GOVERNMENT GAZETTE

Vol.400, No. 19300, 2 October 1998

No. R. 1232

DEPARTMENT OF DEFENCE

REGULATION OF FOREIGN MILITARY ASSISTANCE ACT, 1998

REGULATION OF FOREIGN MILITARY ASSISTANCE REGULATIONS

I, Johannes Modise, Minister of Defence, have under section 10 of the Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), and in consultation with the National Conventional Arms Control Committee, made the Regulations in the Schedule

J. MODISE
MINISTER OF DEFENCE

SCHEDULE

Definitions

1. In these regulations any word or expression, to which a meaning has been assigned in the Act, has that meaning, and the expression "the Act" means the Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), and "applicant" means a person referred to in sections 4 (1) and 5 (1) of the:Act, as the case may be.

Application for authorisation under section 4(1) of the Act

2. An applicant who wishes to obtain an authorisation referred to in section 3(a) of the Act, must submit a written application to the Committee.

3. The application must set out or contain the following:

  1. In the case of the applicant being a natural person, the full names and surname, the date and place (town, city or district, as the case may be, as well as country) of birth and ail current residential and business addresses of that person as well as the addresses of that person during the past ten years.
  2. In the case of the applicant being a juristic person, the name thereof; the type of juristic person; whether it is registered or incorporated and full particulars of the place, number and date thereof; a copy of the certificate of registration or incorporation or like document, as the case may be; full particulars of all persons (natural or juristic) who own, manage or control such applicant setting out, as applicable, their date of birth, full names, nationalities and all residential and business addresses and, in respect of a juristic person which so owns manages or controls, the particulars which are required in this subregulation in respect of a juristic person who is an applicant.
  3. Any other documentary authorisation, if applicable, issued to the applicant to conduct business in South Africa.
  4. Documentary proof issued by the receiver of revenue to the effect that the applicant has paid all taxes due by him or her.
  5. Any name or style under which the applicant is and will be trading.
  6. Telephone and facsimile numbers and E-mail addresses used by the applicant for trading purposes.
  7. A full description of the advice, training, support, recruitment, procurement, action or services which constitute the foreign military assistance in respect of which the application is being made.
  8. The value in South African Rand of the foreign military assistance to be offered and the currency or other means in which payment or consideration will be required to be made or given, as well as the place and time where such payment or giving of consideration will be required to be made.
  9. Full particulars of any person, force, state, organ of state, group of persons or other entity of whatever description, to whom such foreign military assistance will be offered.
  10. Full particulars of all other forces, states, or groups of persons that are or may reasonably be expected to become involved in an armed conflict in a country or area where the foreign military assistance which is to be offered, may be used.
  11. Full particulars of any armed conflict which is occurring or which has recently occurred in a country or an area where the foreign military assistance which is to be offered, may be used.
  12. A statement as to whether the applicant or any director, manager, employee, partner or executive officer of the applicant, has ever been convicted for the contravention of any provision of -
    1. The Act; [see definition]
    2. the Armaments Development and Production Act, 1968 (Act No. 57 of 1968).
    3. the Arms and Ammunition Act, 1969 (Act No. 75 of 1969).
    4. the Importation of Teargas Act, 1964 (Act No. 16 of 1964).
    5. the Explosives Act, 1956 (Act No. 26 of 1956); or
    6. the Non-proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993).
  13. The name of the applicant's bank or financial institution or other person or entity providing banking or financial services, where inquiries may be made by the Committee or its authorised representative regarding the applicant's financial standing and regarding the financial and business arrangements in respect of the foreign military assistance to be offered in respect of which the application is being made.
  14. Full particulars of any factor known to the applicant which may negatively affect the application with respect to the criteria referred to in section 7(1 ) of the Act.

Application for approval under section 5(1) of the Act

4. An applicant who wishes to obtain an approval referred to in section 3 (b) of the Act, must submit a written application to the Committee.

5. The application must set out or contain the following:

  1. All particulars referred to in paragraphs (a) to (f) and (l) to (m) of regulation 3.
  2. A copy of the agreement or the full particulars of the arrangement, in respect of which the application is being made and If such - copy or particulars, as the case may be, do not contain the particulars referred to in regulation 3 (g) to (k), such particulars must be supplied in full.
  3. The period over which the foreign military assistance will be rendered
  4. The written approval of by the Government of the country where the foreign military assistance will be rendered.
  5. The mode of transport to the places of delivery of the foreign military assistance.
  6. Details of the places from and the dates on which the foreign military assistance will leave or be dispatched from the territory of South Africa and the places and dates on which foreign military assistance will arrive in a foreign country.
  7. Details of all accounts into which payment for the foreign military assistance will be made.
  8. Details of all agents, facilitators or parties, which include the legal and financial relationships between the applicant and those agents, facilitators or other parties, involved in the rendering of the foreign military assistance.
  9. The full names, surname and identity number of any person who willbe part of the rendering of the foreign military assistance.

Further application for approval of the agreement or arrangement required after an authorisation to offer foreign military assistance has Seen obtained

6. An applicant who has been authorised to offer foreign military assistance under section 4 of the Act, must apply for the approval of an agreement or arrangement for the rendering of foreign military assistance under section 5 of the Act, before concluding such agreement or arrangement and giving effect thereto.

7. An application contemplated in regulation 6 must comply with the requirements of regulation 5 of these regulations.

Further requirements in respect of all applications

8. All applications made under the Act must be -

  1. submitted to:

The Director: Conventional Arms Control
Private Bag X910
Pretoria, 0001; and

  1. accompanied by an official receipt for the amount of R150; issued by the Department of Defence at the Ministry of Defence at Defence Headquarters, Pretoria, and
  2. lodged not less than six weeks before the offer or agreement or arrangement, as the case may be, is due to be made or concluded.

Provision in the case of any change of circumstances in respect of an application

9. An applicant or any person who has been granted an authorisation or approval under the Act, must notify the said Director: Conventional Arms Control, by registered post in writing

  1. within five working days of any person referred to in regulation 3 (I) who has been convicted of contravening any provision in terms of an Act referred to in that regulation;
  2. within seven working days of any material change occurring in respect of particulars or circumstances contained in or referred to in such applicant or person's application, as the case may be, for within seven working days of any material change occurring in respect of particulars or circumstances contained in or referred to in such applicant or person's application, as the case may be, for authorisation or approval thereof. Such applicant or person may within 21 days after notifying the said Director, submit by registered post in writing any representations regarding such conviction or material change and regarding any recommendation or decision which may be made after consideration or the application or reconsideration of the authorisation or approval, as the case may be.

10. The Committee may upon receipt of any information referred to in regulation 9 and after consideration of any representations made by such applicant or person in respect thereto, proceed to consider, as the case may be, the application or the authorisation or approval in the light of all the facts and circumstances before it and may make a recommendation to the Minister and the Minister may refuse such application or withdraw or amend such authorisation or approval.

11. If an applicant or person referred to in regulation fails to notify the said Director of the circumstances referred to in that regulation, the Committee may upon becoming aware of the conviction or material change, and after giving the applicant or person an opportunity to make representations to the Committee, the Committee may make a recommendation to the Minister and the Minister may refuse such application or withdraw or amend such authorisation or approval.