Sanctioning Apartheid - KORA

impose a cornphmive trade embargo of South Africa and forced
all US. companies to leave South Africa within 180 days sf
enactment. On August 15,1986, the Senate passed SZOl, which
sought to impme more limited sanctions than the House bill. The
How adopted this version without changes, thereby etiminating
the need for a Housesenate conference. The F'rddent vetad the
bill on September 26,1986, and, in turn, was overridden by ttre
House on September 29,1986 and the Senate on October 2,1986.
Gornphmsive Anti-Apartheid Act of 1986, Pub. L No. 9944, 100
StaL 1086 (1986).
2 Section 3(6) of the Act defines South Africa as including "any
~Undlerthe~leeplor~ofSouIhAErica.. . P
Namibia is an inkmational territory under the de jure authority of
the United Nations but the illegal occupation of South Africa. For
all pqmseiI thedore, the sanctions imposed by the Act apply to
Namibia. The "bentustad' or % o m ~ , to w which South
Aftion bIa& are assigned on the basis of ethnic origin are also
d d to be part of South Africa for purposes of the Act. The soded
"independent" homelands include Tmkei, Bophuthatswam,
Cislei and Veda.
3. Executive Order No. 12,!32 cites as its statutory authority, inter nlia,
the International Emergency Economic Powers Act, 50 US.C. ((
1701-1706, and the Natiod Emergencies Act, 50 U5.C. (( 1601-
1651.
4. Some of the sanctions contained in the 158s Executive Order
merely reaffimted sandionsalready in place by existing legislation.
For example, since 1982, the US. has prohibited the export of
annputers to the South African military, police and aptheid-
enfDrcQ entities (the "Berman Amendment" to the Export
Admhbtration Act). Sirtoe 1964, the United States has nestricted
military exports to the iZepubfic of South Africa and to Namibia.
The restrScHons on wnventional military hardware are adminis-
tered and monitored by the Offie of Munitions Control ("OMC")
of the Department of State. The Arms Export Gontrol Act, 22
US.C. 5 2778 (19821, is the statutory authority for export wntrols
on military items. Contto11ed items constitute the United Stats
Munitions List, 22 CFJL 5 121.1 (1987), which is mted by the
Office of Munitions Co-L Id. g 120.1,120.4. In addition, export
controls existed on a category of non-miIitary goods, technoiogy,
and dual-use ibms, i.e, items which have both avilian and military