Internal Compliance Programme (ICP) for Industry is recommended for organisations that wish to introduce fixed procedures for the purpose of ensuring compliance with the South African non-proliferation legislation and supporting regulations. An ICP typically include a set of procedures that an organisation must satisfy before trade in controlled goods and or technology takes place. Therefore, an ICP which is a voluntary guideline, aims to instil a culture within industry to “think non-proliferation control”.
Purpose of an ICP:
- To ensure compliance South African non-proliferation legislation and other related legislation.
- To ensure compliance with international non-proliferation treaties, conventions and control regime that South Africa is party to.
- To provide voluntary guidelines to industry in implementing practical and relevant non-proliferation controls.
- To assist industry in establishing mechanisms within their entities that will enhance due diligence at key stages in a secure supply chain and the overall control process.
- To establish a practical approach to non-proliferation, thus easing industry trade procedures, benefitting the customer and helping entities involved in controlled activities and/or dual-use goods to proceed with confidence.
- To guide industry on how to train and educate corporate staff in the provisions of South African non-proliferation legislation and all aspects of its implementation, compliance and due diligence practice.
Key Elements of an ICP:
There is no simple and clear formula for creating a successful internal compliance program since each organisation has different sizes, risks and needs. However, there are key elements which are deemed to be core to an effective implementation of an internal compliance program. The proposed elements are not exhaustive and are for guidance only, therefore organisations should adapt them according to their specific needs and uniqueness.
For each element, the guidance describes the relevant objectives that organisations must expect and the steps involved to reach these objectives. These elements are explained in detail in the attached PDF document. [Internal Compliance Programme for Industry]
Code of Conduct:
In terms of section 7(1) of the Non-Proliferation Act “the Council may issue codes of conduct stating the principle of non-proliferation and describing procedures and methods to be followed during the execution of certain activities related to non-proliferation”.
Therefore, the codes of conduct aim to promote effective compliance with the legislation in respect of the non-proliferation of weapons of mass destruction.
The Council has instituted a voluntary Internal Compliance Programme (ICP) to guide and assist industry to ensure compliance with Government Notice No. R1919 of 25 March 2022 .