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Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998)

1. Definitions

 

 

In this Act, unless the context indicates otherwise—

 

"armed conflict"

includes any armed conflict between—

(a) the armed forces of foreign states;
(b) the armed forces of a foreign state and dissident armed forces or other armed groups; or
(c) armed groups;

 

"Committee"

means the National Conventional Arms Control Committee as constituted by the National Executive by the decision of 18 August 1995;

 

"foreign military assistance"

means military services or military-related services, or any attempt, encouragement, incitement or solicitation to render such services, in the form of—

(a) military assistance to a party to the armed conflict by means of—
(i) advice or training;
(ii) personnel, financial, logistical, intelligence or operational support;
(iii) personnel recruitment;
(iv) medical or para-medical services; or
(v) procurement of equipment;
(b) security services for the protection of individuals involved in armed conflict or their property;
(c) any action aimed at overthrowing a government or undermining the constitutional order, sovereignty or territorial integrity of a state;
(d) any other action that has the result of furthering the military interests of a party to the armed conflict,

but not humanitarian or civilian activities aimed at relieving the plight of civilians in an area of armed conflict;

 

"mercenary activity"

means direct participation as a combatant in armed conflict for private gain;

 

"Minister"

means the Minister of Defence;

 

"person"

means a natural person who is a citizen of or is permanently resident in the Republic, a juristic person registered or incorporated in the Republic, and any foreign citizen who contravenes any provision of this Act within the borders of the Republic;

 

"Republic"

means the Republic of South Africa;

 

"register"

means the register of authorisations and approvals maintained in terms of section 6.