Mandating Procedures of Provinces Act, 2008
R 385
National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)Chapter II : Control and Inspection16. Accountability where controlled items are exported |
Where controlled items are exported, and—
| (a) | ownership thereof is transferred, the Committee must satisfy itself that the government of the country of import has given an undertaking, reflected in an end-user certificate, that the controlled items in question will not be transferred, re-sold or re-exported to any other country without the prior approval of the Committee, acting on behalf of the Government of South Africa; |
| (b) | transfer of ownership does not take place, the Committee— |
| (i) | obtain a letter from the government of the country of import stating that the controlled items in question are intended for demonstration or evaluation purposes and whether they will be returned; or |
| (ii) | obtain a letter from the applicant stating that the arms in question are being exported for repair or integration only and will be returned; |
| (c) | where there is an undertaking that the controlled items in question are to be returned, the Committee must satisfy itself that the controlled items have been returned to the Republic in accordance with the undertaking; |
| (d) | the controlled items in question have been expended during demonstration, the Committee must obtain a certificate from the government of the country of import verifying that fact. |
[Section 16 substituted by section 10 of the National Conventional Arms Control Amendment Act No. 73 of 2008]
