National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)

Chapter II : Control and Inspection

Purchase

When considering applications contemplated in section 14 the Committee must

(a)	assess each application on a case-by-case basis;

(b)	safeguard the national security interests of the Republic and those of its allies;

(c)	avoid contributing to internal repression, including the systematic violation or suppression of human rights and fundamental freedoms;

(d)	avoid transfers of controlled items to governments that systematically violate or suppress human rights and fundamental freedoms;

[Paragraph (d) substituted by section 9 of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(e)	avoid transfers of controlled items that are likely to contribute to the escalation of regional military conflicts, endanger peace by introducing destabilising military capabilities into a region or otherwise contribute to regional instability;

[Paragraph (e) substituted by section 9 of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(f)	adhere to international law, norms and practices and the international obligations and commitments of the Republic, including United Nations Security Council arms embargoes;

(g)	take account of calls for reduced military expenditure in the interests of development and human security;

(h)	avoid contributing to terrorism and crime;

(i)	consider the conventional arms control system of the recipient country and its record of compliance with end-user certificate undertakings, and avoid the export of conventional arms to a government that has violated an end-user certificate undertaking;

(j)	take into account the inherent right of individual and collective self-defence of all sovereign countries in terms of the United Nations Charter; and

(k)	avoid the export of controlled items that may be used for purposes other than the legitimate defence and security needs of the government of the country of import.

[Paragraphs (k) substituted by section 9 of the National Conventional Arms Control Amendment Act No. 73 of 2008]