Portfolio Committee on Trade and Industry

Non-Proliferation Council Annual Report

4 June 2008

International Trade and Economic Development Delegation

Mr D J van Beek, Dir: Non-Proliferation, daanvb@thedti.gov.za, 0123493033

Ms X Mlumbi, Dir: Nepad, XMlumbi@thedti.gov.za, 0123943066

Mr G Monyemangene, CD: Africa and Middle East, Georgem@thedti.gov.za, 0123943073

ABREVIATIONSARC Agricultural Research CouncilBTWC Convention on the Prohibition of the Development, Production and

Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (Biological and Toxin Weapons Convention)

BWWC Biological Weapons Working CommitteeCC Non-Proliferation Control CommitteeCWC Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention)CWWC Chemical Weapons Working CommitteeDCAC Directorate of Conventional Arms ControlDFA Department of Foreign AffairsDI Defence IntelligenceDME Department of Minerals and Energythe dti Department of Trade and IndustryDOC Discrete Organic ChemicalMTCR Missile Technology Control Regime

ABREVIATIONS

NCACC National Conventional Arms Control CommitteeNECSA South African Nuclear Energy CorporationNIA National Intelligence AgencyNMDUC Nuclear and Missile Dual-use CommitteeNPC South African Council for the Non-Proliferation of Weapons of

Mass DestructionNPS Non-Proliferation SecretariatNSG Nuclear Suppliers GroupOPCW Organization for the Prohibition of Chemical WeaponsSAMHS South African Military Health ServicesSANAS South African National Accreditation ServicesSANDF South African National Defence ForceSAPS South African Police ServiceSASS South African Secret ServiceSSSF Single Small Scale FacilityTEM Technical Experts Meeting

POLICYMISSION

ACT 87 OF 1993

COUNCIL COMPOSITION

STRUCTURE

GOVERNMENT NOTICES

STATISTICS

CONCLUSION

POLICY

• 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;

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

POLICY• 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;

POLICY

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

• 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, and

POLICY

MISSION ACT 87 OF 1993

COUNCIL COMPOSITION

STRUCTURE

GOVERNMENT NOTICES

STATISTICS

CONCLUSION

MISSION

• Protect the interests and fulfill the obligations of South Africa in accordance with the national Non-Proliferation Policy; and

• Meet the state’s undertakings regarding international non- proliferation treaties, conventions and regimes

POLICY

MISSION

ACT 87 OF 1993 COUNCIL COMPOSITION

STRUCTURE

GOVERNMENT NOTICES

STATISTICS

CONCLUSION

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

The Act provides for:

• Establishment of a Non-Proliferation Council• Support by the Dept of Trade and Industry

• Appointment of inspectors

• Registration• Controlled goods

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

• Seizure of goods

• Regulations• Confidentiality

• Offences and penalties

• Treaties, conventions and agreements

• Annual Reporting

POLICY

MISSION

ACT 87 OF 1993

COUNCIL COMPOSITION STRUCTURE

GOVERNMENT NOTICES

STATISTICS

CONCLUSION

COUNCIL COMPOSITION

• Chairperson (Amb A S Minty)• Vice Chairperson (vacant)

• Department Of Foreign Affairs (Ms T Molaba)

• Department Of Defence (Col T L Mdekazi and vacant)

• South African Nuclear Energy Corporation (Mr L J Shayi)

• Department Of Trade And Industry (Mr I M Sharma)

COUNCIL COMPOSITION

• Industry: Biological (Dr J Southern) Chemical (Ms (Dr) L Lotter) Space (Maj-Gen (ret) J Kriel) Nuclear (Mr J Leaver)

• Additional members: (Ms E Monale, Mr G Molate and Ms (Dr) C Gould)

POLICY

MISSION

ACT 87 OF 1993

COUNCIL COMPOSITION

STRUCTURE

GOVERNMENT NOTICES

STATISTICS

CONCLUSION

STRUCTURE

MinisterTrade and

Industry

Non-Proliferation Council

CWWC

BWWC

NMDUCControl

Committee

DFANIADI

DCACDME

NECSA(Safeguards)

SASS

Director-GeneralTrade and Industry

SecretariatExperts

Consultants

Boards of Enquiry

NPRC

ProtechnikLaboratories

POLICY

MISSION

ACT 87 OF 1993

COUNCIL COMPOSITION

STRUCTURE

GOVERNMENT NOTICES

STATISTICS

CONCLUSION

GOVERNMENT NOTICES

• Notice No. 311 dated 11 April 2007

• Notice No. 430 dated 10 April 2002

• Notice No. 310 dated 11 April 2007

• Notice No. R.705 dated 23 May 1997

GOVERNMENT NOTICES

• Notice No. 754, dated 2 May 1997

• Notice No. R. 75, dated 29 January 2004

• Proclamation No. R. 16 dated 26 February 2002

• Notice No. 712 dated 8 June 2004

MTCR

CWC BTWC

WASSENAAR

ARRANGEMENT

NSG

AG

ML

DUAL-USE

SCOPE OF CONTROL

DME

MTCR

CWC BTWC

WASSENAAR

ARRANGEMENT

NSG

AG

ML

SCOPE OF CONTROL

DME

POLICY

MISSION

ACT 87 OF 1993

COUNCIL COMPOSITION

STRUCTURE

GOVERNMENT NOTICES

STATISTICS CONCLUSION

STATISTICSDuring the period of the report the Council:

• Received 136 import and 173 export applications• Issued 125 import permits and 141 export permits.• Guidance was given on 13 potential exports.

As at 30 June 2007, 25 applications were pending approval.

5 permit applications were withdrawn by the applicants.

POLICY

MISSION

ACT 87 OF 1993

COUNCIL COMPOSITION

STRUCTURE

GOVERNMENT NOTICES

STATISTICS

CONCLUSION

CONCLUSION

• The NPC successfully accomplished its mandate

• A permit system was maintained to enable trade of controlled goods.

CONCLUSION

• Enforcement and compliance efforts were enhanced through the introduction of an

internal compliance programme for industry.

• Active participation in international meetings further enhanced the capacity of the support structures of the Council