Comprehensive Anti-Apartheid Amendments of 1988

Summary

Comprehensive Anti-Apartheid Amendments of 1988 - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Permits the President, on request, to waive the applicability of such prohibition to certain persons for up to 180 days. Prohibits the importation into the United States of any article from South Africa, except for: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (2) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by black and other nonwhite South Africans. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, and commercial sales of agricultural commodities and products. Specifies that such prohibitions shall not apply to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, and emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 prohibiting certain exports to, imports from, and investments in South Africa. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans to notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity and to enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Specifies that such prohibition includes transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Provides that no funds made available by the Congress may be obligated or expended for any expense related to any such prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Requires the President to: (1) confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid; and (2) seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. (Present law only encourages the President to take such actions.) Requires the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. (Present law only authorizes the President to impose such penalties.) Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade such as oil, coal, and computers. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to submit to the Congress an annual report on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Inter-Agency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. States that South Africa's granting of independence to Namibia is a major policy goal of the United States. Includes such granting of independence as one of several actions South Africa must take to have U.S. sanctions terminated. Requires the President to submit a report to the Congress concerning the program to reduce U.S. dependence upon the importation of strategic minerals from South Africa. Imposes additional penalties for violations of the Comprehensive Anti-Apartheid Act of 1986. Amends the Foreign Assistance Act of 1961 to permit the use of funds authorized for economic support for disadvantaged South Africans to provide training and other assistance for South African journalists. Lists major trade union federations in South Africa and Namibia as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans and Namibians. Specifies that such funds may not be used for assistance for individuals in areas under the control of or administered by the South West Africa People's Organization (SWAPO) or the African National Congress (ANC). Allows the President to waive such restriction concerning the ANC under specified conditions. Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; and (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States. Requires the President to conduct a study and submit a report to the Congress concerning measures to reduce South Africa's foreign exchange earnings from gold. Expresses the sense of the Congress that: (1) the President should close two of South Africa's consulates general, eliminate all honorary consuls of South Africa in the United States, and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be provided on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the Secretary of State to submit a report to the Congress concerning South Africa's involvement in international terrorism. Makes certain technical and conforming amendments.

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• Introduced in Senate

  summary · EN · 12 May 1988

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