Comprehensive Anti-Apartheid Act of 1986

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Public Law 99-440
Comprehensive Anti-Apartheid Act of 1986
by the 99th Congress of the United States

Pub.L. 99−440, 100 Stat. 1086, H.R. 4868, enacted October 2, 1986

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Note: This is the original legislation as it was initially enacted. Any subsequent amendments hosted on Wikisource may be listed using What Links Here.

4352672Comprehensive Anti-Apartheid Act of 1986 —

Pub.L. 99−440, 100 Stat. 1086, H.R. 4868, enacted October 2, 1986

1986the 99th Congress of the United States

99^TH UNITED STATES CONGRESS
2^ND SESSION

An Act
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,

Section 1. Short Title.

This Act may be cited as the "Comprehensive Anti-Apartheid Act of 1986".

Section 2. Table of Contents.

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.

Section 3. Definitions.

As used in this Act—

(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 association 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 guarantee of the obligation of another to repay an extension 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 agreement to repurchase; and

(vi) a renewal or refinancing whereby funds or credits 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 controlled 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 Government 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(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or

(B) a corporation, partnership, or other business association 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;

(B) any territory under the Administration, legal or illegal, 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—

(A) a corporation, partnership, or other business association 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.

Section 4. Purpose.

The purpose of this Act is to set forth a comprehensive and 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.

Approved October 2, 1986.

Legislative History

HOUSE REPORTS: No. 99-638, Pt. 1 (Committee on Foreign Affairs) and Pt. 2 (Committee on Ways and Means).

SENATE REPORTS: No. 99-370 accompanying S. 2701 (Committee on Foreign Relations).

CONGRESSIONAL RECORD, Vol. 132 (1986):

June 18, considered and passed House.

Aug. 12, 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.

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Comprehensive Anti-Apartheid Act of 1986

.mw-parser-output .wst-anchor:target{background-color:rgba(100,149,237,0.1);color:#202122;outline:1px solid cornflowerblue}Section 1. Short Title.

Section 2. Table of Contents.

TITLE I — Policy of the United States With Respect to Ending Apartheid

TITLE II — Measures to Assist Victims of Apartheid

TITLE III — Measures by the United States to Undermine Apartheid

TITLE IV — Multilateral Measures to Undermine Apartheid

TITLE V — Future Policy Toward South Africa

TITLE VI — Enforcement and Administrative Provisions

Section 3. Definitions.

Section 4. Purpose.

Legislative History

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Section 1. Short Title.