A/HRC/21/43 ministers appointed by the President that was initially established in 1995 to deal with applications for arms sales. Upon receipt of such an application, the Committee makes a recommendation to the Minister of Defence, who makes a final determination according to criteria established in section 7 of the Act. Under this section, authorizations are not to be granted if they would be in conflict with the country’s international legal obligations, result in the infringement of human rights, endanger the peace by introducing destabilizing military capabilities, contribute to regional instability or negatively influence the balance of power, or support or encourage terrorism. 32. The Committee is required to maintain a register of authorizations and approvals issued by the Minister of Defence. In addition, it must submit quarterly reports to the national executive, Parliament and the Parliamentary Committee on Defence and Military Veterans on the register and on its activities under the Act. 33. The Act criminalizes the undertaking of the activities prohibited by the law and the undertaking of activities without requisite authorization. To facilitate prosecutions, section 9 of the Act establishes the extraterritorial jurisdiction of national courts over offences under the Act. Specific sanctions for breaches of the Act are not identified, however. 34. As the Working Group noted in the report of its country visit to South Africa in 2010, the Act does not appear to have been effective in regulating the private military and 6 security industry. Indeed, following revelations that a number of South African nationals 7 were involved in a coup attempt in Equatorial Guinea, South Africa adopted stronger legislation, the Prohibition of Mercenary Activities and Regulation of Certain Activities in the Country of Armed Conflict Act, in 2006. 35. The Act mirrors the Regulation of Foreign Military Assistance Act in its approach. It 8 maintains the dual aims of prohibiting mercenary activities and regulating the provision of “assistance or service”, including “security services”. It is more specific than the previous legislation about the activities to be regulated. The term “assistance or service” includes any form of military or military-related assistance, service or activity, or any form of assistance or service to a party to the armed conflict by means of advice or training; personnel, financial, logistical, intelligence or operational support; personnel recruitment; medical or paramedical services; or procurement of services. The term “security services” is defined as including guarding and protection services, security advisory services and training, installing, servicing or repairing security equipment, and monitoring signals or transmissions. Under section 3 of the Act, no person, unless specifically authorized under by the National Conventional Arms Control Committee, may negotiate or offer assistance, including rendering service, to a party to an armed conflict or in a regulated country; provide any assistance or render any service to a party to an armed conflict or in a regulated country; recruit, use, train, support or finance a person to provide or render any service to a party to an armed conflict or in a regulated country; or perform any other act that has the result of furthering the military interests of a party to an armed conflict or in a regulated country. Rather than rely solely on the loosely defined term “armed conflict” to determine the scope of the Act, section 6 provides that the President, on the recommendation of the 6 7 8 A/HRC/18/32/Add.3, paras. 27-39. See Adam Roberts, The Wonga Coup (London, Profile Books, 2006). See also A/HRC/18/32/Add.2. Under the prohibition of mercenary activity, no person may participate as a combatant for private gain in an armed conflict; directly or indirectly recruit, use, train, support or finance a combatant for private gain in an armed conflict; directly or indirectly participate in any manner in the initiation, causing or furthering of an armed conflict; or a coup d’état, uprising or rebellion against any Government; or directly or indirectly perform any act aimed at overthrowing a Government or undermining the constitutional order, sovereignty or territorial integrity of a State. 9