Page:United States Statutes at Large Volume 107 Part 2.djvu/555

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PUBLIC LAW 103-149—NOV. 23, 1993 107 STAT. 1507 (5) support activities and entities, such as the Peace Accord structures, which are workm^ to end the violence in South . Airica; and (6) support activities to promote human rights, democratization, and a civil society. (b) GOVERNMENT OF SOUTH AFMCA.— (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 financed and substantially controlled by that government, 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 ofiHice 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 individuals and organizations representative of the majority population in South Africa (particularly consultations 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 accordance 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 ENTER- PRISE. —Assistance provided in accordance with this section may not be made available to any organization that has espoused views inconsistent with democracy and free enterprise unless such organization is engaged actively and positively in the process of transition to a nonracial democracy and such assistance would advance the United States objective of promoting democracy and free enterprise in South Africa. SEC. 6. UNITED STATES INVESTMENT AND TRADE. 22 USC 5001 (a) TAX TREATY. —The President should begin immediately to negotiate a t€uc treaty with South Africa to facilitate United States investment in that country. (b) OPIC.— The President should immediatehr initiate negotiations with the Government of South Africa for an agreement authorizing the Overseas Private Investment 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, the Director of the Trade and Development Agency should provide additional funds for activities related to projects in South Africa.