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

Chapter I : Committee, Secretariat and Inspectorate

Purchase

(1) The Committee must—

(a)	establish processes and structures necessary for effective control of trade in and possession of controlled items

(aA)	establish processes and structures necessary for effective regulation of the rendering of certain assistance or services in a country of armed conflict in accordance with section 3 of the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act;

(b)	establish guidelines, structures and processes necessary for the scrutiny and assessment of an application for the issue of a permit under this Act and the Prohibition of Mercenary Activities and Regulation of Rendering of Certain Activities in Country of Armed Conflict Act;

(c)	where necessary, liaise with relevant Government agencies regarding the enforcement of this Act and the Prohibition of Mercenary Activities and Regulation of Rendering of Certain Activities in Country of Armed Conflict Act;

(d)	authorise or refuse the issue of any permit contemplated in section 14;

(dA)	grant or refuse an application for authorisation as contemplated in section 7 of the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act;

(e)	ensure that the conditions under which a permit is issued are complied with;

(f)	keep a register in the prescribed form of persons involved in trade in and possession of controlled items;

(g)	keep a register of every permit issued; and

(h)	issue reports as specified in section 23.

[Subsection (1) substituted by section 3(a) of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(2) The Committee may—

(a)	inside or outside the Republic, conduct any investigation into, inspection of and research in connection with any trade in and possession of controlled items;

(b)	consult with the Minister with regard to any aspect that falls within the powers of the Minister in terms of this Act;

(c)	evaluate and comment on trade in and possession of controlled items;

(d)	make recommendations to the Cabinet concerning the control of trade in and possession of controlled items; and

(e)	direct any subcommittee to make information which it has in its possession available to the Committee, the Cabinet, Parliament or any committee of Parliament.

[Subsection (2) substituted by section 3(b) of National Conventional Arms Control Amendment Act No. 73 of 2008]

(3)	The National Commissioner of the South African Police Service must submit for approval to the Committee any application in terms of the Firearms Control Act, 2000 (Act No. 60 of 2000), for the export of firearms and ammunition of such type and exceeding such quantity as may be prescribed.

(4)	The Committee may determine that a specific quantity or type of any controlled item may only be imported, exported, conveyed, traded in or disposed of in terms of any other Act with the approval of the Committee, in addition to the approval required in terms of any such Act.

[Subsections (4) inserted by section 3(c) of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(5)	For the purposes of subsection (4), any application for the import, export, conveyance, trade in or disposal of a controlled item determined in terms of subsection (4), received under the relevant Act, must be submitted to the Committee.

[Subsections (5) inserted by section 3(c) of the National Conventional Arms Control Amendment Act No. 73 of 2008]