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

Chapter III : General

Purchase

(1) The Minister may make regulations, with the concurrence of the Committee, regarding—

(a)	the types of permits to be issued and the procedure to be followed when applying for any permit in terms of this Act and the disclosure of information relating thereto;

(b) the conditions under which a permit may be issued and the disclosure of information relating thereto;

(d)	the keeping of records, minutes, registers and financial statements by any person who is the holder of a permit in terms of this Act;

(dA) terms and conditions for domestic transfers of controlled items;

(dB) trade in and possession of controlled items;

(e) the format of reports to be furnished to the Minister, the Committee, the Cabinet or Parliament in terms of this Act;

(f) the procedure to be followed in connection with requests for reasons for decisions by a competent authority; and

(g)	any other matter which it may be necessary or expedient to prescribe in order to achieve the objects of this Act or which may or must be prescribed in terms of this Act.

(2)	A regulation may prescribe a penalty of a fine or of imprisonment for a period not exceeding five years, or both a fine and such imprisonment, for any contravention thereof or any failure to comply therewith.

(3) The Committee may, by notice in the Gazette, publish a list of controlled items to which this Act is applicable, including—

(a)	weapons, munitions, explosives, bombs, armaments, vessels, vehicles and aircraft designed or manufactured for use in war, and any other articles of war;

(b)	any component, equipment, system, processes and technology of whatever nature capable of being used in the design, development, manufacture, upgrading, refurbishment or maintenance of anything contemplated in paragraph (a);

(c)	products, technologies, services or other goods which, besides their normal use and application for civilian purposes, can also be used for the furtherance of general military capability; and

(d) any services relating to controlled items of whatever nature or form to any institution or country, including—

(i) aid;

(ii) advice;

(iii) assistance;

(iv) training;

(v) product support;

(vi) contractual after-sales and warranty services; and

(vii) brokering.

(4)	The Committee may, by notice in the Gazette, publish a list of prohibited items, which items may not be manufactured, possessed or transferred under this Act.

[Section 27 substituted by Section 18 of the National Conventional Arms Control Amendment Act No. 73 of 2008]