Sanctioning Apartheid - KORA

Sanctioning Apdd
Indeed, they may have Mted, wen inverse impact in the early
stages. Over the long term, hmer, they have a corrosive effed:
on the emnomy and become a significant additive to other
international and intermil pressllres on a WernmentW
To some txbmt, the polifid realities that weighed on
Congress when it voted for less than comprehensive sanctions
against South Africa rrrn be mdastood and the limited nature of
the readking sanctions amepked. In some rspcls, their Zimited
nature represents an atbempt by Congress to direct their impad
on the South Afnican Government, as opposed .to the Swth
Africrln people. The South kfricrm sanctions also represmt the
first time in mm~t histD ry Shat ChipsI not the M a t , has
impomi substantial 6anetioas on another anantry. Other US.
sanctions have been Imposed by Executive Order. The experience
under the Act teaches that when there is a fundamental
divergence of viavs between the Went and Congress with
respect to the necessity or nature of sanclions, the statutory
proPisions must be drafted with pdon to gumntee that
Corqpsshnal intent is fdided.
Less undersfadable or acceptable, however, are the other
processes that have mded the effectiveness of the sanctions that
Congress did impose. After v g e of the Act, its implemen-
Was ahusaed t0 Administration which pbLidy and
vehepz~tly opposed mclions against South Africa This generated
understanda2,le soncem among members of Congress and
Americrrns rmppwhg sanctions against South Africa that
Congnssianal intent with respect to the sanetiom would d v e
less than full and faithful imp1ementation.
An in-depth assessment of Fhmtive agency action reveals
that,inprt,thism~hasbeenrealized W i t h ~ t o ~
of the sanctions, little or no issue can be taken with the Fxmtive
Branch implemcmtation of the statutory language and Congressional
intent. With regpeEt to other proVisimI howeverI
sipifbnt problems have arisen that call into question khe
* .
Admmsbation's fai- adherace to the Mta and the spirit of
theActdrddiEferenceshtarehdbo~econeilebetw~
the manner in which certain sanctio116 againat South Africa are
intqmtd and the manner in which similar sanctions against
other countries have h interpreted.
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