U.S. Implementation of the Arms Embargo Against South Africa: A review of national legislation and enforcement procedures

Paper prepared for the "International Seminar on the Implementation and Reinforcement of the Arms Embargo Against South Africa" held by the Special Committee against Apartheid on April 1-3, 1981. The paper says that in February all export control regulations were reportedly "under review," and in March the Administration extended courtesies to five key South African military representatives, including Lieutenant General P.W. van der Westhuizen, chief of South African military intelligence; Rear Admiral Willem N. du Plessis, assigned to the South African Department of National Security; and Brigadier Nels van Tonder. South African Defence Force people met with members and staff of Congress, an official of the U.S. Defense Intelligence Agency, an officer in the U.S National Security Council, and at least one Cabinet member, Jean Kirkpatrick, U.S. Ambassador to the UN. The paper says that, under the new National Key Points legislation, introduced after the African National Congress (ANC) attacks on the SASOL plants, the South African Minister of Defense can declare any place or area a national key point "whenever he considers it necessary or expedient for the safety of the Republic"; since the large majority of direct U.S. investment in South Africa is in key industries such as oil, auto, and electronics, most of them will likely be declared key points in the event of any serious threat to the apartheid regime. The paper discusses the Security Council, the UN Participation Act of 1945, Chester Crocker, "constructive engagement," the State Department, computers, the Munitions List, Office of Munitions Control, NATO, Export Administration Act of 1979, the Commerce Department, the Carter and Reagan Administrations, Kennedy, Johnson, International Security and Assistance Act, Arms Export Control Act (AECA), The Africa Fund, the Security Council Arms Embargo Committee, Sabre Industries, 155 mm artillery, Shell, nuclear explosion, M109A1 155 mm, self-propelled howitzers, SPIRI, M-47 Patton I tanks, M-113A2 armored personnel carriers, V-150/200 Commando armored personal carriers, Lockheed F-104G Starfighter aircraft, the North American F-51D Cavalier aircraft, the Reshef missile, South African Navy, U.S. radar jamming and decoy systems, the fighter aircraft, Lockheed Hercules C-130 transport plane, the South African Air Force, former CIA official John Stockwell, Merkava battle tanks, Teladyne diesel engine, Air Commandos. Cessna 135, Piaggio P166 navel petrol planes, Swearing Merlines, August Bell 205A Huey helicopter, Safair, computers and other electronic equipment, Plessey, Digital Equipment, Control Data Corporation, General Motors, Ford, oil-from-coal, Fluor Corporation, Mobil, Caltex, and General Magnus Lalan. • NATIONAL LEGISLATION: A SUMMARY • I. Export of military equipment • II. Export of dual-use or non-military equipment • REPORTED ARMS EMBARGO VIOLATIONS AND QUESTIONS CONCERNING ENFORCEMENT • 1. Arms Sales Licensing • a. Space Research Corporation • b. Reports of third-party arms transfers • c. Reported Arms Transfers Including US Components • 2. "Dual Use" Items • 3. Nuclear Collaboration • Strengthening the Arms Embargo and Its Enforcement • Note