Comprehensive Anti-Apartheid Act of 1986
PL 99-440 (H.R.4868), enacted 10/02/1986

100 STAT. 1086 
PUBLIC LAW 99-440—OCT. 2, 1986 
Public Law 99-440 
99th Congress 
An Act 
Oct. 2, 1986 
[H.R. 4868] 
Comprehensive 
Anti-Apartheid 
Act of 1986. 
Human rights. 
Terrorism. 
22 u s e 5001 
note. 
To prohibit loans to, other investments in, and certain other activities with respect to. 
South Africa, and for other purposes 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Comprehensive Anti-
Apartheid Act of 1986". 
TABLE OF CONTENTS 
SEC. 2. The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
Sec. 4. Purpose. 
TITLE I—POLICY OF THE UNITED STATES WITH RESPECT TO ENDING 
APARTHEID 
Sec. 101. Policy toward the Government of South Africa. 
Sec. 102. Policy toward the African National Congress, etc. 
Sec. 103. Policy toward the victims of apartheid. 
Sec. 104. Policy toward other countries in Southern Africa. 
Sec. 105. Policy toward "frontline" states. 
Sec. 106. Policy toward a negotiated settlement. 
Sec. 107. Policy toward international cooperation on measures to end apartheid. 
Sec. 108. Policy toward necklacing. 
Sec. 109. United States Ambassador to meet with Nelson Mandela. 
Sec. 110. Policy toward the recruitment and training of black South Africans by 
United States employers. 
TITLE II—MEASURES TO ASSIST VICTIMS OF APARTHEID 
Sec. 201. Scholarships for the victims of apartheid. 
Sec. 202. Human rights fund. 
Sec. 203. Expanding participation in the South African economy. 
Sec. 204. Export-Import Bank of the United States. 
Sec. 205. Labor practices of the United States Government in South Africa. 
Sec. 206. Welfare £uid protection of the victims of apartheid employed by the 
United States. 
Sec. 207. Employment practices of United States nationals in South Africa. 
Sec. 208. Code of Conduct. 
Sec. 209. Prohibition on assistance. 
Sec. 210. Use of the African Emergency Reserve. 
Sec. 211. Prohibition on assistance to any person or group engaging in "neck-
lacing". 
Sec. 212. Participation of South Africa in agricultural export credit and promotion 
programs. 
TITLE III—MEASURES BY THE UNITED STATES TO UNDERMINE 
APARTHEID 
Sec. 301. Prohibition on the importation of krugerrands. 
Sec. 302. Prohibition on the importation of military articles. 
Sec. 303. Prohibition on the importation of products from parastatal organizations. 
Sec. 304. Prohibition on computer exports to South Africa. 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1087 
Sec. 305. Prohibition on loans to the Government of South Africa. 
Sec. 306. Prohibition on air transportation with South Africa. 
Sec. 307. Prohibitions on nuclear trade with South Africa. 
Sec. 308. Government of South Africa bank accounts. 
Sec. 309. Prohibition on importation of uranium and coal from South Africa. 
Sec. 310. Prohibition on new investment in South Africa. 
Sec. 311. Termination of certain provisions. 
Sec. 312. Policy toward violence or terrorism. 
Sec. 313. Termination of tax treaty and protocol. 
Sec. 314. Prohibition on United States Government procurement from South Africa. 
Sec. 315. Prohibition on the promotion of United States tourism in South Africa. 
Sec. 316. Prohibition on United States Government assistance to, investment in, or 
subsidy for trade with. South Africa. 
Sec. 317. Prohibition on sale or export of items on Munition List. 
Sec. 318. Munitions list sales, notification. 
Sec. 319. Prohibition on importation of South African agricultural products and 
food. 
Sec. 320. Prohibition on importation of iron and steel. 
Sec. 321. Prohibition on exports of crude oil and petroleum products. 
Sec. 322. Prohibition on cooperation with the armed forces of South Africa. 
Sec. 323. Prohibition on sugar imports. 
TITLE IV—MULTILATERAL MEASURES TO UNDERMINE APARTHEID 
Sec. 401. Negotiating authority. 
Sec. 402. Limitation on imports from other countries. 
Sec. 403. Private right of action. 
TITLE V—FUTURE POLICY TOWARD SOUTH AFRICA 
Sec. 501. Additional measures. 
Sec. 502. Lifting of prohibitions. 
Sec. 503. Study of health conditions in the "homelands" areas of South Africa. 
Sec. 504. Reports on South African imports. 
Sec. 505. Study and report on the economy of southern Africa. 
Sec. 506. Report on relations between other industrialized democracies and South 
Africa. 
Sec. 507. Study and report on deposit accounts of South African nationals in United 
States banks. 
Sec. 508. Study and report on the violation of the international embargo on sale 
and export of military articles to South Africa. 
Sec. 509. Report on Communist activities in South Africa. 
Sec. 510. Prohibition on the importation of Soviet gold coins. 
Sec. 511. Economic support for disadvantaged South Africans. 
Sec. 512. Report on the African National Congress. 
TITLE VI—ENFORCEMENT AND ADMINISTRATIVE PROVISIONS 
Sec. 601. Regulatory authority. 
Sec. 602. Congressional priority procedures. 
Sec. 603. Enforcement and penalties. 
Sec. 604. Applicability to evasions of Act. 
Sec. 605. Construction of Act. 
Sec. 606. State or local anti-apartheid laws, enforce. 
DEFINITIONS 
• SEC. 3. As used in this Act— 
22 use 5001. 
(1) the term "Code of Conduct" refers to the principles set 
forth in section 208(a); 
' 
(2) the term "controlled South African entity" means— 
(A) a corporation, partnership, or other business associa-
tion or entity organized in South Africa and owned or 
; 
controlled, directly or indirectly, by a national of the 
United States; or 
(B) a branch, office, agency, or sole proprietorship in 
South Africa of a national of the United States; 
(3) the term "loan"— 
(A) means any transfer or extension of funds or credit on 
the basis of an obligation to repay, or any assumption or 
71-194 0 - 89 - 37 : Q
L 3 Parti 
100 STAT. 1088 
PUBLIC LAW 99-440—OCT. 2, 1986 
guarantee of the obligation of another to repay an exten-
sion of funds or credit, including— 
(i) overdrafts, 
(ii) currency swaps, 
(iii) the purchase of debt or equity securities issued 
by the Government of South Africa or a South African 
entity on or after the date of enactment of this Act, 
(iv) the purchase of a loan made by another person, 
(v) the sale of financial assets subject to an agree-
ment to repurchase, and 
(vi) a renewal or refinancing whereby funds or cred-
its are transferred or extended to the Government of 
South Africa or a South African entity, and 
(B) does not include— 
(i) normal short-term trade financing, as by letters of 
credit or similar trade credits; 
(ii) sales on open account in cases where such sales 
^' 
are normal business practice; or 
(iii) rescheduling of existing loans, if no new funds or 
credits are thereby extended to a South African entity 
or the Government of South Africa; 
(4) the term "new investment"— 
(A) means— 
(i) a commitment or contribution of funds or other 
assets, and 
(ii) a loan or other extension of credit, and 
(B) does not include— 
(i) the reinvestment of profits generated by a con-
trolled South African entity into that same controlled 
South African entity or the investment of such profits 
in a South African entity; 
(ii) contributions of money or other assets where such 
contributions are necessary to enable a controlled 
South African entity to operate in an economically 
sound manner, without expanding its operations; or 
(iii) the ownership or control of a share or interest in 
a South African entity or a controlled South African 
entity or a debt or equity security issued by the Govern-
ment of South Africa or a South African entity before 
the date of enactment of this Act, or the transfer or 
acquisition of such a share, interest, or debt or equity 
security, if any such transfer or acquisition does not 
result in a payment, contribution of funds or assets, or 
credit to a South African entity, a controlled South 
African entity, or the Government of South Africa; 
(5) the term "national of the United States" means— 
(A) a natural person who is a citizen of the United States 
or who owes permanent allegiance to the United States or 
is an alien lawfully admitted for permanent residence in 
the United States, as defined by section 101(aX20) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or 
(B) a corporation, partnership, or other business associa-
tion which is organized under the laws of the United States, 
any State or territory thereof, or the District of Columbia; 
(6) the term "South Africa" includes— 
„„ ,, 
(A) the Republic of South Africa; ,f .,. i.,uF 
' J 
rj'tKi '' .10 . 'H 
,?e - 0 »>pi-fv 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1089 
(B) any territory under the Administration, legal or il-
legal, of South Africa; and 
(C) the "bantustans" or "homelands", to which South 
African blacks are assigned on the basis of ethnic origin, 
including the Transkei, Bophuthatswana 
Ciskei, and 
Venda; and 
(7) the term "South African entity" means— 
p 
(A) a corporation, partnership, or other business associa-
- 
tion or entity organized in South Africa; or 
(B) a branch, office, agency, or sole proprietorship in 
South Africa of a person that resides or is organized outside 
South Africa; and 
(8) the term "United States" includes the States of the United 
'^* States, the District of Columbia, the Commonwealth of Puerto 
Rico, and any territory or possession of the United States. 
PURPOSE 
SEC. 4. The purpose of this Act is to set forth a comprehensive and 22 USC 5002. 
complete framework to guide the efforts of the United States in 
helping to bring an end to apartheid in South Africa and lead to the 
establishment of a nonracial, democratic form of government. This 
Act sets out United States policy toward the Government of South 
Africa, the victims of apartheid, and the other states in southern 
Africa. It also provides the President with additional authority to 
work with the other industrial democracies to help end apartheid 
and establish democracy in South Africa. 
TITLE I—POLICY OF THE UNITED STATES WITH RESPECT 
TO ENDING APARTHEID 
^' 
POUCY TOWARD THE GOVERNMENT OF SOUTH AFRICA 
SEC. 101. (a) United States policy toward the Government of South 22 USC 5011. 
Africa shall be designed to bring about reforms in that system of 
government that will lead to the establishment of a nonracial 
democracy. 
(b) The United States will work toward this goal by encouraging 
the Government of South Africa to— 
(1) repeal the present state of emergency and respect the 
principle of equal justice under law for citizens of all races; 
(2) release Nelson Mandela, Govan Mbeki, Walter Sisulu, Nelson Mandela. 
black trade union leaders, and all political prisoners; 
Govan Mbeki. 
(3) permit the free exercise by South Africans of all races of Walter Sisulu. 
the right to form political parties, express political opinions, and 
otherwise participate in the political process; 
(4) establish a timetable for the elimination of apartheid laws; 
(5) negotiate with representatives of all racial groups in South 
Africa the future political system in South Africa; and 
(6) end military and paramilitary activities aimed 
at 
neighboring states. 
(c) The United States will encourage the actions set forth in 
suljsection (b) through economic, political, and diplomatic measures 
as set forth in this Act. The United States will adjust its actions 
toward the Government of South Africa to reflect the progress or 
lack of progress made by the Government of South Africa in meet-
ing the goal set forth in subsection (a). 
100 STAT. 1090 
PUBLIC LAW 99-440—OCT. 2, 1986 
Pan African 
Congress. 
22 u s e 5012. 
POLICY TOWARD THE AFRICAN NATIONAL CONGRESS, ETC. 
SEC. 102 (a) United States policy toward the African National 
Congress, the Pan African Congress, and their affiliates shall be 
designed to bring about a suspension of violence that will lead to the 
start of negotiations designed to bring about a nonracial and genu-
ine democracy in South Africa. 
(b) The United States shall work toward this goal by encouraging 
the African National Congress and the Pan African Congress, and 
their affiliates, to— 
(1) suspend terrorist activities so that negotiations with the 
Government of South Africa and other groups representing 
black South Africans will be possible; 
(2) make known their commitment to a free and democratic 
post-apartheid South Africa; 
(3) agree to enter into negotiations with the South African 
Government and other groups representing black South Afri-
cans for the peaceful solution of the problems of South Africa; 
(4) reexamine their ties to the South African Communist 
Party. 
(c) The United States will encourage the actions set forth in 
subsection (b) through political and diplomatic measures. The 
United States will adjust its actions toward the Government of 
South Africa not only to reflect progress or lack of progress made by 
the Government of South Africa in meeting the goal set forth in 
subsection 101(a) but also to reflect progress or lack of progress 
made by the ANC and other organizations in meeting the goal set 
forth in subsection (a) of this section. 
POLICY TOWARD THE VICTIMS OF APARTHEID 
22 use 5013. 
SEC. 103. (a) The United States policy toward the victims of 
apartheid is to use economic, political, diplomatic, and other effec-
tive means to achieve the removal of the root cause of their victim-
ization, which is the apartheid system. In anticipation of the 
removal of the system of apartheid and as a further means of challeng-
ing that system, it is the policy of the United States to assist these 
victims of apartheid as individuals and through organizations to 
overcome the handicaps imposed on them by the system of apart-
heid and to help prepare them for their rightful roles as full 
participants in the political, social, economic, and intellectual life of 
their country in the post-apartheid South Africa envisioned by this 
Act. 
(b) The United States will work toward the purposes of subsection 
(a)by-
(1) providing assistance to South African victims of apartheid 
without discrimination by race, color, sex, religious belief, or 
political 
orientation, 
to 
take 
advantage 
of 
educational 
opportunities in South Africa and in the United States to 
prepare for leadership positions in a post-apartheid South 
Africa; 
(2) assisting victims of apartheid; 
(3) aiding individuals or groups in South Africa whose goals 
are to aid victims of apartheid or foster nonviolent legal or 
political challenges to the apartheid laws; 
(4) furnishing direct financial assistance to those whose non-
violent activities had led to their arrest or detention by the 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1091 
South African authorities and (B) to the families of those killed 
by terrorist acts such as "necklacings"; 
(5) intervening at the highest political levels in South Africa 
to express the strong desire of the United States to see the 
development in South Africa of a nonracial democratic society; 
(6) supporting the rights of the victims of apartheid through 
political, economic, or other sanctions in the event the Govern-
ment of South Africa fails to make progress toward the removal 
of the apartheid laws and the establishment of such democracy; 
and 
(7) supporting the rights of all Africans to be free of terrorist 
attacks by setting a time limit after which the United States 
will pursue diplomatic and political measures against those 
promoting terrorism and against those countries harboring such 
'' 
'^'' 
groups so as to achieve the objectives of this Act. 
POLICY TOWARD OTHER COUNTRIES IN SOUTHERN AFRICA 
SEC. 104. (a) The United States policy toward the other countries 
22 USC 5014. 
in the Southern African region shall be designed to encourage 
democratic forms of government, full respect for human rights, an 
end to cross-border terrorism, political independence, and economic 
development. 
(b) The United States will work toward the purposes of subsection 
(a)by-
(1) helping to secure the independence of Namibia and the 
Namibia. 
establishment of Namibia as a nonracial democracy in accord-
ance with appropriate United 
Nations Security 
Council 
resolutions; 
(2) supporting the removal of all foreign military forces from 
the region; 
(3) encouraging the nations of the region to settle differences 
through peaceful means; 
(4) promoting economic development through bilateral and 
multilateral 
economic 
assistance 
targeted 
at 
increasing 
opportunities in the productive sectors of national economies, 
with a particular emphasis on increasing opportunities for non-
governmental economic activities; 
(5) encouraging, and when necessary, strongly demanding, 
that all countries of the region respect the human rights of 
their citizens and noncitizens residing in the country, and espe-
cially the release of persons persecuted for their political beliefs 
or detained without trial; 
(6) encouraging, and when necessary, strongly demanding 
that all countries of the region take effective action to end cross-
- 
border terrorism; and 
(7) providing appropriate assistance, within the limitations of 
Transportation. 
'^ 
American responsibilities at home and in other regions, to assist 
regional 
economic cooperation 
and 
the 
development 
of 
interregional transportation and other capital facilities nec-
essary for economic growth. 
POLICY TOWARD 
FRONTLINE 
STATES 
SEC. 105, It is the sense of the Congress that the President should 
discuss with the governments of the African "frontline" states the 
President of U.S. 
Transportation. 
22 USC 5015. 
100 STAT. 1092 
PUBLIC LAW 99-440—OCT. 2, 1986 
effects on them of disruptions in transportation or other economic 
links through South Africa and of means of reducing those effects. 
22 u s e 5016. 
Communists. 
President of U.S. 
Communists. 
Great Britain. 
Canada. 
France. 
Italy. 
Japan. 
West Germany. 
Nelson Mandela. 
African National 
Congress. 
Pan African 
Congress. 
Black 
Consciousness 
Movement. 
POUCY TOWARD A NEGOTIATED SETTLEMENT 
SEC. 106. (a)(1) United States policy will seek to promote negotia-
tions among representatives of all citizens of South Africa to deter-
mine a future political system that would permit all citizens to be 
full participants in the governance of their country. The United 
States recognizes that important and legitimate political parties in 
South Africa include several organizations that have been banned 
and will work for the unbanning of such organizations in order to 
permit legitimate political viewpoints to be represented at such 
negotiations. The United States also recognizes that some of the 
organizations fighting apartheid have become infiltrated by Com-
munists and that Communists serve on the governing boards of such 
organizations. 
(2) To this end, it is the sense of the Congress that the President, 
the Secretary of State, or other appropriate high-level United States 
officials should meet with the leaders of opposition organizations of 
South Africa, particularly but not limited to those organizations 
representing the black majority. Furthermore, the President, in 
concert with the major allies of the United States and other in-
terested parties, should seek to bring together opposition political 
leaders with leaders of the Government of South Africa for the 
purpose of negotiations to achieve a transition to the post-apartheid 
democracy envisioned in this Act. 
(b) The United States will encourage the Government of South 
Africa and all participants to the negotiations to respect the right of 
all South Africans to form political parties, express political opin-
ions, and otherwise participate in the political process without fear 
of retribution by either governmental or nongovernmental organiza-
tions. It is the sense of the Congress that a suspension of violence is 
an essential precondition for the holding of negotiations. The United 
States CEQIS upon all parties to the conflict to agree to a suspension 
of violence. 
(c) The United States will work toward the achievement of 
agreement to suspend violence and begin negotiations through coordi-
nated actions with the major Western allies and with the govern-
ments of the countries in the region. 
(d) It is the sense of the Congress that the achievement of an 
agreement for negotiations could be promoted if the United States 
and its major allies, such as Great Britain, Canada, France, Italy, 
Japan, and West Germany, would hold a meeting to develop a four-
point plan to discuss with the Government of South Africa a pro-
posal for stages of multilateral assistance to South Africa in return 
for the Government of South Africa implementing— 
(1) an end to the state of emergency and the release of the 
political prisoners, including Nelson Mandela; 
(2) the unbanning of the African National Congress, the Pan 
African Congress, the Black Consciousness Movement, and all 
other groups willing to suspend terrorism and to participate in 
negotiations and a democratic process; 
(3) a revocation of the Group Areas Act and the Population 
Registration Act and the granting of universal citizenship to all 
South Africans, including homeland residents; and 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1093 
(4) the use of the international offices of a third party as an 
intermediary to bring about negotiations with the object of the 
establishment of power-sharing with the black majority. 
POLICY TOWARD INTERNATIONAL COOPERATION ON MEASURES TO END 
APARTHEID 
: SEC. 107. (a) The Congress finds that— 
(1) international cooperation is a prerequisite to an effective 
anti-apartheid policy and to the suspension of terrorism in 
South Africa; and 
(2) the situation in South Africa constitutes an emergency in 
international relations and that action is necessary for the 
protection of the essential security interests of the United 
States. 
(b) Accordingly, the Congress urges the President to seek such 
cooperation among all individuals, groups, and nations. 
POLICY TOWARD NECKLACING 
SEC. 108. It is the sense of the Congress that the African National 
Congress should strongly condemn and take effective actions against 
the execution by fire, commonly known as "necklacing", of any 
person in any country. 
UNITED STATES AMBASSADOR TO MEET WITH NELSON MANDELA 
SEC. 109. It is the sense of the Senate that the United States 
Ambassador should promptly make a formal request to the South 
African Government for the United States Ambassador to meet with 
Nelson Mandela. 
22 use 5017. 
icjt m 
African National 
Congress. 
22 u s e 5018. 
Nelson Mandela. 
22 u s e 5019. 
, POLICY TOWARD THE RECRUITMENT AND TRAINING OF BLACK SOUTH 
AFRICANS BY UNITED STATES EMPLOYERS 
SEC. 110. (a) The Congress finds that— 
(1) the policy of apartheid is abhorrent and morally 22USe5020. 
repugnant; 
(2) the United States believes strongly in the principles of 
democracy and individual freedoms; 
(3) the United States endorses the policy of political participa-
tion of all citizens; 
(4) a free, open, and vital economy is a primary means for 
achieving social equality and economic advancement for all 
citizens; and 
i 
(5) the United States is committed to a policy of securing and 
enhancing human rights and individual dignity throughout the 
world. 
(b) It is the sense of the Congress that United States employers 
operating in South Africa are obliged both generally to actively 
oppose the policy and practices of apartheid and specifically to 
engage in recruitment and training of black and colored South 
Africans for management responsibilities. 
100 STAT. 1094 
PUBLIC LAW 99-440—OCT. 2, 1986 
TITLE II—MEASURES TO ASSIST VICTIMS OF APARTHEID 
22 use 2151c. 
Education. 
Schools and 
colleges. 
99 Stat. 260. 
22 use 2346. 
22 use 2151 
note. 
22 use 2151o. 
SCHOLARSHIPS FOR THE VICTIMS OF APARTHEID 
SEC. 201. (a) Section 105(b) of the Foreign Assistance Act of 1961 is 
amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding at the end thereof the following new paragraph: 
"(2)(A)(i) Of the amounts authorized to be appropriated to carry 
out this section for the fiscal years 1987, 1988, and 1989, not less 
than $4,000,000 shall be used in each such fiscal year to finance 
education, training, and scholarships for the victims of apartheid, 
including teachers and other educational professionals, who are 
attending universities and colleges in South Africa. Amounts avail-
able to carry out this subparagraph shall be provided in accordance 
with the provisions of section 8()2(c) of the International Security 
and Development Cooperation Act of 1985. 
"(ii) Funds made available for each such fiscal year for purposes of 
chapter 4 of part II of this Act may be used to finance such 
education, training, and scholarships in lieu of an equal amount 
made available under this subparagraph. 
"(B)(i) In addition to amounts used for purposes of subparagraph 
(A), the agency primarily responsible for administering this part, in 
collaboration with other appropriate departments or agencies of the 
United States, shall use assistance provided under this section or 
chapter 4 of part II of this Act to finance scholarships for students 
pursuing secondary school education in South Africa. The selection 
of scholarship recipients shall be by a nationwide panel or by 
regional panels appointed by the United States chief of diplomatic 
mission to South Africa. 
"(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act for the fiscal years 
1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in 
each such fiscal year for purposes of this suljparagraph. 
"(C)(i) In addition to the assistance authorized in subparagraph 
(A), the agency primarily responsible for administering this part 
shall provide assistance for inservice teacher training programs in 
South Africa through such nongovernmental organizations as TOPS 
or teachers' unions. 
"(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act, up to an aggregate of 
$500,000 for the fiscal year 1987 and up to an aggregate of $1,000,000 
for the fiscal year 1988 may be used for purposes of this subpara-
graph, subject to standard procedures for project review and 
approval.". 
(b) The Foreign Assistance Act of 1961 is amended by inserting 
after section 116 the following new section: 
"SEC. 117. ASSISTANCE FOR DISADVANTAGED SOUTH AFRICANS.—In 
providing assistance under this chapter or under chapter 4 of part II 
of this Act for disadvantaged South Africans, priority shall be given 
to working with and through South African nongovernmental 
organizations whose leadership and staff are selected on a nonracial 
basis, and which have the support of the disadvantaged communities 
being served. The measure of this community support shall be the 
willingness of a substantial number of disadvantaged persons to 
participate in activities sponsored by these organizations. Such 
organizations to which such assistance may be provided include the 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1095 
Educational Opportunities Council, the South African Institute of 
Race Relations, READ, professional teachers' unions, the Outreach 
Program of the University of the Western Cape, the Funda Center 
in Soweto, SACKED, UPP Trust, TOPS, the Wilgespruit Fellowship 
Center (WFC), and civic and other organizations working at the 
community level which do not receive funds from the Government 
of South Africa.". 
HUMAN RIGHTS FUND 
SEC. 202. (a) Section 116(e)(2)(A) of the Foreign Assistance Act of 
1961 is amended— 
(1) by striking out "1984 and" and inserting in lieu thereof 
"1984,"; and 
(2) by inserting after "1985" a comma and the following: "and 
$1,500,000 for the fiscal year 1986 and for each fiscal year 
thereafter". 
(b) Section 116 of such Act is amended by adding at the end 
thereof the following new subsection: 
"(f)(1) Of the funds made available to carry out subsection (e)(2)(A) 
for each fiscal year, not less than $500,000 shall be used for direct 
legal and other assistance to political detainees and prisoners and 
their families, including the investigation of the killing of protesters 
and prisoners, and for support for actions of black-led community 
organizations to resist, through nonviolent means, the enforcement 
of apartheid policies such as— 
"(A) removal of black populations from certain geographic 
areas on account of race or ethnic origin, 
"(B) denationalization of blacks, including any distinctions 
between the South African citizenships of blacks and whites, 
"(C) residence restrictions based on race or ethnic origin, 
"(D) restrictions on the rights of blacks to seek employment in 
South Africa and to live wherever they find employment in 
South Africa, and 
"(E) restrictions which make it impossible for black em-
ployees and their families to be housed in family accommoda-
tions near their place of employment. 
"(2)(A) No grant under this subsection may exceed $100,000. 
"(B) The average of all grants under this paragraph made in any 
fiscal year shall not exceed $70,000. 
"(g) Of the funds made available to carry out subsection (e)(2)(A) 
for each fiscal year, $175,000 shall be used for direct assistance to 
families of victims of violence such as 'necklacing' and other such 
inhumane acts. An additional $175,000 shall be made available to 
black groups in South Africa which are actively working toward a 
multi-racial solution to the sharing of political power in that coun-
try through nonviolent, constructive means.". 
'.H(\ 
22 u s e 2151n. 
Employment 
and 
unemployment. 
Housing. 
Grants. 
EXPANDING PARTICIPATION IN THE SOUTH AFRICAN ECONOMY 
SEC. 203. (a) The Congress declares that— 
(1) the denial under the apartheid laws of South Africa of the 
rights of South African blacks and other nonwhites to have the 
opportunity to participate equitably in the South African econ-
omy as managers or owners of, or professionals in, business 
enterprises, and 
22 u s e 5031. 
100 STAT. 1096 
PUBLIC LAW 99-440—OCT. 2, 1986 
(2) the policy of confining South African blacks and other 
nonwhites to the status of employees in minority-dominated 
businesses, 
is an affront to the values of a free society, 
(b) The Congress hereby— 
(1) applauds the commitment of nationals of the United States 
Post, p. 1097. 
adhering to the Code of Conduct to assure that South African 
blacks and other nonwhites are given assistance in gaining their 
rightful place in the South African economy; and 
., 
. 
(2) urges the United States Government to assist in all appro-
priate ways the realization by South African blacks and other 
nonwhites of their rightful place in the South African economy. 
Business and 
(c) Notwithstanding any other provision of law, the Secretary of 
industry. 
State and any other head of a 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. 
12 use 635. 
Business and 
industry. 
EXPORT-IMPORT BANK OF THE UNITED STATES 
SEC. 204. Section 2(b)(9) of the Export-Import Bank Act of 1945 is 
amended— 
(1) by striking out "(9) In" and inserting in lieu thereof "(9)(A) 
Except as provided in subparagraph (B), in"; and 
(2) by adding at the end thereof the following: 
"(B) The Bank shall take active steps to encourage the use of its 
facilities to guarantee, insure, extend credit, or participate in the 
extension of credit to business enterprises in South Africa that are 
majority owned by South African blacks or other nonwhite South 
Africans. The certification requirement contained in clause (c) of 
subparagraph (A) shall not apply to exports to or purchases from 
business enterprises which are majority owned by South African 
blacks or other nonwhite South Africans.". 
Employment 
and 
unemployment. 
22 u s e 5032. 
eontracts. 
Post, p. 1097. 
LABOR PRACTICES OF THE UNITED STATES GOVERNMENT IN SOUTH 
AFRICA 
SEC. 205. (a) It is the sense of the Congress that the labor practices 
used by the United States Government— 
(1) for the direct hire of South Africans, 
(2) for the reimbursement out of official residence funds of 
South Africans and employees of South African organizations 
for their long-term employment services on behalf of the United 
States Government, and 
(3) for the employment services of South Africans arranged by 
contract, 
should represent the best of labor practices in the United States and 
should serve as a model for the labor practices of nationals of the 
United States in South Africa. 
(b) The Secretary of State and any other head of a department or 
agency of the United States carrying out activities in South Africa 
shall promptly take, without regard to any provision of law, the 
necessary steps to ensure that the labor practices applied to the 
employment services described in paragraphs (1) through (3) of 
subsection i^a) are governed by the Code of Conduct. Nothing in this 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1097 
Real property. 
Housing. 
22 use 5033. 
Appropriation 
authorization. 
section shall be construed to grant any employee of the United 
States the right to strike. 
WELFARE AND PROTECTION OF VICTIMS OF APARTHEID BY THE UNITED 
STATES 
SEC. 206. (a) The Secretary of State shall acquire, through lease or 
purchase, residential properties in the Republic of South Africa that 
shall be made available, at rents that are equitable, to assist victims 
of apartheid who are employees of the United States Government in 
obtaining adequate housing. Such properties shall be acquired only 
in neighborhoods which would be open to occupancy by other 
employees of the United States Government in South Africa. 
(b) There are authorized to be appropriated $10,000,000 for the 
fiscal year 1987 to carry out the purposes of this section. 
EMPLOYMENT PRACTICES OF UNITED STATES NATIONALS IN SOUTH 
AFRICA 
'' •"''''*' 
SEC. 207. (a) Any national of the United States that employs more 22 USC 5034. 
than 25 persons in South Africa shall take the necessary steps to 
insure that the Code of Conduct is implemented. 
Infra. 
(b) No department or agency of the United States may intercede Exports. 
with any foreign government or foreign national regarding the 
export marketing activities in any country of any national of the 
United States employing more than 25 persons in South Africa that 
is not implementing the Code of Conduct. 
^
^ ' 
CODE OF CONDUCT 
SEC. 208. (a) The Code of Conduct referred to in sections 203, 205, 22 USC 5035. 
207, and 603 of this Act is as follows: 
(1) desegregating the races in each employment facility; 
(2) providing equal employment opportunity for all employees 
without regard to race or ethnic origin; 
(3) assuring that the pay system is applied to all employees 
without regard to race or ethnic origin; 
(4) establishing a minimum wage and salary structure based 
on the appropriate local minimum economic level which takes 
into account the needs of employees and their families; 
(5) increasing by appropriate means the number of persons in 
managerial, supervisory, administrative, clerical, and technical 
jobs who are disadvantaged by the apartheid system for the 
purpose of significantly increasing their representation in such 
jobs; 
(6) taking reasonable steps to improve the quality of employ-
ees' lives outside the work environment with respect to housing, 
transportation, schooling, recreation, and health; and 
(7) implementing fair labor practices by recognizing the right 
of all employees, regardless of racial or other distinctions, to 
self-organization and to form, join, or assist labor organizations, 
freely and without penalty or reprisal, and recognizing the right 
to refrain from any such activity. 
O
t
>
) It is the sense of the Congress that in addition to the principles 
' 
enumerated in subsection (a), nationals of the United States subject 
to section 207 should seek to comply with the following principle: 
taking reasonable measures to extend the scope of influence on 
activities outside the workplace, including— 
100 STAT. 1098 
PUBLIC LAW 99-440—OCT. 2, 1986 
President of U.S. 
President of U.S. 
President of U.S. 
Contracts. 
(1) supporting the unrestricted rights of black businesses to 
locate in urban areas; 
(2) influencing other companies in South Africa to follow the 
standards of equal rights principles; 
(3) supporting the freedom of mobility of black workers to 
seek employment opportunities wherever they exist, and make 
provision for adequate housing for families of employees within 
the proximity of workers' employment; and 
(4) supporting the rescission of all apartheid laws. 
(c) The President may issue additional guidelines and criteria to 
assist persons who are or may be subject to section 207 in complying 
with the principles set forth in subsection (a) of this section. The 
President may, upon request, give an advisory opinion to any person 
who is or may be subject to this section as to whether that person is 
subject to this section or would be considered to be in compliance 
with the principles set forth in subsection (a). 
(d) The President may require all nationals of the United States 
referred to in section 207 to register with the United States Govern-
ment. 
(e) Notwithstanding any other provision of law, the President may 
enter into contracts with one or more private organizations or 
individuals to assist in implementing this section. 
PROHIBITION ON ASSISTANCE 
22 use 5036. 
22 use 2304. 
SEC. 209. No assistance may be provided under this Act to any 
group which maintains within its ranks any individual who has 
been found to engage in gross violations of internationally recog-
nized human rights (as defined in section 502B(d)(l) of the Foreign 
Assistance Act of 1961). 
President of U.S. 
22 use 5037. 
USE OF THE AFRICAN EMERGENCY RESERVE 
SEC. 210. Whenever the President determines that such action is 
necessary or appropriate to meet food shortages in southern Africa, 
the President is authorized to utilize the existing, authorized, and 
funded reserve entitled the "Emergency Reserve for African Famine 
Relief to provide food assistance and transportation for that 
assistance. 
22 use 5038. 
22 use 2151 
note. 
PROHIBITION ON ASSISTANCE TO ANY PERSON OR GROUP ENGAGING IN 
"NECKLACING" 
SEC. 211. No assistance may be provided under this Act, the 
Foreign Assistance Act of 1961, or any other provision of law to any 
individual, group, organization, or member thereof, or entity that 
directly or indirectly engages in, advocates, supports, or approves 
the practice of execution by fire, commonly known as "necklacing". 
PARTICIPATION OF SOUTH AFRICA IN AGRICULTURAL EXPORT CREDIT 
AND PROMOTION PROGRAMS 
22 use 5039. 
SEC. 212. Notwithstanding any other provision of this Act or any 
other provision of law, the Secretary of Agriculture may permit 
South Africa to participate in agricultural export credit and pro-
motion programs conducted by the Secretary at similar levels, and 
under similar terms and conditions, as other countries that have 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1099 
traditionally purchased United States agricultural commodities and 
the products thereof. 
TITLE III—MEASURES BY THE UNITED STATES TO 
UNDERMINE APARTHEID 
PROHIBITION ON THE IMPORTATION OF KRUGERRANDS 
SEC. 301. No person, including a bank, may import into the United 
States any South African krugerrand or any other gold coin minted 
in South Africa or offered for sale by the Government of South 
Africa. 
Banks and 
banking. 
22 u s e 5051. 
PROHIBITION ON THE IMPORTATION OF MIUTARY ARTICLES 
SEC. 302. No arms, ammunition, or military vehicles produced in 22 USC 5052. 
South Africa or any manufacturing data for such articles may be 
imported into the United States. 
PROHIBITION ON THE IMPORTATION OF PRODUCTS FROM PARASTATAL 
ORGANIZATIONS 
Agriculture and 
agricultural 
commodities. 
Defense and 
national 
security. 
22 USC 5053. 
SEC 303. (a) Notwithstanding any other provision of law, no 
article which is grown, produced, manufactured by, marketed, or 
otherwise exported by a parastatal organization of South Africa may 
be imported into the United States, (1) except for agricultural 
products during the 12-month period from the date of enactment; 
and (2) except for those strategic minerals for which the President 
has certified to the Congress that the quantities essential for the 
economy or defense of the United States are unavailable from 
reliable and secure suppliers and except for any article to be im-
ported pursuant to a contract entered into before August 15, 1986: 
Provided, That no shipments may be received by a national of the 
United States under such contract after April 1,1987. 
OD) For purposes of this section, the term "parastatal organiza-
tion" means a corporation or partnership owned or controlled or 
subsidized by the Government of South Africa, but does not mean a 
corporation or partnership which previously received start-up assist-
ance from the South African Industrial Development Corporation 
but which is now privately owned. 
.t , 
PROHIBITION ON COMPUTER EXPORTS TO SOUTH AFRICA 
SEC. 304. (a) No computers, computer software, or goods or tech- 22 use 5054. 
nology intended to manufacture or service computers may be 
exported to or for use by any of the following entities of the 
Government of South Africa: 
(1) The military. 
(2) The police. 
(3) The prison system. 
(4) The national security agencies. 
(5) ARMSCOR and its subsidiaries or the weapons research 
activities of the Council for Scientific and Industrial Research. 
(6) The administering authorities for controlling the move-
ments of the victims of apartheid. 
(7) Any apartheid enforcing agency. 
100 STAT. 1100 
PUBLIC LAW 99-440—OCT. 2, 1986 
Regulations. 
I 
(8) Any local, regional, or homelands government entity 
which performs any function of any entity described in para-
graphs (1) through (7). 
(b)(1) Computers, computer software, and goods or technology 
intended to service computers may be exported, directly or in-
directly, to or for use by an entity of the Government of South 
Africa other than those set forth in subsection (a) only if a system of 
end use verification is in effect to ensure that the computers in-
volved will not be used for any function of any entity set forth in 
subsection (a). 
(2) The Secretary of Commerce may prescribe such rules and 
regulations as may be necessary to carry out this section. 
PROHIBITION ON LOANS TO THE GOVERNMENT OF SOUTH AFRICA 
22 use 5055. 
SEC. 305. (a) No national of the United States may make or 
approve any loan or other extension of credit, directly or indirectly, 
to the Government of South Africa or to any corporation, partner-
ship or other organization which is owned or controlled by the 
Government of South Africa. 
(b) The prohibition contained in subsection (a) shall not apply to— 
(1) a loan or extension of credit for any education, housing, or 
humanitarian benefit which— 
(A) is available to all persons on a nondiscriminatory 
basis; or 
(B) is available in a geographic area accessible to all 
population groups without any legal or administrative 
restriction; or 
(2) a loan or extension of credit for which an agreement is 
entered into before the date of enactment of this Act. 
PROHIBITION ON AIR TRANSPORTATION WITH SOUTH AFRICA 
President of U.S. 
SEC. 306. (a)(1) The President shall immediately notify the Govern-
22 use 5056. 
ment of South Africa of his intention to suspend the rights of any air 
carrier designated by the Government of South Africa under the 
Agreement Between the Government of the United States of Amer-
ica and the Government of the Union of South Africa Relating to 
Air Services Between Their Respective Territories, signed May 23, 
61 Stat. 3057. 
1947, to service the routes provided in the Agreement. 
President of U.S. 
(2) Ten days after the date of enactment of this Act, the President 
shall direct the Secretary of Transportation to revoke the right of 
any air carrier designated by the Government of South Africa under 
the Agreement to provide service pursuant to the Agreement. 
President of U.S. 
(3) Ten days after the date of enactment of this Act, the President 
shall direct the Secretary of Transportation not to permit or other-
wise designate any United States air carrier to provide service 
between the United States and South Africa pursuant to the 
Agreement. 
(b)(1) The Secretary of State shall terminate the Agreement Be-
tween the Government of the United States of America and the 
Government of the Union of South Africa Relating to Air Services 
Between Their Respective Territories, signed May 23, 1947, in 
accordance with the provisions of that agreement. 
(2) Upon termination of such agreement, the Secretary of 
Transportation shall prohibit any aircraft of a foreign air carrier 
owned, directly or indirectly, by the Government of South Africa or 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1101 
by South African nationals from engaging in air transportation with 
respect to the United States. 
(3) The Secretary of Transportation shall prohibit the takeoff and 
landing in South Africa of any aircraft by an air carrier owned, 
directly or indirectly, or controlled by a national of the United 
States or by any corporation or other entity organized under the 
laws of the United States or of any State. 
(c) The Secretary of Transportation may provide for such excep-
tions from the prohibition contained in subsection (a) or (b) as the 
Secretary considers necessary to provide for emergencies in which 
the safety of an aircraft or its crew or passengers is threatened. 
(d) For purposes of this section, the terms "aircraft", "air 
transportation", and "foreign air carrier" have the meanings given 
those terms in section 101 of the Federal Aviation Act of 1958 (49 
U.S.C. 1301). 
PROHIBITIONS ON NUCLEAR TRADE WITH SOUTH AFRICA 
SEC. 307. (a) Notwithstanding any other provision of law— 
(1) the Nuclear Regulatory Commission shall not issue any 
license for the export to South Africa of production or utiliza-
tion facilities, any source or special nuclear material or sen-
sitive nuclear technology, or any component parts, items, or 
substances which the Commission has determined, pursuant to 
section 109b. of the Atomic Energy Act, to be especially relevant 
from the standpoint of export control because of their signifi-
cance for nuclear explosive purposes; 
(2) the Secretary of Commerce shall not issue any license for 
the export to South Africa of any goods or technology which 
have been determined, pursuant to section 309(c) of the Nuclear 
Non-Proliferation Act of 1978, to be of significance for nuclear 
explosive purposes for use in, or judged by the President to be 
likely to be diverted to, a South African production or utiliza-
tion facility; 
(3) the Secretary of Energy shall not, under section 57b.(2) of 
the Atomic Energy Act, authorize any person to engage, directly 
or indirectly, in the production of special nuclear material in 
South Africa; and 
(4) no goods, technology, source or special nuclear material, 
facilities, components, items, or substances referred to in 
clauses (1) through (3) shall be approved by the Nuclear Regu-
latory Commission or an executive branch agency for retransfer 
to South Africa, 
unless the Secretary of State determines and certifies to the Speaker 
of the House of Representatives and the chairman of the Committee 
on Foreign Relations of the Senate that the Government of South 
Africa is a party to the Treaty on the Non-Proliferation of Nuclear 
Weapons, done at Washington, London, and Moscow on July 1, 1988, 
or otherwise maintains International Atomic Energy Agency safe-
guards on all its peaceful nuclear activities, as defined in the 
Nuclear Non-Proliferation Act of 1978. 
(b) Nothing in this section shall preclude— 
(1) any export, retransfer, or activity generally licensed or 
c 
generally authorized by the Nuclear Regulatory Commission 
or the Department of Commerce or the Department of Energy; or 
(2) assistance for the purpose of developing or applying Inter-
national Atomic Energy Agency or United States bilateral 
State and local 
governments. 
Safety. 
49 u s e app. 
1301. 
Exports. 
Science and 
technology. 
22 u s e 5057. 
42 u s e 2139. 
42 u s e 2139a. 
42 u s e 2077. 
21 UST 483. 
22 u s e 3201 
note. 
Exports. 
Research and 
development. 
Health and 
medical care. 
Safety. 
100 STAT. 1102 
PUBLIC LAW 99-440—OCT. 2, 1986 
42 use 10203. 
Exports. 
Defense and 
national 
security. 
President of U.S. 
safeguards, for International Atomic Energy Agency programs 
generally available to its member states, for reducing the use of 
highly enriched uranium in research or test reactors, or for 
other technical programs for the purpose of reducing prolifera-
tion risks, such as programs to extend the life of reactor fuel 
and activities envisaged by section 223 of the Nuclear Waste 
Policy Act of 1982 or which are necessary for humanitarian 
reasons to protect the public health and safety, 
(c) The prohibitions contained in subsection (a) shall not apply 
with respect to a particular export, retransfer, or activity, or a group 
of exports, retransfers, or activities, if the President determines that 
to apply the prohibitions would be seriously prejudicial to the 
achievement of United States nonproliferation objectives or would 
otherwise jeopardize the common defense and security of the United 
States and, if at least 60 days before the initial export, retransfer, or 
activity is carried out, the President submits to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate a report setting forth that deter-
mination, together with his reasons therefor. 
GOVERNMENT OF SOUTH AFRICA BANK ACCOUNTS 
22 use 5058. 
SEC. 308. (a) A United States depository institution may not 
accept, receive, or hold a deposit account from the Government of 
South Africa or from any agency or entity owned or controlled by 
the Government of South Africa except for such accounts which 
may be authorized by the President for diplomatic or consular 
purposes. For purposes of the preceding sentence, the term "deposi-
tory institution" has the same meaning as in section 19(b)(1) of the 
12 use 461. 
Federal Reserve Act. 
Effective date. 
(b) The prohibition contained in subsection (a) shall take effect 45 
days after the date of enactment of this Act. 
PROHIBITION ON IMPORTATION OF URANIUM AND COAL FROM SOUTH 
AFRICA 
22 use 5059. 
SEC. 309. (a) Notwithstanding any other provision of law, no— 
(1) uranium ore, 
(2) uranium oxide, 
(3) coal, or 
(4) textiles, 
that is produced or manufactured in South Africa may be imported 
into the United States. 
Effective date. 
(b) This section shall take effect 90 days after the date of enact-
ment of this Act. 
PROHIBITION ON NEW INVESTMENT IN SOUTH AFRICA 
22 use 5060. 
SEC. 310. (a) No national of the United States may, directly or 
through another person, make any new investment in South Africa. 
Effective date. 
(b) The prohibition contained in subsection (a) shall take effect 45 
days after the date of enactment of this Act. 
(c) I'he prohibition contained in this section shall not apply to a 
firm owned by black South Africans. 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1103 
TERMINATION OF CERTAIN PROVISIONS 
SEC. 311. (a) This title and sections 501(c) and 504(b) shall termi-
nate if the Government of South Africa— 
(1) releases all persons persecuted for their political beliefs or 
detained unduly without trial and Nelson Mandela from prison; 
(2) repeals the state of emergency in effect on the date of 
enactment of this Act and releases all detainees held under 
such state of emergency; 
(3) unbans democratic political parties and permits the free 
exercise by South Africans of all races of the right to form 
political parties, express political opinions, and otherwise 
* 
participate in the political process; 
(4) repeals the Group Areas Act and the Population Registra-
tion Act and institutes no other measures with the same pur-
poses; and 
(5) agrees to enter into good faith negotiations with truly 
representative 
members 
of the 
black 
majority 
without 
preconditions. 
(b) The President may suspend or modify any of the measures 
required by this title or section 501(c) or section 504(b) thirty days 
after he determines, and so reports to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate, that the Government of South Africa has— 
(1) taken the action described in paragraph (1) of sub-
section (a), 
(2) taken three of the four actions listed in paragraphs (2) 
through (5) of subsection (a), and 
(3) made substantial progress toward dismantling the system 
of apartheid and establishing a nonracial democracy, 
unless the Congress enacts within such 30-day period, in accordance 
with section 602 of this Act, a joint resolution disapproving the 
determination of the President under this subsection. 
(c) It is the policy of the United States to support the negotiations 
with the representatives of all communities as envisioned in this 
Act. If the South African Government agrees to enter into negotia-
tions without preconditions, abandons unprovoked violence against 
its opponents, commits itself to a free and democratic post-apartheid 
South Africa under a code of law; and if nonetheless the African 
National Congress, the Pan African Congress, or their affiliates, or 
other organizations, refuse to participate; or if the African National 
Congress, the Pan African Congress or other organizations— 
(1) refuse to abandon unprovoked violence during such nego-
tiations; and 
(2) refuse to commit themselves to a free and democratic post-
apartheid South Africa under a code of law, 
then the United States will support negotiations which do not 
include these organizations. 
22 u s e 5061. 
Nelson Mandela. 
President of U.S. 
J' , 
! 
African National 
Congress. 
Pan African 
Congress. 
- ^ m 
POLICY TOWARD VIOLENCE OR TERRORISM 
SEC. 312. (a) United States policy toward violence in South Africa 
shall be designed to bring about an immediate end to such violence 
and to promote negotiations concluding with a removal of the 
system of apartheid and the establishment of a non-racial democ-
racy in South Africa. 
22 u s e 5062. 
100 STAT. 1104 
PUBLIC LAW 99-440—OCT. 2, 1986 
(b) The United States shall work toward this goal by diplomatic 
and other measures designed to isolate those who promote terrorist 
attacks on unarmed civilians or those who provide assistance to 
individuals or groups promoting such activities. 
(c) The Congress declares that the abhorrent practice of 
"necklacing" and other equally inhumane acts which have been 
practices in South Africa by blacks against fellow blacks are an 
affront to all throughout the world who value the rights of individ-
uals to live in an atmosphere free from fear of violent reprisals. 
TERMINATION 
OF 
TAX 
TREATY 
AND 
PROTOCOL 
22 use 5063. 
SEC. 313. The Secretary of State shall terminate immediately the 
following convention and protocol, in accordance with its terms, the 
Convention Between the Government of the United States of Amer-
ica and the Government of the Union of South Africa for the 
Avoidance of Double Taxation and for Establishing Rules of Recip-
3 UST 3821. 
rocal Administrative Assistance With Respect to Taxes on Income, 
done at Pretoria on December 13, 1946, and the protocol relating 
,
> 
thereto. 
Contracts. 
22 use 5064. 
PROHIBITION ON UNITED STATES GOVERNMENT PROCUREMENT FROM 
SOUTH AFRICA 
SEC. 314. On or after the date of enactment of this Act, no 
department, agency or any other entity of the United States Govern-
ment may enter into a contract for the procurement of goods or 
services from parastatal organizations except for items necessary for 
diplomatic and consular purposes. 
PROHIBITION ON THE PROMOTION OF UNITED STATES TOURISM IN SOUTH 
AFRICA 
22 use 5065. 
SEC 315. None of the funds appropriated or otherwise made 
available by any provision of law may be available to promote 
United States tourism in South Africa. 
PROHIBITION ON UNITED STATES GOVERNMENT ASSISTANCE TO, 
INVESTMENT IN, OR SUBSIDY FOR TRADE WITH, SOUTH AFRICA 
22 use 5066. 
SEC. 316. None of the funds appropriated or otherwise made 
available by any provision of law may be available for any assist-
ance to investment in, or any subsidy for trade with. South Africa, 
including but not limited to funding for trade missions in South 
Africa and for participation in exhibitions and trade fairs in South 
Africa. 
PROHIBITION ON SALE OR EXPORT OF ITEMS ON MUNITIONS LIST 
22 use 5067. 
SEC. 317. (a) Except as provided in subsection (b), no item con-
tained on the United States Munition List which is subject to the 
jurisdiction of the United States may be exported to South Africa. 
(b) Subsection (a) does not apply to any item which is not covered 
' 
by the United Nations Security Council Resolution 418 of Novem-
ber 4, 1977, and which the President determines is exported solely 
for commercial purposes and not exported for use by the armed 
forces, police, or other security forces of South Africa or for other 
military use. 
^ 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1105 
President of U.S. 
Exports. 
22 u s e 5068. 
(c) The President shall prepare and submit to Congress every six President of U.S. 
months a report describing any license issued pursuant to subsec- Reports, 
tion (b). 
MUNITIONS LIST SALES, NOTIFICATION 
SEC. 318. (a) Notwithstanding any other provision of this Act, the 
President shall: 
(i) notify the Congress of his intent to allow the export to 
South Africa any item which is on the United States Munition 
List and which is not covered by the United Nations Security 
Council Resolution 418 of November 4,1977, and 
(ii) certify that such item shall be used solely for commercial 
purposes and not exported for use by the armed forces, police, or 
other security forces of South Africa or for other military use. 
(b) The Congress shall have 30 calendar days of continuous session 
(computed as provided in section 906(b) of title 5, United States 
Code) to disapprove by joint resolution of any such sale. 
Congress. 
PROHIBITION ON IMPORTATION OF SOUTH AFRICAN AGRICULTURAL 
PRODUCTS AND FOOD 
SEC. 319. Notwithstanding any other provision of law, no: 
(1) agricultural commodity, product, byproduct of derivitive 22 USC 5069. 
thereof, 
(2) article that is suitable for human consumption, that is a 
product of South Africa may be imported into the customs 
territory of the United States after the date of enactment of this 
Act. 
PROHIBITION ON IMPORTATION OF IRON AND STEEL 
SEC. 320. Notwithstanding any other provision of law, no iron or 22 USC 5070. 
steel produced in South Africa may be imported into the United 
States. 
PROHIBITION ON EXPORTS OF CRUDE OIL AND PETROLEUM PRODUCTS 
SEC. 321. (a) No crude oil or refined petroleum product which is 22 USC 5071. 
subject to the jurisdiction of the United States or which is exported 
by a person subject to the jurisdiction of the United States may be 
exported to South Africa. 
(b) Subsection (a) does not apply to any export pursuant to a 
j 
contract entered into before the date of enactment of this Act. 
PROHIBITION ON COOPERATION WITH THE ARMED FORCES OF SOUTH 
AFRICA 
SEC. 322. No agency or entity of the United States may engage in 22 USC 5072. 
any form of cooperation, direct or indirect, with the armed forces of 
the Government of South Africa, except activities which are reason-
ably designed to facilitate the collection of necessary intelligence. 
Each such activity shall be considered a significant anticipated 
intelligence activity for purposes of section 501 of the National 
-
Security Act of 1947. 
50 USC 413. 
PROHIBITIONS ON SUGAR IMPORTS 
SEC. 323. (aXD Notwithstanding any other provision of law, no 
sugars, sirups, or molasses that are products of the Republic of 
22 USC 5073. 
100 STAT. 1106 
PUBLIC LAW 99-440—OCT. 2, 1986 
South Africa may be imported into the United States after the date 
of enactment of this Act. 
(2) The aggregate quantity of sugars, sirups, and molasses that— 
Philippines. 
(A) are products of the Philippines, and 
(B) may be imported into the United States (determined 
without regard to this paragraph) under any limitation imposed 
by law on the quantity of all sugars, sirups, and molasses that 
may be imported into the United States during any period of 
time occurring after the date of enactment of this Act, 
shall be increased by the aggregate quantity of sugars, sirups, and 
molasses that are products of the Republic of South Africa which 
may have been imported into the United States under such limita-
tion during such period if this section did not apply to such period. 
(b)(1) Paragraph (cXi) of headnote 3 of subpart A of part 10 of 
schedule 1 of the Tariff Schedules of the United States is amended— 
(A) by striking out "13.5" in the item relating to the Phil-
ippines in the table and inserting in lieu thereof "15.8", and 
(B) by striking out the item relating to the Republic of South 
Africa in the table. 
(2) Paragraph (c) of headnote 3 of subpart A of part 10 of schedule 
1 of the Tariff Schedules of the United States is amended by adding 
at the end thereof the following new subparagraph: 
"(iii) Notwithstanding any authority given to the United States 
Trade Representative under paragraphs (e) and (g) of this 
headnote— 
Philippines. 
"(A) the percentage allocation made to the Philippines under 
this paragraph may not be reduced, and 
"(B) no allocation may be made to the Republic of South 
Africa, 
in allocating any limitation imposed under any paragraph of this 
headnote on the quantity of sugars, sirups, and molasses described 
in items 155.20 and 155.30 which may be entered.". 
Tariff Schedules 
of the U.S. 
19 u s e 1202 and 
note. 
Philippines. 
TITLE IV—MULTILATERAL MEASURES TO UNDERMINE 
APARTHEID 
International 
agreements. 
22 u s e 5081. 
President of U.S. 
President of U.S. 
Reports. 
NEGOTIATING AUTHORITY 
SEC. 401. (a) It is the policy of the United States to seek inter-
national cooperative agreements with the other industrialized 
democracies to bring about the complete dismantling of apartheid. 
Sanctions imposed under such agreements should be both direct and 
official executive or legislative acts of governments. The net eco-
nomic effect of such cooperative should be measurably greater than 
the net economic effect of the measures imposed by this Act. 
(b)(1) Negotiations to reach international cooperative arrange-
ments with the other industrialized democracies and other trading 
partners of South Africa on measures to bring about the complete 
dismantling of apartheid should begin promptly and should be 
concluded not later than 180 days from the enactment of this Act. 
During this period, the President or, at his direction, the Secretary 
of State should convene an international conference of the other 
industrialized democracies in order to reach cooperative agreements 
to impose sanctions against South Africa to bring about the com-
plete dismantling of apartheid. 
(2) The President shall, not less than 180 days after the date of 
enactment of this Act, submit to the Congress a report containing— 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1107 
President of U.S. 
Federal 
Register, 
publication. 
(A) a description of United States efforts to negotiate multilat-
eral measures to bring about the complete dismantling of apart-
heid; and 
(B) a detailed description of economic and other measures 
adopted by the other industrialized countries to bring about the 
complete dismantling of apartheid, including an assessment of 
the stringency with which such measures are enforced by those 
countries. 
(c) If the President successfully concludes an international agree-
ment described in subsection (b)(1), he may, after such agreement 
enters into force with respect to the United States, adjust, modify, or 
otherwise amend the measures imposed under any provision of 
sections 301 through 310 to conform with such agreement. 
(d) Each agreement submitted to the Congress under this subsec-
tion shall enter into force with respect to the United States if (and 
only if)— 
(1) the President, not less than 30 days before the day on 
which he enters into such agreement, notifies the House of 
Representatives and the Senate of his intention to enter into 
such an agreement, and promptly thereafter publishes notice of 
such intention in the Federal Register; 
(2) after entering into the agreement, the President transmits President of U.S 
to the House of Representatives and to the Senate a document 
containing a copy of the final legal text of such agreement, 
together with— 
(A) a description of any administrative action proposed to 
implement such agreement and an explanation as to how 
the proposed administrative action would change or affect 
existing law, and 
(B) a statement of his reasons as to how the agreement 
serves the interest of United States foreign policy and as to 
why the proposed administrative action is required or 
appropriate to carry out the agreement; and 
(3) a joint resolution approving such agreement has been 
enacted within 30 days of transmittal of such document to the 
Congress. 
(e) It is the sense of the Congress that the President should 
instruct the Permanent Representative of the United States to the 
United Nations to propose that the United Nations Security Coun-
cil, pursuant to Article 41 of the United Nations Charter, impose 
measures against South Africa of the same type as are imposed by 
this Act. 
LIMITATION ON IMPORTS FROM OTHER COUNTRIES 
President of U.S. 
SEC. 402. The President is authorized to limit the importation into 
the United States of any product or service of a foreign country to 
the extent to which such foreign country benefits from, or otherwise 
takes commercial advantage of, any sanction or prohibition against 
any national of the United States imposed by or under this Act. 
President of U.S. 
22 u s e 5082. 
PRIVATE RIGHT OF ACTION 
SEC. 403. (a) Any national of the United States who is required by 
this Act to terminate or curtail business activities in South Africa 
may bring a civil action for damages against any person, partner-
ship, or corporation that takes commercial advantage or otherwise 
benefits from such termination or curtailment. 
Claims. 
Securities. 
22 u s e 5083. 
100 STAT. 1108 
PUBLIC LAW 99-440—OCT. 2, 1986 
(b) The action described in subsection (a) may only be brought, 
without respect to the amount in controversy, in the United States 
district court for the District of Columbia or the Court of Inter-
national Trade. Damages which may be recovered include lost prof-
its and the cost of bringing the action, including a reasonable 
attorney's fee. 
(c) The injured party must show by a preponderance of the 
evidence that the damages have been the direct result of defendant's 
action taken with the deliberate intent to injure the party. 
TITLE V—FUTURE POLICY TOWARD SOUTH AFRICA 
22 u s e 5091. 
President of U.S. 
Reports. 
President of U.S. 
Reports. 
Imports. 
Arms and 
munitions. 
Banks and 
banking. 
ADDITIONAL MEASURES 
SEC. 501. (a) It shall be the policy of the United States to impose 
additional measures against the Government of South Africa if 
substantial progress has not been made within twelve months of the 
date of enactment of this Act in ending the system of apartheid and 
establishing a nonracial democracy. 
(b) The President shall prepare and transmit to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate within twelve months of the date of 
enactment of this Act, and every twelve months thereafter, a report 
on the extent to which significant progress has been made toward 
ending the system of apartheid, including— 
(1) an assessment of the extent to which the Government of 
South Africa has taken the steps set forth in section 101(b) of 
this Act; 
(2) an analysis of any other actions taken by the Government 
of South Africa in ending the system of apartheid and moving 
toward a nonracial democracy; and 
(3) the progress, or lack of progress, made in reaching a 
negotiated settlement to the conflict in South Africa. 
(c) If the President determines that significant progress has not 
been made by the Government of South Africa in ending the system 
of apartheid and establishing a nonracial democracy, the President 
shall include in the report required by subsection (b) a recommenda-
tion on which of the following additional measures should be 
imposed: 
(1) a prohibition on the importation of steel from South 
Africa; 
(2) a prohibition on military assistance to those countries that 
the report required by section 508 identifies as continuing to 
circumvent the international embargo on arms and military 
technology to South Africa; 
(3) a prohibition on the importation of food, agricultural 
products, diamonds, and textiles from South Africa; 
(4) a prohibition on United States banks accepting, receiving, 
or holding deposit accounts from South African nationals; and 
(5) a prohibition on the importation into the United States of 
strategic minerals from South Africa. 
(d) A joint resolution which would enact part or all of the meas-
ures recommended by the President pursuant to subsection (c) shall 
be considered in accordance with the provisions of section 602 of this 
Act. 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1109 
President of U.S. 
Reports. 
Imports. 
22 u s e 5092. 
LIFTING OF PROHIBITIONS 
SEC. 502. (a) Notwithstanding any other provision of this Act, the 
President may lift any prohibition contained in this Act imposed 
against South Africa if the President determines, after six months 
from the date of the imposition of such prohibition, and so reports to 
Congress, that such prohibition would increase United States 
dependence upon any member country or observer country of the 
Council for Mutual Economic Assistance (C.M.E.A.) for the importa-
tion of coal or any strategic and critical material by an amount 
which exceeds by weight the average amounts of such imports from 
such country during the period 1981 through 1985. 
(b)(1) Not later than 30 days after the date of enactment of this 
Act, the Secretary of Commerce shall prepare and transmit to the 
Congress a report setting forth for each country described in subsec-
tion (a)— 
(A) the average amount of such imports from such country 
during the period of 1981 through 1985; and 
(B) the current amount of such imports from such country 
entering the United States. 
(2) Thirty days after transmittal of the report required by para- President of U.S. 
graph (1) and every thirty days thereafter, the President shall 
prepare and transmit the information described in paragraph (1)(B). 
Reports. 
STUDY OF HEALTH CONDITIONS IN THE 
HOMELANDS 
AFRICA 
AREAS OF SOUTH 
SEC. 503. The Secretary of State shall conduct a study to examine 
the state of health conditions and to determine the extent of starva-
tion and malnutrition now prevalent in the "homelands" areas of 
South Africa and shall, not later than December 1, 1986, prepare 
and transmit to the Speaker of the House of Representatives and the 
chairman of the Committee on Foreign Relations of the Senate a 
report setting forth the results of such study. 
Reports. 
22 u s e 5093. 
<} :S 
REPORT ON SOUTH AFRICAN IMPORTS 
SEC. 504. (a) Not later than 90 days after the date of enactment of 
this Act, the President shall submit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report on the extent to which the United 
States is dependent on the importation from South Africa o
f
— 
(1) chromium, 
(2) cobalt, 
(3) manganese, 
(4) platinum group metals, 
(5) ferroalloys, and 
(6) other strategic and critical materials (within the meaning 
of the Strategic and Critical Materials Stock Piling Act). 
(b) The President shall develop a program which reduces the 
dependence, if any, of the United States on the importation from 
South Africa of the materials identified in the report submitted 
under subsection (a). 
President of U.S. 
22 u s e 5094. 
50 u s e 98 et seq. 
President 
of U.S. 
STUDY AND REPORT ON THE ECONOMY OF SOUTHERN AFRICA 
SEC. 505. (a) The President shall conduct a study on the role of 
American assistance in southern Africa to determine what needs to 
President of U.S. 
eommerce and 
trade. 
Securities. 
Transportation. 
22 u s e 5095. 
100 STAT. 1110 
PUBLIC LAW 99-440—OCT. 2, 1986 
be done, and what can be done to expand the trade, private invest-
ment, and transport prospects of southern Africa's landlocked 
nations. 
President of U.S. 
(b) Not later than 180 days after the date of enactment of this Act, 
Reports. 
the President shall prepare and transmit to the chairman of the 
Committee on Foreign Affairs of the House of Representatives and 
the chairman of the Committee on Foreign Relations of the Senate a 
report setting forth the findings of the study conducted under 
subsection (a). 
President of U.S. 
22 use 5096. 
REPORT ON RELATIONS BETWEEN OTHER INDUSTRIALIZED DEMOCRACIES 
AND SOUTH AFRICA 
SEC. 506. (a) Not later than 180 days after the date of enactment of 
this Act, the President shall prepare and transmit to the Speaker of 
the House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate a report containing a detailed 
assessment of the economic and other relationships of other indus-
trialized democracies with South Africa. Such report shall be 
transmitted without regard to whether or not the President success-
fully concluded an international agreement under section 401. 
(b) For purposes of this section, the phrase "economic and other 
relationships" includes the same types of matters as are described in 
sections 201, 202, 204, 205, 206, 207, sections 301 through 307, and 
sections 309 and 310 of this Act. 
STUDY AND REPORT ON DEPOSIT ACCOUNTS OF SOUTH AFRICAN 
NATIONALS IN UNITED STATES BANKS 
22 use 5097. 
SEC. 507. (a)(1) The Secretary of the Treasury shall conduct a 
study on the feasibility of prohibiting each depository institution 
from accepting, receiving, or holding a deposit account from any 
South African national. 
(2) For purposes of paragraph (1), the term "depository institu-
tion" has the same meaning as in section 190t))(l) of the Federal 
12 use 461. 
Reserve Act. 
(b) Not later than 180 days after the date of enactment of this Act, 
the Secretary of the Treasury shall submit to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate a report detailing the findings of the 
study required by subsection (a). 
President of U.S. 
22 use 5098. 
STUDY AND REPORT ON THE VIOLATION OF THE INTERNATIONAL 
EMBARGO ON SALE AND EXPORT OF MILITARY ARTICLES TO SOUTH 
AFRICA 
SEC. 508. (a) The President shall conduct a study on the extent to 
which the international embargo on the sale and exports of arms 
and military technology to South Africa is being violated. 
(b) Not later than 179 days after the date of enactment of this Act, 
the President shall submit to the Speaker of the House of Represent-
atives and the chairman of the Committee on Foreign Relations of 
the Senate a report setting forth the findings of the study required 
by subsection (a), including an identification of those countries 
engaged in such sale or export, with a view to terminating United 
States military assistance to those countries. 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1111 
REPORT ON COMMUNIST ACTIVITIES IN SOUTH AFRICA 
SEC. 509. (a) Not later than 90 days after the date of enactment of 
this Act, the President shall prepare and transmit to the Speaker of 
the House of Representatives and the chairman of the Committee on 
Foreign Affairs of the House of Representatives and the chairman of 
the Committee on Foreign Relations of the Senate an unclassified 
version of a report, prepared with the assistance of the Director of 
the Central Intelligence Agency, the Director of the Defense Intel-
ligence Agency, the National Security Advisor, and other relevant 
United States Government officials in the intelligence community, 
which shall set forth the activities of the Communist Party in South 
Africa, the extent to which Communists have infiltrated the many 
black and nonwhite South African organizations engaged in the 
fight against the apartheid system, and the extent to which any 
such Communist infiltration or influence sets the policies and goals 
of the organizations with which they are involved. 
(b) At the same time the unclassified report in subsection (a) is 
transmitted as set forth in that subsection, a classified version of the 
same report shall be transmitted to the chairmen of the Select 
Committee on Intelligence of the Senate and of the Permanent 
Select Committee on Intelligence of the House of Representatives. 
President of U.S. 
Public 
information. 
22 u s e 5099. 
Classified 
information. 
PROHIBITION ON THE IMPORTATION OF SOVIET GOLD COINS 
SEC. 510. (a) No person, including a bank, may import into the 
United States any gold coin minted in the Union of Soviet Socialist 
Republics or offered for sale by the Government of the Union of 
Soviet Socialist Republics. 
(b) For purposes of this section, the term "United States" includes 
the States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, and any territory or possession of 
the United States. 
(c) Any individual who violates this section or any regulations 
issued to carry out this section shall be fined not more than five 
times the value of the rubles involved. 
Banks and 
banking. 
22 u s e 5100. 
Law 
enforcement 
and crime. 
ECONOMIC SUPPORT FOR DISADVANTAGED SOUTH AFRICANS 
SEC. 511 (a) Chapter 4 of part II of the Foreign Assistance Act of 
1961 is amended by adding at the end thereof the following new 
section: 
"SEC. 535. ECONOMIC SUPPORT FOR DISADVANTAGED SOUTH AFRI-
CANS.—(a)(1) Up to $40,000,000 of the funds authorized to be appro-
priated to carry out this chapter for the fiscal year 1987 and each 
fiscal year thereafter shall be available for assistance for disadvan-
taged South Africans. Assistance under this section shall be pro-
vided for activities that are consistent with the objective of a 
majority of South Africans for an end to the apartheid system and 
the establishment of a society based on non-racial principles. Such 
activities may include scholarships, assistance to promote the 
participation of disadvantaged South Africans in trade unions and 
private enterprise, alternative education and community develop-
ment programs. 
"(2) Up to $3,000,000 of the amounts provided in each fiscal year 
pursuant to subsection (a) shall be available for training programs 
for South Africa's trade unionists. 
Commerce and 
trade. 
Education. 
Community 
development. 
22 u s e 2346d. 
100 STAT. 1112 
PUBLIC LAW 99-440—OCT. 2, 1986 
Education. 
Reports. 
22 u s e 2346d 
note. 
Ante, p. 1111. 
"(b) Assistance provided pursuant to the section shall be made 
available notwithstanding any other provision of law and shall not 
be used to provide support to organizations or groups which are 
financed or controlled by the Government of South Africa. Noth-
ing in this subsection may be construed to prohibit programs which 
are consistent with subsection (a) and which award scholarships to 
students 
who 
choose 
to 
attend 
South 
African-supported 
institutions.". 
(b) Not later than 90 days after the date of enactment of this Act, 
the Secretary of State shall prepare and transmit to the Congress a 
report describing the strategy of the President during the five-year 
period beginning on such date regarding the assistance of black 
Africans pursuant to section 535 of the Foreign Assistance Act of 
1961 and describing the programs and projects to be funded under 
such section. 
REPORT ON THE AFRICAN NATIONAL CONGRESS 
22 use 5101. 
SEC. 512. (a) Not later than 180 days after the date of enactment of 
this Act, the Attorney General shall prepare and transmit to the 
Congress a report on actual and alleged violations of the Foreign 
22 use 611. 
Agents Registration Act of 1938, and the status of any investigation 
pertaining thereto, by representatives of governments or opposition 
movements in Subsaharan Africa, including, but not limited to, 
members or representatives of the African National Congress. 
(b) For purposes of conducting any investigations necessary in 
order to provide a full and complete report, the Attorney General 
shall have full authority to utilize civil investigative demand proce-
dures, including but not limited to the issuance of civil subpenas. 
TITLE VI—ENFORCEMENT AND ADMINISTRATIVE 
PROVISIONS 
President of U.S. 
Regulations. 
22 u s e 5111. 
50 u s e 1701 
note. 
50 u s e 1701 
note. 
REGULATORY AUTHORITY 
SEC. 601. The President shall issue such rules, regulations, li-
censes, and orders as are necessary to carry out the provisions of 
this Act, including taking such steps as may be necessary to con-
tinue in effect the measures imposed by Executive Order 12532 of 
September 9, 1985, and Executive Order 12535 of October 1, 1985, 
and by any rule, regulation, license, or order issued thereunder (to 
the extent such measures are not inconsistent with this Act). 
CONGRESSIONAL PRIORITY PROCEDURES 
22 use 5112. 
SEC. 602. (a)(1) The provisions of this subsection apply to the 
consideration in the House of Representatives of a joint resolution 
under sections 311(b), 401(d), and 501(d). 
(2) A joint resolution shall, upon introduction, be referred to the 
Committee on Foreign Affairs of the House of Representatives. 
(3)(A) At any time after the joint resolution placed on the appro-
priate calendar has been on that calendar for a period of 5 
legislative days, it is in order for any Member of the House (after 
consultation with the Speaker as to the most appropriate time for 
the consideration of that joint resolution) to move that the House 
resolve itself into the Committee of the Whole House on the State of 
the Union for the consideration of that joint resolution. The motion 
is highly privileged and is in order even though a previous motion to 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1113 
the same effect has been disagreed to. All points of order against the 
joint resolution under clauses 2 and 6 of Rule XXI of the Rules of the 
House are waived. If the motion is agreed to, the resolution shall 
remain the unfinished business of the House until disposed of. A 
motion to reconsider the vote by which the motion is disagreed to 
shall not be in order. 
(B) Debate on the joint resolution shall not exceed ten hours, 
which shall be divided equally between a Member favoring and a 
Member opposing the joint resolution. A motion to limit debate is in 
order at any time in the House or in the Committee of the Whole 
and is not debatable. 
(C) An amendment to the joint resolution is not in order. 
(D) At the conclusion of the debate on the joint resolution, the 
Committee of the Whole shall rise and report the joint resolution 
back to the House, and the previous question shall be considered as 
ordered on the joint resolution to final passage without intervening 
motion. 
(b)(1) The provisions of this subsection apply to the consideration 
in the Senate of a joint resolution under section 311(b), 401(d), or 
501(d). 
(2) A joint resolution shall, upon introduction, be referred to the 
Committee on Foreign Relations of the Senate. 
(3) A joint resolution described in this section shall be considered 
in the Senate in accordance with procedures contained in para-
graphs (3) through (7) of section 8066(c) of the Department of De-
fense Appropriations Act, 1985 (as contained in Public Law 98-473), 
98 Stat. 1935. 
except that— 
(A) references in such paragraphs to the Committee on Appro-
priations of the Senate shall be deemed to be references to the 
Committee on Foreign Relations of the Senate; and 
(B) amendments to the joint resolution are in order. 
(c) For purposes of this subsection, the term "joint resolution" 
means only— 
(A) in the case of section 311(b), a joint resolution which is 
introduced in a House of Congress within 3 legislative days after 
the Congress receives the report described in section 311(b) and 
for which the matter after the resolving clause reads as follows: 
"That the Congress, having received on 
the report of 
the President containing the determination required by section 
311(b) of the Comprehensive Anti-Apartheid Act of 1986, dis-
approves of such determination.", with the date of the receipt of 
the report inserted in the blank; 
(B) in the case of section 401(d)(3), a joint resolution which is 
introduced in a House of Congress within 3 legislative days after 
the Congress receives the document described in section 
401(d)(2) and for which the matter after the resolving clause 
reads as follows: "That the Congress, having received on 
the text of the international agreement described in 
section 401(d)(3) of the Comprehensive Anti-Apartheid Act of 
1986, approves of such agreement.", with the date of the receipt 
of the text of the agreement inserted in the blank; and 
(C) in the case of section 501(d), a joint resolution which is 
introduced in a House of Congress within 3 legislative days after 
the Congress receives the determination of the President pursu-
ant to section 501(c) and for which the matter after the resolv-
ing clause reads as follows: "That the Congress, having received 
on 
a determination of the President under section 
100 STAT. 1114 
PUBLIC LAW 99-440—OCT. 2, 1986 
501(c) of the Comprehensive Anti-Apartheid Act of 1986, ap-
proves the President's determination.", with the date of the 
receipt of the determination inserted in the blank. 
(d) As used in this section, the term "legislative day" means a day 
on which the House of Representatives or the Senate is in session, as 
the case may be. 
(e) This section is enacted— 
(1) as an exercise of the rulemaking powers of the House of 
Representatives and the Senate, and as such it is deemed a part 
of the Rules of the House and the Rules of the Senate, respec-
tively, but applicable only with respect to the procedure to be 
followed in the House and the Senate in the case of joint 
resolutions under this section, and it supersedes other rules 
only to the extent that it is inconsistent with such rules; and 
(2) with full recognition of the constitutional right of the 
House and the Senate to change their rules at any time, in the 
same manner, and to the same extent as in the case of any other 
rule of the House or Senate, and of the right of the Committee 
on Rules of the House of Representatives to report a resolution 
for the consideration of any measure. 
ENFORCEMENT AND PENALTIES 
President of U.S. 
SEC. 603. (a)(1) The President with respect to his authorities under 
22 use 5113. 
section 601 shall take the necessary steps to ensure compliance with 
the provisions of this Act and any regulations, licenses, and orders 
issued to carry out this Act, including establishing mechanisms to 
monitor compliance with this Act and such regulations, licenses, 
and orders. 
Records. 
(2) In ensuring such compliance, the President may— 
Reports. 
(A) require any person to keep a full record of, and to furnish 
under oath, in the form of reports or otherwise, complete 
information relative to any act or transaction described in this 
Act either before, during, or after the completion thereof, or 
relative to any interest in foreign property, or relative to any 
property in which a foreign country or any national thereof has 
or has had any interest, or as may be otherwise necessary to 
enforce the provisions of this Act; and 
(B) conduct investigations, hold hearings, administer oaths, 
examine witnesses, receive evidence, take depositions, and re-
quire by subpena the attendance and testimony of witnesses and 
the production of all books, papers, and documents relating to 
any matter under investigation, 
(b) Except as provided in subsection (d)— 
(1) any person that violates the provisions of this Act, or any 
regulation, license, or order issued to carry out this Act shall be 
subject to a civil penalty of $50,000; 
(2) any person, other than an individual, that willfully vio-
lates the provisions of this Act, or any regulation, license, or 
order issued to carry out this Act shall be fined not more than 
$1,000,000; 
(3) any individual who willfully violates the provisions of this 
Act or any regulation, license, or order issued to carry out this 
Act shall be fined not more than $50,000, or imprisoned not 
more than 10 years, or both; and 
(4) any individual who violates section 301(a) or any regula-
tions issued to carry out that section shall, instead of the 
PUBLIC LAW 99-440—OCT. 2, 1986 
100 STAT. 1115 
penalty set forth in paragraph (2), be fined not more than 5 
times the value of the krugerrands or gold coins involved. 
(c)(1) Whenever a person commits a violation under subsec-
tion (b)— 
(A) any officer, director, or employee of such person, or any 
natural person in control of such person who knowingly and 
willfully ordered, authorized, acquiesced in, or carried out the 
act or practice constituting the violation, and 
(B) any agent of such person who knowingly and willfully 
carried out such act or practice, 
shall be fined not more than $10,000, or imprisoned not more than 5 
years, or both. 
(2) Paragraph (1) shall not apply in the case of a violation by an 
individual of section 301(a) of this Act or of any regulation issued to 
carry out that section. 
(3) A fine imposed under paragraph (1) on an individual for an act 
or practice constituting a violation may not be paid, directly or 
indirectly, by the person committing the violation itself. 
(d)(1) Any person who violates any regulation issued under section Reports 
208(d) or who, in a registration statement or report required by the 
Secretary of State, makes any untrue statement of a material fact or 
omits to state a material fact required to be stated therein or 
necessary to make the statements therein not misleading, shall be 
subject to a civil penalty of not more than $10,000 imposed by the 
Secretary of State. The provisions of subsections (d), (e), and (f) of 
section 11 of the Export Administration Act of 1979 shall apply with 
respect to any such civil penalty. 
(2) Any person who commits a willful violation under paragraph 
(1) shall upon conviction be fined not more than $1,000,000 or 
imprisoned not more than 2 years, or both. 
(3) Nothing in this section may be construed to authorize the 
imposition of any penalty for failure to implement the Code of 
Conduct. 
50 u s e app. 
2410. 
Ante, p. 1097. 
APPLICABILITY TO EVASIONS OF ACT 
SEC. 604. This Act and the regulations issued to carry out this Act 22 USC 5114. 
shall apply to any person who undertakes or causes to be under-
taken any transaction or activity with the intent to evade this Act 
or such regulations. 
CONSTRUCTION OF ACT 
SEC. 605. Nothing in this Act shall be construed as constituting 22 USC 5115. 
any recognition by the United States of the homelands referred to in 
this Act. 
STATE OR LOCAL ANTI-APARTHEID LAWS, ENFORCE 
SEC. 606. Notwithstanding section 210 of Public Law 99-349 or any 22 USC 5116. 
other provision of law— 
Ante, p. 149. 
(1) no reduction in the amount of funds for which a State or 
local government is eligible or entitled under any Federal law 
may be made, and 
100 STAT. 1116 
PUBLIC LAW 99-440—OCT. 2, 1986 
Contracts. 
(2) no Other penalty may be imposed by the Federal 
Government, 
by reason of the application of any State or local law concerning 
apartheid to any contract entered into by a State or local govern-
ment for 90 days after the date of enactment of this Act. 
^ ' - ' 
" 
' ' 
THOMAS S. FOLEY 
Speaker pro tempore. 
STROM THURMOND 
President of the Senate pro tempore. 
IN THE HOUSE OF REPRESENTATIVES, U.S., 
September 29, 1986. 
The House of Representatives having proceeded to reconsider the bill (H.R. 4868) 
entitled "An Act to prohibit loans to, other investments in, and certain other activities 
with respect to. South Africa, and for other purposes", returned by the President of 
the United States with his objections, to the House of Representatives, in which it 
originated, it was 
Resolved, That the said bill pass, two-thirds of the House of Representatives 
agreeing to pass the same. 
BENJAMIN J. GUTHRIE 
Clerk. 
I 
certify 
that 
this 
Act 
originated 
in 
the 
House 
of 
Representatives. 
BENJAMIN J. GUTHRIE 
Clerk. 
IN THE SENATE OF THE UNITED STATES, 
October 2 (legislative day, September 24), 1986. 
The Senate having proceeded to reconsider the bill (H.R. 4868) entitled "An Act to 
prohibit loans to, other investments in, and certain other activities with respect to, 
South Africa, and for other purposes", returned by the President of the United States 
with his objections, to the House of Representatives, in which it originated, and passed 
by the House of Representatives on reconsideration of the same, it was 
Resolved, That the said bill pass, two-thirds of the Senators present having voted in 
the affirmative. 
JO-ANNE L. COE 
Secretary. 
Tjti %o Hor'3:,MT«'-:aD 
LEGISLATIVE HISTORY—H.R. 4868 (S. 2701): 
"^ 
HOUSE REPORTS: No. 99-638, Pt. 1 (Comm. on Foreign Affairs) and Pt. 2 (Comm. on 
Ways and Means). 
SENATE REPORTS: No. 99-370 accompanying S. 2701 (Comm. on Foreign Relations). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
June 18, considered and passed House. 
Aug. 13, 14, S. 2701 considered in Senate. 
Aug. 15, S. 2701 considered in Senate; H.R. 4868 considered and passed Senate, 
amended. 
Sept. 12, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Oct. 2, Presidential veto message. 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Sept. 29, House overrode veto. 
Oct. 2, Senate overrode veto.