§5001. Repealed.
Pub. L. 103–149, §4(a)(2), Nov. 23, 1993, 107 Stat. 1505
Section,
Statutory Notes and Related Subsidiaries
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
Short Title
Repeal of Chapter; South African Democratic Transition Support
"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)
"(1)
"(2)
"(3)
"(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)
"(1) Subsections (c) and (d) of section 802 of the International Security and Development Cooperation Act of 1985 (
"(2) Section 211 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (
"(3) Sections 1223 and 1224 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (
"(4) Section 362 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (
"(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
"(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)
"(1)
"(2)
"(A) The undesignated paragraph entitled '
"(B) Section 210 of the Urgent Supplemental Appropriations Act, 1986 (
"(d)
"SEC. 5. UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL DEMOCRACY.
"(a)
"(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)
"(1)
"(2)
"(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)
"(1)
"(2)
"SEC. 6. UNITED STATES INVESTMENT AND TRADE.
"(a)
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"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)
"(b)
"(c)
"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