (dual-use), or the risk is low that the activities or goods will end up with or contribute to the proliferation of WMD, the activities and goods can be authorized, but it will be regulated.

See Annexure 1, Glossary of Terminology for detailed description of controlled activities and goods.

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2.3.3 Classification of Activities and Goods

Most of the Non-Proliferation Treaties, Agreements and Control Regimes have a classification regarding the sensitivity of activities, goods and related level of control, i.e. proliferation risk, that range from critically sensitive (prohibited) to the non-sensitive and dual-use that may require lesser control measures.

To ensure that controls are practical and feasible, classification of control is used or may be used in the controlled goods and activities lists as published in Government Gazettes.
  Note: Controlled Goods are not equally sensitive in respect of the possibility of diversion and contributing to possible WMD programmes and are classified in different categories in the lists published in Notices in the Government Gazette.

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2.4 Section 4:  Non-Proliferation of WMD: Control Processes and Procedures
2.4.1 Non-Proliferation of WMD Control Structures
2.4.1.1 The South African Council for the Non‑Proliferation of Weapons of Mass Destruction (NPC)
  1. South African National Control Authority for the Non-Proliferation of WMD

    The NPC is the South African National Control Authority for the Non-Proliferation of Weapons of Mass Destruction.

  2. Functions of the NPC

    See paragraph 2.1.2 above, for a summary of the functions of the Council.

  3. Membership of the NPC

    The Minister of Trade and Industry, in terms of Section 4(2), appoints the members of the NPC.

  4. Meetings of the NPC

    The NPC meets at least every 6 to 8 weeks to deliberate on non-proliferation related issues, to assess the activities of its committees and to consider permit applications received from industry.

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2.4.1.2 Committees of NPC

The NPC has established a number of committees in terms of Section 10 of the Act.  These Committees assist with specific technical issues.
  1. Non-Proliferation Control Committee (CC)

    The CC consists of representatives from the Non-Proliferation Secretariat (NPS); the Department of Foreign Affairs (DFA); the Directorate Conventional Arms Control (DCAC); the Safeguards Division of the South African Nuclear Energy Corporation (NECSA); the South African Secret Service (SASS); the National Intelligence Agency (NIA); Defence Intelligence (DI); the Department of Minerals and Energy (DME); and the South African Military Health Services of the Department of Defence (SAMHS).  The Departments of Health (DOH) and Agriculture (DOA) attend when required.

    The CC advises the NPC on non-proliferation issues, permit applications and special investigations.

  2. Chemical Weapons Working Committee (CWWC)

    The CWWC consists of representatives of the various Government stakeholders, i.e. from the NPC; the NPS; DFA; NIA; the South African Military Health Services (SAMHS); Protechnik Laboratories and experts from the industry. 

    The CWWC advises the NPC on the implementation of the Chemical Weapons Convention (CWC).

  3. Biological Weapons Working Committee (BWWC)

    The BWWC consists of representatives of the various Government stakeholders and experts involved in biological-related controls, manufacturing, use and distribution. These include the NPC; NPS; the South African Military Health Services (SAMHS); DFA; Protechnik Laboratories; Agricultural Research Council (ARC); National Institute for Communicable Diseases (NICD); Higher Education Institutes: the Industrial Biotechnology Association of South Africa; and experts from industry. 

    The BWWC advises the NPC on issues related to the Biological and Toxin Weapons Convention (BTWC) and the implementation of biological controls.

  4. Nuclear and Missile Dual-Use Committee (NMDUC)

    The NMDUC consists of representatives of the various stakeholders involved in nuclear dual-use and missile delivery systems.  These included NPC; NPS; SASS; DI; DFA; NIA; NECSA Safeguards Division; DME and experts from industry on invitation.

    The NMDUC advises the NPC on nuclear related dual-use and missile related issues.

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2.4.1.3 The Non-Proliferation Secretariat (NPS)

the dti ’s Directorate: Non-Proliferation and Space, also known as the Non-Proliferation Secretariat (NPS), supplies the administrative and secretarial services to the NPC and its Committees. The NPS forms part of the International Trade and Economic Development Division of the dti.

The NPS supports the objectives of the NPC through:

  1. The management of the system for the registration of persons involved in activities with regard to controlled goods;

  2. The management of the permit (see Appendix B and C of Part 2, Section 4) and end-user (see Appendix D of Part 2, Section 4) system;

  3. Maintaining contact with and ensuring effective coordination and information exchange with the various stakeholders responsible for non-proliferation, disarmament and arms control, including the various enforcement agencies, border control, SAPS, the National Prosecuting Authority (NPA), intelligence agencies and national, regional and international control authorities/agencies;

  4. The NPS is responsible for managing and implementing a non-proliferation compliance programme. The implementation of a voluntary ICP for industry that aims to promote effective compliance with policy and legislation relating to the non-proliferation of weapons of mass destruction

  5. Maintaining contact with and ensuring effective coordination and information exchange with entities/persons involved in or intending to become involved in activities with regard to controlled activities and or goods;

    6.  

  6. The interpretation and implementation of the requirements of national legislation and the various international treaties, conventions, and control regimes relating to non-proliferation;

  7. The gathering, interpreting and exchange of information and intelligence related to the non-proliferation of WMD;

  8. The managing of a system to monitor national and international best-practises, trends, agreements, treaties, conventions, control regimes, transgressions, etc. in order to ensure that South Africa remains abreast of developments, through information exchange programmes and co-operation with national and international control authorities and agencies; and

  9. Maintaining a comprehensive database of all persons or countries involved in activities that could contribute to the proliferation of WMD (persons and countries and entities (includes companies and/or non-State actors) of proliferation concern.

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2.4.1.4 Co-ordinating Control Structures to ensure effective stakeholder co-operation (Interdepartmental and Working Committees)

To ensure effective non-proliferation control, the process of control must be integrated, coordinated and administered because many Government Departments and institutions are directly and indirectly involved in the implementation and enforcement of South Africa’s policy and legislation on Non-proliferation.

The relevant Government Departments and Agencies are, amongst others, DME; DFA; Dept of Finance - SARS (Customs); National Conventional Arms Control Committee (NCACC); SAPS (legal support; Crime against the State (CATS); Inspectorate of Explosives; Border Police); NIA; SASS; Departments of Science and Technology, Education, Transport, Agriculture, Health, Justice (National Director of Public Prosecutions), Home Affairs, Environmental Affairs and Tourism, and Labour, as well as relevant professional councils, when required.

Co-operation takes place at various levels and through various Inter-departmental committees and working groups.

Diagrammatic representation of relationship between the various structures

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2.4.2 Registration, Permits and Authorisations
As contemplated in Section 13 of the Act, the Minister of Trade and Industry publishes, by Notices in the Government Gazette, lists of goods, and dual-use goods that are controlled.  Activities related to these goods, i.e. transfers, require a permit issued by the NPC.  Permits authorise specified activities by persons registered with the NPC in accordance with the conditions prescribed in a duly authorised permit.

Any person who is involved in any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods shall:

  1. Register with the Council in the prescribed manner;

  2. Be in compliance with Legislation controlling the handling of dangerous goods;

    3.    

  3. Be in possession of a current and duly authorised permit(s) and authorisations from the NPC and other relevant authorities for the specified activity; and

  4. If the NPC so requests, make a declaration furnishing all information requested by the NPC.

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2.4.2.1 Registration
Any person who is control of any activity with regard to controlled goods, or who has in his possession, or custody, or under his control, controlled goods must register with the NPC.  See Appendix A of Part 2, Section 4, for the Application for Registration Form. Please note that registration does not grant a person authorisation to become involved in controlled activities related to the manufacturing, trade and transfer processes or with possession and use of controlled goods.
2.4.2.2 Permits
Registered persons who intend to become involved in or are involved in any controlled activity, which includes import, export, re-export, transit and transhipment of controlled goods, must need to apply for one of the following types of permits as stipulated in Section 13 of the Act:
  1. Import permit; and

  2. Export and re-export permit;

  3. Transit permit

Permits authorise specified activities by persons registered with the NPC in accordance with the conditions prescribed in a duly authorised permit.

Individual Export / Import Permit.   An Individual permit is issued with the following conditions:

  1. One or more fixed items;

  2. Single source / supplier;

  3. Single destination / end-user or consignor/consignee;

  4. Single exit / entry point; and

  5. Validity period of three months.

Individual Export / Import Permit (Issued on Request).   An Individual permit is issued with the following conditions:

  1. The NPC approves a total quantity but the total quantity is divided into different consignments. Therefore, separate permits are issued on request for each consignment;

  2. One or more fixed items;

  3. Single source / supplier;

  4. Single destination / end-user or consignor/consignee;

  5. Single exit / entry point; and

  6. Validity period of three months for each permit issued.

Open Multiple Export / Import Permit.   An Open Multiple Permit is issued with the following conditions:

  1. Multiple transactions of one or more fixed items;

  2. Single source / supplier;

  3. Single destination / end-user or consignor/consignee;

  4. Single exit / entry point; and

  5. Validity period of one year;

Note: A table is included on the permit for Customs to record the quantities of each item transferred per consignment.  A new application must be submitted to the NPS for the renewal of an Open Multiple Permit. 

Open General Export / Import Permit.   An Open General Permit can be issued under special circumstances as determined by the control authority and is issued with the following conditions:

  1. Multiple transactions of one or more fixed items;

  2. More than one source / supplier (but can be limited);

  3. More than one destination / end-user (but can be limited);

  4. Different entry / exit point; and

  5. Validity period of one year.

Note: The actual quantities imported and exported, as well as the sources and destinations have to be declared to the NPC at the end of the validity period.

General Rules Applicable to Permits.

  1. All incoming applications is registered and numbered to confirm receipt;

  2. All applications are submitted to the Control Committee of NPC (CC), which considers applications on a fortnightly basis and makes recommendations to NPC for final approval;

  3. The NPC meets every six to eight weeks to consider applications;

  4. The NPS informs applicants of Council’s decision within 5 working days after date of approval;

  5. Permits can be collected from the NPS after notification is received;

  6. The pink original permit must be returned to the NPS within 30 days after the expiry of the permit;

  7. The above permits may be issued as either import or export permits. Both an import and export permit is issued in the authorisation of transit transactions;

    8.      

  8. Each application is considered on a case-by-case basis. The type of permit is awarded taking the proliferation risk of the circumstances of the specific transaction into account;

  9. Normal applications may take from five to ten weeks. Depending on the sensitivity of the transaction and items, longer periods may be required to investigate the implications of the application;

  10. In cases where the approval was given for a limited quantity and the permits are to be issued on request of the exporter, the permits will be issued within 5 working days from receipt of the request;

  11. Extension of permits may be considered and approved by the Chairperson of the NPC on recommendation by the NPS. Extensions will only be considered if the application is received on or before the expiry date of the permit. Deviations of up to 15% on quantities on all permits / approvals may be considered by the Chairperson of the NPC based on a recommendation by the CC. Extension of validity dates can be dealt with within 5 working days from receipt of the request;

  12. The NPC delegates the approval of certain permits such as temporary exports and imports for demonstrations and maintenance to the Chairperson of the NPC or his alternate.  The following principles apply when special approval procedures (inter-sessional handling) are considered:

    • Special written motivation is required from the managing director of the applicant;

    • The CC must consider the situation and make a recommendation to the Chairperson of the NPC;

    • The validity of the permit is limited only until shortly after the next NPC meeting;

    • No extensions are granted for permits approved according to the inter-sessional handling procedures;

    • Inter-sessional handling of permits is only considered under exceptional circumstances; and

    • Applications processed according to inter-sessional handling procedures may take one to two weeks;

  13. Original permits must be returned within seven days after it was used for the last time or on expiry of the permit validity;

  14. A company (sub-contractor) receiving and order or enquiry from another company for the manufacturing and/or supplying of controlled goods or activities, should obtain a copy of the permit/authorisation from the contracting party.  If his/her subcontracted work entails controlled activities or goods, a permit application must be made for that specific subcontracted activity, stating the NPC Permit number of the permit that authorizes the higher level activity (i.e. that of the contractor); and

  15. In order to facilitate and address enquiries from the NPS, companies are required to keep the endorsed Bill of Entry/Export every time it is used for transfers on an Open Multiple Export/Import Permit.

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2.4.2.3  Provisional Export Guidance Requests
Although not mandatory, applicants may request the NPC to evaluate a specific transaction well in advance of the actual export to limit the financial risk to the exporter.  Such Provisional Export Guidance is always based on current conditions and is not binding. The NPC may revoke any guidance given if the situation changes or new information related to the specific transaction becomes available. Industry is encouraged to use this type of advanced guidance in conjunction with contractual approvals in the NCACC system when applicable.
2.4.2.4 Explanatory Notes Applicable to all Applications
  1. All applications must be hand delivered, couriered or sent by registered mail. (No faxed applications will be considered).

  2. Information Security.  Information processed within the control system contains various categories of confidential information, such as commercial confidential issues, end-user identities as well as defence related information. Special measures are taken within the control authority to maintain and preserve the required confidentiality.

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2.4.2.5 Diagrammatic Representation of Procedures for Delivery and Processing of Applications

Procedures for Delivery and Processing of Applications
2.4.3 Guiding Principles and Criteria for the Granting of Permits
When considering applications by entities for permits or authorisation, the NPC should:
  1. Assess each application on a case-by-case basis;

  2. Consider whether activities or transactions are prohibited or allowed under certain conditions depending on the intended use or the risk of the intended activity contributing to WMD programmes.

  3. Consider the competency and intention of the applicant to become involved in controlled activities;

  4. Assess and evaluate the right of persons to participate in normal commercial activities versus the possibility that their actions and activities may contribute to WMD programmes;

  5. Assess the ultimate end-use of the controlled goods and activities;

  6. Consider the impact of the application on South Africa’s national interests;

  7. Asses adherence to international law, norms and practices, especially against South Africa’s commitments in respect of international Treaties, Conventions and Control Regimes, including United Nations Security Council Resolutions;

  8. Consider the non-proliferation control system of the recipient country, its ability to implement and enforce international non-proliferation and arms control measures and its record of compliance with end-user certificate undertakings;

  9. Consider the likelihood of the diversion within the recipient country or re-export by the recipient country contrary to end use requirements;

  10. Consider the likelihood of diversion during transportation, including transit or transhipment, contrary to the conditions of the permit;

  11. Consider the capabilities and objectives of the relevant programmes of the recipient country for which the transfer is intended; and

  12. Consider the significance of the transfer in terms of the potential development of weapons of mass destruction.

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2.4.4 Compliance Visits by the Non-Proliferation Secretariat
In accordance with Section 6 of the Act, the NPC may provide guidance, instructions and information in connection with the control and management of activities related to non-proliferation; obtain or promote the co-operation of representatives of any branch of commerce and industry and other persons concerned; and take the necessary steps to prevent the contravention of the provisions of the Act.

The NPS supports and assists the Council by, on a regular basis, carrying out visits and enter into discussions with Industry (persons/entities) involved in or intending to become involved in any controlled activities and or with controlled goods in order to promote a better understanding of South Africa’s non-proliferation policy, legislation, structures and control processes and procedures.

2.4.4.1 Communication with industry can take the form of:
  1. Telephonic and written communication;

  2. Notices in the Government Gazette;

  3. Compliance visits to individual businesses;

  4. Information sharing through meetings of the various working committees of the NPC;

  5. The NPC website;

  6. Outreaches to brief Industry; and

  7. Inspections.

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2.4.4.2 What is the objective of Compliance Visits?
The objective of compliance visits are to visit companies in South Africa, involved or intending to become involved in any activity with controlled goods, with a view to establish whether the business: 
  1. Complies with South African Non-Proliferation Policy and Legislation; 

  2. Is registered with the NPC and, where relevant, other appropriate control authorities in South Africa;

  3. Has introduced appropriate compliance programmes and monitors the implementation thereof;

  4. Has the necessary and valid permits to conduct controlled activities related to controlled goods;

  5. Uses Permits correctly and that the terms and conditions are being met;

  6. Has assessed all its controlled goods and activities against current NPC controls; and

  7. Has a clear understanding of South Africa’s Non-Proliferation legislation and South Africa’s international obligations in terms Non-Proliferation Treaties, Agreements and Control Regimes, particularly with regard to end use and end-user concerns.

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2.4.4.3 What Should a Compliance Visit Cover?
During such a visit, the NPS may:
  1. Evaluate your business’ accounting and auditing processes, procedures and the implementation thereof;

  2. Evaluate the accounting and the safety and security of controlled goods on the premises and during transfers;

  3. Evaluate the applicability of the your business’ activities vis- a- vis the Act and its Regulations and Notices;

  4. Scrutinise the documentation trail to determine how marketing initiatives, applications and permits/licences are received and processed, and how records are maintained;

  5. Enquire how suspicious enquiries/orders are identified and handled;

  6. Enquire who is your business’ freight forwarders / agents / transporters, brokers are;

  7. Enquire who is your business’ other sub-contractors are who provide you with controlled activities or goods.

  8. Enquire how the abovementioned service providers handle the controlled goods and what methods of movement are used;

  9. Establish whether your business has met all the terms and conditions of Council permits; and

  10. Request a tour of your business’ premises, if necessary, in order to see the facilities and meet any of the relevant personnel not involved in the main discussion.

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2.4.4.4 Who should be Involved in the Visit?
  1. Line manager(s) responsible for the activities and goods that are controlled, the designated individual in your business responsible for Compliance (Compliance officer) and other relevant personnel;

  2. The marketing/sales manager; and

  3. All technical personnel deemed necessary.

Contact Details of the NPC and NPS:
Postal Address:
The Chairperson
South African Council for the Non-Proliferation
of Weapons of Mass Destruction
Private Bag X84
0001  PRETORIA 		Physical Address:
The Secretariat
South African Council for the Non-Proliferation of Weapons of Mass Destruction
Mapungubwe, the dti Group Campus
Entirweni (Building B), Third Floor
77 Meintjies Street
Sunnyside, PRETORIA

Map to the dti Campus

Telephone: +27 (12) 394-3030
Fax: +27 (12) 394-0288
Email: daanvb@thedti.gov.za

Appendix A: Application for Registration Form
Appendix B: Import Permit Application Form
Appendix C:  Export Permit Application Form
Appendix D:  Guidelines to Industry Relating to the Process of Authentication of Foreign End-user Certificates
Appendix E: Briefing Document to Industry on International Inspections Conducted under the Chemical Weapons Convention

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