I 

110TH CONGRESS 

2D SESSION H. R. 5690 

To exempt the African National Congress from treatment as a terrorist 

organization for certain acts or events, provide relief for certain members 

of the African National Congress regarding admissibility, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2008 

Mr. BERMAN (for himself, Mr. THOMPSON of Mississippi, Mr. PAYNE, and Ms. 

LEE) introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Foreign Affairs, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To exempt the African National Congress from treatment 

as a terrorist organization for certain acts or events, 

provide relief for certain members of the African National Congress regarding admissibility, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 


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1 (1) Present-day South Africa was colonized by 

2 English and Dutch settlers beginning in the 17th 

3 century. In 1909, the English and Dutch formed the 

4 Union of South Africa, a settler government that 

5 marginalized the African population and imposed 

6 harsh taxes on every nonwhite person, forcing non7 whites into a cruel wage-labor system that under8 mined the cohesion of their societies. 

9 (2) The African National Congress (ANC) was 

10 created in 1912 to advocate for the rights of black 

11 South Africans. 

12 (3) In 1948, the Afrikaner Nationalist Party 

13 took control of the government and imposed the 

14 apartheid system, a harsh system of racial segrega15 tion, white economic privilege, and total disenfran16 chisement of non-white African inhabitants. 

17 (4) The ANC joined with other groups and en18 gaged in mass civil disobedience against apartheid in 

19 the 1940s and 1950s. 

20 (5) The ANC was banned in 1960 by the South 

21 African Government, and the ANC leadership was 

22 forced to go underground or into exile. 

23 (6) In 1964, Nelson Mandela, Ahmed 

24 Kathrada, Walter Sisulu, Govan Mbeki, Andrew 

25 Mlangeni, Raymond Mhlaba, Elias Motsoaledi, and 


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1 Denis Goldberg were convicted and imprisoned for 

2 life for their leadership in opposing apartheid. 

3 (7) Although it was outlawed, the ANC led the 

4 resistance effort against apartheid in the late 1970s 

5 and 1980s. During this time, the ANC was classified 

6 as a terrorist organization by the apartheid South 

7 African Government and many western countries. 

8 (8) The South African ban on the ANC was 

9 lifted in 1990, and Nelson Mandela was released 

10 from prison on February 11, 1990. 

11 (9) Between 1990 and 1994, the ANC nego12 tiated with the South African Government for black 

13 enfranchisement and an end to apartheid, the results 

14 of which were the birth of a multiracial, multiparty 

15 democracy in South Africa. 

16 (10) The ANC became a registered political 

17 party in 1994. Winning more than 60 percent of the 

18 presidential vote, Nelson Mandela was inaugurated 

19 as president on May 10, 1994. 

20 (11) In 2002, Tokyo Sexwale, former premier 

21 of Gauteng Province and chairman of the ANC, was 

22 refused a visa to enter the United States on the 

23 basis that he, along with other prominent South Af24 rican anti-apartheid figures such as Nelson Mandela 

25 and Sidney Mufamadi, were still considered to be inVerDate Aug 31 2005 21:15 Apr 04, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5690.IH H5690

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1 admissible to the United States based on section 212 

2 of the Immigration and Nationality Act (8 U.S.C. 

3 1182). 

4 (12) In 2007, Barbara Masekela, former South 

5 African Ambassador to the United States from 2003 

6 to 2006, was denied a visa to enter the United 

7 States to visit her ill cousin due to her membership 

8 in the African National Congress, and she was un9 able to obtain a waiver before her cousin’s death. 

10 (13) The ANC-led Government of South Africa 

11 is a strategic partner with the United States in the 

12 fight against terrorism and has adopted concrete 

13 counterterrorism policies and measures, including in14 formation exchange, law enforcement cooperation, 

15 and anti-money laundering to deny terrorists a 

16 haven in South Africa. 

17 (14) In the past, the Department of State pro18 vided waivers to ANC leaders to enter the United 

19 States, but this remedy is not appropriate for ANC 

20 leaders such as Mr. Mandela. 

21 SEC. 2. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS 

22 FROM CERTAIN UNITED STATES GOVERN23 MENT DATABASES. 

24 The Secretary of State, in coordination with the At25 torney General, the Secretary of Homeland Security, the 


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1 Director of the Federal Bureau of Investigation, and the 

2 Director of National Intelligence, shall take all necessary 

3 steps to ensure that databases used to determine admissi4 bility to the United States are updated so that they are 

5 consistent with the exemptions required under section 4. 

6 SEC. 3. EXEMPTION OF AFRICAN NATIONAL CONGRESS 

7 FROM TREATMENT AS TERRORIST ORGANI8 ZATION FOR CERTAIN ACTS OR EVENTS. 

9 (a) IN GENERAL.—For purposes of section 

10 212(a)(3)(B)(vi) of the Immigration and Nationality Act 

11 (8 U.S.C. 1182(a)(3)(B)(vi)), the African National Con12 gress shall not be treated as a terrorist organization on 

13 the basis of any act or event occurring on or before the 

14 date of the enactment of this Act. 

15 (b) RULE OF CONSTRUCTION.—Nothing in this sec16 tion may be construed to alter or limit the authority of 

17 the Secretary of State or Secretary of Homeland Security 

18 to exercise discretionary authority pursuant to section 

19 212(d)(3)(B)(i) of the Immigration and Nationality Act 

20 (8 U.S.C. 1182(d)(3)(B)(i)). 

21 SEC. 4. RELIEF FOR CERTAIN MEMBERS OF THE AFRICAN 

22 NATIONAL CONGRESS REGARDING ADMISSI23 BILITY. 

24 (a) IN GENERAL.—For purposes of paragraphs 

25 (2)(A), (2)(B), and (3)(B) of section 212(a) of the ImmiVerDate Aug 31 2005 21:15 Apr 04, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5690.IH H5690

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1 gration and Nationality Act (8 U.S.C. 1182(a)), present 

2 and former members of the African National Congress 

3 shall not be determined to be inadmissible on the basis 

4 of— 

5 (1) their membership in or affiliation with such 

6 organization; or 

7 (2) anti-apartheid activities undertaken during 

8 the period of apartheid rule in South Africa during 

9 the period from 1948 to 1990. 

10 (b) RULE OF CONSTRUCTION.—Nothing in this sub11 section may be construed to alter or limit the authority 

12 of the Secretary of State or Secretary of Homeland Secu13 rity to exercise discretionary authority pursuant to section 

14 212(d)(3)(B)(i) of the Immigration and Nationality Act 

15 (8 U.S.C. 1182(d)(3)(B)(i)). 

Æ 


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