South African Democratic Transition Support Act of 1993
PL 103-149 (H.R.3225), enacted 11/23/1993

PUBLIC LAW 103-149—NOV. 23, 1993 
107 STAT. 1503 
Public Law 103-149 
lOBd Congress 
An Act 
To support the transition to nonracial democracy in South Africa. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "South African Democratic Transi-
tion 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, helped bring 
about rerorms 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 Afri-
can 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 disadvan-
taged 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 coopera-
tion, £uid 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 
Greneral Assembly resolution be lifted after the establishment 
Nov. 23, 1993 
[H.R. 3225] 
South African 
Democratic 
Transition 
Support Act 
of 1993. 
22 u s e 5001 
note. 
22 u s e 5001 
note. 
107 STAT. 1504 
PUBLIC LAW 103-149—NOV. 23, 1993 
and commencement of the work of the Transitional Executive 
Council. 
22 use 5001 
SEC. 3. UNITED STATES POUCY. 
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 govern-
ment 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 maximiun extent practicable, the United States 
should consult closely with international financial institutions, 
other donors, and South African entities on a coordinated strat-
egy to support the transition to a nonracial democracy in South 
Africa; 
(4) in order to provide ownership and managerial opportuni-
ties, professional advancement, training, and emplojnnent for 
disadvantaged South Africans and to respond to me historical 
inequities created under apartheid, the IJnited 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 liberaUze 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 estabUshment and perpetuation of, a nonracial 
democracy in South Africa. 
22 use 5001 
SEC. 4. REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER MEAS-
note. 
URES DIRECTED AT SOUTH AFRICA. 
(a) COMPREHENSIVE ANTI-APARTHEID ACT.— 
Effective date. 
(1) IN GENERAL.—All provisions of the Comprehensive Anti-
Apartheid Act of 1986 (22 U.S.C. 5001 and following) are 
PUBLIC LAW 103-149—NOV. 23, 1993 
107 STAT. 1505 
repealed as of the date of enactment of this Act, except for 
the sections specified in paragraph (2). 
(2) EFFECmVE DATE OP REPEAL OF CODE OP CONDUC5T 
REQUIREMENTS.—Sections 1, 3, 203(a), 203(b), 205, 207, 208, 
601, 603, and 604 of the Comprehensive Anti-Apartheid Act 
of 1986 are repealed as of the date on which the President 22 use 5001 
certifies to the Congress that an interim government, elected gj^' |J^j^' |J|^' 
on a nonracial basis through firee and fair elections, has taken sm' 511315114' 
office in South Africa. 
(3) CONFORMING AMENDMENTS.—(A) Section 3 of the Com-
prehensive Anti-Apartheid Act of 1986 is amended by striking 22 use 5001. 
P
aragraphs (2) tmrough (4) and paragraphs (7) through (9), 
y inserting "and" at the end of paragraph (5), and by striking 
"; and" at the end of para^aph (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 (eX2), (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(eXl) of the Foreign 
Assistance Act of 1961 is amended by striking "(1)". 
22 use 5l6ln. 
(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(bX9) of the Export-Import Bank Act of 1945 
(12 U.S.C. 635(bX9)) 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 (Depart-
ment of Transportation and Related Agencies Appropriations 
Act, 1987) (22 U.S.C. 5056a) as incorporated by reference in 
section 101(1) 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. 
(8XA) Section 901(j)(2XC) of the Internal Revenue Code 
of 1986 (26 U.S.C. 901(jX2XC)) 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. 
107 STAT. 1506 
PUBLIC LAW 103-149—NOV. 23, 1993 
Effective date. 
22 u s e 5001 
note. 
Disadvantaged. 
(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 
AfHca". 
(c) 
SANCTIONS MEASURES ADOPTED BY STATE OR LOCAL 
GOVERNMENTS OR PRIVATE ENTITIES.— 
(1) PoucY REGARDING RESCISSION.—The Confess 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 FED-
ERAL FUNDS.—Effective October 1, 1995, the following provi-
sions are repealed: 
(A) The undesignated paragraph entitled "STATE AND 
L
O
C
A
L 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 Appropria-
tions 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 Coimcil resolutions on South Africa, includ-
ing the resolution providing for a mandatory embargo on eirms 
sales to South Africa and Uie 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 Afidca 
of nuclear weapons or nuclear devices. 
SEC. 6. 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 (relating to the Development Fund for Africa) 
or chapter 4 of part II of that Act (relating to the Economic Support 
Fund) to support the treuisition to nonracial democracy in South 
Africa. Such assistcuice shall— 
(1) focus on building the capacity of disadvantaged South 
Africans to take their rightful place in the politick, social, 
and economic systems of their country; 
(2) give priority to working with and through South African 
nongovernmental organizations whose leadership and staff rep-
resent the msgority population and which have the support 
of the disadvantaged commimities 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 dis-
advantaged 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; 
PUBLIC LAW 103-149—NOV. 23, 1993 
107 STAT. 1507 
(5) support activities and entities, such as the Peace Accord 
structures, which are workm^ to end the violence in South 
.Airica; and 
(6) support activities to promote human rights, democra-
tization, and a civil society. 
(b) GOVERNMENT OF SOUTH AFMCA.— 
(1) LIMITATION ON ASSISTANCE.—Except as provided in 
paragraph (2), assistance provided in accordance with this sec-
tion may not be made available to the Grovemment of South 
Africa, or organizations financed and substantially controlled 
by that government, unless the President certifies to the Con-
gress that an interim government that was elected on a 
nonracial basis through free and fair elections has taken ofiHice 
in South Africa. 
(2) EXCEPTIONS,—^Notwithstanding paragraph (1), assist-
ance may be provided for— 
(A) the Transitional Executive Coimcil; 
(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 organiza-
tions representative of the majority population in South Africa 
(particularly consultations through the Transitional Executive 
Coimcil) 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 shedl 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 ENTER-
PRISE.—^Assistance provided in accordance vdth 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 assist-
ance would advance the United States objective of promoting 
democracy and free enterprise in South Africa. 
SEC. 6. UNITED STATES INVESTMENT AND TRADE. 
22 USC 5001 
(a) TAX TREATY.—^The President should begin immediately to 
negotiate a t€uc treaty with South Africa to facilitate United States 
investment in that country. 
(b) OPIC.—^The President should immediatehr initiate negotia-
tions 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, the Director of the 
Trade and Development Agency should provide additional funds 
for activities related to projects in South Africa. 
107 STAT. 1508 
PUBLIC LAW 103-149—NOV. 23, 1993 
(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 agen-
cies 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 mtgority-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 agenpy 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. 
22 u s e 5001 
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 Edu-
cational Exchange Act of 1948 to promote the development of a 
nonracial democracy in South Africa. 
22 u s e 5001 
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 agree-
ments with South Africa on a range of issues, including cultural 
and scientific issues. 
22 u s e 5001 
SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER 
note. 
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 nonraci^ 
democracy in South Africa. 
(b) INTERNATIONAL FINANCLU. INSTITUTIONS.—The Secretary of 
the Treasuiy 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 activi-
ties to South Africa in order to support the transition to nonracial 
democracy in South Africa. 
(c) TECHNICAL ASSISTANCE.—The Secretary of the Treasuiy 
should instruct the United States Executive Director of each rel-
evant 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 AMca in 
government management techniques. 
PUBLIC LAW 103-149—NOV. 23, 1993 
107 STAT. 1509 
SEC. 10. CONSULTATION WITH SOUTH AFRICANS. 
22 USC 5001 
In carrying out this Act, the President should consult closely 
with South African individuals and organizations representative 
of the migority population in South Africa (particularly consulta-
tions through the Transitional Executive Council) and others 
committed to abolishing the remnants of apartheid. 
Approved November 23, 1993. 
LEGISLATIVE HISTORY—H.R. 3225 (S. 1493): 
HOUSE REPORTS: No. 103-296, Pt. 1 (Comm. on Foreign Affairs), Ft. 2 
(Comm. on Public Works and Transportation), Pt. 3 (Comm. on 
Banking, Finance and Urban Affairs), and Pt. 4 (Comm. on 
Ways and Means). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Sept. 24, S. 1493 considered and passed Senate. 
Nov. 19, H.R. 3225 considered and peissed House. 
Nov. 20, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 29 (1993): 
Nov. 23, Presidential remarks.