troops in that country today continues to adversely affect the prospects for longterm improvement of the United States-Soviet bilateral relationship in many fields of great importance to the global community; (8) the Soviet leadership appears to be engaged in a calculated policy of raising hopes for a withdrawal of Soviet troops from Afghanistan in the apparent belief that words will substitute for genuine action in shaping world opinion; and (9) President Reagan, in his February 4, 1986, State of the Union Address promised the Afghan people that "America will support with moral and material assistance your right not just to fight and die for freedom, but to fight and win freedom". (b) POLICY.-(1) It is the sense of the Congress that the United States, so long as Soviet military forces occupy Afghanistan, should support the efforts of the people of Afghanistan to regain the sovereignty and territorial integrity of their nation through (A) the appropriate provisions of material support; (B) renewed multilateral initiatives aimed at encouraging Soviet military withdrawal, the return of an independent and nonaligned status to Afghanistan, and a peaceful political settlement acceptable to the people of Afghani stan, which includes provision for the return of Afghan refugees in safety and dignity; (C) a continuous and vigorous public information campaign to bring the facts of the situation in Afghanistan to the attention of the world; (D) frequent efforts to encourage the Soviet leadership and the Soviet-backed Afghan regime to remove the barriers erected against the entry into and report. ing of events in Afghanistan by international journalists; and (E) vigorous efforts to impress upon the Soviet leadership the penalty that continued military action in Afghanistan imposes upon the building of a longterm constructive relationship with the United States, because of the negative effect that Soviet policies in Afghanistan have on attitudes toward the Soviet Union among the American people and the Congress. (2) It is further the sense of the Congress that the Secretary of State should (A) determine whether the actions of Soviet forces against the people of Afghanistan constitute the international crime of Genocide as defined in Article II of the International Convention on the Prevention and Punishment of the Crime of Genocide, signed on behalf of the United States on December 11, 1948 and, if the Secretary determines that Soviet actions may constitute the crime of genocide, he shall report his findings to the President and the Congress, along with recommended actions; and (B) review United States policy with respect to the continued recognition of the Soviet puppet government in Kabul to determine whether such recognition is in the interest of the United States. Approved August 27, 1986. Legislative history: House Reports: No. 99-494 (Comm. on Foreign Affairs) and No. 99-783 (Comm. of Conference). Senate Reports: No. 99-304 (Comm. on Foreign Relations). Congressional Record, Vol. 132 (1986): Mar. 18, considered and passed House. June 25, considered and passed Senate, amended. Aug. 12, House and Senate agreed to conference report. PUBLIC LAW 99-415 AN ACT To authorize United States contributions to the International Fund established pursuant to the November 15, 1985, agreement between the United Kingdom and Ireland, as well as other assistance. 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 “Anglo-Irish Agreement Support Act of 1986". SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS.-The Congress finds that the Anglo-Irish Agreement is a clear demonstration of the determination of the Government of the United Kingdom and the Government of Ireland to make progress concerning the complex situation in Northern Ireland. The Congress strongly supports the Anglo-Irish Agreement and is par ticularly encouraged that these two neighboring countries, long-standing friends of the United States, have joined together to rebuild a land that has too often been the scene of economic hardship and where many have suffered severely from the consequences of violence in recent years. In recognition of our ties to kinship, history, and commitment to democratic values, the Congress believes the United States should participate in this renewed commitment to social and economic progress in Northern Ireland and affected areas of Ireland. (b) PURPOSES.-It is, therefore, the purpose of this Act to provide for United States contributions in support of the Anglo-Irish Agreement, such contributions to consist of economic support fund assistance for payment to the International Fund established pursuant to the Anglo-Irish Agreement, as well as other assistance to serve as an incentive for economic development and reconciliation in Ireland and Northern Ireland. The purpose of these United States contributions shall be to support the Anglo-Irish Agreement in promoting reconciliation in Northern Ireland and the establishment of a society in Northern Ireland in which all may live in peace, free from discrimination, terrorism, and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government. SEC. 3. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND. (a) FISCAL YEAR 1986.-Of the amounts made available for the fiscal year 1986 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), $50,000,000 shall be used for United States contributions to the International Fund. Pending the formal establishment of the International Fund and submission of the certification required by section 5(c) of this Act, these funds may, pursuant to an agreement with the Government of the United Kingdom and the Government of Ireland, be disbursed into and maintained in a separate account. (b) FISCAL YEARS 1987 AND 1988.-Of the amounts made available for each of the fiscal years 1987 and 1988 to carry out that chapter, $35,000,000 shall be used for United States contributions to the International Fund; and that amount is hereby authorized to be appropriated for each of those fiscal years to carry out that chapter (in addition to amounts otherwise authorized to be appropriated). Amounts appropriated pursuant to this subsection are authorized to remain available until expended. SEC. 4. OTHER ASSISTANCE. (a) AVAILABLE AUTHORITIES.-In addition to other available authorities, the following authorities may be used to provide assistance or other support to carry out the purposes of section 2 of this Act: (1) Section 108 of the Foreign Assistance Act of 1961 (relating to the Private Sector Revolving Fund). (2) Sections 221 through 223 of that Act (relating to the Housing Guaranty Program). (3) Title IV of chapter 2 of part I of that Act (relating to the Overseas Private Investment Corporation), without regard to the limitation contained in paragraph (2) of the second undesignated paragraph of section 231 of that Act. (4) Section 661 of that Act (relating to the Trade and Development Program). Other Laws.-Assistance under this Act may be provided without regard to any other provision of law. SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO THE UNITED STATES CONTRIBUTIONS. (a) PROMOTING ECONOMIC AND SOCIAL RECONSTRUCTION AND DEVELOPMENT.-The United States contributions provided for in this Act may be used only to support and promote economic and social reconstruction and development in Ireland and Northern Ireland. The restrictions contained in sections 531(e) and 660(a) of the Foreign Assistance Act of 1961 apply with respect to any such contributions. (b) UNITED STATES REPRESENTATION ON the Board of THE FUND.-The President shall make every effort, in consultation with the Government of the United Kingdom and the Government of Ireland, to ensure that there is United States representation on the Board of the International Fund. (c) PRIOR CERTIFICATIONS.-Each fiscal year, the United States may make contributions to the International Fund only if the President certifies to the Congress that he is satisfied that— (1) the Board of the International Fund, as a whole, is broadly representative of the interests of the communiities in Ireland and Northern Ireland; and (2) disbursements from the International Fund (A) will be distributed in accordance with the principle of equality of opportunity and nondiscrimination in employment, without regard to religious affiliation; and (B) will address the needs of both communities in Northern Ireland. Each such certification shall include a detailed explanation of the basis for the President's decision. SEC. 6. ANNUAL REPORTS. At the end of each fiscal year in which the United States Government makes any contribution to the International Fund, the President shall report to the Congress on the degree to which (1) the International Fund has contributed to reconcilation between the communities in Northern Ireland; (2) the United States contribution to the International Fund is meeting its objectives of encouraging new investment, job creation, and economic reconstruction on the basis of strict equality of opportunity; and (3) the International Fund has increased respect for the human rights and fundamental freedoms of all people in Northern Ireland. SEC. 7. REQUIREMENTS RELATING TO FUNDS FOR “INTERNATIONAL ORGANIZATIONS AND CONFERENCES". (a) Disbursements, Audits, and Reports.-The provisions relating to disbursements on vouchers, audits, and submission of reports with respect to expenditures pursuant to the Joint Resolution of July 11, 1956 (Public Law 689), shall also apply with respect to expenditures pursuant to section 109(c) of the Act of November 22, 1983 (Public Law 98-164). (b) FUNDS SUBJECT TO REQUIREMENTS.-That section is amended (1) by striking out "In addition to" and inserting in lieu thereof "Of"; (2) by striking out "by section 102(2)" and all that follows through "1985" and inserting in lieu thereof "for each fiscal year"; (3) by inserting "may be used" before "for expenses"; and (4) by striking out all that follows "participation in" through "such as". SEC. 8. DEFINITIONS. As used in this Act (1) the term "Anglo-Irish Agreement" means the Agreement Between the Government of Ireland and the Government of the United Kingdom dated November 15, 1985; and (2) the term "International Fund" means the international fund for economic development projects in Northern Ireland and Ireland, established pursuant to Article 10 of the Anglo-Irish Agreement. Approved September 19, 1986. Legislative History: Congressional Record, Vol 132 (1986): Mar. 11, considered and passed House. Aug. 13, considered and passed Senate, amended. PUBLIC LAW 99-440 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, SHORT TITLE SECTION 1. This Act may be cited as the "Comprehensive Anti-Apartheid Act of 1986". TABLE OF CONTENTS SEC. 2. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Purpose. TITLE I-POLICY OF THE UNITED STATES WITH RESPECT TO ENDING APARTHEID Sec. 101. Policy toward the Government of South Africa. Sec. 102. Policy toward the African National Congress, etc. Sec. 103. Policy toward the victims of apartheid. Sec. 104. Policy toward other countries in Southern Africa. Sec. 105. Policy toward "frontline" states. Sec. 106. Policy toward a negotiated settlement. Sec. 107. Policy toward international cooperation on measures to end apartheid. Sec. 108. Policy toward necklacing. Sec. 109. United States Ambassador to meet with Nelson Mandela. Sec. 110. Policy toward the recruitment and training of black South Africans by United States employers. TITLE II—MEASURES TO ASSIST VICTIMS OF APARTHEID Sec. 201. Scholarships for the victims of apartheid. Sec. 202. Human rights fund. Sec. 203. Expanding participation in the South African economy. Sec. 204. Export-Import Bank of the United States. Sec. 205. Labor practices of the United States Government in South Africa. Sec. 206. Welfare and protection of the victims of apartheid employed by the United States. Sec. 207. Employment practices of United States nationals in South Africa. Sec. 208. Code of Conduct. Sec. 209. Prohibition on assistance. Sec. 210. Use of the African Emergency Reserve. Sec. 211. Prohibition on assistance to any person or group engaging in "neck-lacing". Sec. 212. Participation of South Africa in agricultural export credit and promotion programs. TITLE III-MEASURES BY THE UNITED STATES TO UNDERMINE APARTHEID Sec. 301. Prohibition on the importation of krugerrands. Sec. 302. Prohibition on the importation of military articles. Sec. 303. Prohibition on the importation of products from parastatal organizations. Sec. 304. Prohibition on computer exports to South Africa. Sec. 305. Prohibition on loans to the Government of South Africa. Sec. 306. Prohibition on air transportation with South Africa. Sec. 307. Prohibitions on nuclear trade with South Africa. Sec. 308. Government of South Africa bank accounts. Sec. 309. Prohibition on importation of uranium and coal from South Africa. Sec. 310. Prohibition on new investment in South Africa. Sec. 311. Termination of certain provisions. Sec. 312. Policy toward violence or terrorism. Sec. 313. Termination of tax treaty and protocol. Sec. 314. Prohibition on United States Government procurement from South Africa. Sec. 315. Prohibition on the promotion of United States tourism in South Africa. Sec. 316. Prohibition on United States Government assistance to, investment in, or subsidy for trade with, South Africa. Sec. 317. Prohibition on sale or export of items on Munition List. Sec. 318. Munitions list sales, notification. Sec. 319. Prohibition on importation of South African agricultural products and food. Sec. 320. Prohibition on importation of iron and steel. Sec. 321. Prohibition on exports of crude oil and petroleum products. Sec. 322. Prohibition on cooperation with the armed forces of South Africa. Sec. 323. Prohibition on sugar imports. TITLE IV-MULTILATERAL MEASURES TO UNDERMINE APARTHEID Sec. 401. Negotiating authority. Sec. 402. Limitation on imports from other countries. Sec. 403. Private right of action. TITLE V-FUTURE POLICY TOWARD SOUTH AFRICA Sec. 501. Additional measures. Sec. 502. Lifting of prohibitions. Sec. 503. Study of health conditions in the "homelands" areas of South Africa. Sec. 504. Reports on South African imports. Sec. 505. Study and report on the economy of southern Africa. Sec. 506. Report on relations between other industrialized democracies and South Africa. Sec. 507. Study and report on deposit accounts of South African nationals in United States banks. Sec. 508. Study and report on the violation of the international embargo on sale and export of military articles (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— |