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John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/South African Sanctions
(3 of 6)
Box: 50
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
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WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name ROBERTS, JOHN: FILES
Withdrawer
CAS 7/27/2005
s outh
File Folder
JGR/SPUTH AFRICAN SANCTIONS (3)
FOIA
F05-128/01
Box Number
12666
BECKER
3CAS
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1 NOTE
ED TO JOHN RE DRAFT REPORT
1
ND
B6
193
(PARTIAL)
CUPY Reagan Presidential Record
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA)
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose Information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
language-
PRESIDENT'S DECISION ON SOUTH AFRICAN MEASURES
-- President sending a strong signal to South African
Government: apartheid must go; time is now for bold action;
actions assert his strong leadership on this issue;
-- This is not a shift in policy; US policy has long included
measures to disassociate ourselves from apartheid;
--Actions are consistent with President's intent to maintain
active presence and influence of American companies, churches,
teachers, diplomats, in pushing for change in South Africa;
--President shares concerns of American people about racism:
his action designed to speak for entire nation;and pull
American people together on this important issue.
Main difference between E.O and proposed legislation is that
E.O. can be amended or terminated at any time by President
giving him flexibility needed to conduct foreign policy.
--President's measures not designed to destroy damage South African
economy and hurt those we are trying to help; targetted on
specific elements of government apparatus;
--President wants to work with congress, action accepts much of
what Congress had proposed, but does so in a more surgical,
productive manner; Amount have to asking part
also in in policies
1th
--E.O. commits US to maintain strong presence in South Africa;
Alim
supports fair employment practices of US companies, increases
comment
USG funds for scholarships and human rights activities:
#
--E.O. prohibits U.S. banklending to South African Government,
except loans which would promote welfare of all South Africans;
--E.O. bans computer sales to military, police, and the apartheid -
enforcing agencies;
--E.O. prohibits/nuclear u.s. commerce, except for items needed for
exports
health and safety. or for IAEA safeguard programs;
--E.O. requires firms to adhere to principles similar to
voluntary Sullivan program; goal is to maintain voluntarism,
but those who do not adhere will be denied USG trade assistance;
--E.O. requires USG to consult with GATT partners on krugerrand
ban. and to consider (positively minting US gold coins;
2,
--E.O. will establish advisory committee of distinguished
Americans to advise on South African developments;
--E.O. will implement UN resolution, which US supported,
banning imports of South African arms;
0233h
PRESIDENTIAL REMARKS:
SOUTH AFRICA
MONDAY, SEPTEMBER 9, 1985
I want to talk about South Africa -- about what America can
do to help promote peace and justice in that country so troubled
and tormented by racial conflict.
The system of apartheid means deliberate, systematic,
institutionalized racial discrimination denying the black
majority their God-given rights. America's view of Apartheid is
simple and straightforward: We believe it is wrong. We condemn
it. And because we live by Lincoln's words -- no man is good
enough to govern another without the other's consent -- all
Americans are united in hoping for the day when apartheid will be
no more.
I belive the measures I am announcing here today are best
designed to advance our goals. If the Congress sends me the
present bill as reported by the Conference Committee, I would
have to veto it. That need not happen. I want to work with the
Congress to advance vipartisan support for America's policy
toward South Africa. That is why I have put forward this
Executive Order today. I respect and share the goals that have
motivated many in Congress to semd a message of US concern about
apartheid insitutions and policies without, and I repeat without,
damaging the economic well-being of millions of people in South
and southern Africa. That is the line I am seeking to draw. If
we genuinely wish -- as I do -- to develop a bipartisan basis of
consensus in support of US policies, this is the basis on which
to proceed.
- 2 -
I believe we must help all those opposing apartheid
peacefully; and we must recognize that the opponents of apartheid
using terrorism and violence will bring not freedom and
salvation, but greater suffering, and quite possibly even greter
tyranny.
What we see in South Africa is a beginning of a process of
change. The changes in policy so far are inadequate -- but
ironically they have been enough to raise expectations and
stimulate demands for more far-reaching immediate change. It is
the growing economic power of the black majority that has put
them in a position to insist on political change. Whether that
government wants it or not, that society is now in a process of
tumultuous, ongoing transition.
South Africa is not a totalitarian society. There is a
vigorous opposition press. Every day we see examples of
outspoken protest and access to the international media that
would never be possible elsewhere in Africa or beyond the
countries with whom we maintain active relations. But it is our
active engagement -- our willingness to try that gives us
influence.
Yes, we in America -- because of what we are and what we
stand for -- have influence to do good. We also have immense
potential to make things worse. Before taking fateful steps, we
must ponder the key question: Are we hoping to change the
system? Or are we punishing the blacks whom we seek to help?
We should weigh carefully the advice of general Buthelezi,
the political leader of South Africa's largest black group, who
plead, don't disinvest.
- 3 -
And we should weigh carefully the argument of Alan Paton,
author of Cry the Beloved Country, who wrote, "I take seriously
the teachings of the Gospels, in particular the parables about
giving drink to the thirsty and food to the hungry
If the
nations of the West condemn us, they will only hinder the process
of our emancipation from the bondage of our history."
American policy through several administrations has been to
use our influence and our leverage against apartheid, not against
innocent people who are the victims of apartheid. Like the
parable of the Good Samaritan, we must be the good neighbor
helping bind up the wounds of the fallen traveller, not the smug,
uncaring stranger who passed him by.
We cannot be true to our heritage by quitting, but by
reaching out; by staying involved; not by reducing our help for
black education and community development, but exxpanding it as
fast as we can. It makes no sense for American companies to
reduce job opportunities for blacks in South Africa when we
should be increasing them. Helping means calling for political
dialogue; it means urging South Africans of all races to seize
the opportunity for peaceful accommodation before it's too late.
And it means rejecting so-called sanction measure that will
only put in place economic hardship on the innocent.
Therefore, after much soul-seraching, I am signing today an
Executive Order that will impose a set of measures designed and
aimed against the machinery of apratheid, without
indiscriminately punishing the people who are victims of that
system -- measures that will dissociate the United States from
apartheid but asociate us affirmatively with peaceful changes:
- 4 -
These steps include:
-- A ban on all computer exports to agencies involved in the
enforcement of apartheid to the security forces.
-- A prohibition of exports of nuclear goods or technology,
except as is required to implement nuclear proliferation
safeguards of the International Atomic Energy Agency or those
necessary for humanitarian reasons to, protect health and safety.
-- A ban on loans to the South African government, except loans
which improve economic opportunities, or educational, housing,
and health facilities that are open and accessible to South
Africans of all races.
Secretary of State and the /
-- I am directing the United States Special Trade
with a
Representative to consult with out major trading partners to
view to
consider the feasibility and legality, under international
banning
trading agreements, of a ban on the importation of Krugerrands.
I am also instructing the Secretary of the Treasury to report to
fencibility
me within 60 days on the advisability of minting an American gold
coin which could provide an alternative to the Krugerrand for our
coin collectors, with R view to seeking legislative authority
for such 2 coin.
I want to encourage ongoing actions by our government and by
private Americans to improve the living standards of South
Africa's black majority. The Sullivan Code -- devised by a
distinguished black minister from Philadelphia, the Reverend Leon
Sullivan -- has set the highest standards of labor practices for
progressive employers through South Africa. I urge all American
companies to participate in it, and I am instructing the American
Ambassador to South Africa to make every effort to get companies
which have not signed to do SO.
- 5 -
In addition, my Executive Order will ban from any kind of
official worldwide export assitance any American firm in South
Africa, employing more than 25 persons, which does not adhere by
the end of this year to the comprehensive fair employment
principles stated in the order.
I am also directing the Secretary of State to increase
disadmontased
substantially the money we provide for scholarships to black
by
opartheid
South Africans and the money our Embassy uses to promote human
rights programs in South Africa.
have directed
to establish
Finally, I am establishing, under the Secretary of State an
Advisory Committee of distinguished Americans to provide
recommendations on measures to encourage peaceful change in South
Africa. The Advisory Committee shall provide its first report no
later than twelve months from today.
I believe these measures are best designed to advance our
goals. If the COngress sends me the present bill as reported by
the Conference, I would have to veto it. I want to work with the
Congress to advance bipartisan support for America's policy
toward South Africa. That is why I have put forward this
Executive Order today.
Three months ago, I recalled our Ambassador in South Africa
for consultations so that he could participate in the intesive
review of the southern African situation tht we have been engaged
in. I am now sending him back, with a message to State President
Botha underlining our grave review of the current crisis, and our
assessment of what is needed to restore confidence abroad and
move from confrontation to negotation at home. The problems of
South Africa were not created overnight and will not be solved
- 6 -
overnight, but there is no time to waste. To withdraw from this
drama -- or to fan its flames -- will serve neither our interests
nor those of the South African people.
If all Americans join together behind a common program, we
can have so much more influence for good. So let us go forward
with a clear vision and an open heart, working for justice and
brotherhood and peace.
United States Department of State
The Legal Adviser
Washington, D.C.
To OMB - Mr. Cooney
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
TAX
WASHINGTON, D.C. 20503
September 8, 1985
Hon. Edwin Meese, III
Attorney General
Department of Justice
Washington, D.C.
Dear Mr. Attorney General:
Enclosed, in accordance with the provisions of Executive Order
No. 11030, as amended, is a proposed Executive order, submitted
by the Department of State, entitled "Prohibiting Trade and
Certain Other Transactions Involving South Africa."
The proposed order would impose limitations on several aspects
of our economic relationships with South Africa because of the
system of apartheid maintained by its government. In particular,
the proposed order would prohibit United States financial
institutions from making or approving loans to the Government
of South Africa or entities that it owns or controls. The
proposal also would extend existing bans on the export of
nuclear materials and computers and computer-related products
to South Africa.
In order to implement certain provisions of the proposed Executive
order, including the prohibition of loans to the Government of
South Africa, it will be necessary for the President to invoke
his authority under the International Emergency Economic Powers
Act. By signing the proposed order, the President would determine
that conditions in South Africa constitute such an extraordinary
threat to the foreign policy and economy of the United States
that a declaration of national emergency is appropriate. In the
view of the Department of State, current conditions are sufficient
to warrant declaration of such an economic emergency.
In order to comply with the notification provisions of IEEPA, the
President must sign the letters attached to the Executive order
informing Congress that he has exercised his authority under
that statute and stating the reasons why he believes such action
is necessary.
The National Security Council has requested that the proposed
Executive order be processed as promptly as possible, in order
that the proposal may be presented to the President for his
consideration on Monday morning, September 9.
Your staff may direct any questions concerning the proposed
Executive order to Mr. John F. Cooney (395-5600) of this office.
The proposed Executive order has the approval of the Director
of the Office of Management and Budget.
Sincerely,
John Guy
the Director
OFFICE
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATES
WASHINGTON, D.C. 20503
September 8, 1985
MEMORANDUM FOR: THE PRESIDENT
FROM:
JOSEPH PROPOSED R. EXECUTIVE WRIGHT, JR. ORDER AlKeel ENTITLED for JW.
SUBJECT:
"PROHIBITING TRADE AND CERTAIN OTHER
TRANSACTIONS INVOLVING SOUTH AFRICA"
SUMMARY. This memorandum forwards for your consideration a
proposed Executive order, submitted by the Department of State,
that would implement your decision to impose limitations on
United States economic relationships with South Africa because of
the system of apartheid maintained by the government of that
country.
BACKGROUND. On September 6, the President determined to restrict
United States economic relationships with South Africa because of
the system of intentional discrimination and deprivation of
economic and political rights maintained by the Government of
South Africa against a majority of its population.
The proposed Executive order would impose limitations on several
aspects of American economic relationships with South Africa.
The restrictions set forth in the proposed order are similar in
many respects to those provisions of the conference committee
version of H.R. 1460, currently awaiting action in the Senate,
that are within the authority of the Executive Branch under
current law. The principal restrictions imposed by the proposal
are as follows:
o
United States financial institutions would be
prohibited from making loans to the Government of South
Africa or entities that it owns or controls, with
exceptions for housing, education, and health loans,
and such other transactions as the Secretary of the
Tresury may determine will improve the welfare of all
South Africans;
A prohibition on export of nuclear materials, goods or
technology to South Africa;
An extension of the existing ban on exports of
computers, computer software, or goods or technology
intended to service computers to or for use by certain
South African agencies;
Imposition of a mandatory arms embargo against import
of certain defense articles produced in South Africa.
In addition, the proposed Executive order would:
Create a scholarship and human rights fund, to be
established by the Agency for International Development,
to increase amounts provided for scholarships and other
programs to assist victims of apartheid;
Encourage United States firms employing more than
25 persons in South Africa to comply with the so-called
Sullivan principles; the proposal also would inform
non-complying American companies that the United States
would not intercede with foreign governments regarding
export marketing activity of products produced by them
in South Africa;
Instruct the Secretary of State and the United States
Trade Representative to consult with the other parties
to the General Agreement on Tariffs and Trade with a
view toward adopting a prohibition on the import of
Krugerrands; the order also would require the Secretary
of the Treasury to conduct a study, to be completed
within 60 days, regarding the feasibility of minting
and issuing gold coins, with a view toward seeking
legislative authority to accomplish the goal of issuing
such coins; and
Instruct the Secretary of State to create an advisory
committee to make recommendations on measures to
encourage peaceful change in South Africa.
Several statutes provide explicit authority for individual
provisions of the proposed Executive order without further findings
or determinations by the President. However, in order to implement
certain other provisions of the proposed order, including in
particular the prohibition on loans to the Government of South
Africa, it will be necessary for the President to invoke the
provisions of the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.). By signing the Executive order, the
President would determine that conditions in South Africa constitute
such an extraordinary threat to the foreign policy and economy
of the United States that a declaration of national emergency
is appropriate. In the view of the Department of State, current
conditions in South Africa are sufficient to warrant declaration
of such an economic emergency.
In order to comply with the notification provisions of IEEPA,
after signing the proposed Executive order, the President must
sign the attached letters informing Congress that he has
exercised his authority under that statute and stating the reasons
why he believes such action is necessary to deal with the
circumstances that constitute the unusual and extraordinary
threat to the United States.
Time has not permitted circulation of the proposed Executive
order to all affected agencies for formal clearance. However,
the order has the concurrence of the National Security Council
and the Departments of Justice, State and Treasury. Therefore,
issuance of the proposed order appears appropriate.
RECOMMENDATION. I recommend that you sign the proposed
Executive order.
EXECUTIVE ORDER
PROHIBITING TRADE AND CERTAIN OTHER
TRANSACTIONS INVOLVING SOUTH AFRICA
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
1601 et seq.), the Foreign Assistance Act (22 U.S.C. 2151 et
seq.), the United Nations Participation Act (22 U.S.C. 287),
the Arms Export Control Act (22 U.S.C. 2751 et. seq.), the
Export Administration Act (50 U.S.C. App. 2401 et seq.), the
Atomic Energy Act (42 U.S.C. 2011 et seq.), the Foreign Service
Act (22 U.S.C. 3901 et seq.), the Federal Advisory Committee
Act (5 U.S.C. App. I), Section 301 of Title 3 of the United
States Code, and considering the measures which the United
Nations Security Council has decided on or recommended in
Security Council Resolutions No. 418 of November 4, 1977, No.
558 of December 13, 1984, and No. 569 of July 26, 1985, and
considering that the policy and practice of apartheid are
repugnant to the moral and political values of democratic and
free societies and run counter to United States policies to
promote democratic governments throughout the world and respect
for human rights, and the policy of the United States to
influence peaceful change in that country, as well as the
threat posed to United States interests by recent events in
South Africa,
I, RONALD REAGAN, President of the United States of
America, find that the policies and actions of the Government
of South Africa constitute an unusual and extraordinary threat
to the foreign policy and economy of the United States and
hereby declare a national emergency to deal with that threat.
Section 1. Except as otherwise provided in this section,
the following transactions are prohibited effective October 11,
1985:
(a) The making or approval of any loans by financial
insitutions in the United States to the Government of South
Africa or to entities owned or controlled by that Government.
This prohibition shall enter into force on November 11, 1985.
It shall not apply to (i) any loan or extension of credit for
any educational, housing, or health facility which is available
to all persons on a nondiscriminatory basis and which is
located in a geographic area accessible to all population
groups without any legal or administrative restriction; or (ii)
any loan or extension of credit for which an agreement is
entered into before the date of this Order.
The Secretary of the Treasury is hereby authorized to
promulgate such rules and regulations as may be necessary to
carry out this subsection. The initial rules and regulations
shall be issued within sixty days. The Secretary of the
Treasury may, in consultation with the Secretary of State,
permit exceptions to this prohibition only if the Secretary of
the Treasury determines that the loan or extension of credit
will improve the welfare or expand the economic opportunities
of persons in South Africa disadvantaged by the apartheid
system, provided that no exception may be made for any
apartheid enforcing entity.
(b) All exports of computers, computer software, or goods
or technology intended to service computers to or for use by
any of the following entities of the Government of South Africa:
(1) The military;
(2) The police;
(3) The prison system;
(4) The nationa. security agencies;
(5) ARMSCOR and its subsidiaries or the weapons research
activities of the Council for Scientific and Industrial
Research;
(6) The administering authorities for the black passbook
and similar controls;
(7) Any apartheid enforcing agency;
(8) Any local or regional government or "homeland" entity
which performs any function of any entity described in
paragraphs (1) through (7).
The Secretary of Commerce is hereby authorized to
promulgate such rules and regulations as may be necessary to
carry out this subsection and to implement a system of end use
verification to ensure that any computers exported directly or
indirectly to South Africa will not be used by any entity set
forth in this subsection.
(c) (1) Issuance of any license for the export to South
Africa of goods or technology which are to be used in a nuclear
production or utilization facility, or which, in the judgment
of the Secretary of State, are likely to be diverted for use in
such a facility; any authorization to engage, directly or
indirectly, in the production of any special nuclear material
in South Africa; any license for the export to South Africa of
component parts or other items or substances especially
relevant from the standpoint of export control because of their
significance for nuclear explosive purposes; and any approval
of retransfers to South Africa of any goods, technology,
special nuclear material, components, items or substances
described in this section. The Secretaries of State, Energy,
Commerce, and Treasury are hereby authorized to take such
actions as may be necessary to carry out this subsection.
(2) Nothing in this section shall preclude assistance for
International Atomic Energy Agency safeguards or IAEA programs
generally available to its member states, or for technical
programs for the purpose of reducing proliferation risks, such
as for reducing the use of highly enriched uranium and
activities envisaged by section 223 of the Nuclear Waste Policy
Act (42 U.S.C. 10101) or for exports which the Secretary of
State determines are necessary for humanitarian reasons to
protect the public health and safety.
(d) The import into the United States of any arms,
ammunition, or military vehicles produced in South Africa or of
any manufacturing data for such articles. The Secretaries of
State, Treasury, and Defense are hereby authorized to take such
actions as may be necessary to carry out this subsection.
Sec. 2. (a) The majority of United States firms in South
Africa have voluntarily adhered to fair labor principles which
have benefitted those in South Africa who have been
disadvantaged by the apartheid system. It is the policy of the
United States to encourage strongly all United States firms in
South Africa to follow this commendable example.
(b) Accordingly, no department or agency of the United
States may intercede after December 31, 1985, with any foreign
government :egarding the export marketing activity in any
country of any national of the United States employing more
than 25 individuals in South Africa who does not adhere to the
principles stated in subsection (c) with respect to that
national's operations in South Africa. The Secretary of State
shall promulgate regulations to further define the employers
that will be subject to the requirements of this subsection and
procedures to ensure that such nationals may register that they
have adhered to the principles.
(c) The principles referred to in subsection (b) are as
follows:
(1) Desegregating the races in each employment facility;
(2) Providing equal employment opportunity for all
employees without regard to race or ethnic origin;
(3) Assuring that the pay system is applied to all
employees without regard to race or ethnic origin;
(4) Establishing a minimum wage and salary structure based
on the appropriate local minimum economic level which takes
into account the needs of employees and their families;
(5) Increasing by appropriate means, the number of persons
in managerial, supervisory, administrative, clerical, and
technical jobs who are disadvantaged by the apartheid
system for the purpose of significantly increasing their
representation in such jobs;
(6) Taking reasonable steps to improve the quality of
employees' lives outside the work environment with respect
to housing, transportation, schooling, recreation, and
health;
(7) Implementing fair labor practices by recognizing the
right of all employees, regardless of racial or other
distinctions, to self-organization and to form, join, or
assist labor organizations, freely and without penalty or
reprisal, and recognizing the right to refrain from any
such activity.
(d) United States nationals referred to in subsection (b)
are encouraged to take reasonable measures to extend the scope
of their influence on activities outside the workplace, by
measures such as supporting the right of all businesses,
regardless of the racial character of their owners or
employees, to locate in urban areas, by influencing other
companies in South Africa to follow the standards specified in
subsection (c) and by supporting the freedom of mobility of all
workers, regardless of race, to seek employment opportunities
wherever they exist, and by making provision for adequate
housing for families of employees within the proximity of the
employee's place of work.
Sec. 3. The Secretary of State and the head of any other
department or agency of the United States carrying out
activities in South Africa shall promptly take, to the extent
permitted by law, the necessary steps to ensure that the labor
practices described in section (2) (c) are applied to their
South African employees.
Sec. 4. The Secretary of State and the head of any other
department or agency of the United States carrying out
activities in South Africa shall, to the maximum extent
practicable and to the extent permitted by law, in procuring
goods or services in South Africa, make affirmative efforts to
assist business enterprises having more than 50 percent
beneficial ownership by persons in South Africa disadvantaged
by the apartheid system.
Sec. 5. (a) The Secretary of State and the United States
Trade Representative are directed to consult with other parties
to the General Agreement on Tariffs and Trade with a view
toward adopting a prohibition on the import of Krugerrands.
(b) The Secretary of the Treasury is directed to conduct a
study to be completed within sixty days regarding the
feasibility of minting and issuing gold coins with a view
toward expeditiously seeking legislative authority to
accomplish the goal of issuing such coins.
Sec. 6. In carrying out their respective functions and
responsibilities under this Order, the Secretary of the
Treasury and the Secretary of Commerce shall consult with the
Secretary of State. Each such Secretary shall consult, as
appropriate, with other government agencies and private persons.
Sec. 7. The Secretary of State shall establish, pursuant
to appropriate legal authority, an Advisory Committee on South
Africa to provide recommendations on measures to encourage
peaceful change in South Africa. The Advisory Committee shall
provide its initial report within twelve months.
Sec. 8. The Secretary of State is directed to take the
steps necessary pursuant to the Foreign Assistance Act of 1961
and related legislation to (a) increase the amount of internal
scholarships provided to South Africans disadvantaged by the
apartheid system up to $8 million from funds made available for
Fiscal Year 1986, and (b) increase the amount allocated for
South Africa from funds made available for Fiscal Year 1986 in
the Human Rights Fund up to $1.5 million. At least one-third
of the latter amount shall be used for legal assistance for
South Africans. Appropriate increases in the amounts made
available for these purposes will be considered in future
fiscal years.
Sec. 9. This Order is intended to express and implement
the foreign policy of the United States. It is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
THE WHITE HOUSE,
September 8, 1985
MEMORANDUM FOR THE FILE
SUBJECT: Proposed Executive Order Entitled "Prohibiting Trade
and Certain Other Transactions Involving South Africa"
In the course of meetings and telephone conversations on
September 7 and 8, 1985, with representatives of the Office of
Legal Counsel of the Department of Justice and the Legal Adviser
of the Department of State, we were able to reach agreement upon
certain minor modifications to the proposed Executive order submitted
by the Department of State. The proposed order and accompanying
IEEPA notice have beenreviewed by members of the office of the
General Counsel, Department of the Treasury, who had no objections
to their provisions.
John F. Cooney JFC
Deputy General Counsel
TO THE CONGRESS OF THE UNITED STATES:
Pursuant to section 204 (b) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703, I hereby report to the
Congress that I have exercised my statutory authority to
declare that the policies and actions of the Government of
South Africa constitute an unusual and extraordinary threat to
the foreign policy and economy of the United States and to
declare a national emergency to deal with that threat.
Pursuant to this and other legal authorities, I have
prohibited certain transactions, including the following:
(1) the making or approval of bank loans to the South African
Government, with certain narrow exceptions; (2) the export of
all computers and related goods and technology to certain
government agencies and any apartheid enforcing entity of the
South African Government; (3) all nuclear exports to South
Africa and related transactions, with certain narrow
exceptions; (4) the import into the United States of arms,
ammunition, or military vehicles produced in South Africa; and
(5) the extension of export marketing support to U.S. firms
employing at least twenty-five persons in South Africa which do
not adhere to certain fair labor standards.
In addition, I have directed (6) the Secretary of State and
the United States Trade Representative to consult with other
parties to the General Agreement on Tariffs and Trade with a
view toward adopting a prohibition on the import of
Krugerrands; (7) the Secretary of the Treasury to complete a
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study within 60 days regarding the feasibility of minting U.S.
gold coins; and (8) the Secretary of State to take the steps
necessary to increase the amounts provided for scholarships in
South Africa for those disadvantaged by the system of apartheid
and to increase the amounts allocated for South Africa in the
Human Rights Fund; and (9) the Secretary of State to establish
an Advisory Committee to provide recommendations on measures to
encourage peaceful change in South Africa.
Finally, this Order (10) commends the efforts of U.S. firms
in South Africa that have voluntarily adhered to the Sullivan
principles and encourages all U.S. firms to do likewise.
I am enclosing a copy of the executive order that I have
issued making this declaration and exercising this authority.
1. I have authorized these steps in response to the
current situation in South Africa. It is foreign policy of the
United States to seek peaceful change in South Africa, and in
particular an end to the repugnant practice and policy of
apartheid and the establishment of a government based on the
consent of the governed. Recent developments in South Africa
have serious implications for the prospects for peaceful change
and the stability of the region as a whole, a region of
strategic importance to the United States. The recent
declaration of a state of emergency in 36 magisterial districts
by the Government of South Africa, the mass arrests and
detentions, and the ensuing financial crisis are of direct
concern to the foreign policy and economy of the United
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States. The pace of reform in South Africa has not fulfilled
the expectations of the world community nor the people of South
Africa. Recent government actions regarding negotiations on
the participation of all South Africans in the government of
that country have not sufficiently diffused tensions and may
have indeed exacerbated the situation.
Under these circumstances, I believe that it is necessary
for this nation to recognize that our foreign policy of seeking
change through peaceful means is seriously threatened. In
order for this nation successfully to influence events in that
country, it is necessary for the United States to speak with
one voice and to demonstrate our opposition to apartheid by
taking certain actions directed specifically at key apartheid
policies and agencies.
2. The above-described measures, many of which reflect
congressional concerns, will immediately demonstrate to the
South African Government the seriousness of our concern with
the situation in that country. Furthermore, this declaration
mobilizes the influence of the private sector to promote an
improvement in the economic prosperity, freedom and political
influence of blacks and other nonwhites in South Africa.