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

7. Criteria for granting or refusal of authorisations and approvals

 

 

(1) An authorisation or approval in terms of sections 4 and 5 may not be granted if it would—
(a) be in conflict with the Republic's obligations in terms of international law;
(b) result in the infringement of human rights and fundamental freedoms in the territory in which the foreign military assistance is to be rendered;
(c) endanger the peace by introducing destabilising military capabilities into the region where the assistance is to be, or is likely to be, rendered or would otherwise contribute to regional instability and would negatively influence the balance of power in such region;
(d) support or encourage terrorism in any manner;
(e) contribute to the escalation of regional conflicts;
(f) prejudice the Republic's national or international interests;
(g) be unacceptable for any other reason.

 

(2) A person whose application for an authorisation or approval in terms of section 4 or 5 has not been granted by the Minister may request the Minister to furnish written reasons for his or her decision.

 

(3) The Minister shall furnish the reasons referred to in subsection (2) within a reasonable time.