
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC5001]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                   CHAPTER 60--ANTI-APARTHEID PROGRAM
 
Sec. 5001. Repealed. Pub. L. 103-149, Sec. 4(a)(2), Nov. 23, 
        1993, 107 Stat. 1505
        
    Section, Pub. L. 99-440, Sec. 3, Oct. 2, 1986, 100 Stat. 1087; Pub. 
L. 99-631, Sec. 1(a)(2), Nov. 7, 1986, 100 Stat. 3515; Pub. L. 103-149, 
Sec. 4(a)(3)(A), Nov. 23, 1993, 107 Stat. 1505, defined terms for 
purposes of this chapter.


                        Effective Date of Repeal

    Repeal effective June 8, 1994, date on which President certified to 
Congress that interim government, elected on nonracial basis through 
free and fair elections, had taken office in South Africa, see section 
4(a)(2) of Pub. L. 103-149, set out in a Repeal of Chapter; South 
African Democratic Transition Support note below.


                               Short Title

    Section 1 of Pub. L. 99-440 provided that Pub. L. 99-440, which 
enacted this chapter and sections 2151o and 2346d of this title, amended 
sections 2151c and 2151n of this title and section 635 of Title 12, 
Banks and Banking, and enacted provisions set out as a note under 
section 2346d of this title, could be cited as the ``Comprehensive Anti-
Apartheid Act of 1986'', prior to repeal by Pub. L. 103-149, 
Sec. 4(a)(2), Nov. 23, 1993, 107 Stat. 1505.


     Repeal of Chapter; South African Democratic Transition Support

    Pub. L. 103-149, Nov. 23, 1993, 107 Stat. 1503, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `South African Democratic Transition 
Support Act of 1993'.
``SEC. 2. FINDINGS.
    ``The Congress makes the following findings:
        ``(1) After decades of apartheid, South Africa has entered a new 
    era which presents a historic opportunity for a transition to a 
    peaceful, stable, and democratic future.
        ``(2) The United States policy of economic sanctions toward the 
    apartheid government of South Africa, as expressed in the 
    Comprehensive Anti-Apartheid Act of 1986 [22 U.S.C. 5001 et seq.], 
    helped bring about reforms in that system of government and has 
    facilitated the establishment of a nonracial government.
        ``(3) Through broad and open negotiations, the parties in South 
    Africa have reached a landmark agreement on the future of their 
    country. This agreement includes the establishment of a Transitional 
    Executive Council and the setting of a date for nonracial elections.
        ``(4) The international community has a vital interest in 
    supporting the transition from apartheid toward nonracial democracy.
        ``(5) The success of the transition in South Africa is crucial 
    to the stability and economic development of the southern African 
    region.
        ``(6) Nelson Mandela of the African National Congress and other 
    representative leaders in South Africa have declared that the time 
    has come when the international community should lift all economic 
    sanctions against South Africa.
        ``(7) In light of recent developments, the continuation of these 
    economic sanctions is detrimental to persons disadvantaged by 
    apartheid.
        ``(8) Those calling for the lifting of economic sanctions 
    against South Africa have made clear that they do not seek the 
    immediate termination of the United Nations-sponsored special 
    sanctions relating to arms transfers, nuclear cooperation, and 
    exports of oil. The Ad Hoc Committee on Southern Africa of the 
    Organization of African Unity, for example, has urged that the oil 
    embargo established pursuant to a 1986 General Assembly resolution 
    be lifted after the establishment and commencement of the work of 
    the Transitional Executive Council.
``SEC. 3. UNITED STATES POLICY.
    ``It is the sense of the Congress that--
        ``(1) the United States should--
            ``(A) strongly support the Transitional Executive Council in 
        South Africa,
            ``(B) encourage rapid progress toward the establishment of a 
        nonracial democratic government in South Africa, and
            ``(C) support a consolidation of democracy in South Africa 
        through democratic elections for an interim government and a new 
        nonracial constitution;
        ``(2) the United States should continue to provide assistance to 
    support the transition to a nonracial democracy in South Africa, and 
    should urge international financial institutions and other donors to 
    also provide such assistance;
        ``(3) to the maximum extent practicable, the United States 
    should consult closely with international financial institutions, 
    other donors, and South African entities on a coordinated strategy 
    to support the transition to a nonracial democracy in South Africa;
        ``(4) in order to provide ownership and managerial 
    opportunities, professional advancement, training, and employment 
    for disadvantaged South Africans and to respond to the historical 
    inequities created under apartheid, the United States should--
            ``(A) promote the expansion of private enterprise and free 
        markets in South Africa,
            ``(B) encourage the South African private sector to take a 
        special responsibility and interest in providing such 
        opportunities, advancement, training, and employment for 
        disadvantaged South Africans,
            ``(C) encourage United States private sector investment in 
        and trade with South Africa,
            ``(D) urge United States investors to develop a working 
        partnership with representative organs of South African civil 
        society, particularly churches and trade unions, in promoting 
        responsible codes of corporate conduct and other measures to 
        address the historical inequities created under apartheid;
        ``(5) the United States should urge the Government of South 
    Africa to liberalize its trade and investment policies to facilitate 
    the expansion of the economy, and to shift resources to meet the 
    needs of disadvantaged South Africans;
        ``(6) the United States should promote cooperation between South 
    Africa and other countries in the region to foster regional 
    stability and economic growth; and
        ``(7) the United States should demonstrate its support for an 
    expedited transition to, and should adopt a long term policy 
    beneficial to the establishment and perpetuation of, a nonracial 
    democracy in South Africa.
``SEC. 4. REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER MEASURES DIRECTED 
        AT SOUTH AFRICA.
    ``(a) Comprehensive Anti-Apartheid Act.--
        ``(1) In general.--All provisions of the Comprehensive Anti-
    Apartheid Act of 1986 (22 U.S.C. 5001 and following) are repealed as 
    of the date of enactment of this Act [Nov. 23, 1993], except for the 
    sections specified in paragraph (2).
        ``(2) Effective date of repeal of code of conduct 
    requirements.--Sections 1, 3, 203(a), 203(b), 205, 207, 208, 601, 
    603, and 604 of the Comprehensive Anti-Apartheid Act of 1986 [22 
    U.S.C. 5001 note, 5001, 5031(a), (b), 5032, 5034, 5035, 5111, 5113, 
    5114] are repealed as of the date on which the President certifies 
    to the Congress that an interim government, elected on a nonracial 
    basis through free and fair elections, has taken office in South 
    Africa. [A Presidential message to Congress dated June 8, 1994, set 
    out in 30 Weekly Compilation of Presidential Documents 1258, June 
    13, 1994, certified that interim government, elected on nonracial 
    basis through free and fair elections, had taken office in South 
    Africa.]
        ``(3) Conforming amendments.--(A) Section 3 of the Comprehensive 
    Anti-Apartheid Act of 1986 [22 U.S.C. 5001] is amended by striking 
    paragraphs (2) through (4) and paragraphs (7) through (9), by 
    inserting `and' at the end of paragraph (5), and by striking `; and' 
    at the end of paragraph (6) and inserting a period.
        ``(B) The following provisions of the Foreign Assistance Act of 
    1961 that were enacted by the Comprehensive Anti-Apartheid Act of 
    1986 are repealed: subsections (e)(2), (f), and (g) of section 116 
    (22 U.S.C. 2151n); section 117 (22 U.S.C. 2151o), relating to 
    assistance for disadvantaged South Africans; and section 535 (22 
    U.S.C. 2346d). Section 116(e)(1) of the Foreign Assistance Act of 
    1961 is amended by striking `(1)'.
    ``(b) Other Provisions.--The following provisions are repealed or 
amended as follows:
        ``(1) Subsections (c) and (d) of section 802 of the 
    International Security and Development Cooperation Act of 1985 (99 
    Stat. 261) is repealed.
        ``(2) Section 211 of the Foreign Relations Authorization Act, 
    Fiscal Years 1986 and 1987 (99 Stat. 432) is repealed, and section 
    1(b) of that Act is amended by striking the item in the table of 
    contents relating to section 211.
        ``(3) Sections 1223 and 1224 of the Foreign Relations 
    Authorization Act, Fiscal Years 1988 and 1989 (101 Stat. 1415) is 
    repealed, and section 1(b) of that Act is amended by striking the 
    items in the table of contents relating to sections 1223 and 1224.
        ``(4) Section 362 of the Foreign Relations Authorization Act, 
    Fiscal Years 1992 and 1993 (105 Stat. 716) is repealed, and section 
    2 of that Act is amended by striking the item in the table of 
    contents relating to section 362.
        ``(5) Section 2(b)(9) of the Export-Import Bank Act of 1945 (12 
    U.S.C. 635(b)(9)) is repealed.
        ``(6) Section 43 of the Bretton Woods Agreements Act (22 U.S.C. 
    286aa) is amended by repealing subsection (b) and by striking `(a)'.
        ``(7) Section 330 of H.R. 5205 of the 99th Congress (Department 
    of Transportation and Related Agencies Appropriations Act, 1987) (22 
    U.S.C. 5056a) as incorporated by reference in section 101(l) of 
    Public Law 99-500 and Public Law 99-591, and made effective as if 
    enacted into law by section 106 of Public Law 100-202, is repealed.
        ``(8)(A) Section 901(j)(2)(C) of the Internal Revenue Code of 
    1986 (26 U.S.C. 901(j)(2)(C)) is repealed.
        ``(B) Subparagraph (A) shall not be construed as affecting any 
    of the transitional rules contained in Revenue Ruling 92-62 which 
    apply by reason of the termination of the period for which section 
    901(j) of the Internal Revenue Code of 1986 was applicable to South 
    Africa.
        ``(9) The table in section 502(b) of the Trade Act of 1974 (19 
    U.S.C. 2462(b)) is amended by striking `Republic of South Africa'.
    ``(c) Sanctions Measures Adopted by State or Local Governments or 
Private Entities.--
        ``(1) Policy regarding rescission.--The Congress urges all State 
    or local governments and all private entities in the United States 
    that have adopted any restriction on economic interactions with 
    South Africa, or any policy discouraging such interaction, to 
    rescind such restriction or policy.
        ``(2) Repeal of provisions relating to withholding federal 
    funds.--Effective October 1, 1995, the following provisions are 
    repealed:
            ``(A) The undesignated paragraph entitled `state and local 
        anti-apartheid policies' in chapter IX of the Dire Emergency 
        Supplemental Appropriations and Transfers, Urgent Supplementals, 
        and Correcting Enrollment Errors Act of 1989 (22 U.S.C. 5117).
            ``(B) Section 210 of the Urgent Supplemental Appropriations 
        Act, 1986 (100 Stat. 749).
    ``(d) Continuation of UN Special Sanctions.--It is the sense of the 
Congress that the United States should continue to respect United 
Nations Security Council resolutions on South Africa, including the 
resolution providing for a mandatory embargo on arms sales to South 
Africa and the resolutions relating to the import of arms, restricting 
exports to the South African military and police, and urging states to 
refrain from nuclear cooperation that would contribute to the 
manufacture and development by South Africa of nuclear weapons or 
nuclear devices.
``SEC. 5. UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL 
        DEMOCRACY.
    ``(a) In General.--The President is authorized and encouraged to 
provide assistance under chapter 10 of part I of the Foreign Assistance 
Act of 1961 [22 U.S.C. 2293 et seq.] (relating to the Development Fund 
for Africa) or chapter 4 of part II of that Act [22 U.S.C. 2346 et seq.] 
(relating to the Economic Support Fund) to support the transition to 
nonracial democracy in South Africa. Such assistance shall--
        ``(1) focus on building the capacity of disadvantaged South 
    Africans to take their rightful place in the political, social, and 
    economic systems of their country;
        ``(2) give priority to working with and through South African 
    nongovernmental organizations whose leadership and staff represent 
    the majority population and which have the support of the 
    disadvantaged communities being served by such organizations;
        ``(3) in the case of education programs--
            ``(A) be used to increase the capacity of South African 
        institutions to better serve the needs of individuals 
        disadvantaged by apartheid;
            ``(B) emphasize education within South Africa to the extent 
        that assistance takes the form of scholarships for disadvantaged 
        South African students; and
            ``(C) fund nontraditional training activities;
        ``(4) support activities to prepare South Africa for elections, 
    including voter and civic education programs, political party 
    building, and technical electoral assistance;
        ``(5) support activities and entities, such as the Peace Accord 
    structures, which are working to end the violence in South Africa; 
    and
        ``(6) support activities to promote human rights, 
    democratization, and a civil society.
    ``(b) Government of South Africa.--
        ``(1) Limitation on assistance.--Except as provided in paragraph 
    (2), assistance provided in accordance with this section may not be 
    made available to the Government of South Africa, or organizations 
    financed and substantially controlled by that government, unless the 
    President certifies to the Congress that an interim government that 
    was elected on a nonracial basis through free and fair elections has 
    taken office in South Africa.
        ``(2) Exceptions.--Notwithstanding paragraph (1), assistance may 
    be provided for--
            ``(A) the Transitional Executive Council;
            ``(B) South African higher education institutions, 
        particularly those traditionally disadvantaged by apartheid 
        policies; and
            ``(C) any other organization, entity, or activity if the 
        President determines that the assistance would promote the 
        transition to nonracial democracy in South Africa.
    Any determination under subparagraph (C) should be based on 
    consultations with South African individuals and organizations 
    representative of the majority population in South Africa 
    (particularly consultations through the Transitional Executive 
    Council) and consultations with the appropriate congressional 
    committees.
    ``(c) Ineligible Organizations.--
        ``(1) Acts of violence.--An organization that has engaged in 
    armed struggle or other acts of violence shall not be eligible for 
    assistance provided in accordance with this section unless that 
    organization is committed to a suspension of violence in the context 
    of progress toward nonracial democracy.
        ``(2) Views inconsistent with democracy and free enterprise.--
    Assistance provided in accordance with this section may not be made 
    available to any organization that has espoused views inconsistent 
    with democracy and free enterprise unless such organization is 
    engaged actively and positively in the process of transition to a 
    nonracial democracy and such assistance would advance the United 
    States objective of promoting democracy and free enterprise in South 
    Africa.
``SEC. 6. UNITED STATES INVESTMENT AND TRADE.
    ``(a) Tax Treaty.--The President should begin immediately to 
negotiate a tax treaty with South Africa to facilitate United States 
investment in that country.
    ``(b) OPIC.--The President should immediately initiate negotiations 
with the Government of South Africa for an agreement authorizing the 
Overseas Private Investment Corporation to carry out programs with 
respect to South Africa in order to expand United States investment in 
that country.
    ``(c) Trade and Development Agency.--In carrying out section 661 of 
the Foreign Assistance Act of 1961 [22 U.S.C. 2421], the Director of the 
Trade and Development Agency should provide additional funds for 
activities related to projects in South Africa.
    ``(d) Export-Import Bank.--The Export-Import Bank of the United 
States should expand its activities in connection with exports to South 
Africa.
    ``(e) Promoting Disadvantaged Enterprises.--
        ``(1) Investment and trade programs.--Each of the agencies 
    referred to in subsections (b) through (d) should take active steps 
    to encourage the use of its programs to promote business enterprises 
    in South Africa that are majority-owned by South Africans 
    disadvantaged by apartheid.
        ``(2) United states government procurement.--To the extent not 
    inconsistent with the obligations of the United States under any 
    international agreement, the Secretary of State and the head of any 
    other 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, 
    notwithstanding any law relating to the making or performance of, or 
    the expenditure of funds for, United States Government contracts.
``SEC. 7. INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS.
    ``The Director of the United States Information Agency should use 
the authorities of the United States Information and Educational 
Exchange Act of 1948 [22 U.S.C. 1431 et seq.] to promote the development 
of a nonracial democracy in South Africa.
``SEC. 8. OTHER COOPERATIVE AGREEMENTS.
    ``In addition to the actions specified in the preceding sections of 
this Act, the President should seek to conclude cooperative agreements 
with South Africa on a range of issues, including cultural and 
scientific issues.
``SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER DONORS.
    ``(a) In General.--The President should encourage other donors, 
particularly Japan and the European Community countries, to expand their 
activities in support of the transition to nonracial democracy in South 
Africa.
    ``(b) International Financial Institutions.--The Secretary of the 
Treasury should instruct the United States Executive Director of each 
relevant international financial institution, including the 
International Bank for Reconstruction and Development and the 
International Development Association, to urge that institution to 
initiate or expand its lending and other financial assistance activities 
to South Africa in order to support the transition to nonracial 
democracy in South Africa.
    ``(c) Technical Assistance.--The Secretary of the Treasury should 
instruct the United States Executive Director of each relevant 
international financial institution to urge that institution to fund 
programs to initiate or expand technical assistance to South Africa for 
the purpose of training the people of South Africa in government 
management techniques.
``SEC. 10. CONSULTATION WITH SOUTH AFRICANS.
    ``In carrying out this Act, the President should consult closely 
with South African individuals and organizations representative of the 
majority population in South Africa (particularly consultations through 
the Transitional Executive Council) and others committed to abolishing 
the remnants of apartheid.''
    [For abolition of United States Information Agency (other than 
Broadcasting Board of Governors and International Broadcasting Bureau), 
transfer of functions, and treatment of references thereto, see sections 
6531, 6532, and 6551 of this title.]


                Non-Federal Restrictions and Regulations

    House Resolution 549, Ninety-ninth Congress, Sept. 12, 1986, 
provided: ``That in passing the bill, H.R. 4868, as amended by the 
Senate [enacted into law as Pub. L. 99-440], it is not the intent of the 
House of Representatives that the bill limit, preempt, or affect, in any 
fashion, the authority of any State or local government or the District 
of Columbia or of any Commonwealth, territory, or possession of the 
United States or political subdivision thereof to restrict or otherwise 
regulate any financial or commercial activity respecting South Africa.''
