Anti-Apartheid Act Amendments of 1988

(Reported to Senate from the Committee on Foreign Relations with amendment, S. Rept. 100-545)

Anti-Apartheid Act Amendments of 1988 - Title I: Sanctions Against Investment In, And Exports To, South Africa And Other Measures (Except Import Restrictions) To End Apartheid - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) any investment in a business enterprise 90 percent owned by and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South Africian emigrant non-resident assets and subject to restrictions on their transfer or disposition. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days.

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, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to the jurisdiction of the United States. 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 and sales on open account. 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 respresentative 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 Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear material in 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 except activities which facilitate the collection of necessary intelligence. Prohibits any such U.S. agency or entity from providing any information in the Government of South Africa relating to: (1) a South African opposition group, organization or individual; or (2) political, economic, or military conditions in any southern African country. Specifies that such prohibitions 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. Provides that any anticipated change in any form of cooperation with the Government of South Africa shall be considered a significant anticipated intelligence activity requiring a presidential finding in accordance with the National Security Act of 1947. Prohibits any U.S. agency or entity from providing any information to the Government of South Africa for the purpose of assisting South Africa to evade any sanctions or prohibitions imposed by this Act. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any such prohibited cooperation. Repeals provisions of the Intelligence Authorization Act for Fiscal Year 1987 concerning restrictions on intelligence agency cooperation with South Africa.

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 in oil, coal, computers, specialized machinery and arms, and to financial credits. 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.

Sets forth penalties for violations of this Act.

Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of 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) 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; (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; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures.

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.

Requires the Secretary of State to submit a report to the Congress concerning South Africa's involvement in international terrorism.

Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, or a parastatal organization thereof, except: (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 persons economically or politically disadvantaged by apartheid.

Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires the President to 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. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions were being enforced by other industrialized democracies must be included in the Secretary of State's annual report to the Congress.

Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions.

Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress 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.)

Requires the President to submit annual reports to the Congress concerning the program to reduce U.S. dependence upon the importation of strategic minerals from South Africa.

Requires the President to confer with the governments of the African "frontline" States regarding measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act.

Title III: General Provisions - Expresses the sense of the Congress that the President should: (1) denounce the use of violence by the South African Government and call upon the South African Government to immediately terminate the nationwide state of emergency and release all detainees; (2) urge the African National Congress to condemn the practice of "necklacing" and to take actions against such practice; and (3) clearly state that the United States does not condone the use of violence as a means of achieving or thwarting political change in South Africa.

Sets forth the effective date of this Act.