Volume 100 · 1086
Public Law 99–440
To prohibit loans to, other investments in, and certain other activities with respect to, South Africa, and for other purposes
Approved October 2, 1986
Statutory text
An Act
To prohibit loans to, other investments in, and certain other activities with respect to, South Africa, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
short title
Section 1.
This Act may be cited as the “Comprehensive Anti-Apartheid Act of 1986”.
table of contents
Sec. 2.
definitions
Sec. 3.
As used in this Act
—
the term “Code of Conduct” refers to the principles set forth in section 208(a);
the term “controlled South African entity” means—
a corporation, partnership, or other business association or enti organized in South Africa and owned or controlled, directly or indirectly, by a national of the United States; or
a branch, office, agency, or sole proprietorship in South Africa of a nationalof the United States;
the term “loan”—
means any transfer or extension of funds or credit on the basis of an obligation to repay, or any assumption or guarantee of the obligation of another to repay an extension of funds or credit, including—
overdrafts,
currency swaps,
the purchase of debt or equity securities issued by the Government of South Africa or a South African entity on or after the date of enactment of this Act,
the purchase of a loan made by another person,
the sale of financial assets subject to an agreement to repurchase, and
a renewal or refinancing whereby funds or credits are transferred or extended to the Government of South Africa or a South Africanentity, and
does not include—
normal short-term trade financing, as by letters of credit or similar trade credits;
sales on open account in cases where such sales are normal business practice; or
rescheduling of existing loans, if no new funds or credits are thereby extended to a South African entity or the Government of South Africa;
the term “new investment”—
means—
a commitment or contribution of funds or other assets, and
a loan or other extension of credit, and
does not include—
the reinvestment of profits generated by a controlled South African entity into that same controlled South African entity or the investment of such profits in a South African entity;
contributions of money or other assets where such contributions are necessary to enable a controlled South African entity to operate in an economically sound manner, without expanding its operations; or
the ownership or control of a share or interest in a South African entity or a controlled South African entity or a debt or equity security issued by the Government of South Africa or a South African entity before the date of enactment of this Act, or the transfer or acquisition of such a share, interest, or debt or equity security, if any such transfer or acquisition does not result in a payment, contribution of funds or assets, or credit to a South African entity, a controlled South African entity, or the Government of South Africa;
the term “national of the United States” means—
a natural person who is a citizen of the United States or who owes permanent allegiance to the United States or is an alien lawfully admitted for permanent residence in the United States, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or
a corporation, partnership, or other business association which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia;
the term “South Africa” includes—
the Republic of South Africa;
any territory under the Administration, legal or illegal, of South Africa; and
the “bantustans” or “homelands”, to which South African blacks are assigned on the basis of ethnic origin, including the Transkei, Bophuthatswana Ciskei, and Venda; and
the term “South African entity” means—
a corporation, partnership, or other business association or entity organized in South Africa; or
a branch, office, agency, or sole proprietorship in South Africa of a person that resides or is organized outside South Africa; and
the term “United States” includes the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
purpose
Sec. 4.
The purpose of this Actis to set forth a comprehensive and
complete framework to guide the efforts of the United States in helping to bring an end to apartheid in South Africa and lead to the establishment of a nonracial, democratic form of government. This Act sets out United States policy toward the Government of South Africa, the victims of apartheid, and the other states in southern Africa. It also provides the President with additional authority to work with the other industrial democracies to help end apartheid and establish democracy in South Africa.
TITLE I— POLICY OF THE UNITED STATES WITH RESPECT TO ENDING APARTHEID
policy toward the government of south africa
Sec. 101.
United States policy toward the Government of South
Africa shall be designed to bring about reforms in that system of government that will lead to the establishment of a nonracial democracy.
The United States will work toward this goal by encouraging the Government of South Africa to—
repeal the present state of emergency and respect the principle of equal justice under law for citizens of all races;
release Nelson Mandela, Govan Mbeki, Walter Sisulu
Nelson Mandela.
Govan Mbeki.
Walter Sisulu.
, black trade union leaders, and all political prisoners;
permit the free exercise by South Africans of all races of the right to form political parties, express political opinions, and otherwise participate in the political process;
establish a timetable for the elimination of apartheid laws;
negotiate with representatives of all racial groups in South Africa the future political system in South Africa; and
end military and paramilitary activities aimed at neighboring states.
The United States will encourage the actions set forth in subsection (b) through economic, political, and diplomatic measures as set forth in this Act. The United States will adjust its actions toward the Government of South Africa to reflect the progress or lack of progress made by the Government of South Africa in meeting the goal set forth in subsection (a).
policy toward the african national congress, etc.
Sec. 102
Pan African Congress.
United States policy toward the African National Congress, the Pan African Congress, and their affiliates shall be designed to bring about a suspension of violence that will lead to the start of negotiations designed to bring about a nonracial and genuine democracy in South Africa.
The United States shall work toward this goal by encouraging the African National Congress and the Pan African Congress, and their affiliates, to—
suspend terrorist activities so that negotiations with the Government of South Africa and other groups representing black South Africans will be possible;
make known their commitment to a free and democratic post-apartheid South Africa;
agree to enter into negotiations with the South African Government and other groups representing black South Africans for the peaceful solution of the problems of South Africa;
reexamine their ties to the South African Communist Party.
The United States will encourage the actions set forth in subsection (b) through political and diplomatic measures. The United States will adjust its actions toward the Government of South Africa not only to reflect progress or lack of progress made by the Government of South Africa in meeting the goal set forth in subsection 101(a) but also to reflect progress or lack of progress made by the ANC and other organizations in meeting the goal set forth in subsection (a) of this section.
policy toward the victims of apartheid
Sec. 103.
The United States policy toward the victims of apartheid is to use economic, political, diplomatic, and other effective means to achieve the removal of the root cause of their victimization, which is the apartheid system. In anticipation of the removal of the system of apartheid and as a further means of challenging that system, it is the policy of the United States to assist these victims of apartheid as individuals and through organizations to overcome the handicaps imposed on them by the system of apartheid and to help prepare them for their rightful roles as full participants in the political, social, economic, and intellectual life of their country in the post-apartheid South Africa envisioned by this Act.
The United States will work toward the purposes of subsection (a) by—
providing assistance to South African victims of apartheid without discrimination by race, color, sex, religious belief, or political orientation, to take advantage of educational opportunities in South Africa and in the United States to prepare for leadership positions in a post-apartheid South Africa;
assisting victims of apartheid;
aiding individuals or groups in South Africa whose goals are to aid victims of apartheid or foster nonviolent legal or political challenges to the apartheid laws;
furnishing direct financial assistance to those whose nonviolent activities had led to their arrest or detention by the South African authorities and (B) to the families of those killed by terrorist acts such as “necklacings”;
intervening at the highest political levels in South Africa to express the strong desire of the United States to see the development in South Africa of a nonracial democratic society;
supporting the rights of the victims of apartheid through political, economic, or other sanctions in the event the Government of South Africa fails to make progress toward the removal of the apartheid laws and the establishment of such democracy; and
supporting the rights of all Africans to be free of terrorist attacks by setting a time limit after which the United States will pursue diplomatic and political measures against those promoting terrorism and against those countries harboring such groups so as to achieve the objectives of this Act.
policy toward other countries in southern africa
Sec. 104.
The United States policy toward the other countries in the Southern African region shall be designed to encourage democratic forms of government, full respect for human rights, an end to cross-border terrorism, political independence, and economic development.
The United States will work toward the purposes of subsection (a) by—
helping to secure the independence of Namibia and the
Namibia.
establishment of Namibia as a nonracial democracy in accordance with appropriate United Nations Security Council resolutions;
supporting the removal of all foreign military forces from the region;
encouraging the nations of the region to settle differences through peaceful means;
promoting economic development through bilateral and multilateral economic assistance targeted at increasing opportunities in the productive sectors of national economies, with a particular emphasis on increasing opportunities for nongovernmental economic activities;
encouraging, and when necessary, strongly demanding, that all countries of the region respect the human rights of their citizens and noncitizens residing in the country, and especially the release of persons persecuted for their political beliefs or detained without trial;
encouraging, and when necessary, strongly demanding that all countries of the region take effective action to end cross-border terrorism; and
providing appropriate assistance, within the limitations of
Transportation.
American responsibilities at home and in other regions, to assist regional economic cooperation and the development of interregional transportation and other capital facilities necessary for economic growth.
policy toward “frontline” states
Sec. 105.
It is the sense of the Congress that the President should
President of U.S.
Transportation.
discuss with the governments of the African “frontline” states the effects on them of disruptions in transportation or other economic links through South Africa and of means of reducing those effects.
policy toward a negotiated settlement
Sec. 106.
United States policy will seek to promote negotiations among representatives of all citizens of South Africa to determine a future political system that would permit all citizens to be full participants in the governance of their country. The United States recognizes that important and legitimate political parties in South Africa include several organizations that have been banned and will work for the unbanning of such organizations in order to permit legitimate political viewpoints to be represented at such negotiations
Communists.
. The United States also recognizes that some of the organizations fighting apartheid have become infiltrated by Communists and that Communists serve on the governing boards of such organizations.
President of U.S.
Communists.
To this end, it is the sense of the Congress that the President, the Secretary of State, or other appropriate high-level United States officials should meet with the leaders of opposition organizations of South Africa, particularly but not limited to those organizations representing the black majority. Furthermore, the President, in concert with the major allies of the United States and other interested parties, should seek to bring together opposition political leaders with leaders of the Government of South Africa for the purpose of negotiations to achieve a transition to the post-apartheid democracy envisioned in this Act.
The United States will encourage the Government of South Africa and all participants to the negotiations to respect the rfght of all South Africans to form political parties, express political opinions, and otherwise participate in the political process without fear of retribution by either governmental or nongovernmentalorganizations. It is the sense of the Cong7ess that a suspension of violence is an essential precondition for the holding of negotiations. The United States calls upon all parties to the conflict to agree to a suspension of violence.
The United States will work toward the achievement of agreement to suspend violence and beginnegotiations through coordinated actions with the major Westem allies and with the governments of the countries in the region.
Great Britain.
Canada.
France.
Italy.
Japan.
West Germany.
It is the sense of the Congress that the achievement of an agreement for negotiations could be promoted if the United States and its major allies, such as Great Britain, Canada, France, Italy, Japan, and West Germany, would hold a meeting to develop a four-point plan to discuss with the Government of South Africa a proposal for stages of multilateral assistance to South Africa in return for the Government of South Africa implementing—
Nelson Mandela.
an end to the state of emergency and the release of the political prisoners, including Nelson Mandela;
African National Congress.
Pan African Congress.
Black Consciousness Movement.
the unbanning of the African National Congress, the Pan African Congress, the Black Consciousness Movement, and all other groups willing to suspend terrorism and to participate in negotiations and a democratic process;
a revocation of the Group Areas Act and the Population Registration Act and the granting of universal citizenship to all South Africans, including homeland residents; and
the use of the international offices of a third party as an intermediary to bring about negotiations with the object of the establishment of power-sharing with the black majority.
policy toward international cooperation on measures to end apartheid
Sec. 107.
The Congress finds that
—
international cooperation is a prerequisite to an effective anti-apartheid policy and to the suspension of terrorism in South Africa; and
the situation in South Africa constitutes an emergency in international relations and that action is necessary for the protection of the essential security interests of the United States.
Accordingly, the Congress urges the President to seek such cooperation among all individuals, groups, and nations.
policy toward necklacing
Sec. 108.
African National Congress.
It is the sense of the Congress that the African National Congress should strongly condemn and take effective actions against the execution by fire, commonly known as “necklacing”, of any person in any country.
united states ambassador to meet with nelson mandela
Sec. 109.
It is the sense of the Senate that the United States
Nelson Mandela.
Ambassador should promptly make a formal request to the South African Government for the United States Ambassador to meet with Nelson Mandela.
policy toward the recruitment and training of black south africans by united states employers
Sec. 110.
The Congress finds that—
the policy of apartheid is abhorrent and morally repugnant;
the United States believes strongly in the principles of democracy and individual freedoms;
the United States endorses the policy of political participation of all citizens;
a free, open, and vital economy is a primary means for achieving social equality and economic advancement for all citizens; and
the United States is committed to a policy of securing and enhancing human rights and individual dignity throughout the world.
It is the sense of the Congress that United States employers operating in South Africa are obliged both generally to actively oppose the policy and practices of apartheid and specifically to engage in recruitment and training of black and colored South Africans for management responsibilities.
TITLE II— MEASURES TO ASSIST VICTIMS OF APARTHEID
scholarships for the victims of apartheid
SEC. 201.
Section 105(b) of the Foreign Assistance Act of 1961 is amended—
by inserting “(1)” after “(b)”; and
Education.
Schools and colleges.
by adding at the end thereof the following new paragraph:
“(2) (A) (i) Of the amounts authorized to be appropriated to carry out this section for the fiscal years 1987, 1988, and 1989, not less than $4,000,000 shall be used in each such fiscal year to finance education, training, and scholarships for the victims of apartheid, including teachers and other educational professionals, who are attending universities and colleges in South Africa. Amounts available to carry out this subparagraph shall be provided in accordance with the provisions of section 802(c) of the International Security and
Development Cooperation Act of 1985.
“(ii) Funds made available for each such fiscal year for purposes of chapter
4 of part II of this Act may be used to finance such education, training, and scholarships in lieu of an equal amount made available under this subparagraph.
“(B) (i) In addition to amounts used for purposes of subparagraph (A), the agency primarily responsible for administering this part, in collaboration with other appropriate departments or agencies of the United States, shall use assistance provided under this section or chapter 4 of part II of this Act to finance scholarships for students pursuing secondary school education in South Africa. The selection of scholarship recipients shall be by a nationwide panel or by regional panels appointed by the United States chief of diplomatic mission to South Africa.
“(ii) Of the amounts authorized to be appropriated to carry out this section and chapter 4 of part II of this Act for the fiscal years 1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in each such fiscal year for purposes of this subparagraph.
“(C) (i) In addition to the assistance authorized in subparagraph (A), the agency primarily responsible for administering this part shall provide assistance for inservice teacher training programs in South Africa through such nongovernmental organizations as TOPS or teachers’ unions.
“(ii) Of the amounts authorized to be appropriated to carry out this section and chapter 4 of part II of this Act, up to an aggregate of $500,000 for the fiscal year 1987 and up to an aggregate of $1,000,000 for the fiscal year 1988 may be used for purposes of this subparagraph, subject to standard procedures for project review and approval.”.
The Foreign Assistance Act of 1961 is amended by inserting after section 116 the following new section:
“Sec. 117. Assistance for Disadvantaged South Africans.—
In providing assistance under this chapter or under chapter 4 of part II of this Act for disadvantaged South Africans, priority shall be given to working with and through South African nongovernmental organizations whose leadership and staff are selected on a nonracial basis, and which have the support of the disadvantaged communities being served. The measure of this community support shall be the willingness of a substantial number of disadvantaged persons to participate in activities sponsored by these organizations. Such organizations to which such assistance may be provided include the Educational Opportunities Council, the South African Institute of Race Relations, READ, professional teachers’ unions, the Outreach Program of the University of the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust, TOPS, the Wilgespruit Fellowship Center (WFC), and civic and other organizations working at the community level which do not receive funds from the Government of South Africa.”.
human rights fund
Sec. 202.
Section 116(e)(2)(A) of the Foreign Assistance Act of
1961 is amended—
by striking out “1984 and” and inserting in lieu thereof “1984,”; and
by inserting after “1985” a comma and the following: “and $1,500,000 for the fiscal year 1986 and for each fiscal year thereafter”.
Section 116 of such Act is amended by adding at the end thereof the following new subsection:
“(f) (1) Of the funds made available to carry out subsection (e)(2)(A) for each fiscal year, not less than $500,000 shall be used for direct legal and other assistance to political detainees and prisoners and their families, including the investigation of the killing of protesters and prisoners, and for support for actions of black-led community organizations to resist, through nonviolent means, the enforcement of apartheid policies such as—
“(A) removal of black populations from certain geographic areas on account of race or ethnic origin,
“(B) denationalization of blacks, including any distinctions between the South African citizenships of blacks and whites,
“(C) residence restrictions based on race or ethnic origin,
“(D) restrictions on the rights of blacks to seek employment in
Employment and unemployment.
South Africa and to live wherever they find employment in South Africa, and
“(E) restrictions which make it impossible for black employees
Housing.
and their families to be housed in family accommodations near their place of employment.
“(2) (A) No grant under this subsection may exceed $100,000.
Grants.
“(B) The average of all grants under this paragraph made in any fiscal year shall not exceed $70,000.
“(g) Of the funds made available to carry out subsection (e)(2)(A) for each fiscal year, $175,000 shall be used for direct assistance to families of victims of violence such as ‘necklacing’ and other such inhumane acts. An additional $175,000 shall be made available to black groups in South Africa which are actively working toward a multi-racial solution to the sharing of political power in that country through nonviolent, constructive means.”.
expanding participation in the south african economy
Sec. 203.
The Congress declares that
—
the denial under the apartheid laws of South Africa of the rights of South African blacks and other nonwhites to have the opportunity to participate equitably in the South African economy as managers or owners of, or professionals in, business enterprises, and
the policy of confining South African blacks and other nonwhites to the status of employees in minority-dominated businesses,
is an affront to the values of a free society.
The Congress hereby—
applauds the commitment of nationals of the United States adhering
Post, p. 1097.
to the Code of Conduct to assure that South African blacks and other nonwhites are given assistance in gaining their rightful place in the South African economy; and
urges the United States Government to assist in all appropriate ways the realization by South African blacks and other nonwhites of their rightful place in the South African economy.
Business and industry.
Notwithstanding any other provision of law, the Secretary of State and any other head of a department or agency of the United States carrying out activities in South Africa shall, to the maximum extent practicable, in procuring goods or services, make affirmative efforts to assist business enterprises having more than 50 percent beneficial ownership by South African blacks or other nonwhite South Africans.
export-import bank of the united states
Sec. 204.
Section 2(b)(9) of the Export-Import Bank Act of 1945 is amended—
by striking out “(9) In” and inserting in lieu thereof “(9)(A) Except as provided in subparagraph (B), in”; and
by adding at the end thereof the following:
“(B) Business and industry.
The Bank shall take active steps to encourage the use of its facilities to guarantee, insure, extend credit, or participate in the extension of credit to business enterprises in South Africa that are majority owned by South African blacks or other nonwhite South Africans. The certification requirement contained in clause (c) of subparagraph (A) shall not apply to exports to or purchases from business enterprises which are majority owned by South African blacks or other nonwhite South Africans.”.
labor practices of the united states government in south africa
Sec. 205.
It is the sense of the Congress that the labor practices used by the United States Government
Employment and unemployment.
—
for the direct hire of South Africans,
for the reimbursement out of official residence funds of South Africans and employees of South African organizations for their long-term employment services on behalf of the United States Government, and
Contracts.
for the employment services of South Africans arranged by contract,
should represent the best of labor practices in the United States and should serve as a model for the labor practices of nationals of the United States in South Africa.
The Secretary of State and any other head of a department or agency of the United States carrying out activities in South Africa shall promptly take, without regard to any provision of law, the necessary steps to ensure that the labor practices applied to the employment services described in paragraphs (1) through 13) of subsection
Post, p. 1097.
(a) are governed by the Code of Conduct. Nothing in this section shall be construed to grant any employee of the United States the right to strike.
welfare and protection of victims of apartheid by the united states
Sec. 206.
The Secretary of State shall acquire, through lease or
Real property, Housing.
purchase, residential properties in the Republic of South Africa that shall be made available, at rents that are equitable, to assist victims of apartheid who are employees of the United States Government in obtaining adequate housing. Such properties shall be acquired only in neighborhoods which would be open to occupancy by other employees of the United States Government in South Africa.
There are authorized to be appropriated $10,000,000 for the
Appropriation authorization.
fiscal year 1987 to carry out the purposes of this section.
employment practices of united states nationals in south africa
Sec. 207.
Any national of the United States that employs more
than 25 persons in South Africa shall take the necessary steps to insure that the Code of Conduct is implemented.
Infra.
Exports.
No department or agency of the United States may intercede with any foreign government or foreign national regarding the export marketing activities in any country of any national of the United States employing more than 25 persons in South Africa that is not implementing the Code of Conduct.
code of conduct
Sec. 208.
The Code of Conduct referred to in sections 203, 205,
207, and 603 of this Act is as follows:
desegregating the races in each employment facility;
providing equal employment opportunity for all employees without regard to race or ethnic origin;
assuring that the pay system is applied to all employees without regard to race or ethnic origin;
establishing a minimum wage and salary structure based on the appropriate local minimum economic level which takes into account the needs of employees and their families;
increasing by appropriate means the number of persons in managerial, supervisory, administrative, clerical, and technical jobs who are disadvantaged by the apartheid system for the purpose of significantly increasing their representation in such jobs;
taking reasonable steps to improve the quality of employees’ lives outside the work environment with respect to housing, transportation,schooling, recreation, and health; and
implementing fair labor practices by recognizing the right of all employees, regardless of racial or other distinctions, to self-organization and to form, join, or assist labor organizations, freely and without penalty or reprisal, and recognizing the right to refrain from any such activity.
It is the sense of the Congress that in addition to the principles enumerated in subsection (a), nationals of the United States subject to section 207 should seek to comply with the following principle: taking reasonable measures to extend the scope of influence on activities outside the workplace, including—
supporting the unrestricted rights of black businesses to locate in urban areas;
influencing other companies in South Africa to follow the standards of equal rights principles;
supporting the freedom of mobility of black workers to seek employment opportunities wherever they exist, and make provision for adequate housing for families of employees within the proximity of workers’ employment; and
supporting the rescission of all apartheid laws.
President of U.S.
The President may issue additional guidelines and criteria to assist persons who are or may be subject to section 207 in complying with the principles set forth in subsection (a) of this section. The President may, upon request, give an advisory opinion to any person who is or may be subject to this section as to whether that person is subject to this section or would be considered to be in compliance with the principles set forth in subsection (a).
President of U.S.
The President may require all nationals of the United States referred to in section 207 to register with the United States Government.
President of U.S.
Contracts.
Notwithstanding any other provision of law, the President may enter into contracts with one or more private organizations or individuals to assist in implementing this section.
prohibition on assistance
Sec. 209.
No assistance may be provided under this Act to any group which maintains within its ranks any individual who has been found to engage in gross violations of internationally recognized human rights (as defined in section 502B(d)(1) of the Foreign Assistance
Act of 1961).
use of the african emergency reserve
Sec. 210.
President of U.S.
Whenever the President determines that such action is necessary or appropriate to meet food shortages in southern Africa, the President is authorized to utilize the existing, authorized, and funded reserve entitled the “Emergency Reserve for African Famine Relief” to provide food assistance and transportation for that assistance.
prohibition on assistance to any person or group engaging in “necklacing”
Sec. 211.
No assistance may be provided under this Act, the Foreign Assistance Act of 1961, or any other provision of law to any individual, group, organization, or member thereof, or entity that directly or indirectly engages in, advocates, supports, or approves the practice of execution by fire, commonly known as “necklacing”.
participation of south africa in agricultural export credit and promotion programs
Sec. 212.
Notwithstanding any other provision of this Act or any other provision of law, the Secretary of Agriculture may permit South Africa to participate in agricultural export credit and promotion programs conducted by the Secretary at similar levels, and under similar terms and conditions, as other countries that have traditionally purchased United States agricultural commodities and the products thereof.
TITLE III— MEASURES BY THE UNITED STATES TO UNDERMINE APARTHEID
prohibition on the importation of krugerrands
Sec. 301.
No person, including a bank, may import into the United
Banks and banking.
States any South African krugerrand or any other gold coin minted in South Africa or offered for sale by the Government of South Africa.
prohibition on the importation of military articles
Sec. 302.
No arms, ammunition, or military vehicles produced in
South Africa or any manufacturing data for such articles may be imported into the United States.
prohibition on the importation of products from parastatal organizations
Sec. 303.
Notwithstanding any other provision of law, no
Agriculture and agricultural commodities.
Defense and national security.
article which is grown, produced, manufactured by, marketed, or otherwise exported by a parastatal organization of South Africa may be imported into the United States, (1) except for agricultural products during the 12-month period from the date of enactment; and (2) except for those strategic minerals for which the President has certified to the Congress that the quantities essential for the economy or defense of the United States are unavailable from reliable and secure suppliers and except for any article to be imported pursuant to a contract entered into before August 15, 1986: Provided, That no shipments may be received by a national of the United States under such contract after April 1, 1987.
For purposes of this section, the term “parastatal organization” means a corporation or partnership owned or controlled or subsidired by the Government of South Africa, but does not mean a corporation or partnership which previously received start-up assistance from the South African Industrial Development Corporation but which is now privately owned.
prohibition on computer exports to south africa
Sec. 304.
No computers, computer software, or goods or technology
intended to manufacture or service computers may be exported to or for use by any of the following entities of the Government of South Africa:
The military.
The police.
The prison system.
The national security agencies.
ARMSCOR and its subsidiaries or the weapons research activities of the Council for Scientific and Industrial Research.
The administering authorities for controlling the movements of the victimsof apartheid.
Any apartheid enforcing agency.
Any local, regional, or homelands government entity which performs any function of any entity described in paragraphs (1) through (7).
Computers, computer software, and goods or technology intended to service computers may be exported, directly or indirectly, to or for use by an entity of the Government of South Africa other than those set forth in subsection (a) only if a system of end use verification is in effect to ensure that the computers involved will not be used for any function of any entity set forth in subsection (a).
Regulations.
The Secretary of Commerce may prescribe such rules and regulations as may be necessary to carry out this section.
prohibition on loans to the government of south africa
Sec. 305.
No national of the United States may make or approve any loan or other extension of credit, directly or indirectly, to the Government of South Africa or to any corporation, partnership or other organization which is owned or controlled by the Government of South Africa.
The prohibition contained in subsection (a) shall not apply to—
a loan or extension of credit for any education, housing, or humanitarian benefit which—
is available to all persons on a nondiscriminatory basis; or
is available in a geographic area accessible to all population groups without any legal or administrative restriction; or
a loan or extension of credit for which an agreement is entered into before the date of enactment of this Act.
prohibition on air transportation with south africa
Sec. 306.
President of U.S.
The President shall immediately notify the Government of South Africa of hls intention to suspend the rights of any air carrier designated by the Government of South Africa under the Agreement Between the Government of the United States of America and the Government of the Union of South Africa Relating to Air Services Between Their Respective Territories, signed May 23, 1947
, to service the routes provided in the Agreement.
President of U.S.
Ten days after the date of enactment of this Act, the President shall direct the Secretary of Transportation to revoke the right of any air carrier designated by the Government of South Africa under the Agreement to provide service pursuant to the Agreement.
President of U.S.
Ten days after the date of enactment of this Act, the President shall direct the Secretary of Transportation not to permit or otherwise designate any United States air carrier to provide service between the United States and South Africa pursuant to the Agreement.
The Secretary of State shall terminate the Agreement Between the Government of the United States of America and the Government of the Union of South Africa Relating to Air Services Between Their Respective Territories, signed May 23, 1947, in accordance with the provisions of that agreement.
Upon termination of such agreement, the Secretary of Transportation shall prohibit any aircraft of a foreign air carrier owned, directly or indirectly, by the Government of South Africa or by South African nationals from engaging in air transportation with respect to the United States.
The Secretary of Transportation shall prohibit the takeoff and
State and local governments.
landing in South Africa of any aircraft by an air carrier owned, directly or indirectly, or controlled by a national of the United States or by any corporation or other entity organized under the laws of the United States or of any State.
The Secretary of Transportation may provide for such exceptions
Safety.
from the prohibition contained in subsection (a) or (b) as the Secretary considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened.
For purposes of this section, the terms “aircraft”, “air transportation”, and “foreign air carrier” have the meanings given those terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301).
49 USC app. 1301.
prohibitions on nuclear trade with south africa
Sec. 307.
Notwithstanding any other provision of law
Exports.
Science and technology.
—
the Nuclear Regulatory Commission shall not issue any license for the export to South Africa of production or utilization facilities, any source or special nuclear material or sensitive nuclear technology, or any component parts, items, or substances which the Commission has determined, pursuant to section 109b. of the Atomic Energy Act, to be especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes;
the Secretary of Commerce shall not issue any license for the export to South Africa of any goods or technology which have been determined, pursuant to section 309(c) of the Nuclear
Non-Proliferation Act of 1978, to be of significance for nuclear explosive purposes for use in, or judged by the President to be likely to be diverted to, a South African production or utilization facility;
the Secretary of Energy shall not, under section 57b.(2) of the Atomic Energy Act, authorize any person to engage, directly
or indirectly, in the production of special nuclear material in South Africa; and
no goods, technology, source or special nuclear material, facilities, components, items, or substances referred to in clauses (1) through (3) shall be approved by the Nuclear Regulatory Commission or an executive branch agency for retransfer to South Africa,
unless the Secretary of State determines and certifies to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that the Government of South Africa is a party to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on July 1, 1968,
21 UST 483.
or otherwise maintains International Atomic Energy Agency safeguards on all its peaceful nuclear activities, as defined in the Nuclear Non-Proliferation Act of 1978.
Nothing in this section shall preclude—
any export, retransfer, or activity generally licensed or
Exports.
generally authorized by the Nuclear Regulatory Commission or the Department of Commerce or the Department of Energy; or
assistance for the purpose of developing or applying International
Research and development.
Health and medical care.
Safety.
Atomic Energy Agency or United States bilateral safeguards, for International Atomic Energy Agency programs generally available to its member states, for reducing the use of highly enriched uranium in research or test reactors, or for other technical programs for the purpose of reducing proliferation risks, such as programs to extend the life of reactor fuel and activities envisaged by section 223 of the Nuclear Waste Policy
Act of 1982 or which are necessary for humanitarian reasons to protect the public health and safety.
Exports.
Defense and national security.
President of U.S.
The prohibitions contained in subsection (a) shall not apply with respect to a particular export, retransfer, or activity, or a group of exports, retransfers, or activities, if the President determines that to apply the prohibitions would be seriously prejudicial to the achievement of United States nonproliferation objectives or would otherwise jeopardize the common defense and security of the United States and, if at least 60 days before the initial export, retransfer, or activity is carried out, the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report setting forth that determination, together with his reasons therefor.
government of south africa bank accounts
Sec. 308.
A United States depository institution may not accept, receive, or hold a deposit account from the Government of South Africa or from any agency or entity owned or controlled by the Government of South Africa except for such accoWtts which may be authorized by the President for diplomatic or consular purposes. For purposes of the preceding sentence, the term “depository institution” has the same meaning as in section 19(b)(1) of the Federal
Effective date.
Reserve Act.
The prohibition contained in subsection (a) shall take effect 45 days after the date of enactment of this Act.
prohibition on importation of uranium and coal from south africa
Sec. 309.
Notwithstanding any other provision of law, no—
uranium ore,
uranium oxide,
coal, or
textiles,
that is produced or manufactured in South Africa may be imported into the United States.
Effective date.
This section shall take effect 90 days after the date of enactment of this Act.
prohibition on new investment in south africa
Sec. 310.
No national of the United States may, directly or throqgh another person, make any new investment in South Africa.
Effective date.
The prohibition contained in subsection (a) shall take effect 45 daysafter the dateof enactment of this Act.
The prohibition contained in this section shall not apply to a firm owned by black South Africans.
termination of certain provisions
Sec. 311.
This title and sections 50l(c) and 504(b) shall terminate
if the Government of South Africa—
releases all persons persecuted for their political beliefs or
Nelson Mandela.
detained unduly without trial and Nelson Mandela from prison;
repeals the state of emergency in effect on the date of enactment of this Act and releases all detainees held under such state of emergency;
unbans democratic political parties and permits the free exercise by South Africans of all races of the right to form political parties, express political opinions, and otherwise participate in the political process;
repeals the Group Areas Act and the Population Registration Act and institutes no other measures with the same purposes; and
agrees to enter into good faith negotiations with truly representative members of the black majority without preconditions.
The President may suspend or modify any of the measures
President of U.S.
required by this title or section 501(c) or section 504(b) thirty days after he determines, and so reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that the Government of South Africa has—
taken the action described in paragraph (1) of subsection (a),
taken three of the four actions listed in paragraphs (2) through (5) of subsection (a), and
made substantial progress toward dismantling the system of apartheid and establishing a nonracial democracy,
unless the Congress enacts within such 30-day period, in accordance with section 602 of this Act, a joint resolution disapproving the determination of the President under this subsection.
It is the policy of the United States to support the negotiations
African National Congress.
Pan African Congress.
with the representatives of all communities as envisioned in this Act. If the South African Government agrees to enter into negotiations without preconditions, abandons unprovoked violence against its opponents, commits itself to a free and democratic post-apartheid South Africa under a code of law; and if nonetheless the African National Congress, the Pan African Congress, or their affiliates, or other organizations, refuse to participate; or if the African National Congress, the Pan African Congress or other organizations—
refuse to abandon unprovoked violence during such negotiations; and
refuse to commit themselves to a free and democratic post-apartheid South Africa under a code of law,
then the United States will support negotiations which do not include these organizations.
policy toward violence or terrorism
Sec. 312.
United States policy toward violence in South Africa
shall be designed to bring about an immediate end to such violence and to promote negotiations concluding with a removal of the system of apartheid and the establishment of a non-racial democracy in South Africa.
The United States shall work toward this goal by diplomatic and other measures designed to isolate those who promote terrorist attacks on unarmed civilians or those who provide assistance to individuals or groups promoting such activities.
The Congress declares that the abhorrent practice of “necklacing” and other equally inhumane acts which have been practices in South Africa by blacks against fellow blacks are an affront to all throughout the world who value the rights of individuals to live in an atmosphere free from fear of violent reprisals.
termination of tax treaty and protocol
Sec. 313.
The Secretary of State shall terminate immediately the following convention and protocol, in accordance with its terms, the Convention Between the Government of the United States of America and the Government of the Union of South Africa for the Avoidance of Double Taxation and for Establishing Rules of Reciprocal
3 UST 3821.
Administrative Assistance With Respect to Taxes on Income, done at Pretoria on December 13, 1946, and the protocol relating thereto.
prohibition on united states government procurement from south africa
Sec. 314.
Contracts.
On or after the date of enactment of this Act, no department, agency or any other entity of the United States Government may enter into a contract for the procurement of goods or services from parastatal organizations except for items necessary for diplomatic and consular purposes.
prohibition on the promotion of united states tourism in south africa
Sec. 315.
None of the funds appropriated or otherwise made available by any provision of law may be available to promote United States tourism in South Africa.
prohibition on united states government assistance to, investment in, or subsidy for trade with, south africa
Sec. 316.
None of the funds appropriated or otherwise made available by any provision of law may be available for any assistance to investment in, or any subsidy for trade with, South Africa, including but not limited to funding for trade missions in South Africa and for participation in exhibitions and trade fairs in South Africa.
prohibition on sale or export of items on munitions list
Sec. 317.
Except as provided in subsection (b), no item contained on the United States Munition List which is subject to the jurisdiction of the United States may be exported to South Africa.
Subsection (a) does not apply to any item which is not covered by the United Nations Security Council Resolution 418 of November 4, 1977, and which the President determines is exported solely for commercial purposes and not exported for use by the armed forces, police, or other security forces of South Africa or for other military use.
The President shall prepare and submit to Congress every six
President of U.S.
Reports.
months a report describing any license issued pursuant to subsection (b).
munitions list sales, notification
Sec. 318.
Notwithstanding any other provision of this Act, the
President of U.S.
Exports.
President shall:
notify the Congress of his intent to allow the export to South Africa any item which is on the United States Munition List and which is not covered by the United Nations Security Council Resolution 418 of November 4, 1977, and
certify that such item shall be used solely for commercial purposes and not exported for use by the armed forces, police, or other security forces of South Africa or for other military use.
The Congress shall have 30 calendar days of continuous session
Congress.
(computed as provided in section 906(b) of title 5, United States Code) to disapprove by joint resolution of any such sale.
prohibition on importation of south african agricultural products and food
Sec. 319.
Notwithstanding any other provision of law, no:
agricultural commodity, product, byproduct of derivitive
thereof,
article that is suitable for human consumption, that is a product of South Africa may be imported into the customs territory of the United States after the date of enactment of this Act.
prohibition on importation of iron and steel
Sec. 320.
Notwithstanding any other provision of law, no iron
or steel produced in South Africa may be imported into the United States.
prohibition on exports of crude oil and petroleum products
Sec. 321.
No crude oil or refined petroleum product which is
subject to the jurisdiction of the United States or which is exported by a person subject to the jurisdiction of the United States may be exported to South Africa.
Subsection (a) does not apply to any export pursuant to a contract entered into before the date of enactment of this Act.
prohibition on cooperation with the armed forces of south africa
Sec. 322.
No agency or entity of the United States may engage in
any form of cooperation, direct or indirect, with the armed forces of the Government of South Africa, except activities which are reasonably designed to facilitate the collection of necessary intelligence. Each such activity shall be considered a significant anticipated intelligence activity for purposes of section 501 of the National Security Act of 1947.
prohibitions on sugar imports
Sec. 328.
Notwithstanding any other provision of law, no
sugars, sirups, or molasses that are products of the Republic of South Africa may be imported into the United States after the date of enactment of this Act.
The aggregate quantity of sugars, sirups, and molasses that—
Philippines.
are products of the Philippines, and
may be imported into the United States (determined without regard to this paragraph) under any limitation imposed by law on the quantity of all sugars, sirups, and molasses that may be imported into the United States during any period of time occurring after the date of enactment of this Act,
shall be increased by the aggregate quantity of sugars, sirups, and molasses that are products of the Republic of South Africa which may have been imported into the United States under such limitation during such period if this section did not apply to such period.
Tariff Schedules of the U.S.
Philippines.
Paragraph (c)(i) of headnote 3 of subpart A of part 10 of schedule 1 of the Tariff Schedules of the United States is amended—
by striking out “13.6” in the item relating to the Philippines in the table and inserting in lieu thereof “15.8”, and
by striking out the item relating to the Republic of South Africa in the table.
Paragraph (c) of headnote 3 of subpart A of part 10 of schedule 1 of the Tariff Schedules of the United States is amended by adding at the end thereof the following new subparagraph:
“(iii) Notwithstanding any authority given to the United States Trade Representative under paragraphs (e) and (g) of this headnote—
“(A) Philippines.
the percentage allocation made to the Philippines under this paragraph may not be reduced, and
“(B) no allocation may be made to the Republic of South Africa,
in allocating any limitation imposed under any paragraph of this headnote on the quantity of sugars, sirups, and molasses described in items 155.20 and 155.30 which may be entered.”.
TITLE IV— MULTILATERAL MEASURES TO UNDERMINE APARTHEID
negotiating authority
Sec. 401.
International agreements.
It is the policy of the United States to seek international cooperative agreements with the other industrialized democracies to bring about the complete dismantling of apartheid. Sanctions imposed under such agreements should be both direct and official executive or legislative acts of governments. The net economic effect of such cooperative should be measurably greater than the net economic effect of the measures imposed by this Act.
Negotiations to reach international cooperative arrangements with the other industrialized democracies and other trading partners of South Africa on measures to bring about the complete dismantling of apartheid should begin promptly and should be concluded not later than 180 days from the enactment of this Act. During
President of U.S.
this period, the President or, at his direction, the Secretary of State should convene an international conference of the other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the complete dismantling of apartheid.
President of U.S.
Reports.
The President shall, not less than 180 days after the date of enactment of this Act, submit to the Congress a report containing—
a description of United States efforts to negotiate multilateral measures to bring about the complete dismantling of apartheid; and
a detailed description of economic and other measures adopted by the other industrialized countries to bring about the complete dismantling of apartheid, including an assessment of the stringency with which such measures are enforced by those countries.
If the President successfully concludes an international agreement described in subsection (b)(1), he may, after such agreement enters into force with respect to the United States, adjust, modify, or otherwise amend the measures imposed under any provision of sections 301 through 310 to conform with such agreement.
Each agreement submitted to the Congress under this subsection shall enter into force with respect to the United States if (and only if)—
the President, not less than 30 days before the day on
President of U.S.
Federal Register, publication.
which he enters into such agreement, notifies the House of Representatives and the Senate of his intention to enter into such an agreement, and promptly thereafter publishes notice of such intention in the Federal Register;
after entering into the agreement, the President transmits
President of U.S.
to the House of Representatives and to the Senate a document containing a copy of the final legal text of such agreement, together with—
a description of any administrative action proposed to implement such agreement and an explanation as to how the proposed administrative action would change or affect existing law, and
a statement of his reasons as to how the agreement serves the interest of United States foreign policy and as to why the proposed administrative action is required or appropriate to carry out the agreement; and
a joint resolution approving such agreement has been enacted within 30 days of transmittal of such document to the Congress.
It is the sense of the Congress that the President should
President of U.S.
instruct the Permanent Representative of the United States to the United Nations to propose that the United Nations Security Council, pursuant to Article 41 of the United Nations Charter, impose measures against South Africa of the same type as are imposed by this Act.
limitation on imports from other countries
Sec. 402.
The President is authorized to limit the importation into
President of U.S.
the United States of any product or service of a foreign country to the extent to which such foreign country benefits from, or otherwise takes commercial advantage of, any sanction or prohibition against any national of the United States imposed by or under this Act.
private right of action
Sec. 403.
Any national of the United States who is required by
Claims.
Securities.
this Act to terminate or curtail business activities in South Africa may bring a civil action for damages against any person, partnership, or corporation that takes commercial advantage or otherwise benefits from such termination or curtailment.
The action described in subsection (a) may only be brought, without respect to the amount in controversy, in the United States district court for the District of Columbia or the Court of International Trade. Damages which may be recovered include lost profits and the cost of bringing the action, including a reasonable attorney’s fee.
The injured party must show by a preponderance of the evidence that the damages have been the direct result of defendant’s action taken with the deliberate intent to injure the party.
TITLE V— FUTURE POLICY TOWARD SOUTH AFRICA
additional measures
Sec. 501.
It shall be the policy of the United States to impose additional measures against the Government of South Africa if substantial progress has not been made within twelve months of the date of enactment of this Act in ending the system of apartheid and establishing a nonracial democracy.
President of U.S.
Reports.
The President shall prepare and transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate within twelve months of the date of enactment of this Act, and every twelve months thereafter, a report on the extent to which significant progress has been made toward ending the system of apartheid, including—
an assessment of the extent to which the Government of South Africa has taken the steps set forth in section 101(b) of this Act;
an analysis of any other actions taken by the Government of South Africa in ending the system of apartheid and moving toward a nonracial democracy; and
the progress, or lack of progress, made in reaching a negotiated settlement to the conflict in South Africa.
President of U.S.
Reports.
Imports.
If the President determines that significant progress has not been made by the Government of South Africa in ending the system of apartheid and establishing a nonracial democracy, the President shall include in the report required by subsection (b) a recommendation on which of the following additional measures should be imposed:
a prohibition on the importation of steel from South Africa;
Arms and munitions.
a prohibition on military assistance to those countries that the report required by section 508 identifies as continuing to circumvent the international embargo on arms and military technology to South Africa;
a prohibition on the importation of food, agricultural products, diamonds, and textiles from South Africa;
Banks and banking.
a prohibition on United States banks accepting, receiving, or holding deposit accounts from South African nationals; and
a prohibition on the importation into the United States of strategic minerals from South Africa.
A joint resolution which would enact part or all of the measures recommended by the President pursuant to subsection (c) shall be considered in accordance with the provisions of section 602 of this Act.
lifting of prohibitions
Sec. 502.
Notwithstanding any other provision of this Act, the
President of U.S.
Reports.
Imports.
President may lift any prohibition contained in this Act imposed against South Africa if the President determines, after six months from the date of the imposition of such prohibition, and so reports to Congress, that such prohibition would increase United States dependence upon any member country or observer country of the Council for Mutual Economic Assistance (C.M.E.A.) for the importation of coal or any strategic and critical material by an amount which exceeds by weight the average amounts of such imports from such country during the period 1981 through 1985.
Not later than 30 days after the date of enactment of this
Reports.
Act, the Secretary of Commerce shall prepare and transmit to the Congress a report setting forth for each country described in subsection (a)—
the average amount of such imports from such country during the period of 1981 through 1985; and
the current amount of such imports from such country entering the United States.
Thirty days after transmittal of the report required by paragraph
President of U.S.
(1) and every thirty days thereafter, the President shall prepare and transmit the information described in paragraph (1)(B).
study of health conditions in the “homelands” areas of south africa
Sec. 503.
The Secretary of State shall conduct a study to examine
Reports.
the state of health conditions and to determine the extent of starvation and malnutrition now prevalent in the “homelands” areas of South Africa and shall, not later than December 1, 1986, prepare and transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report setting forth the results of such study.
report on south african imports
Sec. 504.
Not later than 90 days after the date of enactment of
President of U.S.
this Act, the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on the extent to which the United States is dependent on the importation from South Africa of—
chromium,
cobalt,
manganese,
platinum group metals,
ferroalloys, and
other strategic and critical materials (within the meaning of the Strategic and Critical Materials Stock Piling Act).
The President shall develop a program which reduces the
President of U.S.
dependence, if any, of the United States on the importation from South Africa of the materials identified in the report submitted under subsection (a).
study and report on the economy of southern africa
Sec. 505.
The President shall conduct a study on the role of
President of U.S.
Commerce and trade.
Securities.
Transportation.
American assistance in southern Africa to determine what needs to be done, and what can be done to expand the trade, private investment, and transport prospects of southern Africa’s landlocked nations.
President of U.S.
Reports.
Not later than 180 days after the date of enactment of this Act, the President shall prepare and transmit to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report setting forth the findings of the study conducted under subsection (a).
report on relations between other industrialized democracies and south africa
Sec. 506.
President of U.S.
Not later than 180 days after the date of enactment of this Act, the President shall prepare and transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report containing a detailed assessment of the economic and other relationships of other industrialized democracies with South Africa. Such report shall be transmitted without regard to whether or not the President successfully concluded an international agreement under section 401.
For purposes of this section, the phrase “economic and other relationships” includes the same types of matters as are described in sections 201, 202, 204, 205, 206, 207, sections 301 through 307, and sections 309 and 310 of this Act.
study and report on deposit accounts of south african nationals in united states banks
Sec. 507.
The Secretary of the Treasury shall conduct a study on the feasibility of prohibiting each depository institution from accepting, receiving, or holding a deposit account from any South African national.
For purposes of paragraph (1), the term “depository institution” has the same meaning as in section 19(b)(1) of the Federal Reserve
Act.
Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report detailing the findings of the study required by subsection (a).
study and report on the violation of the international embargo on sale and export of military articles to south africa
Sec. 508.
President of U.S.
The President shall conduct a study on the extent to which the international embargo on the sale and exports of arms and military technology to South Africa is being violated.
Not later than 179 days after thedate of enactment of this Act, the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report setting forth the findings of the study required by subsection (a), including an identification of those countries engaged in such sale or export, with a view to terminating United States military assistance to those countries.
report on communist activities in south africa
Sec. 509.
Not later than 90 days after the date of enactment of
President of U.S.
Public information.
this Act, the President shall prepare and transmit to the Speaker of the House of Representativesand the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate an unclassified version of a report, prepared with the assistance of the Director of the Central Intelligence Agency, the Director of the Defense Intelligence Agency, the National Security Advisor, and other relevant United States Government officials in the intelligence community, which shall set forth the activities of the Communist Party in South Africa, the extent to which Communists have infiltrated the many black and nonwhite South African organizations engaged in the fight against the apartheid system, and the extent to which any such Communist infiltration or influence sets the policies and goals of the organizations with which they are involved.
At the same time the unclassified report in subsection (a) is
Classified information.
transmitted as set forth in that subsection, a classified version of the same report shall be transmitted to the chairmen of the Select Committee on Intelligence of the Senate and of the Permanent Select Committee on Intelligence of the House of Representatives.
prohibition on the importation of soviet gold coins
Sec. 510.
No person, including a bank, may import into the
Banks and banking.
United States any gold coin minted in the Union of Soviet Socialist Republics or offered for sale by the Government of the Union of Soviet Socialist Republics.
For purposes of this section, the term “United States” includes the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
Any individual who violates this section or any regulations
Law enforcement and crime.
issued to carry out this section shall be fined not more than five times the value of the rubles involved.
economic support for disadvantaged south africans
Sec. 511.
Chapter 4 of part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“SEC. 535. Economic Support for Disadvantaged South Africans.—
(a) (1) Commerce and trade.
Education.
Community development.
Up to $40,000,000 of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1987 and each fiscal year thereafter shall be available for assistance for disadvantaged South Africans. Assistance under this section shall be provided for activities that are consistent with the objective of a majority of South Africans for an end to the apartheid system and the establishment of a society based on non-racial principles. Such activities may include scholarships, assistance to promote the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs.
“(2) Up to $3,000,000 of the amounts provided in each fiscal year pursuant to subsection (a) shall be available for training programs for South Africa’s trade unionists.
“(b) Assistance provided pursuant to the section shall be made available notwithstanding any other provision of law and shall not be used to provide support to organizations or groups which are financed
Education.
or controlled by the Government of South Africa. Nothing in this subsection may be construed to prohibit programs which are consistent with subsection (a) and which award scholarships to students who choose to attend South African-supported institutions.”.
Reports.
Not later than 90 days after the date of enactment of this Act, the Secretary of State shall prepare and transmit to the Congress a report describing the strategy of the President during the five-year period beginning on such date regarding the assistance of black Africans pursuant to section 535 of the Foreign Assistance Act of 1961
Ante, p. 1111.
and describing the programs and projects to be funded under such section.
report on the african national congress
Sec. 512.
Not later than 180 days after the date of enactment of this Act, the Attorney General shall prepare and transmit to the Congress a report on actual and alleged violations of the Foreign Agents
Registration Act of 1938, and the status of any investigation pertaining thereto, by representatives of governments or opposition movements in Subsaharan Africa, including, but not limited to, members or representativesof the African National Congress.
For purposes of conducting any investigations necessary in order to provide a full and complete report, the Attorney General shall have full authority to utilize civil investigative demand procedures, including but not limited to the issuance of civil subpenas.
TITLE VI— ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
regulatory authority
Sec. 601.
President of U.S.
Regulations.
The President shall issue such rules, regulations, licenses, and orders as are necessary to carry out the provisions of this Act, including taking such steps as may be necessary to continue in effect the measures imposed by Executive Order 12532 of September 9, 1985, and Executive Order 12535 of October 1, 1985, and by any rule, regulation, license, or order issued thereunder (to the extent such measures are not inconsistent with this Act).
congressional priority procedures
Sec. 602.
The provisions of this subsection apply to the consideration in the House of Representatives of a joint resolution under sections 311(b), 40l(d), and 50l(d).
A joint resolution shall, upon introduction, be referred to the Committee on Foreign Affairs of the House of Representatives.
At any time after the joint resolution placed on the appropriate calendar has been on that calendar for a period of 5 legislative days, it is in order for any Member of the House (after consultation with the Speaker as to the most appropriate time for the consideration of that joint resolution) to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of that joint resolution. The motion is highly privileged and is in order even though a previous motion to the same effect has been disagreed to. All points of order against the joint resolution under clauses 2 and 6 of Rule XXI of the Rules of the House are waived. If the motion is agreed to, the resolution shall remain the unfinished business of the House until disposed of. A motion to reconsider the vote by which the motion is disagreed to shall nothe in order.
Debate on the joint resolution shall not exceed ten hours, which shall be divided equally between a Member favoring and a Member opposing the joint resolution. A motion to limit debate is in order at any time in the House or in the Committee of the Whole and is not debatable.
An amendment to the joint resolution is not in order.
At the conclusion of the debate on the joint resolution, the Committee of the Whole shall rise and report the joint resolution back to the House, and the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion.
The provisions of this subsection apply to the consideration in the Senate of a joint resolution under section 311(b), 401(d), or 501(d).
A joint resolution shall, upon introduction, be referred to the Committee on Foreign Relations of the Senate.
A joint resolution described in this section shall be considered in the Senate in accordance with procedures contained in paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98–473),
except that—
references in such paragraphs to the Committee on Appropriations of the Senate shall be deemed to be references to the Committee on Foreign Relations of the Senate; and
amendments to the joint resolution are in order.
For purposes of this subsection, the term “joint resolution” means only—
in the case of section 311(b), a joint resolution which is introduced in a House of Congress within 3 legislative days after the Congress receives the report described in section 311(b) and for which the matter after the resolving clause reads as follows: “That the Congress, having received on the report of the President containing the determination required by section 311(b) of the Comprehensive Anti-Apartheid Act of 1986, disapproves of such determination.”,with the date of the receipt of the report inserted in the blank;
in the case of section 401(d)(3), a joint resolution which is introduced in a House of Congress within 3 legislative days after the Congress receives the document described in section 401(d)(2) and for which the matter after the resolving clause reads as follows: “That the Congress, having received on the text of the international agreement described in section 401(d)(8) of the Comprehensive Anti-Apartheid Act of 1986, approves of such agreement.”, with the date of the receipt of the text of the agreement inserted in the blank; and
in the case of section 50l(d), a joint resolution which is introduced in a House of Congress within 3 legislative days after the Congress receives the determination of the President pursuant to section 501(c) and for which the matter after the resolving clause reads as follows: “That the Congress, having received on a determination of the President under section 501(c) of the Comprehensive Anti-Apartheid Act of 1986, approves the President’s determination.”, with the date of the receipt of the determination inserted in the blank.
As used in this section, the term “legislative day” means a day on which the House of Representativesor the Senate is in session, as the case may be.
This section is enacted—
as an exercise of the rulemaking powers of the House of Representatives and the Senate, and as such it is deemed a part of the Rules of the House and the Rules of the Senate, respectively, but applicable only with respect to the procedure to be followed in the House and the Senate in the case of joint resolutions under this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
with full recognition of the constitutional right of the House and the Senate to change their rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House or Senate, and of the right of the Committee on Rules of the House of Representatives to report a resolution for the consideration of any measure.
enforcement and penalties
Sec. 603.
President of U.S.
The President with respect to his authorities under section 601 shall take the necessary steps to ensure compliance with the provisions of this Act and any regulations, licenses, and orders issued to carry out this Act, including establishing mechanisms to monitor compliance with this Act and such regulations, licenses, and orders.
Records.
In ensuring such compliance, the President may—
Reports.
require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction described in this Act either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which a foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of this Act; and
conduct investigations, hold hearings, administer oaths, examine witnesses, receive evidence, take depositions, and require by subpena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation.
Except as provided in subsection (d)—
any person that violates the provisions of this Act, or any regulation, license, or order issued to carry out this Act shall be subject to a civil penalty of $50,000;
any person, other than an individual, that willfully violates the provisions of this Act, or any regulation, license, or order issued to carry out this Act shall be fined not more than $1,000,000;
any individual who willfully violates the provisions of this Act or any regulation, license, or order issued to carry out this Act shall be fined not more than $50,000, or imprisoned not more than 10 years, or both; and
any individual who violates section 301(a) or any regulations issued to carry out that section shall, instead of the penalty set forth in paragraph (2), be fined not more than 5 times the value of the krugerrands or gold coins involved.
Whenever a person commits a violation under subsection (b)—
any officer, director, or employee of such person, or any natural person in control of such person who knowingly and willfully ordered, authorized, acquiesced in, or carried out the act or practice constituting the violation, and
any agent of such person who knowingly and willfully carried out such act or practice,
shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.
Paragraph (1) shall not apply in the case of a violation by an individual of section 301(a) of this Act or of any regulation issued to carry out that section.
A fine imposed under paragraph (1) on an individual for an act or practice constituting a violation may not be paid, directly or indirectly, by the person committing the violation itself.
Any person who violates any regulation issued under section
Reports.
208(d) or who, in a registration statement or report required by the Secretary of State, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall be subject to a civil penalty of not more than $10,000 imposed by the Secretary of State. The provisions of subsections (d), (e), and (f) of section 11 of the Export Administration Act of 1979 shall apply with
50 USC app. 2410.
respect to any such civil penalty.
Any person who commits a willful violation under paragraph (1) shall upon conviction be fined not more than $1,000,000 or imprisoned not more than 2 years, or both.
Nothing in this section may be construed to authorize the imposition of any penalty for failure to implement the Code of Conduct.
Ante, p. 1097.
applicability to evasions of act
Sec. 604.
This Act and the regulations issued to carry out this Act
shall apply to any person who undertakes or causes to be undertaken any transaction or activity with the intent to evade this Act or such regulations.
construction of act
Sec. 605.
Nothing in this Act shall be construed as constituting
any recognition by the United States of the homelands referred to in this Act.
state or local anti-apartheid laws, enforce
Sec. 606.
Notwithstanding section 210 of Public Law 99–349 or any
Ante, p. 749.
other provision of law—
no reduction in the amount of funds for which a State or local government is eligible or entitled under any Federal law may be made, and
Contracts.
no other penalty may be imposed by the Federal Government,
by reason of the application of any State or local law concerning apartheid to any contract entered into by a State or local government for 90 days after the date of enactment of this Act.
Thomas S. Foley Speaker pro tempore. Strom Thurmond President of the Senate pro tempore. in the house of representatives, u.s., September 29, 1986. The House of Representatives having proceeded to reconsider the bill (H.R. 4868) entitled “An Act to prohibit loans to, other investments in, and certain other activities with respect to, South Africa, and for other purposes”, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Benjamin J. Guthrie Clerk. I certify that this Act originated in the House of Representatives. Benjamin J. Guthrie Clerk. in the senate of the united states, October 2 (legislative day, September 24), 1986. The Senate having proceeded to reconsider the bill (H.R. 4868) entitled “An Act to prohibit loans to, other investments in, and certain other activities with respect to, South Africa, and for other purposes”, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Jo-Anne L. Coe Secretary.