H.R. 1580

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91B00389R000400620009-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 58
• Document Creation Date: December 23, 2016
• Document Release Date: August 9, 2012
• Sequence Number: 9
• Publication Date: May 19, 1988
• Content Type: MISC

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100TH CONGRESS
2D SESSION
H. R. 1580
To prohibit investments in, and certain other activities with respect to, South
Africa, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1987
Mr. DELLUMS (for himself, Mr. ACKERMAN, Mr. ATKINS, Mr. BATES, Mr.
BONIOR of Michigan, Mr. BROWN of California, Mr. BERMAN, Mr. CLAY,
Mrs. COLLINS, Mr. CONTE, Mr. CONYERS, Mr. CROCKETT, Mr. DE LUGO,
Mr. DOWNEY of New York, Mr. DYMALLY, Mr. DYSON, Mr. EDWARDS of
California, Mr. EVANS, Mr. Espy, Mr. FAUNTROY, Mr. FLAKE, Mr. FOGLI-
ETTA, Mr. FORD of Tennessee, Mr. FRANK, Mr. GARCIA, Mr. GRAY Of Illi-
nois, Mr. GRAY of Pennsylvania, Mr. HOYER, Mr. HAWKINS, Mr. HAYES of
Illinois, Mr. JACOBS, Mr. KASTENMEIER, Mr. KOSTMAYER, Mr. LELAND,
Mr. LOWRY of Washington, Mr. LEVIN of Michigan, Mr. LEWIS of Georgia,
Mr. THOMAS A. LUKEN, Mr. MARTINEZ, Mr. MARKEY, Mr. MFUME, Mr.
MORRISON of Connecticut, Mr. OBERSTAR, Mr. OWENS of New York, Mr.
RANGEL, Mr. RAHALL, Mr. R?ODINO, Mr. SAVAGE, Mr. STARK, Mr.
STOKES, Mr. STUDDS, Mr. UDALL, Mr. WEISS, and Mr. WHEAT) introduced
the following bill; which was referred jointly to the Committees on Foreign
Affairs, Ways and Means, Armed Services, Banking, Finance and Urban
Affairs, Public Works and Transportation, and the Permanent Select Com-
mittee on Intelligence
MARCH 30, 1988
Additional sponsors: Mr. TRAXLER, Mr. MILLER of California, Mr. LEVINE Of
California, Mr. DIXON, Mr. COELHO, Mr. GEJDENSON, Mr. MINETA, Mr.
TOWNS, Mr. SIKORSKI, Mr. KENNEDY, MS. PELOSI, Mr. OWENS of Utah,
Mr. SOLARZ, Mr. MAVROULES, Mr. CAMPBELL, Mr. BRENNAN, Mr. WISE,
Mr. BUSTAMANTE, Mr. KILDEE, Mr. MATSUT, Mrs. SCHROEDER, Mr.
FAZIO, Mr. FEIGHAN, MS. OAKAR, Mr. WAXMAN, Mr. LANTOS, Mr. DON-
NELLY, Mr. DEFAzIO, Mr. TORRES, Mr. ST GERMAIN, Mrs. BOXER, Mr.
CARDIN, Mr. BORSKI, Mr. SABO, Mr. LEHMAN of Florida, Mr. PANETTA,
Mr. BRUCE, Mr. SCHEUER, Mr. AKAKA, Mr. MOAKLEY, Mrs. BOGGS, Mr.
SHAYS, and Mr. YATES
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A BILL
To prohibit investments in, and certain other activities with
respect to, South Africa, and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION ON INVESTMENTS IN SOUTH
AFRICA.
A United States person may not, directly or through a.
foreign affiliate of that United States person, make or hold
any investment in South Africa.
SEC. 2. PROHIBITION ON IMPORTS AND EXPORTS FROM
SOUTH AFRICA.
(a) IMPORTS.-Notwithstanding any other provision of
law, no article which is the growth, produce, or manufacture
of South Africa may be imported into the United States,
except for any strategic mineral with respect to which the
President certifies to the Congress that the quantities of such
mineral which are essential for military uses exceed reason-
ably secure domestic supplies and that substitutes for such
mineral are not available.
(b) EXPORTS.-
(1) GENERAL RULE.-No goods, technology, or
other information subject to the jurisdiction of the
United States may be exported to South Africa, and no
goods, technology, or other information may be export-
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1 ed to South Africa by any person subject to the juris-
2 diction of the United States. The prohibition contained
3 in this paragraph shall apply to goods, technology, or
4 other information of any kind, which is subject to con-
5 trols under the Export Administration Act of 1979, the
6 Arms Export Control Act, the Atomic Energy Act of
7 1954, or any other provision of law.
8 (2) EXCEPTION.-The prohibition contained in
9 paragraph (1) shall not apply to exports described in
10 section 6(g) of the Export Administration Act of 1979.
11 SEC. 3. PROHIBITION ON LANDING RIGHTS OF SOUTH AFRI-
12 CAN AIRCRAFT.
13 (a) PROHIBITION.-The Secretary of Transportation
14 shall prohibit the takeoff and landing of any aircraft by a
15 foreign air carrier owned, directly or indirectly, by the Gov-
16 ernment of South Africa or by South African nationals.
17 (b) EXCEPTIONS FOR EMERGENCIES.-The Secretary
18 of Transportation may provide for such exceptions from the
19 prohibition set forth in subsection (a) as the Secretary consid-
20 ers necessary to provide for emergencies in which the safety
21 of an aircraft or its crew or passengers is threatened.
22 (c) DEFINITIONS.-For purposes of this section, the
23 terms "aircraft" and "foreign air carrier" have the meanings
24 given those terms in section 101 of the Federal Aviation Act
25 of 1958.
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I SEC. 4. PROHIBITION ON IMPORTATION OF KRUGERRANDS.
2 No person may import into the United States any South
3 African krugerrand or any other gold coin minted in South
4 Africa or offered for sale by the Government. of South Africa.
5 SEC. 5. GOVERNMENT OF SOUTH AFRICA BANK ACCOUNTS.
6 No United States depository institution may accept, re-
7 ceive, or hold a deposit account from the Government of
8 South Africa or from any agency or entity owned or con-
9 trolled by the Government of South Africa except for such
10 accounts which may be authorized by the President for diplo-
11 matic or consular purposes. For purposes of the preceding
12 sentence, the term "depository institution" has the same
13 meaning as in section 19(b)(1) of the Federal Reserve Act.
14 S-EC. 67PROHIBITION ON UNITED STATES MILITARY-OR-IN=
15 TEI UGENCE COOPERATION-WITH GOVERN-
16 ENT OF SOUTH AFRICA.
17 (&)-MIL-ITARY-COOPEBATLON.=zNo-agency or_entity-of
18 trhe United States-may engage in any-form-of-cooperation,
19 direct or indirect, with th earmed-forces_of-.the--Gover-nmen
20 offSoutli Africa
21 (b)CINTELLIGENCE--COOPERATION.-og~n~y_ Or
22 entity-of the-United-States-involved-in-iritelligen~ ce_ac ivities
23 Cma --engage in an -form of cooperation; direct or in 'recta
24 witb-tbe Government of Soutll Africa..
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1 SEC. 7. LIMITATION ON IMPORTS FROM OTHER COUNTRIES.
2 The President is authorized to limit the importation into
3 the United States of any product or service of a foreign coun-
4 try to the extent to which such foreign country benefits from,
5 or otherwise takes commercial advantage of, any prohibition
6 imposed by or under this Act.
7 SEC. 8. ENFORCEMENT; PENALTIES.
8 (a) AUTHORITIES OF THE PRESIDENT.-The President
9 shall take the necessary steps to ensure compliance with the
10 provisions of this Act and any regulations, licenses, and
11 orders issued to carry out this Act, including establishing
12 mechanisms to monitor compliance with such provisions, reg-
13 ulations, licenses, and orders. In ensuring such compliance,
14 the President may conduct investigations, hold hearings, ad-
15 minister oaths, examine witnesses, receive evidence, take
16 depositions, and require by subpoena the attendance and tes-
17 timony of witnesses and production of all books, papers, and
18 documents relating to any matter under investigation.
19 (b) VIOLATIONS.-Any person that knowingly violates
20 the provisions of this Act or any regulation, license, or order
21 issued to carry out this Act shall-
22 (1) if other than an individual, be fined not more
23 than $500,000; and
24 (2) if an individual, be fined not more than
25 $250,000, or imprisoned not more than 5 years, or
26 both.
*HE 1580 Sc
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1 (c) ADDITIONAL PENALTIES FOR "CERTAIN INDrviD-
2 UALS.-
3 (1) IN GENERAL.-Whenever a person commits a
4 violation under subsection (b)-
5 (A) any officer, director, or employee of such
6 person, or any natural person in control of such
7 person who willfully ordered, authorized, acqui-
8 esced in, or carried out the act or practice consti-
9 tuting the violation, and
10 (B) any agent of such person who willfully
11 carried out such act or practice,
12 shall, upon conviction, be fined not more than
13 $250,000, or imprisoned not more than 5 years, or
14 both.
15 (2) RESTRICTION OF PAYMENT OF FINES.-A
16 fine imposed under paragraph (1) on an individual for
17 an act or practice constituting a violation may not be
18 paid, directly or indirectly, by the person committing
19 the violation itself.
20 (d) SEIZURE AND FORFEITURE OF AIRCRAFT.-Any
21 aircraft used in connection with a. violation of section 3 or
22 any regulation, license, or order issued to carry out that sec-
23 tion shall be subject to seizure by and forfeiture to the United
24 States. All provisions of law relating to the seizure, forfeit-
25 ure, and condemnation of articles for violations of the cus-
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1 toms laws, the disposition of such articles or the proceeds
2 from the sale thereof, and the remission or mitigation of such
3 forfeitures shall apply to the seizures and forfeitures incurred,
4 or alleged to have been incurred, under the provisions of this
5 subsection, insofar as such provisions of law are applicable
6 and not inconsistent with the provisions of this Act; except
7 that all powers, rights, and duties conferred or imposed by
8 the customs laws upon any officer or employee of the Depart-
9 went of the Treasury shall, for purposes of this subsection, be
10 exercised or performed by the Secretary of Transportation or
11 by such persons as the Secretary may designate.
12 SEC. 9. REGULATORY AUTHORITY.
13 The President may issue such regulations, licenses, and
14 orders as are necessary to carry out this Act.
15 SEC. 10. DEFINITIONS.
16 For purposes of this Act-
17 (1) UNITED STATES.-The term "United States"
18 includes the States of the United States, the District of
19 Columbia, the Commonwealth of Puerto Rico, and any
20 territory or possession of the United States.
21 (2) UNITED STATES PERSON.-The term "United
22 States person" means-
23 (A) any United States resident or national;
24 and
?HR 1580 SC
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1 (B) any partnership, corporation, or other
2 entity organized under the laws of the United
3 States or of any of the several States, of the Dis-
4 trict of Columbia, or of any commonwealth, terri-
5 tory, or possession of the United States.
6 (3) INVESTMENT IN SOUTH AFRICA.-The term
7 "investment in South Africa" means-
8 (A) a commitment of funds or other assets (in
9 order to earn a financial return) to the Govern-
10 ment of South Africa or to a business enterprise
11 located in South Africa or owned or controlled by
12 South African nationals, including-
13 (i) a loan or other extension of credit
14 made to the Government of South Africa or
15 to such a business enterprise, or security
16 given for the debts of the Government of
17 South Africa or such a business enterprise;
18 (ii) the beneficial ownership or control
19 of a share or interest in such a. business en-
20 terprise, or of a bond or other debt instru-
21 went issued by the Government- of South
22 Africa or such a business enterprise; or
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(iii) capital contributions in money or
24 other assets to such a business enterprise; or
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1 (B) the control of a business enterprise locat-
2 ed in South Africa or owned or controlled by
3 South African nationals, in cases in which sub-
4 paragraph (A) does not apply.
5 (4) SOUTH AFRICA.-The term "South Africa"
6 includes-
7 (A) the Republic of South Africa;
8 (B) Namibia and any other territory under
9 the administration, legal or illegal, of South
10 Africa; and
(C) the "bantustans" or "homelands", to
12 which South African blacks are assigned on the
13 basis of ethnic origin, including the Transkei, Bo-
-14 phuthatswana, Ciskei, and Venda.
15 (5) BUSINESS ENTERPRISE.-The term "business
16 enterprise" means any organization, association,
17 branch, or venture which exists for profitmaking pur-
18 poses or to otherwise secure economic advantage, and
19 any corporation, partnership, or other organization
20 which is owned or controlled by the Government of
21 South Africa.
22 (6) BRANCH.-The term "branch" means the op-
23 erations or activities conducted by a person in a. differ-
24 ent location in its own name rather than through a
25 separate incorporated entity.
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1 (7) FOREIGN AFFILIATE.-A "foreign affiliate" of
2 a United States person is a business enterprise .located
3 in a foreign country, including a branch, which is con-
4 trolled by that United States person.
5 (8) SOUTH AFRICAN NATIONAL.-The term
6 "South African national" means-
7 (A) a citizen of South Africa; and
8 (B) any partnership, corporation, or other
9 entity organized under the laws of South Africa.
10 (9) CONTROL BY SOUTH AFRICAN NATIONALS.-
11 For purposes of paragraphs (3) and (7), a business en-
12 terprise shall be presumed to be controlled by a United
13 States person or by South African nationals (as the
14 case may be) if-
15 (A) the United States person or. South Afri-
16 can nationals beneficially own or control (whether
17 directly or indirectly) more than 50 percent of the
18 outstanding voting securities of the business
19 enterprise;
20 (B) the United States person or South Afri-
21 can nationals beneficially own or control (whether
22 directly or indirectly) 25 percent or more of the
23 voting securities of the business enterprise, if no
24 other person owns or controls (whether directly or
25 indirectly) an equal or larger percentage;
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(C) the business enterprise is operated by the
United States person or South African nationals
pursuant to the provisions of an exclusive man-
agement contract;
(D) a majority of the members of the board
of directors of the business enterprise are also
members of the comparable governing body of the
United States person or a South African national;
(E) the United States person or South Afri-
can nationals have the authority to appoint a ma-
jority of the members of the board of directors of
the business enterprise; or
(F) the United States person or South Afri-
can nationals have the authority to appoint the
chief operating officer of the business enterprise.
SEC. 11. APPLICABILITY TO EVASIONS OF ACT.
This Act shall apply to any person who undertakes or
18 causes to be undertaken any transaction or activity with the
19 intent to evade the provisions of this Act or any regulation,
20 license, or order issued to carry out this Act.
21 SEC. 12. REPEAL OF COMPREHENSIVE ANTI-APARTHEID ACT
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OF 1986.
23 (a) REPEAL of ACT.-The Comprehensive Anti-Apart-
24 heid Act of 1986 (Public Law 99-440), and all regulations,
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1 licenses, and orders issued to carry out that Act, are hereby
2 repealed.
3 (b) REPEAL OF AMENDMENTS MADE BY THAT ACT.-
4 (1) Section 105(b) of the Foreign Assistance Act
5 of 1961 is amended-
6 (A) by striking out "(1)" after "(b)'"; and
7 (B) by striking out paragraph (2).
8 (2) Chapter 1 of part I of the Foreign Assistance
9 Act of 1961 is amended-
10 (A) in section 116-
11 (i) in subsection (e)(2)(A) by striking out
12 1984," and inserting in lieu thereof "1984
13 and";
14 (ii) in subsection (e)(2)(A) by striking out.
15 ", and $1,500,000 for the fiscal year 1986
16 and for each fiscal year thereafter"; and
17 (iii) by striking out subsection (f); and
18 (B) by striking out section 117.
19 (3) Chapter 4 of part II of the Foreign Assistance
20 Act of 1961 is amended by striking out section 535.
21 (4) Section 2(b)(9) of the Export-Import Bank Act
22 of 1945 is amended-
23 (A) by striking out "(9)(A) Except as proN id-
24 ed in subparagraph (B), in" and inserting in lieu
25 thereof "(9) In"; and
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1 (B) by striking out, subparagraph (B).
2 (c) TRANSITION PROVISION.-The repeal contained in
3 subsection (a) shall not affect any proceeding to impose a
4 penalty under section 603 of the Comprehensive Anti-Apart-
5 heid Act of 1986 for violations of that Act (or any regulation,
6 license or order issued to carry out that Act) occurring before
7 the date on which this Act takes effect.
8 SEC. 13. EFFECTIVE DATE.
9 This Act and the amendments made by this Act take
10 effect 180 days after the date of the enactment of this Act.
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1580SA
OCNMI= PRINT
4/21/88
SHOWING H.R. 1580, As AMENDED BY THE SUBCOMMITTEE ON AFRICA
AND THE SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY AND
. TRADE ON APRIL 20, 1988
Strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.
2 (a) SHORT TITLE.--This Act may be cited as the "Anti-
3 Apartheid Act Amendments of 1988".
4 (b) REFERENCE.--References in this Act to '~the Act" are
5 to the Comprehensive Anti-Apartheid Act of 1986.
6 (c) TABLE OF CONTENTS.--
Sec. 1. Short title; reference; table of contents.
Sec. 2. Prohibitions on investment and trade.
Sec. 3. Prohibition regarding involvement in the South
African energy sector.
Sec. 4. Prohibition on nuclear assistance_`toT South-Africa.
Sec. 5,-Pr-o-h-ibit on on-United -States intelligence and
.-------- ,ilitary coo eration
with South_A.f.r_ica.j
S.c. 6. Multilateral measures to undermine apartheid.
c. 7. South Africa sanctions office; inter-agency
tordinating committee on South Africa.
Sec. 8. 'ndependence of Namibia.
Sec. 9. .sport on program to reduce dependence upon
imp-'rtation of strategic minerals from South
Af: -!a.
Sec. 10. Assi~-ance for disadvantaged South Afr: ans.
Sec. 11. Sense of congress regarding antitrust i restigation
of South African diamond cartel and study of
diamond origins.
Sec. 12. Study of measures to reduce South Africa s foreign
exchange earnings from gold.
Sec. 13, Sense of congress regarding South African cons:lates
a7; n approval of visas.
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Sec.
14.
Penalties.
Sec.
15.
Technical
and conforming amendments.
Sec.
16.
Effective
date.
SEC.
2. PROHIBITIONS ON INVESTMENT AND TRADE.
2 (a) PROHIBITIONS ON INVESTMENT AND TRADE.--
3 (1) AMENDMENT.--Sections 301, 302, and 303 of the
4 Comprehensive Anti-Apartheid Act of 1986 (hereafter in
5 this Act referred to as 'the Act'') are amended to read
" SEC. 301. A United States person may not, directly or
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9 through another person, purchase, acquire, own, or hold any
10 investment in South Africa.
11 PROHIBITION ON IMPORTS INTO THE UNITED STATES FROM SOUTH
12 -AFRICA
13 SEC. 302. (a) No article which is grown, produced,
14 extracted, or manufactured in South Africa may be imported
15 into the United States.
16 (b) The prohibition of subsection (a) shall not apply
17 to the import of--
PROHIBITION ON INVESTMENT IN SOUTH AFRICA
1%
e (1) any strategic mineral (including any ferroalloy
19 thereof) with respect-.to which the President certifies to
20 the Congress that the-quantities of such mineral. which
21 are essential for the economy or defense of the United
22 States are not available from alternative reliable
23 suppliers and that such needs cannot be met in a timely
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manner by improved manufacturing processes, conservation,
2 recycling, and economical substitution; and
3 (2) publications.
4 (c) The prohibition under subsection (a) includes--
5 (1) uranium hexafluoride that has been manufactured
6 from South African uranium or uranium oxide; and
(2) fish or seafood--
(A) purchased from a ship owned by a South
9 African or of South African registry;
(B) purchased from a South African;
11 (C) processed in whole or part by a South
12 African ship or person; or
13 (D) stored in or shipped from South Africa.
14 PROHIBITION OF EXPORTS TO SOUTH AFRICA FROM THE UNITED
15 STATES
16 ''SEC. 303. (a) No goods' or technology subject to the
17 jurisdiction of the United-,States may be exported, or re-
18 exported, to South Africa. No goods or technology may be
19 exported, or re-exported, to South Africa by any person
20 subject to the jurisdiction of the United States.
21 (b) The prohibitions -under subsection (a) shall not
22 apply to--
23 (1) publications; and
C 24 (2) donations of articles intended to relieve human.
25 suffering, such as food, clothing, and medicine and
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medical supplies intended strictly for medical purposes.
(c) The prohibitions under subsection (a) shall not
3 apply to any goods that are the direct product of
4 technology of United States origin under a written
5 agreement entered into on or before April 20, 1988, and
6 that are exported prior to the date which is one year
7 after the date of the enactment of the Anti-Apartheid Act
8 Amendments of 1988.
I ~
9 (d) The prohibitions under subsection (a) shall not
10 apply to--
1.
(1) economic assistance or human rights programs
O 12 for disadvantaged South Africans, South African. blacks or
13 other nonwhite South Africans, or victims of apartheid in
14 South Africa pursuant to the Foreign Assistance Act of
15 1961, the Export-import Bank Act of 1945, or any other
16 provision of law authorizing economic or human rights
17 assistance programs; and
18 - (2) contributions to charitable organizations
19 engaged in social welfare, public health, religious,
20 educational, and emergency relief activities in South
21 Africa.".
22 (2) EFFECTIVE DATE.--
23 (A) The amendments made by paragraph (1) shall
24 take effect-180 days after the date of the enactment
25 of this Act.
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(B) A person affected by the -rohibition under
2 section 301 of the Comprehensive Anti-Apartheid Act
3 of 1986 (as amended by this section) may apply to the
4 President for a one-time waiver of the prohibition.
5 With respect to any applicant, the President may
6 waive the application of section 301 for not more
7 than 180 days after such section takes effect. Such
8 waiver may be granted only for good cause. During any
9 period of waiver under this subparagraph, the
10 provisions of the Comprehensive Anti-Apartheid Act of
it 1986 as in effect before the date of the enactment of
12 the Anti-Apartheid Act Amendments of 1988 shall apply
13 and the President may not waive any such provision.
14 (b) REPEAL OF CERTAIN PROVISIONS OF THE ACT.--Effective
15 180 days after the. date of the enactment of this Act, the
16 Comprehensive Anti-Apartheid. Act of 1986 is amended by
17 striking sections 212, 304-, 309, 310, 317, 318, 319, 320,
18 321, and 323.
19 (c) DEFINITIONS.--
20 (1) Paragraphs (3) and (4) of section 3 of the Act
21 are amended to read as follows:
22 (3) the term ''l.oan"--
23 (A) means any transfer or extension of funds or
24 credit on the basis of an obligation to repay, or any
25 assumption or guarantee of the obligation of another
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1 to repay an extension of funds or credit, including--
11(i) overdrafts;
{ii) currency swaps;
1. (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;
I .
(iv) the purchase of a loan made by another
10 - (v) the sale of financial assets subject
an agreement to repurchase;
12 (vi) a renewal or refinancing whereby funds
Government of South Africa or a South African
15 entity;
(vii) short-term trade financing, as by
17 letters of credit or similar trade credits;
18 (viii) sales on open account in cases where
such sales are normal business practice; and
(ix) rescheduling of existing loans; and
(B) does not include, a loan for which an
22 agreement was entered into before April 20, 1988, so
23 long as such a loan is maintained under the terms in
24 effect on such date.
25 ~~(4) the term 'investment in South Africa' means--
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(A) a commitment of funds or other assets (in
2
order to earn a financial return) to a South African
3
entity, including-
(i) a loan or other extension of credit
made to a South African entity, or security given
for the debts of an entity;
(ii) the beneficial ownership or control of
a share or interest in a South African entity, or
of a bond or other debt instrument issued by such,
an entity; or
(iii) capital contributions in money or
12
other assets to a South African entity; or
13
''(B) the control of a South African entity in
14 cases in which subparagraph
(A)
does not apply.''.
15 (2) Section 3 of the Act is further amended by--
(A) striking
and after the semicolon in
paragraph (8)(B);
(B) striking the period at the end of paragraph
19
(9) and inserting a semicolon; and
20
(C) adding at the -end of such section the
21
following:
22
''(10) the term
person subject to the jurisdiction
23
of the United States
includes--
24
(A) any person, wherever located, who is a
25
citizen or resident of the United States;
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1 (B) any person actually within the United
2 States;
(C) any corporation organized. under the laws of
4 the United States or of any State, territory,
5 possession, or district of the United States; and
6 (D) any partnership, association, corporation,
7 or other organization, wherever organized or doing
8 business, that is owned or controlled by persons
9 specified in subparagraphs (A), (B), or (C) of this
10 paragraph;
11 (11) the terms -goods and 'technology' have the
12 meanings given such terms by section 16 of the Export
13 Administration Act of 1979; and
14 '(12) the term 'goods subject to the jurisdiction of
15 the United States includes goods that are the direct
16 product of technology of United States origin.
17 (d) NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS REGARDING
18 TERMINATION OF INVESTMENT.--A controlled South African
19 entity, subject to the investment prohibition under section
20 301 of the Comprehensive Anti-Apartheid Act of 1986 (as
21 amended by subsection (a))., that employs more than 24 South
22 Africans--
23 (1) shall notify all South African employees and
24 their employee organizations of such termination of
25 investment not less than 90 days prior to such
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termination; and
2 (2) shall enter into good faith negotiations with
3 representative trade unions (or, if there are no such
4 unions, with other representative worker organizations)
5 regarding the terms of a termination.
6 Negotiations shall include discussions and agreements
7 concerning pension benefits; relocation of employees;
8 continuation of existing union recognition agreements;
9 severence pay; and acquisition of the terminated business or
10 the business assets by representative trade unions, union-
11 sponsored workers trusts,,other representative worker
12 organizations, or employees.
13 SEC. 3. PROHIBITION REGARDING INVOLVEMENT IN THE SOUTH
14 AFRICAN ENERGY SECTOR.
15 The Act is amended by adding after section 303 (as
16 amended by section 2 of this Act) the followinc new section
17 304:
18 ''RESTRICTIONS REGARDING INVOLVEMENT IN THE SOUTH AFRICAN
19 ENERGY SECTOR
20 ''SEC.'304. (a) A United States person may not, directly
21 or through an affiliate, provide transport to South Africa of
22 a commercial quantity of crude oil or refined petroleum
23 products. The prohibition under this subsection includes
24 transport on a vessel of United States recistrv and transport
25 on a vessel owned, directly or indirectly, by a United States
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1 person.
2 (b)(1) The Secretary of the Interior may not issue any
3 lease or permit pursuant to the Mineral Leasing Act of 1920,
4 the Mineral Leasing Act for Acquired Lands, the Outer
5 Continental Shelf Lands Act, or the Geothermal Steam Act of
6 1970 to any national of the United States which is controlled
7 by, or under common control with, any foreign person who--
11 (A) purchases, acquires, owns, or. holds any
9 investment in South Africa; or
10 `(B) exports to South Africa, directly or
11 indirectly, any crude oil or refined petroleum products.
12 (2) Prior to issuing any lease or permit referred to in
13 paragraph (1), the Secretary of the Interior shall require an
14 applicant for such a lease or permit to certify that the
15 applicant is not subject to'the provisions of paragraph
17 SEC. 4. PROHIBITION ON NUCLEAR ASSISTANCE TO SOUTH AFRICA.
19 ''PROHIBITION ON NUCLEAR ASSISTANCE TO SOUTH AFRICA
20 "SEC. 307. Notwithstanding any other provision of law,
21 the Secretary of Energy shall not, under section 57b.(2) of
22 the Atomic Energy Act, authorize any person to engage,
23 directly or indirectly, in the production of special nuclear
24 material in South Africa.
25 'tEC.-S: PROHIBIT"I"ON-ON`UN~TED__STFiTES_.-INTELL?IGENCE-- AND/
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II-TAR Y 000PERAT10N-W-I-TH-SOUTH AFRO ICA7.
2 h-e Ac`t rs ame-n-d-e-d-by s -3.kn,c-s-e-c-t c-n -3,2'2-and-=a( a7
oaf -e_r-sec-t-ion":_30-8- the..-f-oi-l-owrng--new se'ct-nor.
4'. H-I~ $I T I?0 N-D N'= U NI`T E D -S T=A T E S- I-N-T E'L L- I-'G'E N-C E-A-N D-M-i-L-I T A-R
f rm of??cooperaton, dr-ec-t or indZee with-theGovernment-~
C'00_P_ERAT I-ON-W-I-T-H--SOUTH-AFR_T CA`;
6 LS_E_C_, :3-0-9. ( a-)-(1)--No-ag-ency_o_r-ent-z t.y--.of_the_Un- -tec
7 ~ ta-t-e-s--invtiived in intelligence-act-iv-i.t.ies_may e.ngage--in~any
9 oSouth~Af_r_i_ca-(-specfeal-1y i~-~c? t~dnq-t'ze~a_u-tho_r_i.ties
10 admi-nT _r_i ng,Na-m-i=d=i-a- so-i-ong-a s.T-Nan4~:o i a n i s-.zi l? e(ga l l.y-?_,
11 occupied) . The copperat.io_n._p.r-o-h-ibi-t:ed-b -is_subse_cir
12 spec i-f i c a Z l y includes any a c t i v i t y_e_i g-?t-o-t-h-e--c o i t e-ct-i-o-n,
13 of Il^ iligence, inc_lua ng-the-exc:.ange-of- n-te11-i-ge_nc-e
14 to -11, Y e d i r c -t 1 y o r t h r: o_u gn a- t h-i-r.d _c ou nor y.
b)--No-ag e n c y o r e - n ` t ' i t t y--o-f t-ae-U n-i -e S t a t e s e s may e n-c a-c-e
16form-of~?coopelra~io cl'isect cr ind'i:ec~; wiLhne
18 (o-e) Fu-nd-s autrorized-t-o--be-aopr.op-r_iared-or-o-the_w ,e
19 ma-de-auaia-ble--b,y--t`he Congress (imeluding--furias spec-ified-in
ar-med ?.o-r=ce-s of-f'tie Government of South Africa`
20 classified-schedule of_au-thv"r-i-zations-or appr-opr-i-a-ti-ons)
21 may-no-t-be obligated _expended_.by an-y-agency-o-r-ent ty-
of
22 th-e-U.n i t e-d S-tat=e s"~f -o r~-an v-e-x r e-n-s a-s -re l a t e d to any o o g e r a t i o n
23 pro-h-b-i-tea-by this section.
24 (rd-)-Consistent with.mothe-cb ec ves-e`--t'_-~-i-s-se-ct on tt,h-e
U 25 Pr-e-! dent shou17dnot--
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( 1;)- ass ign--or-ce _a gray nem-b-~e r of-t e nit-ems
2 S-t a t es A r-m e-d -o-r-c-e-s-t-o-s-e-r-v a s., _,o rf g o t h.e r w i s e p e r t oo r ~ f e
3 f unct-ron-s-o-f _a = d-e-f-e nsse-(o r-military,)-a t t a c h e_i n_S oiI? J
4 /A-f-r i ca-;-o-r
5 ~ (,2.)-accredit~anyrindividual~to~serve-as?, or
6 ot-h-e-rwis-e-pe r f-o r=m- h e f u-n c i-o.n-s -o-f , a-d o f e-nss-e-(-oor
7 m.li y)~attache~at~a'~So_uth_Af.r.i_can_diplomate mi-ss-ib
8 in the United-States.
i0 (a) NEGOTIATING AUTHORITY.--
11
(1) Section 401(b) (1) of the Act is amended to read
13 (b)(1) The President, or at his direction, the
14 Secretary of State, shall, consistent with the policy under
15 subsection (a), confer with the other industrialized
16 democracies in order to reach cooperative agreements to
17 impose sanctions against South Africa to bring about the
18 complete dismantling of apartheid.
19 (2) Section 401(b)(2) of the Act is. amended by
20 strik"ina ' this Act,'' and inserting ' ' the Anti-Apartheid
21 Act Amendments of 1988',.
22 (b) UNITED NATIONS SANCTIONS.--Section 401(e) of the Act
23 is amended by striking It is the sense of the Congress that
24 the President should' and inserting *'The - President sha_1'
25 (c) LIMITATION ON IMPORTS FROM AND CONTRACTING WITH
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-i'
1 CERTAIN FOREIGN PERSONS --Section 402 of the Act is amended
2 to read as follows:
fl
3 LIMITATION ON IMPORTS FROM AND CONTRACTING WITH CERTAIN
4 FOREIGN PERSONS
5 "SEC. 402. (a) To the extent that a foreign person takes
6 significant commercial advantage of--
I ~
(1) any sanction or prohibition imposed by or under
8 this Act, or
'.
(2) any sanction or prohibition of another
i0 industrialized democracy which is comparable to, and
it increases the efficacy of, United States sanctions and
12 prohibitions under this Act,
13 the President shall impose not less than one of the penalties
14 under subsection (b).
(b) The penalties which the President may impose under
i6 subsection (a) are:
- (1) Limit the importation into the United States of
18 any product or service of the foreign person.
1
(2) Restrict the foreign person from contracting
20 with departments, agencies, and instrumentalities of the
21 United States Government..'.
22
23 [AN AMENDMENT STRIKING THE FOLLOWING SECTION WAS DEFEATED
24 BY THE SUBCOMMITTEE ON AFRICA AND AGREED TO BY THE
25 SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY AND TRADE
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i4
SEC. 7. OFFICE OF SOUTH AFRICA SANCTIONS; INTER-AGENCY
COORDINATING COMMITTEE ON SOUTH AFRICA.
3 The Act is amended by adding after section 606 the
4 following new sections:
5 OFFICE OF SOUTH AFRICA SANCTIONS.
6 ''SEC. 607.(a) There is established within the Department
7 of State an Office of South Africa Sanctions which shall be
8 responsible to the Secretary of State for matters pertaining
9 to the implementation of sanctions against South Africa, in
~0 accordance with the provisions of this subsection.
11 (b) The Secretary of State, through the Office of South
12 Africa Sanctions, shall--
13 11(1) lead and coordinate all executive agency
14 activities concerning monitoring of compliance with, and
15 enforcement of, this Act;
16 (2) lead and coordinate monitoring by aDDroDriate
17 executive agencies of other countries' trade and
i8 financial flows with South Africa (including economic
19 relations which may undermine the effects of United
20 States sanctions);
21 '(3) assist the Department of Commerce, the
22 Department of the Treasury, and appropriate intelligence
23 and other agencies in carrying out the functions of such
24 agencies under paracraphs (1) and (2); and
25 (4) annually prepare and submit, on February 1 of
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1 each year after 1989, a comprehensive report to the
2 Congress which--
s (A) describes specific actions taken during the
4 preceding year by each affected executive agency to
5 monitor compliance with, and enforce, the provisions
of this Act;
(B) describes the trade and financial flows (by
commodity, activity, total volume, and value) during
the preceding year between South Africa and each of
its trading and financial partners, including
11 economic relations which may violate section 402 of
12 this Act;
(C) describes the resources utilized by the
14 office, the Department of State, and other executive
15 agencies in carrying out their functions under this
16 Act in the preceding year, including an evaluation
17 whether such resources were adequate; and
18 (E) provides any recommendations of the
19 Secretary of State for improving the effectiveness of
20 the office.
21 (c) In carrying out--the.functions under subsection (b),
22 the office shall place particular emphasis on activities
23 related to strategically important trade in oil, coal,
24 computers, specialized machinery and arms, and to financial
25 credits.
\ y
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16
1 (d) AUTHORIZATION OF APPROPRIATIONS1--There are
2 authorized to be appropriated' to carry out the provisions of
3 this section $500,000 for fiscal year 1989 and each
4 subsequent fiscal year.
5 INTER-AGENCY COORDINATING COMMITTEE ON SOUTH AFRICA
6 ''SEC. 608. (a) There is established an Inter-Agency
7 Coordinating Committee on South Africa. The Committee shall
8 coordinate and monitor implementation of this Act.
9 (b) The committee shall be
C11
composed
the Secretary of State,
the Secretary of the Treasury,
the Secretary of Defense,
the Secretary of Commerce,
the Secretary: of Agriculture,
the Attorney General,
the United States Trade Representative; and
such other heads of executive agencies with
18 functions under this Act as the President considers
19 appropriate.
20 The Secretary of State shall be the chairperson of the
21 committee.
22
23 SEC. 8. INDEPENDENCE OF NAMIBIA. 24 (a) ADDITIONAL MEASURE FOR TERMINATION OF CERTAIN
25 PROVISIONS OF THE ACT,--Section 311 of the Act is amended--
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{1) in subsection (a)--
2 (A) in paragraph '(4) by striking and after
4 (B) in paragraph (5) by striking the period and
' ' 1 1
5 inserting ; and;
6 (C) by adding after paragraph (5) the following
7 new paragraph:
8 11 (6) ends the illegal occupation of Namibia and
9 implements United Nations Resolution 435 which calls for
10 the independence of Namibia. and
ll (2) in subsection (b) by amending paragraph (2) to
12 read as follows:
13 '(2) taken four of the five actions listed in
14 paragraphs (2) through (6) of subsection (a), and.
15 (b) POLICY TOWARD THE GOVERNMENT OF SOUTH
to AFRICA.--Sectic.n 101 is amended--
1-7 (1) in paragraph (5) by striking and after the
18 semicolon;
19 (2) by striking the period at the end of paragraph
20 (6) and inserting and"'; and
21 (3) by adding after paragraph (6) the following new
22 paragraph (7):
23 ''(7) end South Africas illegal occupation of
24 Namibia and implement United Nations Resolution 435 which
25 calls for the establishment of an independent Namibia.''
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1 SEC. 9. REPORT ON PROGRAM TO REDUCE DEPENDENCE UPON
2 IMPORTATION OF STRATEGIC MINERALS FROM SOUTH
3 AFRICA.
4 Section 504(b) of the Act is amended by adding at the end
5 Not later than April 1, 1989, the President shall submit to
6 the Congress a report describing the program developed under
7 this subsection..
8 SEC. 10. ASSISTANCE FOR DISADVANTAGED SOUTH AFRICANS.
9 Section 535(a) of the Foreign Assistance Act of 1961 is
10 amended-
11 (1) by amending paragraph (1) to read as follows:
12 ''SEC. 535. ECONOMIC SUPPORT FOR DISADVANTAGED SOUTH
13 AFRICANS.--(a)(1) Up to $40,000,000 of the funds authorized
14 to be appropriated to carry out this chapter and any other
15 economic development assistance activities under the Foreign
16 Assistance Act of 1961, "'or the fiscal year 1989 and each
17 fiscal year thereafter, shall be available for assistance for
18 disadvantaged South Africans. Assistance under this section
19 shall be provided for activities that are consistent with the
20 objective of a majority of South Africans for an end to the
21 apartheid system and the establishment of a society based on
22 nonracial principles. Such activities may include
23 scholarships, assistance to promote the participation of
24 disadvantaged South Africans in trade unions and private
25 enterprise, alternative education and community development
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19
1 programs, and training and other assistance (including legal
2 aid in challenging government media restrictions) for South
3 African journalists.''.
4 (2) in paragraph (2) by striking programs for South
(Congress of South African Trade Unions), NACTU (National
Council of Trade Unions), and NUNW (National Union of
Namibian Workers), their affiliates, and other viable
5 Africa s trade unionists. and inserting and other
6 support programs (including legal assistance) for trade
7 unions in South Africa and Namibia, including COSATU
11 unions in order to develop a balanced assistance program
12 which is representative of the trade union movement.
13 Assistance under this paragraph may be provided through
14 United States trade unions or other appropriate
15 intermediary organizations.; and
16 (3) by adding after paragraph (2) the followina new
17 paragraph:
18 (3) Not less than $4,000,000 of the amounts
19 provided for each fiscal year pursuant to this subsection
20 shall be available for programs of refugee education and
21 assistance for South Africans and Namibians.
22 SEC. 11. SENSE OF CONGRESS REGARDING ANTITRUST INVESTIGATION
23 OF SOUTH AFRICAN DIAMOND CARTEL.
24 It is the sense of the Congress that--
25 (1) the President should direct the Attorney General
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i of the United States to conduct an investication of the
2 South African-controlled international diamond cartel in
3 order to ascertain if any enforcement action is
4 appropriate under the antitrust laws of the United
5 States; and
6 (2) the President should direct the Secretary of
7 Commerce and the Commissioner of Customs to conduct a
8 study to determine the feasibility of identifying at port
9 of entry, without'harm to producers and processors of
i0 diamonds outside of South Africa, the national oricin of
li diamonds entering the United States. 12 SEC. 12. STUDY OF MEASURES TO REDUCE SOUTH AFRICA S FOREIGN
13 EXCHANGE EARNINGS FROM GOLD.
14 (a) STUDY.--In consultation with other industrialized
15 nations and international financial institutions, the
16 President shall conduct a study of possible actions by the
17 United States to reduce the foreign exchange earnings of
18 South Africa which accrue through sales of gold. The
19 President shall consider possible international and domestic
20 consequences of any course . of- action and shall evaluate
21 mechanisms to avoid or minimize any adverse effects on the
22 United States gold mining industry.
23 (b) REPORT.--Not later than 180 days after the date of
24 the enactment of this Act, the President shall submit 'Co the
25 Congress a report of the findings of such study.
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1 SEC. 13. SENSE OF CONGRESS REGARDING SOUTH AFRICAN CONSULATES
2 AND APPROVAL OF VISAS.
3 It is the sense of the Congress that--
4 (1) South Africa has effectively banned 19 major anti-
5 apartheid organizations, forbade the major trade union
6 federation, COSATU, from engaging in political
7 activities, and denied permission for travel to the
8 United States to numerous South Africans;
9 (2) the repression by South Africa of domestic and
10 foreign media has prevented the free flow of information
11 essential to the advance of any national dialogue between
12 the government and the nonwhite majority which actively
13 opposes apartheid, and has restricted the ability of the
14 foreign press to report developments in South Africa;
15 (3) the President should immediately close two of
16 South Africa s consulates general, eliminate all honorary
17 consuls which South Africa has in the United States, and
18 forbid South Africa to expand the staffing of its embassy
19 beyond the level of January 1, 1988; and
20 (4) approval of temporary United States visas,
21 especially to South African government personnel, should
22 be granted on a case-by-case basis only after close
23 scrutiny of the South African Governments record of
24 allowing South African citizens, particularly those who
25 are members of anti-apartheid organizations, to travel to
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1 the United States.
2 SEC. 14. PENALTIES.
3 Section 603(b) of the Act is amended--
4 (1) in paragraph (2)--
(A) by inserting -(A)'' after ''(2)''; and
(B) by adding at the end the following new
subparagraph:
8 (B) any person, other than an individual that
9 knowingly violates the provisions of this Act, or any
10 regulation, license, or order issued to carry out this
11 Act shall be fined not more than $500,000; ; and
12 (2) in paragraph (3)--
13 (A) by inserting (A) after ''(3)''; and
(B) by adding at the end the following new
15 subparagraph:
(B) any individual who knowingly violates the
17 provisions of this Act-, or any regulation, license, or
18 order issued to carry out this Act shall be fined not
19 more than $250,000, or imprisoned not more than 5 years,
20 or both; and".
21 SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.
22 (a) AMENDMENTS TO THE TABLE OF CONTENTS,--
23 (1) The table of contents in section 2 of the Act is
24 amended by amending the items relatinc to title III to
25 read as fellows:
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Sec. 301. Prohibition on investment and trade.
Sec. 302. Prohibition on imports into the United States
from South Africa.
Sec. 303. Prohibition of exports to South Africa from the
United States.
Sec. 304. Restrictions regarding involvement in the South
African energy sector.
Sec. 305. Prohibitions on loans to the Government of South
Africa.
Sec. 306. Prohibition on air transportation with South
Africa.
Sec. 307. Prohibition on nuclear trade with South Africa.
,,Sec. 308. Government of South Africa bank accounts.
,,Sec.
309. Prohibition on United States intelligence and
military cooperation with 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 of 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, involvement
in, or subsidy for trade
with,
South Africa.
1
(2) The table of contents in section 2 of the Act is
2
further amended--
3
(A)
by striking the item relating to section. 212;
4
(B)
by amending the items relating to sections
5
402 and 502, respectively,
to read a"s follows:
Sec. 402. Limitation on imports from and contracting with
certain foreign persons.
Sec. 502. Reports on United.States imports from member
states of the Council for Mutual Economic
Assistance. and
(C) by adding after the items relating to section 606
the following items:
Sec. 607. Office of South Africa sanctions.
Sec. 608. inter-agency coo_dinarina committee on South
Africa.
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TITLE III-MEASURES BY THE UNITED STATES TO UNDERMINE APARTHEID
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(b) CONFORMING AMENDMENTS TO THE ACT.
2 (1) Section 602(a)(3-) and 602(b)(1) of the Act are
3 amended by striking *'318(b),''.
4 (2) Section 602(c) is amended by striking paragraph
5 (2) and redesignating paragraphs (3) and (4) as
6 paragraphs "(2)" and ''(3)'', respectively.
7 (3) Section 603(b) of the Act is amended--
8 (A) by striking paragraph (4);
9 (B) by striking the semicolon in paragraph (2)
10 and inserting and ; and
(C) by striking and in paragraph (3) and
12 inserting a period.
13 (4) Section 603(c) of the Act is amended by striking
i4 paragraph (2) and by redesignating paragraph (3) as
15 paragraph (2)~~.
16 (5) Section 501(c) of the Act is amended--
17 (A) by inserting '1 or other measures'' after
18 - additional measures''; and
19 (B) by striking paragraph (2) and redesignating
20 paragraphs (3) and (4)- as paragraphs (2) and
(3)respectively.
22 (6) Section 502 of the Act is amended to read as
23 follows:
24 ''Reports on United States Imports from Member States of ~he
25 Council for Mutual Economic Assistance
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1 "SEC, 502. Beginning 30 days after the date of the
2 enactment of this Act, and every 30 days thereafter, the
3 President, through the Secretary of Commerce, shall prepare
4 and transmit to the Congress a report setting forth the
5 average amounts of imports of coal or any strategic and
6 critical material entering the United States from each member
7 country and observer country of the Council for Mutual
8 Economic Assistance (C.M.E.A.)..
9 SEC. 16. EFFECTIVE DATE.
10 (a.) GENERAL RULE.--Except as otherwise provided, this Act
11 and the amendments made by this Act shall take effect on the
12 date of enactment.
13 (b) EXCEPTIONS.--
14 (1) Sections 2(b),:2(c), 14, and 15 shall take effect
15 180 days after the date of the enactment of this Act.
16 (2) Section 10 shall take effect. October 1, 1988.
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100TH CONGRESS
ST SESSION
IS T
R. ~~~
To prohibit United States intelligence and military cooperation with South Africa.
IN THE.HOUSE OF REPRESENTATIVES
MAY 18, 1987
Mr. GRAY of Pennsylvania (for himself, Mr. CONTE, Mr. DYMALLY, and Mr.
WOLPE) introduced the following bill; which was referred jointly to the Com-
mittees on Foreign Affairs, Armed Services, and Permanent Select Commit-
tee on Intelligence
A BILL
To prohibit United States intelligence and military cooperation
with South Africa.
Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3
SECTION 1. PROHIBITION ON UNITED STATES MILITARY AND
4
INTELLIGENCE
COOPERATION WITH SOUTH
5
AFRICA.
6
(a) PROHIBITION.-Section 322 of the Comprehensive
7
Anti-Apartheid Act of 1986 (22 U.S.C. 5072) is amended to
8 read as follows:
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1 "PROHIBITION ON UNITED STATES MILITARY AND
2 INTELLIGENCE COOPERATION WITH SOUTH AFRICA
3 "SEC. 322. (a) No agency or entity of the United States
4 may engage in any form of cooperation, direct or indirect,
5 with the armed forces of the Government of South Africa..
6 The cooperation prohibited by this subsection specifically
7 includes-
8 "(1) assigning or detailing any member of the
9 United States Armed Forces to serve as, or otherwise
10 perform the functions of, a. defense (or military) attache
11 in South Africa; and
12 "(2) cooperating in any way with an individual
13 serving as, or otherwise performing the functions of, a
14 defense (or military) attache at a South African diplo-
15 matic mission in the United States.
16 Consistent with the objectives of this subsection, the Presi-
17 dent should not accredit any individual to serve as, or other-
18 wise perform the functions of, a defense (or military) attache
19 at a South African diplomatic mission in the United States.
20 "(b) No agency or entity of the United States involved
21 in intelligence activities may engage in any form of coopera-
22 tion, direct or indirect, with the Government of South Africa.
23 (specifically including the authorities administering Namibia.
24 so long as- Namibia, is illegally occupied). The cooperation
25 prohibited by this subsection specifically includes any activity
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3
1 relating to the collection of intelligence, including the
2 exchange of intelligence either directly or through a third
3 country.".
4 (b) CONFORMING AMENDMENTS.-
5 (1) TABLE OF CONTENTS.-The table of contents
6 contained in section 2 of that Act is amended by
7 amending the item relating to section 322 to read as
8 follows:
"Sec. 322. Prohibition on United States military and intelligence cooperation with
South Africa.".
9 (2) INTELLIGENCE AUTHORIZATION ACT.-Sec-
10 tion 107 of the Intelligence Authorization Act for
11 Fiscal Year 1987 (Public Law 99-569), relating to re-
12 strictions on intelligence agency cooperation with
13 South Africa, is repealed.
0
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5072a. Restriction on intelligence agency cooperation with South Africa
No agency or entity of the United States involved in intelligence activities mav
engage in any form of cooperation. direct or indirect. with the Government of South
Africa, except activities which are reasonably designed to facilitate the collection of
necessary intelligence. It is the policy of the United States that no agency or entity
of the United States involved in intelligence activities may provide any intelligence
information to the Government of South Africa which pe; ,ains to a South African
internal opposition group, movement. organization, or individual. Any change in
such policy, or the provision of intelligence information cont.-any to such policy, shall
be considered. a significant anticipated intelligence activity for purposes of section
413 of Title 50.
(Pub.L: 99-569. Title I. 4 101, Oct 2?, 1986. ]O(, Stat 3191.1
CodI&ation. Section was not enacted as par;
of the Comprehensive Anti-Apartheid Act of 1986
which comprises this chapter but as pan of the
Intelligence Authorization Act fot Fiscal Year
Libra, References
United States 4=4;
C-1 S. United States
4)
1981.
.
Legialati,e History. For legislative histort and
purpose of Pub.L. 99-569, we 1986 U.S Code
Cong and Adrr,.News, p. 5327.
FY 1987 Intelligence Authorization Act, section 107, codified at 22 U.S.C. 5072a
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AMF.R'DMENT OFFERED BY MR. STOKES
Mr. STOKES. Mr. Chairman, I offer
an amendment.
The Clerk read as follows:
Amendment offered by Mr. SToKEs: On
page 5. after line 22, insert . the following
new section:
"RESTRICTION OF INM.LIGENCE AGENCY
COOPERATION WITH SOUT_F_ AFRICA
"SEC. 108. No agency or entity of the
United States involved in intelligence activi-
ties may engage in any form of cooperation,
direct or indirect, with the government of
South Africa, except activities which are
reasonably designed to facilitate the collec-
tion of necessar- intelligence. It is the
policy of the United States that no agency
or entity of the United States involved in in-
telligence activities may provide any intelli-
gence information to the government of
South Africa which pertains to a South Af-
rican internal opposit;cn group, movement.
organization, or individual. Any change in
such policy, or the provision of intelligence
information contrary to such policy, shall
be considered a significant anticipated tnte_
ligence activity for purposes of Section 501
of the National Security Act of 1947.--
Mr. STOKES (during the readingi.
Mr. Chairman, I ask unanimous con-
sent that the amendment be con lcl-
ert-d as read and printed in tht
to 'Ohio?
There was no objection.
(Mr. STOKES asked and was given
permission to revise and extend his re-
marks.)
Mr. STOKES. Mr. Chairman, recent-
ly. the New York Times published an
article by Seymour Hersh which al-
leged a significant Intelligence ex-
change between the United States and
the Government of South Africa. In
particular, Mr. Hersh charged that the
United States provides Information
concerning the African National Con-
gress and other South African opposi-
tion groups to the Government of
South Africa.
Given the position of the United
States Government concerning South
Africa and the strong feeling in this
body about the immoral and unsup-
portable nature of apartheid, I joined
other members of the committee in
carefully reviewing this article and In
fully investigating all of Its charges.
We spoke with intelligence officials.
We demanded and received written re-
sponses to our questions about this al-
leged relationship.
That process led us, I believe, to a
reasonably good understanding of the
nature of U.S. intelligence activities in
question. It also led me to the convic-
tion that it would be important, both
because of the allegations in Mr.
Hersh's article and because of the
deep concern in this House about the
United States relationship to South
Africa , to offer an amendment which
would make clear the acceptable limits
of any potential intelligence relation-
ship with South Africa.
The amendment which I offer pro-
hibits intelligence cooperation with
the Government. of South Africa
except for intelligence collection. III
also states that it is the policy of the
United States not to provide any ir-tel-
ligence information to the Govern-
ment. of South Africa concerning any
opposition group or individual. F`r-
ther, in the event that an exception is
promulgated to this policy, or any in-
telligence information is ever passed,
the Director of Central Intelligence
must inform the House and Senate In-
telligence Committees of this prior to
such an event.
Mr. Chairman, this provision is es-
sentially a modification of the Kenne-
dy amendment to the South African
sanctions bill passed by the Senate.
My understanding is that it was
worked out in connection with the
Central Intelligence Agency and that,
although this administration opposes
all legislation on South African sanc-
tions, my modification of the Kennedy
amendment is net viewed as prohibit-
ing activities which the United States
contemplates entering into.
Mr. jc .,..... and I
believe that of the Ir.;' li = ice corn-
nr: nity. is th.. ar':c:,.. r.,. would
rfstlt in file 10. C", a
Intelligence, nor would it prevent the
United States from ac t& to fen ll
the loss of Innocent life, which Is the
only circumstance under which intel2i-
tence likely would be provided. What
It does do is state clearly for all the
world to know that the United States
will not side with white South Africa
against black South Africa.
-
It is unfortunate that such a mes-
sage needs to be sent, but it is clearly
one that must be sent, and sent again,
until it Is finally understood in the
councils of white South Africans that
apartheid and the system which It
supports cannot stand against the in-
alienable rights of black South Afri-
cans to determine their own destiny
and to acquire the rights of represen-
tation, free passage, and human digni-
ty that are daily denied them in the
ghettos of South Africa.
Mr. Chairman, I urge the support of
this amendment.
Mr. STUMP. Mr. Chairman, will the
gentleman yield?
Mr. STOKES. I yield to my distin-
guished ranking minority member of
the subcommittee, the gentleman
from Arizona [Mr. STUMP).
Mr. STUMP. Mr. Chairman, while
there is some reluctance to this
amendment, we have examined it on
this side and are willing to accept it.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Ohio [Mr. STOKES].
The amendment was agreed to.
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99TH CONGRESS ( REPORT
2d Session HOUSE OF REPRESENTATIVES SI 99-952
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1987
Mr. HAMILTON, from the committee of conference,
submitted the following
CONFERENCE REPORT
(To accompany H.R. 4759]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 4759) to
authorize appropriations for fiscal year 1987 for intelligence and in-
telligence-related activities of the United States Government, for
the Intelligence Community Staff. for the Central Intelligence
Agency Retirement and Disability System, and for other purposes,
having met, after full and free conference, having agreed to so rec-
ommend, do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment
of the Senate and agree to the same with an amendment as fol-
lows:
In lieu of the matter proposed to be inserted by the Senate
amendment insert. the following:
That this Act may be cited as the "Intelligence Authorization Act
for Fiscal Year 1987".
TITLE I-INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to be appropriated for fiscal
year 1987 for the conduct of the intelligence and intelligence-related
activities of the; following elements of the United States Govern-
ment:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National.Security Agency.
91-0060
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SECTION 107,
Section 107 of the conference report provides that no agency or
entity of the United States involved in intelligence activities may
engage in any form of cooperation. direct or indirect, with the Gov-
ernment of South Africa, except activities which are reasonably de-
signed to facilitate the collection of necessary intelligence. In addi-
tion. Section 107 establishes as the policy of the United States that
no U.S. intelligence agency or entity may provide any intelligence
information to the Government of South Africa which pertains to a
South African internal opposition group, movement. organization,
or individual. Finally, Section 107 provides that any change in that
policy, or the provision of intelligence information contrary to that
policy. shall be considered a significant anticipated intelligence ac-
tivity for purposes of Section 501 of the National Security Act of
1947. The conferees expect that intelligence information will be
provided contrary to that policy only when such information credi-
bly indicates the imminent likelihood of violent action calculated to
threaten human life and provision of such information could be ex-
pected to contribute to avoidance of that violent action.
Section 107 of the conference report is identical to Section 107 of
the House bill. The Senate amendment contained no corresponding
provision.
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