SOUTH AFRICAN COUNCIL FOR THE NONPROLIFERATION OF WEAPONS OF MASS DESTRUCTION

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SOUTH AFRICAN COUNCIL FOR THE NON-PROLIFERATION
OF WEAPONS OF MASS DESTRUCTION

• OVERVIEW

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MISSION

• Protect the interests and fulfill the obligations
  of South Africa in accordance with the national
  non-proliferation policy and
• Meet the states undertakings regarding
  international non-proliferation treaties,
  conventions and regimes

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GOVERNMENT POLICY ON NON-PROLIFERATION

• Cabinet approved in principle that -
• (a) South Africa continue implementing a policy
  of non-proliferation and arms control and be an
  active participant in the various
  non-proliferation regimes and suppliers groups

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GOVERNMENT POLICY ON NON-PROLIFERATION

• (b) South Africa adopt positions supporting the
  non-proliferation of weapons of mass destruction
  with the goal of promoting international peace
  and security

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GOVERNMENT POLICY ON NON-PROLIFERATION

• (c) South Africa utilize its position as a
  member of the suppliers regimes and of the
  Africa Group/NAM to promote the importance of
  non- proliferation 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

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GOVERNMENT POLICY ON NON-PROLIFERATION

• (d) South Africa continue in its objective to
  become a member of all of the non-proliferation
  regimes and suppliers groups and

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GOVERNMENT POLICY ON NON-PROLIFERATION

• (e) The best interests of South Africa with
  regard to the use of technology in nuclear,
  chemical, biological and missile spheres for
  civil and peaceful purposes at all times be
  effectively protected.

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THE NON-PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION ACT, 1993 (ACT 87 OF 1993)

• The Act makes provision for
• Establishment of a Non-Proliferation Council
• Appointment of inspectors
• Registration
• Controlled goods
• Seizure of goods
• Regulations
• Confidentiality
• Offences and Penalties
• Treaties, Conventions and Agreements

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COUNCIL COMPOSITION

• Chairperson
• Vice Chairperson
• Department of Foreign Affairs
• Department of Defence
• South African Nuclear Energy Corporation
• Department of Trade and Industry
• Industry
• Biological
• Chemical
• Space
• Nuclear
• Additional members appointed by the Minister

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STRUCTURE
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THE NON-PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION ACT, 1993 (ACT87 OF 1993)

• Current Regulations and Notices published
• in terms of the Act
• MTCR - No. 429, 10 April 2002
• NSG DUR - No. 430, 10 April 2002
• Catch-All - No. R.75, 29 January 2004
• CWC Regulation - No. R.77, 29 January 2004
• CWC Goods - No. 152, 29 January 2003
• CWC Convention - No. 754, 2 May 1997
• BTWC Convention - R. 16, 26 February 2002
• BTWC Goods - No. 712, 8 June 2004

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PERMIT EVALUATION CRITERIA

• PROLIFERATION RISK ASSESSMENT
• Overall assessment of the individual case by
  considering all the
• Factors that influence the proliferation risk
• Measures to reduce the risk
• As well as
• If the particular country in considered to be a
  country of proliferation concern

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PERMITS

• Import
• Export
• Transit

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PERMITS CONDITION VARIATIONS

• Individual
• Individual (Issue on request)
• Open Multiple

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CATCH ALL

• Based on the Inform Principle (By Council)
• Can cover any item currently excluded from
  control lists
• Council advises the Minister on proliferation
  risk of a specific situation
• Minister determines that particular items are
  controlled

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NPC AND NCACC CONTROL SYSTEM RELATIONSHIP

• Dual and independent systems
• Linked by a coordinating procedure
• Transparency for officials in both systems
• Different criteria
• Risk for possible proliferation use
• Political and regional stability issues

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NPC/WASSENAAR OVERLAP

• NSG PART 2
• MTCR
• CWC
• AUSTRALIA GROUP
• BALANCE OF WASSENAAR IS CONTROLLED BY THE NCACC

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REGULATIONS MTCR

• Missile technology items are controlled under
  Government Notice No. 429 dated 10 April 2002
• List of items are as per the MTCR agreed Annex
• Imports and Exports are controlled

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REGULATIONS NSG

• Nuclear dual-use items are controlled under
  Government Notice No. 430 dated 10 April 2002
• List of items are as per the NSG agreed Annex
• Imports and Exports are controlled

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REGULATIONS BIOLOGICAL

• The Biological and Toxin Weapons Convention was
  published as part of South African law on 26
  February 2002 as Government Notice No. R. 16
• Biological pathogens and equipment are controlled
  in Government Notice No. 712 dated 8 June 2004
• Only exports of biological items are controlled

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REGULATIONS BIOLOGICAL(Continued)

• The list of controlled pathogens and equipment
  include the Australia Group list of pathogens as
  well as the additional pathogens on the Warning
  List and the Awareness raising guidelines list
  of the Australia Group
• The Australia Group 2003 Plenary agreed to
  include the additional pathogens as above to the
  export control list as well as a few other
  pathogens
• These other pathogens have been included in the
  biological Notice No. 712

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REGULATIONS BIOLOGICAL(Continued)

• The South African List of pathogens for export
  Control differs with the Australia Group as
  follows
• All Arena viruses are controlled although those
  listed in the Australia Group list have been
  specified individually
• The following additional pathogens are
  controlled
• Rickettsia rickettsii
• Sclerotinia sclerotiorum
• The following additional toxins are controlled
• Modeccin, Aflatoxin, Volkensin and Viscum album
  Lectin 1 (Viscumin)

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REGULATIONS CHEMICAL

• The Chemical Weapons Convention was published as
  part of South African law on 2 May 1997 as
  Government Notice No. 754
• The chemicals as listed in the CWC, as well as
  Australia Group chemicals are controlled in
  Government Notice No. 152 dated 29 January 2003
• The CWC list of chemicals are controlled in terms
  of import and export
• The additional Australia Group list of chemicals
  are controlled in terms of exports only

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AUSTRALIA GROUP CHEMICALS CONTROLLED IN TERMS OF
EXPORTS

• 3-Hydroxy-1-methylpiperidine Potassium Fluoride
• 2-Chloroethanol Dimethylamine
• Dimethylamine Hydrochloride Hydrogen Fluoride
• Methyl Benzilate 3-Quinuclidone
• Pinacolone Potassium Cyanide
• Potassium Bifluoride Ammonium Bifluoride
• Sodium Bifluoride Sodium Fluoride
• Sodium Cyanide Di-isopropylamine
• Sodium Sulphide Diethylaminoethanol
• Phosphorus Pentasulphide
• Triethanolamine Hydrochloride

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• The End