Comprehensive Anti-Apartheid Act of 1986

Comprehensive Anti-Apartheid Act of 1986 - Title I: Policy of the United States with respect to Ending Apartheid - Requires U.S. policy toward South Africa to be designed to bring about the establishment of a nonracial democracy in South Africa. Sets forth actions that the United States shall encourage South Africa to take, including releasing Nelson Mandela and establishing a timetable for the elimination of apartheid laws. Requires the United States to adjust its actions toward South Africa to reflect the progress made by South Africa in establishing a nonracial democracy.

Declares that U.S. policy toward the victims of apartheid is to use economic, political, diplomatic, and other means to remove the apartheid system and to assist the victims of apartheid to overcome the handicaps imposed on them by apartheid. Sets forth actions the United States will take to help the victims of apartheid.

Declares that U.S. policy toward the other countries in the region shall be designed to encourage democratic forms of government, respect for human rights, political independence, and economic development. Sets forth actions the United States will take toward such countries.

Declares that it is U.S. policy to promote negotiations among representatives of all citizens of South Africa to determine a future political system.

Declares that the United States will encourage all participants in the negotiations to respect the right of all South Africans to participate in the political process without fear of retribution. Requires the United States to work for an agreement to suspend violence and begin negotiations through coordinated actions with the major Western allies and with the governments of the countries in the region.

Expresses the sense of the Congress that the achievement of such an agreement could be promoted if the United States and its major allies would meet to develop a plan to provide multilateral assistance for South Africa in return for South Africa implementing: (1) an end to the state of emergency and the release of political prisoners; (2) the unbanning of groups willing to participate in negotiations and a democratic process; (3) a revocation of the Group Areas Act and the Population Registration Act and the granting of universal citizenship to all South Africans, including homeland residents; and (4) the use of a third party to bring about negotiations to establish power-sharing with the black majority.

Urges the President to seek cooperation among all individuals, groups, and nations to end apartheid.

Title II: Measures to Assist Victims of Apartheid - Amends the Foreign Assistance Act of 1961 to earmark increasing amounts of the education and human resources development assistance funds for FY 1987 through 1989 and a fixed amount for each fiscal year thereafter for scholarships for the victims of apartheid who are attending universities, colleges, and secondary schools in South Africa. Sets forth the manner of selecting the scholarship recipients.

Earmarks a specified amount of the funds available for human rights assistance for FY 1986 for anti-apartheid nongovernmental organizations in South Africa. Earmarks a specified amount of the funds made available to such organizations to provide assistance to political detainees and prisoners and their families.

Requires the Secretary of State (the Secretary) and any other head of a Federal agency carrying out activities in South Africa to try, in procuring goods and services, to assist businesses having more than 50 percent beneficial ownership by nonwhite South Africans.

Amends the Export-Import Bank Act of 1945 to require the Export-Import Bank to take active steps to encourage the use of its guarantee, insurance, and credit facilities in connection with South African businesses that are majority owned by nonwhite South Africans. Exempts from a specified certification requirement exports to or purchases from such businesses.

Expresses the sense of the Congress that the labor practices used by the U.S. Government in South Africa should represent the best of U.S. labor practices and should serve as a model for U.S. nationals in South Africa. Requires the Secretary and the heads of other agencies carrying out activities in South Africa to ensure that the labor practices used in South Africa are governed by a specified Code of Conduct.

Requires the Secretary to acquire residential properties in South Africa that shall be made available to assist victims of apartheid who are U.S. employees in obtaining adequate housing. Requires such property to be acquired only in neighborhoods open to other U.S. employees. Authorizes appropriations for FY 1987 for such housing.

Requires any U.S. national who employs more than 25 persons in South Africa to insure that the Code of Conduct is implemented. Prohibits U.S. intercession with any foreign government or foreign nation on behalf of any U.S. national employing more than 25 persons in South Africa if such U.S. national does not implement the Code of Conduct.

Declares that the Code of Conduct is as follows: (1) desegregating employment facilities; (2) providing equal employment opportunity for all employees; (3) assuring that the pay system is applied to all employees; (4) establishing a minimum wage and salary structure; (5) increasing the number of persons in managerial, supervisory, administrative, clerical, and technical jobs who are disadvantaged by apartheid; (6) taking reasonable steps to improve the quality of employees' lives outside the work environment; and (7) implementing fair labor practices by recognizing the right of all employees to unionize.

Expresses the sense of the Congress that, in addition to the Code of Conduct, U.S. nationals in South Africa should seek to take reasonable measures to extend the scope of influence on activities outside the workplace.

Authorizes the President to issue guidelines and, upon request, advisory opinions on compliance with such principles.

Authorizes the President to require all U.S. nationals employing more than 25 persons in South Africa to register with the Federal Government.

Prohibits providing assistance under this Act to any group that maintains within its ranks any individual who has been found to engage in gross violations of human rights.

Prohibits any U.S. national from making or approving any new investment in South Africa to or on behalf of any controlled South African entity employing 25 or ore individuals if such entity is not adhering to the Code of Conduct.

Title III: Measures by the United States to Undermine Apartheid - Prohibits importing from South Africa: (1) any gold coin minted in South Africa or sold by its Government; (2) arms, ammunition, or military vehicles or any manufacturing data for such articles; and (3) any article grown, produced, or manufactured by an organization owned or controlled by the South African Government except for certain strategic minerals.

Prohibits exporting computers, computer software, or computer technology to or for the use of: (1) the South African military, police, prison system, national security agencies; (2) ARMSCOR and its subsidiaries or the weapons research activities of the South African Council for Scientific and Industrial Research; (3) the administering authorities for apartheid; (4) any apartheid enforcing agency; or (5) any governmental entity which performs any of the above functions.

Permits exports of computers, computer software, and technology to South Africa for other purposes only if a system of end use verification is in effect to ensure that the computers involved will not be used for any function of any of the entities listed above.

Prohibits any U.S. national from making or approving any loan to the South African Government or to any entity owned or controlled by such government. Exempts from such prohibition: (1) loans for any education, housing, or humanitarian benefit which is available to all persons on a nondiscriminatory basis or is available in a geographic area accessible to all population groups; or (2) loans entered into before enactment of this Act.

Requires the Secretary to terminate the 1947 air services agreement between South Africa and the United States. Requires the Secretary of Transportation, upon termination of such agreement, to prohibit any aircraft of a foreign air carrier owned by South Africa or by South African nationals from engaging in air transportation with respect to the United States.

Prohibits, unless the Secretary certifies to the Speaker of the House and the chair of the Senate Foreign Relations Committee that South Africa maintains certain international nuclear safeguards: (1) the Nuclear Regulatory Commission (NRC) from issuing a license for the export to South Africa of certain nuclear facilities, material, technology, or components; (2) the Secretary of Commerce from issuing a license for the export to South Africa of certain goods or technology that may be of significance for nuclear explosive purposes; (3) the Secretary of Energy from authorizing any person to engage in the production of special nuclear material in South Africa; and (4) any executive branch agency or the NRC from approving the retransfer of nuclear goods or technology to South Africa. Exempts certain exports, retransfers, or other activities from such prohibition if specified conditions are met.

Prohibits the issuance of a visa for admission to the United States to any person who is a South African Government official or a member of such official's immediate family except on a case by case basis in the discretion of the Secretary. Terminates the validity of visas held by certain nonimmigrant aliens 30 days after enactment of this Act if such visa was issued before enactment of this Act.

Authorizes the President to sell U.S. gold stocks on the open market and to engage in other gold transactions whenever necessary to affect world gold prices and thereby carry out this Act.

Prohibits a U.S. depository institution from accepting, receiving, or holding a deposit account from the South African Government or from any entity owned or controlled by South Africa.

Terminates the sanctions contained in title III of this Act and certain sanctions contained in title V of this Act if South Africa: (1) releases Nelson Mandela from prison; (2) repeals the state of emergency and releases all detainees held under such state of emergency; (3) unbans political parties; and (4) repeals the Group Areas Act.

Authorizes the President, unless the Congress enacts a joint resolution of disapproval, to suspend or modify such sanctions after the President determines and reports to the Congress that South Africa has: (1) taken any two of the four actions listed in the preceding paragraph; and (2) made substantial progress toward dismantling apartheid and establishing a nonracial democracy.

Title IV: Multilateral Measures to Undermine Apartheid - Declares that: (1) it is U.S. policy to seek international cooperation with the industrialized democracies on measures which will encourage an end to apartheid; and (2) negotiations to reach international cooperative arrangements with such countries should begin promptly and be concluded within 180 days of enactment of this Act. Authorizes the President to modify the sanctions imposed under title III of this Act to conform with such an agreement. Declares that each such agreement shall enter into force and effect if: (1) the President, at least 30 days before entering into such agreement, notifies the Congress of the intention to enter into such agreement and publishes such notice; (2) after entering into the agreement, the President sends a copy of the agreement and certain other materials to the Congress; and (3) the Congress does not adopt a joint resolution of disapproval within 30 days of transmittal of such documents.

Declares that it shall be an unfair trade practice under the Trade Act of 1974 for any foreign person, partnership, or corporation to benefit from or otherwise take commercial advantage of any sanction or prohibition against a U.S. national imposed by this Act.

Creates a private right of action for U.S. nationals who are required to terminate or curtail business in South Africa against anyone who benefits or takes commercial advantage of such termination or curtailment.

Title V: Future Policy Toward South Africa - Declares that it is U.S. policy to impose additional measures against South Africa if substantial progress has not been made within 12 months of enactment of this Act in ending apartheid and establishing a nonracial democracy.

Requires the President to report annually to the Speaker of the House and the chair of the Senate Foreign Relations Committee beginning one year after enactment of this Act on the extent to which significant progress has been made toward ending apartheid. Requires the report to contain a recommended additional measure if the President determines that South Africa has not made significant progress in ending apartheid and establishing a nonracial democracy. Provides for expedited congressional consideration of a joint resolution which would enact such additional measures.

Requires the Secretary to report to the Congress by December 1, 1986, on the health conditions and on the extent of starvation and malnutrition in the "homelands" areas of South Africa.

Requires the President to report to the Congress, within 90 days of enactment of this Act, on the extent to which the United States is dependent on imports from South Africa of chromium, cobalt, manganese, platinum group metals, ferroalloys, and other strategic and critical materials. Requires the President to develop a program which reduces the U.S. dependence on such imports.

Directs the President to report to the Congress, within 180 days of enactment of this Act, on the role of American assistance in southern Africa describing what needs to be done and what can be done to expand the trade, private investment, and transport prospects of southern Africa's landlocked nations.

Directs the President to report to the Congress, within 180 days of enactment of this Act, on the economic and other relationships of other industrialized democracies with South Africa.

Title VI: Enforcement and Administrative Provisions - Provides for enforcement and administration of this Act. Provides for expedited consideration by the Congress of certain joint resolutions relating to sanctions against South Africa.