Text: H.R.1111 — 102nd Congress (1991-1992)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House

 
 
HR 1111 IH
102d CONGRESS
1st Session
 H. R. 1111
To prohibit investments in, and certain other activities with respect to,
South Africa, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 26, 1991
Mr. DELLUMS (for himself, Mr. BILBRAY, Mrs. COLLINS of Illinois, Mr. CONYERS,
Mr. DE LUGO, Mr. EDWARDS of California, Mr. ENGEL, Mr. EVANS, Mr. FROST,
Mr. HAYES of Illinois, Mr. HERTEL, Mr. HOCHBRUECKNER, Mr. JEFFERSON,
Mr. MFUME, Mr. MINETA, Mr. OWENS of New York, Mr. PANETTA, Mr. PAYNE of New
Jersey, Ms. PELOSI, Mr. RANGEL, Mr. ROYBAL, Mr. SABO, Mr. SERRANO, Mr. SHAYS,
Mr. SLATTERY, Mr. STARK, Mr. TORRES, Mr. TOWNS, Mr. VENTO, and Mr. WASHINGTON)
introduced the following bill; which was referred jointly to the Committees on
Foreign Affairs, Armed Services, Permanent Select Committee on Intelligence,
Interior and Insular Affairs, Banking, Finance and Urban Affairs, Ways and
Means, Rules, and Energy and Commerce
A BILL
To prohibit 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; REFERENCES; TABLE OF CONTENTS.
  (a) SHORT TITLE- This Act may be cited as the `Anti-Apartheid Act Amendments
  of 1991'.
  (b) REFERENCES- References in this Act to `the Act' are to the Comprehensive
  Anti-Apartheid Act of 1986.
  (c) TABLE OF CONTENTS-
TITLE I--SANCTIONS AGAINST INVESTMENT IN, AND EXPORTS TO, SOUTH AFRICA AND
OTHER MEASURES (EXCEPT IMPORT RESTRICTIONS) TO END APARTHEID
Part A--Amendments to the Comprehensive Anti-Apartheid Act of 1986 and
Other Laws
Sec. 101. Prohibitions on investment in South Africa.
Sec. 102. Prohibition on exports to South Africa.
Sec. 103. Repeal of certain provisions of the Act; definitions.
Sec. 104. Prohibition on United States intelligence and military cooperation
with South Africa.
Sec. 105. Prohibition on nuclear assistance to South Africa.
Sec. 106. Penalties.
Sec. 107. Coordinator of South Africa sanctions; interagency coordinating
committee on South Africa.
Sec. 108. Measures to assist victims of apartheid.
Sec. 109. Assistance for disadvantaged South Africans.
Sec. 110. Restrictions regarding involvement in the South African energy
sector.
Part B--Policy Statements; Reports; Studies; and Other Miscellaneous Provisions
Sec. 121. Sense of Congress regarding antitrust investigation of South African
diamond cartel, study of diamond origins, and enforcement of prohibition on
importation of South African diamonds into the United States.
Sec. 122. Sense of Congress regarding South African consulates and approval
of visas.
Sec. 123. Study of measures to reduce South Africa's foreign exchange earnings
from gold.
Sec. 124. Report on South Africa's involvement in international terrorism.
TITLE II--SANCTIONS AGAINST SOUTH AFRICAN IMPORTS INTO THE UNITED STATES
Sec. 201. Prohibitions on imports from South Africa.
Sec. 202. Multilateral measures, including import restrictions, to dismantle
apartheid.
Sec. 203. Referral in the House of joint resolutions pertaining to import
restrictions.
Sec. 204. Reports on United States imports from member states of the Council
for Mutual Economic Assistance.
Sec. 205. Program to reduce dependence upon importation of strategic minerals
from South Africa.
Sec. 206. Preventing circumvention of United States import restrictions.
TITLE III--GENERAL PROVISIONS
Sec. 301. Technical and conforming amendments.
Sec. 302. Effective date.
TITLE I--SANCTIONS AGAINST INVESTMENT IN, AND EXPORTS TO, SOUTH AFRICA AND
OTHER MEASURES (EXCEPT IMPORT RESTRICTIONS) TO END APARTHEID
PART A--AMENDMENTS TO THE COMPREHENSIVE ANTI-APARTHEID ACT OF 1986 AND
OTHER LAWS
SEC. 101. PROHIBITIONS ON INVESTMENT IN SOUTH AFRICA.
  (a) PROHIBITIONS ON INVESTMENT- Effective 180 days after the date of the
  enactment of this Act, section 301 of the Comprehensive Anti-Apartheid
  Act of 1986 (hereafter in this Act referred to as `the Act') is amended
  to read as follows:
`PROHIBITION ON INVESTMENT IN SOUTH AFRICA
  `SEC. 301. (a) Subject to subsections (b) and (c), a United States person
  may not purchase, acquire, own, or hold any investment in South Africa.
  `(b) The prohibition under subsection (a) shall not apply to any investment
  in a business enterprise owned and controlled by South Africans economically
  and politically disadvantaged by apartheid where such business enterprise is
  and continues to be not less than 90 percent owned by, and under the control
  of, South Africans economically and politically disadvantaged by apartheid.
  `(c)(1) Notwithstanding subsection (a), any individual described in paragraph
  (2), may continue to own and hold investments in South Africa during any
  period and to the extent that such investments are considered South African
  emigrant non-resident assets and subject to restrictions on their transfer
  or disposition under the exchange control regulations of the Government
  of South Africa (promulgated pursuant to the Currency and Exchange Act of
  1933 and as in effect on June 2, 1990) which limit the ability of such an
  individual to comply with the prohibitions under subsection (a).
  `(2) An individual, for purposes of paragraph (1), is an individual who, on
  the date of the enactment of the Anti-Apartheid Act Amendments of 1991, is--
  `(A) a former citizen or resident of South Africa; and
  `(B)(i) a citizen of the United States; or
  `(ii) an alien lawfully admitted for permanent residence in the United
  States.'.
  (b) WAIVER- A person affected by the prohibition under section 301 of the
  Comprehensive Anti-Apartheid Act of 1986 (as amended by subsection (a))
  may apply to the President for a one-time waiver of the prohibition. With
  respect to any applicant, the President may waive the application of section
  301 for not more than 180 days after such section takes effect. Such waiver
  may be granted only for good cause. During any period of waiver under
  this subsection, the provisions of the Comprehensive Anti-Apartheid Act of
  1986 as in effect before the date of the enactment of the Anti-Apartheid
  Act Amendments of 1991 shall apply and the President may not waive any
  such provision.
  (c) NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS REGARDING TERMINATION OF
  INVESTMENT- (1) A controlled South African entity, subject to the investment
  prohibition under section 301 of the Comprehensive Anti-Apartheid Act
  of 1986 (as amended by subsection (a)), that employs more than 24 South
  Africans economically and politically disadvantaged by apartheid--
  (A) shall notify all such South African employees and their employee
  organizations of a termination of investment not less than 90 days prior
  to such termination; and
  (B) shall enter into good faith negotiations with trade unions representing
  such disadvantaged South Africans (or with other representative worker
  organizations if there are no such unions) regarding the terms of a
  termination.
  (2) Negotiations under paragraph (1)(B) shall include discussions
  and agreements concerning pension benefits; relocation of employees;
  continuation of existing union recognition agreements; severance pay; and
  acquisition of the terminated business or the business assets by entities
  representing South Africans economically and politically disadvantaged
  by apartheid including trade unions, union-sponsored workers' trusts,
  other representative worker organizations, and employees.
SEC. 102. PROHIBITION ON EXPORTS TO SOUTH AFRICA.
  Effective 180 days after the date of the enactment of this Act, section
  303 of the Act is amended to read as follows:
`PROHIBITION OF EXPORTS TO SOUTH AFRICA FROM THE UNITED STATES
  `SEC. 303. (a) No goods or technology subject to the jurisdiction of the
  United States may be exported, or re-exported, to South Africa. No goods or
  technology may be exported, or re-exported, to South Africa by any person
  subject to the jurisdiction of the United States.
  `(b) The prohibitions under subsection (a) shall not apply to--
  `(1) publications, including books, newspapers, magazines, films,
  television programming, phonograph records, video and audio tape recordings,
  photographs, microfilm, microfiche, posters, and similar materials;
  `(2) donations of articles intended to relieve human suffering, such as
  food, clothing, and medicine and medical supplies intended strictly for
  medical purposes;
  `(3) commercial sales of agricultural commodities and products; and
  `(4) goods and technology for use in the gathering or dissemination of
  information by news media organizations subject to the jurisdiction of the
  United States which provide an assurance to the Secretary of State that
  such goods and technology will not be used, leased, sold, or transferred
  to any South African entity.
  `(c) The prohibitions under subsection (a) shall not apply to any goods
  that are the direct product of technology of United States origin under a
  written agreement entered into on or before April 20, 1990, and that are
  exported prior to the date which is 1 year after the date of the enactment
  of the Anti-Apartheid Act Amendments of 1991.
  `(d) The prohibitions under subsection (a) shall not apply to--
  `(1) 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 pursuant to the Foreign Assistance Act of
  1961, the Export-Import Bank Act of 1945, or any other provision of law
  authorizing economic or human rights assistance programs; and
  `(2) contributions to charitable organizations engaged in social welfare,
  public health, religious, educational, and emergency relief activities in
  South Africa.'.
SEC. 103. REPEAL OF CERTAIN PROVISIONS OF THE ACT; DEFINITIONS.
  (a) REPEAL OF CERTAIN PROVISIONS OF THE ACT- Effective 180 days after the
  date of the enactment of this Act, the Comprehensive Anti-Apartheid Act
  of 1986 is amended--
  (1) in title I by striking section 110;
  (2) in title II--
  (A) by striking sections 207 and 212; and
  (B) by redesignating section 211 as section 207;
  (3) in title III--
  (A) by striking sections 304, 309, 310, 317, 318, 319, 320, 321, and 323;
  (B) by redesignating section 315 as section 309; and
  (C) by redesignating section 316 as section 310.
  (b) DEFINITIONS-
  (1) Paragraphs (3) and (4) of section 3 of the Act are amended to read
  as follows:
  `(3) the term `investment in South Africa' means--
  `(A) a commitment of funds or other assets (in order to earn a financial
  return) to a South African 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 other assets to a South African
  entity; or
  `(B) the control of a South African entity in cases in which subparagraph
  (A) does not apply;
  `(4) 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;
  `(vi) a renewal or refinancing whereby funds or credits are transferred
  or extended to the Government of South Africa or a South African entity;
  `(vii) short-term trade financing, as by letters of credit or similar
  trade credits;
  `(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 agreement was entered into
  before April 20, 1990, so long as such a loan is maintained under the
  terms in effect on such date;'.
  (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 (9) and inserting a
  semicolon; and
  (C) adding at the end of such section the following:
  `(10) the terms `United States person' and `person subject to the
  jurisdiction of the United States' mean--
  `(A) any person, wherever located, who is a citizen or resident of the
  United States;
  `(B) any person actually within the United States;
  `(C) any entity organized under the laws of the United States or of any
  State, territory, possession, or district of the United States; and
  `(D) any partnership, association, corporation, or other organization,
  wherever organized or doing business, that is owned or controlled by
  persons specified in subparagraphs (A), (B), or (C) of this paragraph;
  `(11) the terms `goods' and `technology' have the meanings given such
  terms by section 16 of the Export Administration Act of 1979;
  `(12) the term `goods subject to the jurisdiction of the United States'
  includes goods that are the direct product of technology of United States
  origin; and
  `(13) the term `foreign person'--
  `(A) means any person who is not a United States person or subject to the
  jurisdiction of the United States, and
  `(B) does not include any government or any agency or other entity or
  instrumentality thereof (including a government-sponsored agency) unless
  any such agency, entity, or instrumentality is a business enterprise.'.
  (3) The amendments made by this subsection shall take effect 180 days
  after the date of the enactment of this Act.
SEC. 104. PROHIBITION ON UNITED STATES INTELLIGENCE AND MILITARY COOPERATION
WITH SOUTH AFRICA.
  (a) AMENDMENT TO COMPREHENSIVE ANTI-APARTHEID ACT OF 1986- The Act is
  amended by striking section 322 and adding after section 303 the following
  new section:
`PROHIBITION ON UNITED STATES INTELLIGENCE AND MILITARY COOPERATION WITH
SOUTH AFRICA
  `SEC. 304. (a)(1) No agency or entity of the United States involved in
  intelligence activities may engage in any form of cooperation, direct or
  indirect, with the Government of South Africa (specifically including the
  authorities administering Namibia so long as Namibia is illegally occupied).
  `(2) The prohibition under paragraph (1) may not be construed to affect the
  collection of intelligence under any circumstances which do not involve any
  form of cooperation, direct or indirect, with the Government of South Africa.
  `(b) No agency or entity of the United States may engage in any form of
  cooperation, direct or indirect, with the armed forces of the Government
  of South Africa.
  `(c) The prohibitions of this section shall not apply to the conduct of
  diplomatic activities or to intelligence information concerning the military
  activities or equipment in southern Africa of Cuban military forces or of
  another Communist country acting in concert with Cuban military forces.
  `(d) Funds authorized to be appropriated or otherwise made available
  by the Congress (including funds specified in a classified schedule of
  authorizations or appropriations) may not be obligated or expended by
  any agency or entity of the United States for any expenses related to any
  cooperation prohibited by this section.
  `(e) Consistent with the objectives of this section it is the sense of
  the Congress that the President should not--
  `(1) assign or detail any member of the United States Armed Forces to
  serve as, or otherwise perform the functions of, a defense (or military)
  attache in South Africa; or
  `(2) accredit any individual to serve as, or otherwise perform the functions
  of, a defense (or military) attache at a South African diplomatic mission
  in the United States.'.
  (b) AMENDMENTS TO INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1987-
  Section 107 of the Intelligence Authorization Act for Fiscal Year 1987
  (Public Law 99-569) is hereby repealed.
SEC. 105. PROHIBITION ON NUCLEAR ASSISTANCE TO SOUTH AFRICA.
  Section 307 of the Act is amended to read as follows:
`PROHIBITION ON NUCLEAR ASSISTANCE TO SOUTH AFRICA
  `SEC. 307. Notwithstanding any other provision of law, the Secretary of
  Energy shall not, under section 57 b. (2) of the Atomic Energy Act of 1954,
  authorize any person to engage, directly or indirectly, in the production
  of special nuclear material in South Africa.'.
SEC. 106. PENALTIES.
  (a) GENERAL PROVISION- Section 603(b) of the Act is amended to read
  as follows:
  `(b) Except as otherwise provided in this section--
  `(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)(A) any person, other than an individual, that 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 $1,000,000;
  `(B) any person, other than an individual, that knowingly violates the
  provisions of this Act, or any regulation, license, or order issued to carry
  out this Act shall be fined in accordance with title 18, United States Code;
  `(3)(A) any individual who willfully violates the provisions of this Act
  or any regulation, license, or order issued to carry out this Act shall
  be imprisoned not more than 10 years, fined in accordance with title 18,
  United States Code, or both;
  `(B) any individual who knowingly violates the provisions of this Act,
  or any regulation, license, or order issued to carry out this Act shall
  be imprisoned not more than 5 years, fined in accordance with title 18,
  United States Code, or both; and
  `(4) any individual who violates section 302(d)(1) or any regulations
  issued to carry out that section shall be fined in accordance with title
  18, United States Code.'.
  (b) OTHER PENALTIES- Section 603(c) of the Act is amended--
  (1) in paragraph (1) by striking `not more than $10,000,' and inserting
  `in accordance with title 18, United States Code,'; and
  (2) in paragraph (2) by striking `section 301(a)' and inserting `section
  302(d)(1)'.
  (c) EFFECTIVE DATE- The amendments made by this section shall take effect
  180 days after the date of the enactment of this Act.
SEC. 107. COORDINATOR OF SOUTH AFRICA SANCTIONS; INTERAGENCY COORDINATING
COMMITTEE ON SOUTH AFRICA.
  The Act is amended by adding after section 606 the following new sections:
`COORDINATOR OF SOUTH AFRICA SANCTIONS
  `SEC. 607. (a) There is established 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, in accordance with the provisions of this section.
  `(b) The Secretary of State, through the coordinator of South Africa
  sanctions, shall--
  `(1) lead and coordinate all executive agency activities concerning
  monitoring of compliance with, and enforcement of, this Act;
  `(2) lead and coordinate monitoring by appropriate executive agencies of
  other countries' trade and financial flows with South Africa (including
  economic relations which may undermine the effects of United States
  sanctions);
  `(3) assist the Department of Commerce, the Department of the Treasury, and
  appropriate intelligence and other agencies in carrying out the functions
  of such agencies under paragraphs (1) and (2); and
  `(4) annually prepare and submit, on February 1 of each year after 1992,
  a comprehensive report to the Congress which--
  `(A) describes specific actions taken during the preceding year by each
  affected executive agency to 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 economic relations which
  may be subject to penalties under section 402;
  `(C) includes the information required under section 402(b)(3);
  `(D) describes the resources utilized by the coordinator, the Department
  of State, and other executive agencies in carrying out their functions
  under this Act in the preceding year, including an evaluation of whether
  such resources were adequate; and
  `(E) provides any recommendations of the Secretary of State for improving
  the effectiveness of the coordinator.
  `(c) In carrying out the functions under subsection (b), the coordinator
  shall place particular emphasis on activities related to strategically
  important trade in oil, coal, computers, specialized machinery and arms,
  and to financial credits.
`INTERAGENCY COORDINATING COMMITTEE ON SOUTH AFRICA
  `SEC. 608. (a) There is established an Interagency Coordinating Committee
  on South Africa. The Committee shall coordinate and monitor implementation
  of this Act.
  `(b) The committee shall be composed of--
  `(1) the Secretary of State,
  `(2) the Secretary of the Treasury,
  `(3) the Secretary of Defense,
  `(4) the Secretary of Commerce,
  `(5) the Secretary of Agriculture,
  `(6) the Attorney General,
  `(7) the United States Trade Representative, and
  `(8) such other heads of executive agencies with functions under this Act
  as the President considers appropriate.
The Secretary of State shall be the chairperson of the Committee.'.
SEC. 108. MEASURES TO ASSIST VICTIMS OF APARTHEID.
  (a) EXPANDING PARTICIPATION IN THE SOUTH AFRICAN ECONOMY- Section 203 of
  the Act is amended--
  (1) by striking subsection (b);
  (2) in subsection (c) by striking `50' and inserting `90'; and
  (3) by redesignating subsection (c) as subsection `(b)'.
  (b) EXPORT-IMPORT BANK OF UNITED STATES- Effective October 1, 1992, section
  2(b)(9)(B) of the Export Import Bank Act of 1945 is amended by striking
  `majority owned' both places it appears and inserting `90 percent owned
  and controlled'.
  (c) CODE OF CONDUCT-
  (1) Section 208 of the Act is amended--
  (A) by striking subsections (b), (c), (d), and (e);
  (B) by striking `(a)' after the section designation; and
  (C) by striking `sections 203, 205, 207, and 603' and inserting `section
  205'.
  (2) Section 603 of the Act is amended by striking subsection (d).
  (d) EFFECTIVE DATE- The provisions of this section shall take effect 180
  days after the date of the enactment of this Act.
SEC. 109. ASSISTANCE FOR DISADVANTAGED SOUTH AFRICANS.
  (a) AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961- Section 535(a) of the
  Foreign Assistance Act of 1961 is amended--
  (1) by amending paragraph (1) to read as follows:
  `SEC. 535. ECONOMIC SUPPORT FOR DISADVANTAGED SOUTH AFRICANS- (a)(1) Up to
  $40,000,000 of the funds authorized to be appropriated to carry out this
  chapter and any other economic development assistance activities under the
  Foreign Assistance Act of 1961, for the fiscal year 1990 and each fiscal
  year thereafter, shall be available for assistance for disadvantaged South
  Africans. Assistance under this section shall be provided 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
  nonracial principles. Such activities may include scholarships (including
  scholarships for study in the health care professions  and the health
  sciences), assistance to promote the participation of disadvantaged South
  Africans in trade unions and private enterprise, alternative education
  and community development programs, and training and other assistance
  (including legal aid in challenging government media restrictions) for
  South African journalists.'.
  (2) in paragraph (2) by striking `programs for South Africa's trade
  unionists.' and inserting `and other support programs (including legal
  assistance) for trade unions in South Africa and Namibia, including COSATU
  (Congress of South African Trade Unions), and NACTU (National Council
  of Trade Unions), their affiliates, and other viable unions in order to
  develop a balanced assistance program which is representative of the trade
  union movement.'; and
  (3) by adding after paragraph (2) the following new paragraph:
  `(3) Not less than $4,000,000 of the amounts provided for each fiscal year
  pursuant to this subsection shall be available for programs of refugee
  education and assistance for South Africans.'.
  (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect
  October 1, 1991.
SEC. 110. RESTRICTIONS REGARDING INVOLVEMENT IN THE SOUTH AFRICAN ENERGY
SECTOR.
  (a) RESTRICTIONS REGARDING INVOLVEMENT IN THE SOUTH AFRICAN ENERGY SECTOR-
  The Act is amended by adding after section 314 the following new section 315:
`RESTRICTIONS REGARDING INVOLVEMENT IN THE SOUTH AFRICAN ENERGY SECTOR
  `SEC. 315. (a) A United States person may not, directly or through an
  affiliate, provide transport to South Africa of a commercial quantity
  of crude oil or refined petroleum products. The prohibition under this
  subsection includes transport on a vessel of United States registry and
  transport on a vessel owned, directly or indirectly, by a United States
  person.
  `(b)(1) Effective 180 days after the date of the enactment of this
  subsection, the Secretary of the Interior may not issue any lease pursuant
  to the Mineral Leasing Act of 1920, the Mineral Leasing Act for Acquired
  Lands, the Outer Continental Shelf Lands Act, or the Geothermal Steam
  Act of 1970 to any national of the United States which is controlled by,
  or under common control with, any foreign person who--
  `(A) purchases, acquires, owns, or holds any investment in South Africa; or
  `(B) exports to South Africa, directly or indirectly, any crude oil or
  refined petroleum products.
  `(2) Prior to issuing any lease referred to in paragraph (1), the Secretary
  of the Interior shall require an applicant for such a lease to certify
  that the applicant is not subject to the provisions of paragraph (1).'.
  (b) WAIVER OF PROHIBITION ON ISSUANCE OF LEASES- A person affected by the
  prohibition under section 315(b) of the Comprehensive Anti-Apartheid Act of
  1986 (as amended by subsection (a)) may apply to the President for a one-time
  waiver of the prohibition. With respect to any applicant, the President may
  waive the application of section 315(b) for not more than 180 days after
  such subsection takes effect. Such waiver may be granted only for good cause.
PART B--POLICY STATEMENTS; REPORTS; STUDIES; AND OTHER MISCELLANEOUS PROVISIONS
SEC. 121. SENSE OF CONGRESS REGARDING ANTITRUST INVESTIGATION OF SOUTH AFRICAN
DIAMOND CARTEL, STUDY OF DIAMOND ORIGINS, AND ENFORCEMENT OF PROHIBITION ON
IMPORTATION OF SOUTH AFRICAN DIAMONDS INTO THE UNITED STATES.
  It is the sense of the Congress that--
  (1) the President should direct the Attorney General of the United States
  to conduct an investigation of the South African-controlled international
  diamond cartel in order to ascertain if any enforcement action is appropriate
  under the antitrust laws of the United States;
  (2) the President should direct the Secretary of Commerce and the
  Commissioner of Customs to conduct a study to determine the feasibility of
  identifying at port of entry, without harm to producers and processors of
  diamonds outside of South Africa, the national origin of diamonds entering
  the United States; and
  (3) the President should--
  (A) ensure effective and rigorous enforcement of a prohibition on the
  importation into the United States of uncut diamonds of South African
  origin by--
  (i) applying direct pressure on the Central Selling Organization in London
  to identify and segregate diamonds by country of origin and encouraging
  other nations (including diamond-producing nations) to take appropriate
  measures to achieve that result; and
  (ii) entering into negotiations for agreements with the principal exporting
  nations of uncut diamonds to the United States (particularly the United
  Kingdom and Switzerland) to ensure that uncut South African diamonds will
  not be exported to the United States;
  (B) pursue effective enforcement and undertake appropriate actions to
  obtain the identification and segregation of uncut diamonds of South African
  origin, provided such enforcement and other actions do not interfere with
  the ability of United States importers to import uncut diamonds of other
  countries of origin despite any unknowing importation of unidentified
  uncut South African diamonds which may occur; and
  (C) direct the Secretary of the Treasury to submit a report on the status
  of the effort to identify and segregate uncut South African diamonds
  to the Speaker of the House of Representatives and the President of the
  Senate 180 days after the date of the enactment of this Act and every 180
  days thereafter.
SEC. 122. SENSE OF CONGRESS REGARDING SOUTH AFRICAN CONSULATES AND APPROVAL
OF VISAS.
  It is the sense of the Congress that--
  (1) the President should immediately eliminate all honorary consuls which
  South Africa has in the United States, and forbid South Africa to expand
  the staffing of its embassy beyond the level of January 1, 1991; and
  (2) approval of temporary United States visas, especially to South African
  Government personnel, should be granted on a case-by-case basis only after
  close scrutiny of the South African Government's record of allowing South
  African citizens, particularly those who are members of anti-apartheid
  organizations, to travel to the United States.
SEC. 123. STUDY OF MEASURES TO REDUCE SOUTH AFRICA'S FOREIGN EXCHANGE EARNINGS
FROM GOLD.
  (a) STUDY- In consultation with other industrialized nations and
  international financial institutions, the President shall conduct a study
  of possible actions by the United States to reduce the foreign exchange
  earnings of South Africa which accrue through sales of gold. The President
  shall consider possible international and domestic consequences of any
  course of action and shall evaluate mechanisms to avoid or minimize any
  adverse effects on the United States gold mining industry.
  (b) REPORT- Not later than 180 days  after the date of the enactment
  of this Act, the President shall submit to the Congress a report of the
  findings of such study.
SEC. 124. REPORT ON SOUTH AFRICA'S INVOLVEMENT IN INTERNATIONAL TERRORISM.
  Not less than 90 days after the date of the enactment of this Act, the
  Secretary of State shall prepare and submit a detailed report to the
  Committee on Foreign Affairs of the House of Representatives and the
  Committee on Foreign Relations of the Senate concerning the extent to
  which the Government of South Africa has been involved in or has provided
  support for acts of international terrorism.
TITLE II--SANCTIONS AGAINST SOUTH AFRICAN IMPORTS INTO THE UNITED STATES
SEC. 201. PROHIBITIONS ON IMPORTS FROM SOUTH AFRICA.
  (a) PROHIBITION ON IMPORTS- Effective 180 days after the date of the
  enactment of this Act, section 302 of the Act is amended to read as follows:
`PROHIBITION ON IMPORTS INTO THE UNITED STATES FROM SOUTH AFRICA
  `SEC. 302. (a) No article which is grown, produced, extracted, or
  manufactured in South Africa may be imported into the United States.
  `(b) The prohibition of subsection (a) shall not apply to the import of--
  `(1) any strategic mineral (including any ferroalloy thereof) with respect
  to which the President certifies to the Congress for purposes of this Act
  that the quantities of such mineral which are essential for the economy,
  public health, or defense of the United States are not available from
  alternative reliable suppliers; and
  `(2) publications, including books, newspapers, magazines, films,
  television programming, phonograph records, video and audio tape recordings,
  photographs, microfilm, microfiche, posters, and similar materials.
  `(c) The prohibition under subsection (a) shall not apply to imports from
  business enterprises in South Africa that are wholly owned by persons
  economically and politically disadvantaged by apartheid.
  `(d) The prohibition under section (a) includes--
  `(1) South African krugerrands or any other gold coin minted in South
  Africa or offered for sale by the Government of South Africa;
  `(2) uranium hexafluoride that has been manufactured from South African
  uranium or uranium oxide; and
  `(3) fish or seafood--
  `(A) purchased from a ship owned by a South African or of South African
  registry,
  `(B) purchased from a South African,
  `(C) processed in whole or part by a South African ship or person, or
  `(D) stored in or shipped from South Africa.'.
  (b) CERTIFICATION- The certification of the President with respect to any
  strategic mineral under section 303(a)(2) of the Comprehensive Anti-Apartheid
  Act of 1986 (as in effect prior to the date of the enactment of this Act)
  shall be effective for purposes of section 302(b)(1) of such Act as amended
  by this Act, unless the President rescinds or modifies such a certification.
SEC. 202. MULTILATERAL MEASURES, INCLUDING IMPORT RESTRICTIONS, TO DISMANTLE
APARTHEID.
  (a) NEGOTIATING AUTHORITY- Section 401(b) of the Act is amended to read
  as follows:
  `(b)(1) The President, or at his direction, the Secretary of State (in
  consultation with the United States Trade Representative), shall, consistent
  with the policy under subsection (a), confer with the other industrialized
  democracies in order to reach cooperative agreements to impose sanctions
  against South Africa to bring about the complete dismantling of apartheid.
  `(2) Before the 180th day after the date of the enactment of the
  Anti-Apartheid Act Amendments of 1991, the President shall submit a report
  to the Congress containing--
  `(A) a description of United States efforts under paragraph (1) to implement
  multilateral measures to bring about the complete dismantling of apartheid;
  `(B) his evaluation regarding whether the efforts described in subparagraph
  (A) have been successful in achieving multilateral measures to bring about
  the complete dismantling of apartheid; and
  `(C) if the efforts described in subparagraph (A) have been successful,
  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.'.
  (b) UNITED NATIONS SANCTIONS- Section 401(e) of the Act is amended by
  striking `It is the sense of the Congress that the President should'
  and inserting `The President shall'.
  (c) LIMITATION ON IMPORTS FROM AND CONTRACTING WITH CERTAIN FOREIGN PERSONS-
  Section 402 of the Act is amended to read as follows:
`LIMITATION ON IMPORTS FROM AND CONTRACTING WITH CERTAIN FOREIGN PERSONS
  `SEC. 402. (a)(1) Subject to subsection (b), effective on and after
  the 180th day after the date of the enactment of the Anti-Apartheid Act
  Amendments of 1991 (or the 360th day after such date if the evaluation of
  the President under section 401(b)(2)(B) is affirmative), to the extent that
  a foreign person takes significant commercial advantage of any sanction
  or prohibition imposed by or under this Act, the President shall impose
  not less than one of the penalties under paragraph (2).
  `(2) The President may impose one or both of the following penalties under
  paragraph (1):
  `(A) Limit the importation into the United States of any product or service
  of the foreign person.
  `(B) Restrict the foreign person from contracting with departments,
  agencies, and instrumentalities of the United States Government.
  `(3) For purposes of applying this subsection--
  `(A) the European Community shall be treated as being a single industrialized
  democracy; and
  `(B) any limitation imposed under paragraph (2)(A) shall, to the extent
  possible, offset the value of the significant commercial advantage obtained
  by the foreign person.
  `(b)(1) The President may waive the application of subsection (a) with
  respect to foreign persons of an industrialized democracy that is party
  to an agreement that has entered into force with respect to the United
  States under section 401.
  `(2) The President shall revoke, for such time and subject to such
  conditions as he considers appropriate, a waiver made under paragraph (1)
  if the President finds that the industrialized democracy that is party to
  the agreement in force under section 401 is not adequately enforcing the
  measures provided for under the agreement.
  `(3) The annual report required under section 607(b)(4) shall include,
  with respect to the period covered by the report--
  `(A) an evaluation of the extent to which the import restrictions, if any,
  provided for under each agreement in force under section 401 are being
  enforced by the industrialized democracy concerned and the effect of such
  enforcement; and
  `(B) the reasons for each waiver and revocation made under paragraphs (1)
  and (2).'.
SEC. 203. REFERRAL IN THE HOUSE OF JOINT RESOLUTIONS PERTAINING TO IMPORT
RESTRICTIONS.
  Section 602(a)(2) of the Act is amended to read as follows:
  `(2)(A) A joint resolution, other than a joint resolution referred to in
  subparagraph (B), shall, upon introduction, be referred to the Committee
  on Foreign Affairs of the House of Representatives.
  `(B) A joint resolution under--
  `(i) section 311(b), if the joint resolution suspends or modifies any import
  restriction in effect under title III, section 402(a), 501(c), or 504(b);
  `(ii) section 401(d), if the joint resolution approves an agreement
  encompassing any import restriction measure; or
  `(iii) section 501(d), if the joint resolution would enact any import
  restriction under section 501(c);
shall, upon introduction, be jointly referred to the Committee on Foreign
Affairs and the Committee on Ways and Means of the House of Representatives.'.
SEC. 204. REPORTS ON UNITED STATES IMPORTS FROM MEMBER STATES OF THE COUNCIL
FOR MUTUAL ECONOMIC ASSISTANCE.
  Section 502 of the Act is amended to read as follows:
`REPORTS ON UNITED STATES IMPORTS FROM MEMBER STATES OF THE COUNCIL FOR
MUTUAL ECONOMIC ASSISTANCE
  `SEC. 502. Beginning 30 days after the date of the enactment of the
  Anti-Apartheid Act Amendments of 1991, and every 30 days thereafter, the
  President, through the Secretary of Commerce, shall prepare and transmit
  to the Congress a report setting forth the average amounts of imports of
  coal or any strategic and critical material entering the United States
  from each member country and observer country of the Council for Mutual
  Economic Assistance (C.M.E.A.).'.
SEC. 205. PROGRAM TO REDUCE DEPENDENCE UPON IMPORTATION OF STRATEGIC MINERALS
FROM SOUTH AFRICA.
  Section 504(b) of the Act is amended to read as follows:
  `(b)(1) The President shall develop a program to reduce 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). In the
  development of such program, the President shall determine (in consultation
  with knowledgeable individuals in industry, government, and academia)
  whether, to what extent, and in what time period, adequate quantities of
  such materials could reasonably be obtained from (A) alternative reliable
  domestic and foreign sources, and (B) improved and effective methods of
  manufacturing, substitution, conservation, recovery, and recycling. Such
  determination shall include consideration of the quality and cost of
  such materials.
  `(2) Not more than 270 days after the date of the enactment of the
  Anti-Apartheid Act Amendments of 1991, the President shall submit a report
  to the Congress concerning the program under paragraph (1), particularly
  the respective roles in the implementation of such program of the Federal
  Government, users of such materials, and other affected persons. On February
  1, 1993, and on February 1 of each subsequent year until the termination
  of sanctions under this Act, the President shall submit a report to the
  Congress concerning progress in implementing such program.'.
SEC. 206. PREVENTING CIRCUMVENTION OF UNITED STATES IMPORT RESTRICTIONS.
  Within 180 days after the date of the enactment of this Act and at such
  times thereafter as are appropriate, the President, or the designee of the
  President, shall confer with the governments of the African `frontline'
  states regarding the content and implementation of appropriate measures
  to prevent the circumvention by South Africa of the import restrictions
  on South African products placed in effect by the United States under the
  authority of this Act.
TITLE III--GENERAL PROVISIONS
SEC. 301. TECHNICAL AND CONFORMING AMENDMENTS.
  (a) AMENDMENTS TO THE TABLE OF CONTENTS-
  (1) Section 2 of the Act relating to the table of contents for title III
  is amended to read as follows:
`TITLE III--MEASURES BY THE UNITED STATES TO UNDERMINE APARTHEID
`Sec. 301. Prohibition on investment in South Africa.
`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. Prohibition on United States intelligence and military cooperation
with South Africa. 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 assistance to South Africa.
`Sec. 308. Government of South Africa bank accounts.
`Sec. 309. Prohibition on the promotion of United States tourism in South
Africa.
`Sec. 310. Prohibition on United States Government assistance to, involvement
in, or subsidy for trade 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. Restrictions regarding involvement in the South African energy
sector.'.
  (2) The table of contents in section 2 of the Act is further amended--
  (A) by amending the item relating to section 207 to read as follows:
`Sec. 207. Prohibition on assistance to any person or group engaging in
`necklacing'.'.
  (B) by striking the item relating to section 212;
  (C) by amending the items relating to sections 402 and 502, respectively,
  to read as 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
  (D) by adding after the item relating to section 606 the following items:
`Sec. 607. Coordinator of South Africa sanctions.
`Sec. 608. Interagency coordinating committee on South Africa.'.
  (b) Conforming Amendments to the Act-
  (1) Section 602(a)(1) and 602(b)(1) of the Act are amended by striking
  `318(b),'.
  (2) Section 602(c) is amended by striking paragraph (2) and redesignating
  paragraphs `(3)' and `(4)' as paragraphs `(2)' and `(3)', respectively.
  (3) Section 501(c) of the Act is amended--
  (A) by inserting `or other measures' after `additional measures'; and
  (B)(i) by striking paragraphs (2) and (4);
  (ii) by inserting `and' at the end of paragraph (1);
  (iii) by striking `; and' and inserting in lieu thereof a period at the
  end of paragraph (3); and
  (iv) by redesignating paragraph `(3)' as paragraph `(2)'.
  (c) EFFECTIVE DATE- The amendments made by this section shall take effect
  180 days after the date of the enactment of this Act.
SEC. 302. EFFECTIVE DATE.
  Except as otherwise provided, this Act and the amendments made by this
  Act shall take effect on the date of the enactment of this Act.