PARLIAMENTARY BRIEFING ON THE DOD MANAGEMENT PROCESS WRT INTERNATIONAL AGREEMENTS

ENTERED INTO BY THE RSA GOVT SCOPE

AIM

DELIMITATIONS

DEFINITIONS

DEPARTMENTAL MANAGEMENT PROCESS

(DODI)

STATISTICAL OVERVIEW

AIM

TO INFORM PARLIAMENT OF THE DOD MANAGEMENT PROCESS WRT

INTERNATIONAL AGREEMENTS WITH A DEFENCE CONNOTATION ENTERED INTO THE RSA GOVT

TO PRESENT A STATISTICAL OVERVIEW OF THE CURRENT STATUS QUO  

 

DELIMITATION S

ONLY INTERNATIONAL AGREEMENTS SIGNED POST 1994

ONLY BILATERAL INTERNATIONAL AGREEMENT S

MULTILATERAL AGREEMENTS ITO SECTION 231(2) OF CONSTITUTION MANAGED BY DFA

DOD RESPONSIBILITY TO REPORT COMPLIANCE ON BEHALF OF THE GOVT

 

DEFINITIONS

INTERNATIONAL AGREEMENT

- An international agreement can, in terms of the Vienna Convention on the Law of Treaties (1969) as well as the Vienna Convention on the Law of Treaties between States and International Organisations or between International Organisation (1980), be defined as "a written agreement between states and/or international organisations and governed by international ... whatever its particular designation

 

DEFINITIONS (CONT)

AGREEMENT (DOD PURPOSES)

- An instrument less formal than a treaty or convention which is usually applied to agreements of limited scope and fewer parties. This term is employed when referring to both bilateral and multilateral agreements. Included herein is the term "Status of Forces Agreement (SOFA)", which refers to an agreement on the mutual exchange of military personnel for purposes of combined exercises and training

 

DEFINITIONS (CONT)

MOU/MOA

- A less formal instrument, usually concluded at the administrative level and usually becoming binding on signature thereof

DECLARATION

- Denotes a treaty that declares common principles of policy and can be unilateral or jointly released by the parties concerned

DEFINITIONS (CONT)

EXCHANGE OF NOTES

- The most informal of all treaty-making processes. It has been adopted frequently in recent times as a means to conclude agreements

LETTER OF INTENT

- An informal instrument used to express the mutual intentions and goodwill of the parties involved and does not constitute a legally binding document

DEFINITIONS (CONT)

IMPLEMENTING ARRANGEMENT

- An ancillary instrument to an original instrument, which can be regarded as an annexure or addendum thereto. On its own, this instrument does not constitute a legally binding document in terms of international law and can only be regarded as politically and morally binding upon the parties.

 

DEFINITIONS (CONT)

PARTY / PARTIES (SUBJECT OF INT LAW)

- States

- International Organisations - EU, UN, AU, SADC

 

REQUIREMENTS

The parties should be subjects of international law

The agreement should be governed by international law

The agreement should be in writing

 

DOD MANAGEMENT PROCESS

PHASE 1 - Identification of Requirement

PHASE 2 - Internal Departmental Approval

PHASE 3- External Departmental Approval

PHASE 4 - Certification by DFA

PHASE 5 - Ceremonial Aspects

PHASE 6- Implementation

PHASE 7 - Termination or Expiration