§ 5001. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 Repealed.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.''
