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22 U.S.C. § 5001 — Repealed. Pub. L. 103–149, § 4(a)(2), Nov
Federal law — U.S. Code and appendices · legal_authorities
Page 1638
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4904
fairs Training Center or other appropriate insti-
tution.
(d) Housing and transportation
The Secretary of State shall, pursuant to reg-
ulations—
(1) provide housing for each Fellow while the
Fellow is serving abroad, including (where ap-
propriate) housing for family members; and
(2) pay the costs and expenses incurred by
each Fellow in traveling between the United
States and the country in which the Fellow
serves, including (where appropriate) travel
for family members.
(e) Effective date
Subsection (d) of this section shall not take ef-
fect until October 1, 1986.
(Pub. L. 99–399, title X, § 1004, Aug. 27, 1986, 100
Stat. 894; Pub. L. 102–511, title VIII, § 804(a), Oct.
24, 1992, 106 Stat. 3353; Pub. L. 107–132, § 1(b), Jan.
16, 2002, 115 Stat. 2412.)
Editorial Notes
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–132 substituted ‘‘George
P. Shultz National Foreign Affairs Training Center’’
for ‘‘Foreign Service Institute’’.
1992—Subsec. (a). Pub. L. 102–511 inserted at end ‘‘Not
less than 15 shall be provided during fiscal year 1993.’’
Statutory Notes and Related Subsidiaries
FUNDING
Pub. L. 102–511, title VIII, § 804(b), Oct. 24, 1992, 106
Stat. 3353, provided that: ‘‘In addition to the funds
made available pursuant to section 1005(c) of that Act
[22 U.S.C. 4904(c)], funds authorized to be appropriated
by chapter 11 of part I of the Foreign Assistance Act of
1961 [22 U.S.C. 2295 et seq.] may be used in carrying out
the amendment made by subsection (a) [amending this
section] with respect to missions in the independent
states of the former Soviet Union.’’
§ 4904. Secretary of State
(a) Determinations
The Secretary of State shall determine which
of the individuals selected by the Bo
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Page 1638
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4904
fairs Training Center or other appropriate insti-
tution.
(d) Housing and transportation
The Secretary of State shall, pursuant to reg-
ulations—
(1) provide housing for each Fellow while the
Fellow is serving abroad, including (where ap-
propriate) housing for family members; and
(2) pay the costs and expenses incurred by
each Fellow in traveling between the United
States and the country in which the Fellow
serves, including (where appropriate) travel
for family members.
(e) Effective date
Subsection (d) of this section shall not take ef-
fect until October 1, 1986.
(Pub. L. 99–399, title X, § 1004, Aug. 27, 1986, 100
Stat. 894; Pub. L. 102–511, title VIII, § 804(a), Oct.
24, 1992, 106 Stat. 3353; Pub. L. 107–132, § 1(b), Jan.
16, 2002, 115 Stat. 2412.)
Editorial Notes
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–132 substituted ‘‘George
P. Shultz National Foreign Affairs Training Center’’
for ‘‘Foreign Service Institute’’.
1992—Subsec. (a). Pub. L. 102–511 inserted at end ‘‘Not
less than 15 shall be provided during fiscal year 1993.’’
Statutory Notes and Related Subsidiaries
FUNDING
Pub. L. 102–511, title VIII, § 804(b), Oct. 24, 1992, 106
Stat. 3353, provided that: ‘‘In addition to the funds
made available pursuant to section 1005(c) of that Act
[22 U.S.C. 4904(c)], funds authorized to be appropriated
by chapter 11 of part I of the Foreign Assistance Act of
1961 [22 U.S.C. 2295 et seq.] may be used in carrying out
the amendment made by subsection (a) [amending this
section] with respect to missions in the independent
states of the former Soviet Union.’’
§ 4904. Secretary of State
(a) Determinations
The Secretary of State shall determine which
of the individuals selected by the Board will
serve at each United States diplomatic or con-
sular mission abroad and the position in which
each will serve.
(b) Authorities
Fellows may be employed—
(1) under a temporary appointment in the
civil service;
(2) under a limited appointment in the For-
eign Service; or
(3) by contract under the provisions of sec-
tion 2669(c) of this title.
(c) Funding
Funds appropriated to the Department of
State for ‘‘Salaries and Expenses’’ shall be used
for the expenses incurred in carrying out this
chapter.
(Pub. L. 99–399, title X, § 1005, Aug. 27, 1986, 100
Stat. 894; Pub. L. 100–204, title I, § 187, Dec. 22,
1987, 101 Stat. 1368; Pub. L. 101–454, § 9(d), Oct. 24,
1990, 104 Stat. 1066.)
Editorial Notes
AMENDMENTS
1990—Subsec.
(a).
Pub.
L.
101–454
substituted
‘‘abroad’’ for ‘‘in the Soviet Union or Eastern Europe’’.
1987—Subsec. (b). Pub. L. 100–204 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as fol-
lows: ‘‘Such service shall be in accordance with the rel-
evant authorities of the Foreign Service Act of 1980,
the State Department Basic Authorities Act of 1956,
and title 5.’’
CHAPTER 60—ANTI-APARTHEID PROGRAM
§ 5001. Repealed. Pub. L. 103–149, § 4(a)(2), Nov.
23, 1993, 107 Stat. 1505
Section, Pub. L. 99–440, § 3, Oct. 2, 1986, 100 Stat. 1087;
Pub. L. 99–631, § 1(a)(2), Nov. 7, 1986, 100 Stat. 3515; Pub.
L. 103–149, § 4(a)(3)(A), Nov. 23, 1993, 107 Stat. 1505, de-
fined terms for purposes of this chapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective June 8, 1994, date on which President
certified to Congress that interim government, elected
on nonracial basis through free and fair elections, had
taken office in South Africa, see section 4(a)(2) of Pub.
L. 103–149, set out in a Repeal of Chapter; South African
Democratic Transition Support note below.
SHORT TITLE
Pub. L. 99–440, § 1, Oct. 2, 1986, 100 Stat. 1086, provided
that Pub. L. 99–440, which enacted this chapter and sec-
tions 2151o and 2346d of this title, amended sections
2151c and 2151n of this title and section 635 of Title 12,
Banks and Banking, and enacted provisions set out as
a note under section 2346d of this title, could be cited
as the ‘‘Comprehensive Anti-Apartheid Act of 1986’’,
prior to repeal by Pub. L. 103–149, § 4(a)(2), Nov. 23, 1993,
107 Stat. 1505.
REPEAL OF CHAPTER; SOUTH AFRICAN DEMOCRATIC
TRANSITION SUPPORT
Pub. L. 103–149, Nov. 23, 1993, 107 Stat. 1503, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘South African Demo-
cratic Transition Support Act of 1993’.
‘‘SEC. 2. FINDINGS.
‘‘The Congress makes the following findings:
‘‘(1) After decades of apartheid, South Africa has
entered a new era which presents a historic oppor-
tunity for a transition to a peaceful, stable, and
democratic future.
‘‘(2) The United States policy of economic sanctions
toward the apartheid government of South Africa, as
expressed in the Comprehensive Anti-Apartheid Act
of 1986 [22 U.S.C. 5001 et seq.], helped bring about re-
forms in that system of government and has facili-
tated the establishment of a nonracial government.
‘‘(3) Through broad and open negotiations, the par-
ties in South Africa have reached a landmark agree-
ment on the future of their country. This agreement
includes the establishment of a Transitional Execu-
tive Council and the setting of a date for nonracial
elections.
‘‘(4) The international community has a vital inter-
est in supporting the transition from apartheid to-
ward nonracial democracy.
‘‘(5) The success of the transition in South Africa is
crucial to the stability and economic development of
the southern African region.
‘‘(6) Nelson Mandela of the African National Con-
gress and other representative leaders in South Afri-
ca have declared that the time has come when the
Page 1639
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 5001
international community should lift all economic
sanctions against South Africa.
‘‘(7) In light of recent developments, the continu-
ation of these economic sanctions is detrimental to
persons disadvantaged by apartheid.
‘‘(8) Those calling for the lifting of economic sanc-
tions against South Africa have made clear that they
do not seek the immediate termination of the United
Nations-sponsored special sanctions relating to arms
transfers, nuclear cooperation, and exports of oil. The
Ad Hoc Committee on Southern Africa of the Organi-
zation of African Unity, for example, has urged that
the oil embargo established pursuant to a 1986 Gen-
eral Assembly resolution be lifted after the establish-
ment and commencement of the work of the Transi-
tional Executive Council.
‘‘SEC. 3. UNITED STATES POLICY.
‘‘It is the sense of the Congress that—
‘‘(1) the United States should—
‘‘(A) strongly support the Transitional Executive
Council in South Africa,
‘‘(B) encourage rapid progress toward the estab-
lishment of a nonracial democratic government in
South Africa, and
‘‘(C) support a consolidation of democracy in
South Africa through democratic elections for an
interim government and a new nonracial constitu-
tion;
‘‘(2) the United States should continue to provide
assistance to support the transition to a nonracial
democracy in South Africa, and should urge inter-
national financial institutions and other donors to
also provide such assistance;
‘‘(3) to the maximum extent practicable, the United
States should consult closely with international fi-
nancial institutions, other donors, and South African
entities on a coordinated strategy to support the
transition to a nonracial democracy in South Africa;
‘‘(4) in order to provide ownership and managerial
opportunities, professional advancement, training,
and employment for disadvantaged South Africans
and to respond to the historical inequities created
under apartheid, the United States should—
‘‘(A) promote the expansion of private enterprise
and free markets in South Africa,
‘‘(B) encourage the South African private sector
to take a special responsibility and interest in pro-
viding such opportunities, advancement, training,
and employment for disadvantaged South Africans,
‘‘(C) encourage United States private sector in-
vestment in and trade with South Africa,
‘‘(D) urge United States investors to develop a
working partnership with representative organs of
South African civil society, particularly churches
and trade unions, in promoting responsible codes of
corporate conduct and other measures to address
the historical inequities created under apartheid;
‘‘(5) the United States should urge the Government
of South Africa to liberalize its trade and investment
policies to facilitate the expansion of the economy,
and to shift resources to meet the needs of disadvan-
taged South Africans;
‘‘(6) the United States should promote cooperation
between South Africa and other countries in the re-
gion to foster regional stability and economic
growth; and
‘‘(7) the United States should demonstrate its sup-
port for an expedited transition to, and should adopt
a long term policy beneficial to the establishment
and perpetuation of, a nonracial democracy in South
Africa.
‘‘SEC. 4. REPEAL OF APARTHEID SANCTIONS LAWS
AND OTHER MEASURES DIRECTED AT SOUTH
AFRICA.
‘‘(a) COMPREHENSIVE ANTI-APARTHEID ACT.—
‘‘(1) IN GENERAL.—All provisions of the Comprehen-
sive Anti-Apartheid Act of 1986 (22 U.S.C. 5001 and fol-
lowing) are repealed as of the date of enactment of
this Act [Nov. 23, 1993], except for the sections speci-
fied in paragraph (2).
‘‘(2) EFFECTIVE DATE OF REPEAL OF CODE OF CONDUCT
REQUIREMENTS.—Sections 1, 3, 203(a), 203(b), 205, 207,
208, 601, 603, and 604 of the Comprehensive Anti-Apart-
heid Act of 1986 [22 U.S.C. 5001 note, 5001, 5031(a), (b),
5032, 5034, 5035, 5111, 5113, 5114] are repealed as of the
date on which the President certifies to the Congress
that an interim government, elected on a nonracial
basis through free and fair elections, has taken office
in South Africa. [A Presidential message to Congress
dated June 8, 1994, set out in 30 Weekly Compilation
of Presidential Documents 1258, June 13, 1994, cer-
tified that interim government, elected on nonracial
basis through free and fair elections, had taken office
in South Africa.]
‘‘(3) CONFORMING AMENDMENTS.—(A) Section 3 of the
Comprehensive Anti-Apartheid Act of 1986 [22 U.S.C.
5001] is amended by striking paragraphs (2) through
(4) and paragraphs (7) through (9), by inserting ‘and’
at the end of paragraph (5), and by striking ‘; and’ at
the end of paragraph (6) and inserting a period.
‘‘(B) The following provisions of the Foreign Assist-
ance Act of 1961 that were enacted by the Comprehen-
sive Anti-Apartheid Act of 1986 are repealed: sub-
sections (e)(2), (f), and (g) of section 116 (22 U.S.C.
2151n); section 117 (22 U.S.C. 2151o), relating to assist-
ance for disadvantaged South Africans; and section
535 (22 U.S.C. 2346d). Section 116(e)(1) of the Foreign
Assistance Act of 1961 is amended by striking ‘(1)’.
‘‘(b) OTHER PROVISIONS.—The following provisions are
repealed or amended as follows:
‘‘(1) Subsections (c) and (d) of section 802 of the
International Security and Development Cooperation
Act of 1985 (99 Stat. 261) is repealed.
‘‘(2) Section 211 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1986 and 1987 (99 Stat. 432) is re-
pealed, and section 1(b) of that Act is amended by
striking the item in the table of contents relating to
section 211.
‘‘(3) Sections 1223 and 1224 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (101
Stat. 1415) is repealed, and section 1(b) of that Act is
amended by striking the items in the table of con-
tents relating to sections 1223 and 1224.
‘‘(4) Section 362 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1992 and 1993 (105 Stat. 716) is
repealed, and section 2 of that Act is amended by
striking the item in the table of contents relating to
section 362.
‘‘(5) Section 2(b)(9) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(b)(9)) is repealed.
‘‘(6) Section 43 of the Bretton Woods Agreements
Act (22 U.S.C. 286aa) is amended by repealing sub-
section (b) and by striking ‘(a)’.
‘‘(7) Section 330 of H.R. 5205 of the 99th Congress
(Department of Transportation and Related Agencies
Appropriations Act, 1987) (22 U.S.C. 5056a) as incor-
porated by reference in section 101(l) of Public Law
99–500 and Public Law 99–591, and made effective as if
enacted into law by section 106 of Public Law 100–202,
is repealed.
‘‘(8)(A) Section 901(j)(2)(C) of the Internal Revenue
Code of 1986 (26 U.S.C. 901(j)(2)(C)) is repealed.
‘‘(B) Subparagraph (A) shall not be construed as af-
fecting any of the transitional rules contained in
Revenue Ruling 92–62 which apply by reason of the
termination of the period for which section 901(j) of
the Internal Revenue Code of 1986 was applicable to
South Africa.
‘‘(9) The table in section 502(b) of the Trade Act of
1974 (19 U.S.C. 2462(b)) is amended by striking ‘Repub-
lic of South Africa’.
‘‘(c) SANCTIONS
MEASURES
ADOPTED
BY
STATE
OR
LOCAL GOVERNMENTS OR PRIVATE ENTITIES.—
‘‘(1) POLICY
REGARDING
RESCISSION.—The Congress
urges all State or local governments and all private
entities in the United States that have adopted any
restriction on economic interactions with South Afri-
ca, or any policy discouraging such interaction, to re-
scind such restriction or policy.
‘‘(2) REPEAL
OF
PROVISIONS
RELATING
TO
WITH-
HOLDING FEDERAL FUNDS.—Effective October 1, 1995,
the following provisions are repealed:
Page 1640
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 5001
‘‘(A) The undesignated paragraph entitled ‘STATE
AND LOCAL ANTI-APARTHEID POLICIES’ in chapter IX
of the Dire Emergency Supplemental Appropria-
tions and Transfers, Urgent Supplementals, and
Correcting Enrollment Errors Act of 1989 (22 U.S.C.
5117).
‘‘(B) Section 210 of the Urgent Supplemental Ap-
propriations Act, 1986 (100 Stat. 749).
‘‘(d) CONTINUATION OF UN SPECIAL SANCTIONS.—It is
the sense of the Congress that the United States should
continue to respect United Nations Security Council
resolutions on South Africa, including the resolution
providing for a mandatory embargo on arms sales to
South Africa and the resolutions relating to the import
of arms, restricting exports to the South African mili-
tary and police, and urging states to refrain from nu-
clear cooperation that would contribute to the manu-
facture and development by South Africa of nuclear
weapons or nuclear devices.
‘‘SEC. 5. UNITED STATES ASSISTANCE FOR THE
TRANSITION TO A NONRACIAL DEMOCRACY.
‘‘(a) IN GENERAL.—The President is authorized and
encouraged to provide assistance under chapter 10 of
part I of the Foreign Assistance Act of 1961 [22 U.S.C.
2293 et seq.] (relating to the Development Fund for Af-
rica) or chapter 4 of part II of that Act [22 U.S.C. 2346
et seq.] (relating to the Economic Support Fund) to
support the transition to nonracial democracy in South
Africa. Such assistance shall—
‘‘(1) focus on building the capacity of disadvantaged
South Africans to take their rightful place in the po-
litical, social, and economic systems of their coun-
try;
‘‘(2) give priority to working with and through
South African nongovernmental organizations whose
leadership and staff represent the majority popu-
lation and which have the support of the disadvan-
taged communities being served by such organiza-
tions;
‘‘(3) in the case of education programs—
‘‘(A) be used to increase the capacity of South Af-
rican institutions to better serve the needs of indi-
viduals disadvantaged by apartheid;
‘‘(B) emphasize education within South Africa to
the extent that assistance takes the form of schol-
arships for disadvantaged South African students;
and
‘‘(C) fund nontraditional training activities;
‘‘(4) support activities to prepare South Africa for
elections, including voter and civic education pro-
grams, political party building, and technical elec-
toral assistance;
‘‘(5) support activities and entities, such as the
Peace Accord structures, which are working to end
the violence in South Africa; and
‘‘(6) support activities to promote human rights, de-
mocratization, and a civil society.
‘‘(b) GOVERNMENT OF SOUTH AFRICA.—
‘‘(1) LIMITATION ON ASSISTANCE.—Except as provided
in paragraph (2), assistance provided in accordance
with this section may not be made available to the
Government of South Africa, or organizations fi-
nanced and substantially controlled by that govern-
ment, unless the President certifies to the Congress
that an interim government that was elected on a
nonracial basis through free and fair elections has
taken office in South Africa.
‘‘(2) EXCEPTIONS.—Notwithstanding paragraph (1),
assistance may be provided for—
‘‘(A) the Transitional Executive Council;
‘‘(B) South African higher education institutions,
particularly those traditionally disadvantaged by
apartheid policies; and
‘‘(C) any other organization, entity, or activity if
the President determines that the assistance would
promote the transition to nonracial democracy in
South Africa.
Any determination under subparagraph (C) should be
based on consultations with South African individ-
uals and organizations representative of the majority
population in South Africa (particularly consulta-
tions through the Transitional Executive Council)
and consultations with the appropriate congressional
committees.
‘‘(c) INELIGIBLE ORGANIZATIONS.—
‘‘(1) ACTS OF VIOLENCE.—An organization that has
engaged in armed struggle or other acts of violence
shall not be eligible for assistance provided in accord-
ance with this section unless that organization is
committed to a suspension of violence in the context
of progress toward nonracial democracy.
‘‘(2) VIEWS INCONSISTENT WITH DEMOCRACY AND FREE
ENTERPRISE.—Assistance provided in accordance with
this section may not be made available to any organi-
zation that has espoused views inconsistent with de-
mocracy and free enterprise unless such organization
is engaged actively and positively in the process of
transition to a nonracial democracy and such assist-
ance would advance the United States objective of
promoting democracy and free enterprise in South
Africa.
‘‘SEC.
6.
UNITED
STATES
INVESTMENT
AND
TRADE.
‘‘(a) TAX TREATY.—The President should begin imme-
diately to negotiate a tax treaty with South Africa to
facilitate United States investment in that country.
‘‘(b) OPIC.—The President should immediately ini-
tiate negotiations with the Government of South Afri-
ca for an agreement authorizing the Overseas Private
Investment Corporation [now the United States Inter-
national Development Finance Corporation] to carry
out programs with respect to South Africa in order to
expand United States investment in that country.
‘‘(c) TRADE AND DEVELOPMENT AGENCY.—In carrying
out section 661 of the Foreign Assistance Act of 1961 [22
U.S.C. 2421], the Director of the Trade and Development
Agency should provide additional funds for activities
related to projects in South Africa.
‘‘(d) EXPORT-IMPORT BANK.—The Export-Import Bank
of the United States should expand its activities in con-
nection with exports to South Africa.
‘‘(e) PROMOTING DISADVANTAGED ENTERPRISES.—
‘‘(1) INVESTMENT AND TRADE PROGRAMS.—Each of the
agencies referred to in subsections (b) through (d)
should take active steps to encourage the use of its
programs to promote business enterprises in South
Africa that are majority-owned by South Africans
disadvantaged by apartheid.
‘‘(2) UNITED STATES GOVERNMENT PROCUREMENT.—To
the extent not inconsistent with the obligations of
the United States under any international agree-
ment, the Secretary of State and the head of any
other department or agency of the United States car-
rying out activities in South Africa shall, to the max-
imum extent practicable, in procuring goods or serv-
ices, make affirmative efforts to assist business en-
terprises having more than 50 percent beneficial own-
ership by South African blacks or other nonwhite
South Africans, notwithstanding any law relating to
the making or performance of, or the expenditure of
funds for, United States Government contracts.
‘‘SEC. 7. INFORMATION AND EDUCATIONAL EX-
CHANGE PROGRAMS.
‘‘The Director of the United States Information
Agency should use the authorities of the United States
Information and Educational Exchange Act of 1948 [22
U.S.C. 1431 et seq.] to promote the development of a
nonracial democracy in South Africa.
‘‘SEC. 8. OTHER COOPERATIVE AGREEMENTS.
‘‘In addition to the actions specified in the preceding
sections of this Act, the President should seek to con-
clude cooperative agreements with South Africa on a
range of issues, including cultural and scientific issues.
‘‘SEC. 9. INTERNATIONAL FINANCIAL INSTITU-
TIONS AND OTHER DONORS.
‘‘(a) IN GENERAL.—The President should encourage
other donors, particularly Japan and the European
Page 1641
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§§ 5034, 5035
Community countries, to expand their activities in
support of the transition to nonracial democracy in
South Africa.
‘‘(b) INTERNATIONAL
FINANCIAL
INSTITUTIONS.—The
Secretary of the Treasury should instruct the United
States Executive Director of each relevant inter-
national financial institution, including the Inter-
national Bank for Reconstruction and Development
and the International Development Association, to
urge that institution to initiate or expand its lending
and other financial assistance activities to South Afri-
ca in order to support the transition to nonracial de-
mocracy in South Africa.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary of the
Treasury should instruct the United States Executive
Director of each relevant international financial insti-
tution to urge that institution to fund programs to ini-
tiate or expand technical assistance to South Africa for
the purpose of training the people of South Africa in
government management techniques.
‘‘SEC. 10. CONSULTATION WITH SOUTH AFRICANS.
‘‘In carrying out this Act, the President should con-
sult closely with South African individuals and organi-
zations representative of the majority population in
South Africa (particularly consultations through the
Transitional Executive Council) and others committed
to abolishing the remnants of apartheid.’’
[For abolition of United States Information Agency
(other than Broadcasting Board of Governors and Inter-
national Broadcasting Bureau), transfer of functions,
and treatment of references thereto, see sections 6531,
6532, and 6551 of this title.]
NON-FEDERAL RESTRICTIONS AND REGULATIONS
House Resolution 549, Ninety-ninth Congress, Sept.
12, 1986, provided: ‘‘That in passing the bill, H.R. 4868,
as amended by the Senate [enacted into law as Pub. L.
99–440], it is not the intent of the House of Representa-
tives that the bill limit, preempt, or affect, in any fash-
ion, the authority of any State or local government or
the District of Columbia or of any Commonwealth, ter-
ritory, or possession of the United States or political
subdivision thereof to restrict or otherwise regulate
any financial or commercial activity respecting South
Africa.’’
§ 5002. Repealed. Pub. L. 103–149, § 4(a)(1), Nov.
23, 1993, 107 Stat. 1504
Section, Pub. L. 99–440, § 4, Oct. 2, 1986, 100 Stat. 1089,
related to purpose of this chapter.
SUBCHAPTER
I—POLICY
OF
UNITED
STATES
WITH
RESPECT
TO
ENDING
APARTHEID
§§ 5011 to 5020. Repealed. Pub. L. 103–149,
§ 4(a)(1), Nov. 23, 1993, 107 Stat. 1504
Section 5011, Pub. L. 99–440, title I, § 101, Oct. 2, 1986,
100 Stat. 1089, stated United States policy toward Gov-
ernment of South Africa.
Section 5012, Pub. L. 99–440, title I, § 102, Oct. 2, 1986,
100 Stat. 1090; Pub. L. 99–631, § 1(a)(3), Nov. 7, 1986, 100
Stat. 3515, stated United States policy toward African
National Congress, Pan African Congress, and their af-
filiates.
Section 5013, Pub. L. 99–440, title I, § 103, Oct. 2, 1986,
100 Stat. 1090; Pub. L. 99–631, § 1(a)(4), Nov. 7, 1986, 100
Stat. 3515, stated United States policy toward victims
of apartheid.
Section 5014, Pub. L. 99–440, title I, § 104, Oct. 2, 1986,
100 Stat. 1091; Pub. L. 99–631, § 1(a)(5), Nov. 7, 1986, 100
Stat. 3515, stated United States policy toward other
countries in Southern Africa.
Section 5015, Pub. L. 99–440, title I, § 105, Oct. 2, 1986,
100 Stat. 1091; Pub. L. 99–631, § 1(a)(6), Nov. 7, 1986, 100
Stat. 3516, stated sense of Congress as to Presidential
discussions with ‘‘frontline’’ African states.
Section 5016, Pub. L. 99–440, title I, § 106, Oct. 2, 1986,
100 Stat. 1092; Pub. L. 99–631, § 1(a)(7), Nov. 7, 1986, 100
Stat. 3516, stated United States policy toward nego-
tiated settlement.
Section 5017, Pub. L. 99–440, title I, § 107, Oct. 2, 1986,
100 Stat. 1093, stated congressional findings and policy
toward international cooperation on measures to end
apartheid.
Section 5018, Pub. L. 99–440, title I, § 108, Oct. 2, 1986,
100 Stat. 1093, stated sense of Congress relating to
‘‘necklacing’’.
Section 5019, Pub. L. 99–440, title I, § 109, Oct. 2, 1986,
100 Stat. 1093; Pub. L. 99–631, § 1(a)(8), Nov. 7, 1986, 100
Stat. 3516, stated sense of Congress that United States
Ambassador should meet with Nelson Mandela.
Section 5020, Pub. L. 99–440, title I, § 110, Oct. 2, 1986,
100 Stat. 1093, stated congressional findings and sense
of Congress relating to recruitment and training of
black South Africans by United States employers.
SUBCHAPTER II—MEASURES TO ASSIST
VICTIMS OF APARTHEID
§§ 5031, 5032. Repealed. Pub. L. 103–149, § 4(a)(2),
Nov. 23, 1993, 107 Stat. 1505
Section 5031, Pub. L. 99–440, title II, § 203, Oct. 2, 1986,
100 Stat. 1095; Pub. L. 103–149, § 4(a)(1), Nov. 23, 1993, 107
Stat. 1504, related to expansion of participation of
black and other nonwhite South Africans in economy
of South Africa.
Section 5032, Pub. L. 99–440, title II, § 205, Oct. 2, 1986,
100 Stat. 1096, related to labor practices of United
States Government in South Africa.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective June 8, 1994, date on which President
certified to Congress that interim government, elected
on nonracial basis through free and fair elections, had
taken office in South Africa, see section 4(a)(2) of Pub.
L. 103–149, set out in a Repeal of Chapter; South African
Democratic Transition Support note under section 5001
of this title.
§ 5033. Repealed. Pub. L. 103–149, § 4(a)(1), Nov.
23, 1993, 107 Stat. 1504
Section, Pub. L. 99–440, title II, § 206, Oct. 2, 1986, 100
Stat. 1097, directed Secretary of State to provide hous-
ing assistance to employees of the United States who
are victims of apartheid.
§§ 5034, 5035. Repealed. Pub. L. 103–149, § 4(a)(2),
Nov. 23, 1993, 107 Stat. 1505
Section 5034, Pub. L. 99–440, title II, § 207, Oct. 2, 1986,
100 Stat. 1097; Pub. L. 99–631, § 1(a)(9), Nov. 7, 1986, 100
Stat. 3516, related to employment practices of United
States nationals in South Africa.
Section 5035, Pub. L. 99–440, title II, § 208, Oct. 2, 1986,
100 Stat. 1097; Pub. L. 99–631, § 1(a)(10), Nov. 7, 1986, 100
Stat. 3516, related to Code of Conduct for Americans in
South Africa.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective June 8, 1994, date on which President
certified to Congress that interim government, elected
on nonracial basis through free and fair elections, had
taken office in South Africa, see section 4(a)(2) of Pub.
L. 103–149, set out in a Repeal of Chapter; South African
Democratic Transition Support note under section 5001
of this title.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations barring assistance; assistance for needy people** No assistance may be provided under subchapter I of this chapter, and no support may be provided under subchapter II of chapter 103 of this title, to the government of any country which engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons, or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country.
**(b) 11 So in original. Two subsecs. (b) have been enacted. Information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance** In determining whether this standard is being met with regard to funds allocated under subchapter I of this chapter or subchapter II of chapter 103 of this title, the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives may require the Administrator primarily responsible for administering subchapter I of this chapter or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable, to submit in writing information demonstrating that such assistance or support will directly benefit the needy people in such country, together with a detailed explanation of the assistance or support to be provided (including the dollar amounts of such assistance or support) and an explanation of how such assistance or support will directly benefit the needy people in such country. If
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151n
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Federal law — U.S. Code and appendices · legal_authorities
Page 619
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2151n
1 So in original. Two subsecs. (b) have been enacted.
tional economies of such countries, and added subsecs.
(b) and (c).
1975—Pub. L. 94–161 substituted ‘‘This subchapter’’ for
‘‘Sections 2151a through 2151e of this title’’.
Statutory Notes and Related Subsidiaries
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE
CERTAIN PARTS OF SUBCHAPTER II
References to subchapter I of this chapter are deemed
to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and
VIII (§ 2349aa et seq.) of subchapter II of this chapter,
and references to subchapter II are deemed to exclude
such parts. See section 202(b) of Pub. L. 92–226, set out
as a note under section 2346 of this title, and sections
2348c and 2349aa–5 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see
section 512(a) of Pub. L. 96–53, set out as a note under
section 2151 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–424 effective Oct. 1, 1978,
see section 605 of Pub. L. 95–424, set out as a note under
section 2151 of this title.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
§§ 2151l, 2151m. Repealed. Pub. L. 95–424, title I,
§§ 102(f), 104(b), Oct. 6, 1978, 92 Stat. 942, 947
Section 2151l, Pub. L. 87–195, pt. I, § 114, as added Pub.
L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub.
L. 95–88, title I, § 109, Aug. 3, 1977, 91 Stat. 536, prohib-
ited use of funds for performance of abortions or invol-
untary sterilizations.
Section 2151m, Pub. L. 87–195, pt. I, § 115, as added
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2151n
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 87–195, pt. I, § 117, as added Pub. L. 99–440, title II, § 201(b), Oct. 2, 1986, 100 Stat. 1094, related to assistance for disadvantaged South Africans.
A prior section 2151o, Pub. L. 87–195, pt. 1, § 117, as added Pub. L. 95–88, title I, § 112, Aug. 3, 1977, 91 Stat. 537, related to a strategy for programs of nutrition and health improvement for mothers and children, prior to repeal by Pub. L. 95–424, title I, § 103(c), Oct. 6, 1978, 92 Stat. 945, eff. Oct. 1, 1978.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151o
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Federal law — U.S. Code and appendices · legal_authorities
Page 625
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2151p
ethnic conflict and promoting government ac-
countability and respect for human rights.
The amount made available under this para-
graph may be referred to as the ‘‘Father John
Kaiser Memorial Fund’’.
(Pub. L. 107–228, div. A, title VI, § 664, Sept. 30,
2002, 116 Stat. 1406.)
Editorial Notes
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in sub-
sec. (c)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424.
Chapter 4 of part II of the Act is classified generally to
part IV (§ 2346 et seq.) of subchapter II of this chapter.
For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title
and Tables.
CODIFICATION
Section was enacted as part of the Freedom Invest-
ment Act of 2002, and also as part of the Department of
State Authorization Act, Fiscal Year 2003 and the For-
eign Relations Authorization Act, Fiscal Year 2003, and
not as part of the Foreign Assistance Act of 1961 which
comprises this chapter.
Statutory Notes and Related Subsidiaries
PURPOSES
Pub. L. 107–228, div. A, title VI, § 662, Sept. 30, 2002, 116
Stat. 1405, provided that: ‘‘The purposes of this subtitle
[subtitle E (§§ 661–665) of title VI of div. A of Pub. L.
107–228, see Short Title of 2002 Amendments note set
out under section 2151 of this title] are the following:
‘‘(1) To underscore that promoting and protecting
human rights is in the national interests of the
United States and is consistent with American values
and beliefs.
‘‘(2) To establish a goal of devoting one percent of
the funds available to the Department under ‘Diplo-
matic and Consular Programs’, other than such funds
that will be made available for worldwide security
upgrades and
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2151o
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Federal law — U.S. Code and appendices · legal_authorities
The President is authorized to provide assistance to the independent states of the former Soviet Union under this part for the following activities:
(1) **Urgent humanitarian needs** — Meeting urgent humanitarian needs (including those arising from the health effects of exposure to radiation in the Chernobyl region), in particular—
(A) meeting needs for medicine, medical supplies and equipment, and food, including the nutritional needs of infants such as processed baby food; and
(B) continuing efforts to rebuild from the earthquake in Armenia.
(2) **Democracy and rule of law** — Establishing a democratic and free society by fostering—
(A) political, social, and economic pluralism;
(B) respect for internationally recognized human rights and the rule of law;
(C) the development of institutions of democratic governance, including electoral and legislative processes;
(D) the institution and improvement of public administration at the national, intergovernmental, regional, and local level;
(E) development and support of grass-roots and nongovernmental organizations promoting democracy, the rule of law, transparency, and accountability in the political process, including grants in small amounts to such organizations;
(F) international exchanges and other forms of public diplomacy to promote greater understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies;
(G) political parties and coalitions committed to promoting democracy, human rights, and economic reforms;
(H) support for civic organizations committed to promoting human rights;
(I) the development of effective control by elected civilian officials over, and the development of a nonpolitical officer corps in
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2295
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Federal law — U.S. Code and appendices · legal_authorities
Page 763
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2295
PART
XI—SUPPORT
FOR
ECONOMIC
AND
DEMO-
CRATIC
DEVELOPMENT
OF
THE
INDEPENDENT
STATES OF THE FORMER SOVIET UNION
§ 2295. Assistance for the independent states
The President is authorized to provide assist-
ance to the independent states of the former So-
viet Union under this part for the following ac-
tivities:
(1) Urgent humanitarian needs
Meeting urgent humanitarian needs (includ-
ing those arising from the health effects of ex-
posure to radiation in the Chernobyl region),
in particular—
(A) meeting needs for medicine, medical
supplies and equipment, and food, including
the nutritional needs of infants such as proc-
essed baby food; and
(B) continuing efforts to rebuild from the
earthquake in Armenia.
(2) Democracy and rule of law
Establishing a democratic and free society
by fostering—
(A) political, social, and economic plu-
ralism;
(B) respect for internationally recognized
human rights and the rule of law;
(C) the development of institutions of
democratic governance, including electoral
and legislative processes;
(D) the institution and improvement of
public administration at the national, inter-
governmental, regional, and local level;
(E) development and support of grass-roots
and nongovernmental organizations pro-
moting democracy, the rule of law, trans-
parency, and accountability in the political
process, including grants in small amounts
to such organizations;
(F) international exchanges and other
forms of public diplomacy to promote great-
er understanding on how democracy, the
public policy process, market institutions,
and an independent judiciary function in
Western societies;
(G) political parties and coalitions com-
mitted to promoting democracy, human
rights, an
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2295
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determinations** The Secretary of State shall determine which of the individuals selected by the Board will serve at each United States diplomatic or consular mission abroad and the position in which each will serve.
**(b) Authorities** Fellows may be employed—
(1) under a temporary appointment in the civil service;
(2) under a limited appointment in the Foreign Service; or
(3) by contract under the provisions of [section 2669(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2669/c&num=0&edition=prelim).
**(c) Funding** Funds appropriated to the Department of State for “Salaries and Expenses” shall be used for the expenses incurred in carrying out this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4904
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Federal law — U.S. Code and appendices · legal_authorities
Page 1638
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4904
fairs Training Center or other appropriate insti-
tution.
(d) Housing and transportation
The Secretary of State shall, pursuant to reg-
ulations—
(1) provide housing for each Fellow while the
Fellow is serving abroad, including (where ap-
propriate) housing for family members; and
(2) pay the costs and expenses incurred by
each Fellow in traveling between the United
States and the country in which the Fellow
serves, including (where appropriate) travel
for family members.
(e) Effective date
Subsection (d) of this section shall not take ef-
fect until October 1, 1986.
(Pub. L. 99–399, title X, § 1004, Aug. 27, 1986, 100
Stat. 894; Pub. L. 102–511, title VIII, § 804(a), Oct.
24, 1992, 106 Stat. 3353; Pub. L. 107–132, § 1(b), Jan.
16, 2002, 115 Stat. 2412.)
Editorial Notes
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–132 substituted ‘‘George
P. Shultz National Foreign Affairs Training Center’’
for ‘‘Foreign Service Institute’’.
1992—Subsec. (a). Pub. L. 102–511 inserted at end ‘‘Not
less than 15 shall be provided during fiscal year 1993.’’
Statutory Notes and Related Subsidiaries
FUNDING
Pub. L. 102–511, title VIII, § 804(b), Oct. 24, 1992, 106
Stat. 3353, provided that: ‘‘In addition to the funds
made available pursuant to section 1005(c) of that Act
[22 U.S.C. 4904(c)], funds authorized to be appropriated
by chapter 11 of part I of the Foreign Assistance Act of
1961 [22 U.S.C. 2295 et seq.] may be used in carrying out
the amendment made by subsection (a) [amending this
section] with respect to missions in the independent
states of the former Soviet Union.’’
§ 4904. Secretary of State
(a) Determinations
The Secretary of State shall determine which
of the individuals selected by the Bo
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4904
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 5115, Pub. L. 99–440, title VI, § 605, Oct. 2, 1986, 100 Stat. 1115, related to construction of this chapter.
Section 5116, Pub. L. 99–440, title VI, § 606, Oct. 2, 1986, 100 Stat. 1115, related to penalties for application of State and local anti-apartheid laws to certain State and local government contracts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5001
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.