Text in English / This research project, within the context of security risk management in general and aviation security in particular, aimed to explore the impact of the application of international and local air cargo security regulations on South Africa, with specific reference to the regulations of the International Civil Aviation Organisation (ICAO), as well as the European Union (EU) and the United States of America (USA). In South Africa, since the early 2000s, the South African Civil Aviation Authority (SACAA) has been the lead agency for dealing with and managing the needs for air cargo security. This oversight by SACAA culminated in 2009 with the promulgation of the SACAA Regulation commonly known as Part 108. Accordingly the primary research focus was on the impact Part 108 has had on the air cargo industry in South Africa. In addition, it compared the South African regulations with those of the USA and EU regulations; explored the compliance of the various roleplayers; sought to understand the enforcement of the regulations; and examined the effectiveness of the available security and screening methods. Furthermore, the research attempted to determine whether these regulations had any effect on preventing or deterring crime in the air cargo sector. / Criminology and Security Science / M. Tech. (Security Management)

The prevalence of the money laundering crime has prompted the introduction of customer due diligence (CDD) measures. CDD measures facilitate the prevention of money laundering and promote the introduction of certain detective skills. Several international institutions champion the introduction of the detective skills in general and the performing of CDD measures in particular. These institutions acknowledge the cumbersome (administrative and financial) effects of introducing the detective skills and the performing of CDD measures. However, these institutions concedes that the aforementioned burden can be alleviated or lessened if the institutions that are responsible for performing CDD measures, i.e. Accountable Institutions (AIs), can exchange and rely on third parties’ (CDD) data. The exchange and reliance on third parties’ data must however consider the divergent threats or risks that might be associated with the data or third parties. The view regarding the exchanging and relying on third parties’ data is shared by, amongst others, the FATF and the UK. However, South Africa appears to be lagging behind in this respect. In other words, the South African FICA and FICA Regulations omit to encapsulate express and lucid provisions permitting the exchanging and relying on third parties’ data for purposes of performing CDD measures. The aforementioned omission, it is argued, creates a legal vacuum in the South African scheme of anti-money laundering. In other words, the aforesaid vacuum lives the South African AIs in a state of doubt regarding the manner and extent of exchanging and relying on third parties’ data. However, the aforesaid vacuum, this study concedes, can be rectified by introduction provisions that are line with the draft Regulation 5A and 5B that are proposed in chapter seven of this study. / Jurisprudence / LL. M.

Text in English / This research project, within the context of security risk management in general and aviation security in particular, aimed to explore the impact of the application of international and local air cargo security regulations on South Africa, with specific reference to the regulations of the International Civil Aviation Organisation (ICAO), as well as the European Union (EU) and the United States of America (USA). In South Africa, since the early 2000s, the South African Civil Aviation Authority (SACAA) has been the lead agency for dealing with and managing the needs for air cargo security. This oversight by SACAA culminated in 2009 with the promulgation of the SACAA Regulation commonly known as Part 108. Accordingly the primary research focus was on the impact Part 108 has had on the air cargo industry in South Africa. In addition, it compared the South African regulations with those of the USA and EU regulations; explored the compliance of the various roleplayers; sought to understand the enforcement of the regulations; and examined the effectiveness of the available security and screening methods. Furthermore, the research attempted to determine whether these regulations had any effect on preventing or deterring crime in the air cargo sector. / Criminology and Security Science / M. Tech. (Security Management)