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

1. Definitions

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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.