Letter to the Speaker of the House of Representatives and the President of the Senate Reporting on the National Emergency With Respect to South Africa

 

September 9, 1987

 

Dear Mr. Speaker: (Dear Mr. President:)

 

On September 9, 1985, in Executive Order 12532 (50 Fed. Reg. 36861, September 10, 1985), I declared a national emergency to deal with the threat to the foreign policy and economy of the United States posed by the policies and actions of the Government of South Africa, pursuant to the International Emergency Economic Powers Act (``IEEPA'') (50 U.S.C. 1701 - 1706), and other authorities. I continued that emergency for a one-year period on September 4, 1986 (51 Fed. Reg. 31925).

 

Pursuant to the declaration of emergency with respect to South Africa, I imposed a variety of trade and other sanctions against the Government of South Africa in Executive Order 12532, and in Executive Order 12535 of October 1, 1985 (50 Fed. Reg. 40325, October 3, 1985).

 

On October 2, 1986, the Congress enacted the Comprehensive Anti-Apartheid Act of 1986 (the ``Act''), imposing a broad range of sanctions against South Africa and Namibia (P.L. 99 - 440, as amended, to be codified at 22 U.S.C. 5001 - 5116). Included within the Act's provisions are all of the measures taken with respect to South Africa pursuant to Executive Orders 12532 and 12535. The Act's legislative history states that these statutory sanctions are intended to be interpreted in the same manner as their predecessors under the Executive orders (132 Cong. Rec. S11627 (daily ed. August 14, 1986)). The Act also contains a congressional finding that ``the situation in South Africa constitutes an emergency in international relations and that action is necessary for the protection of the essential security interests of the United States'' (22 U.S.C. 5017(a)(2)).

 

Section 202(d) of the National Emergencies Act (``NEA'') provides that a declaration of national emergency expires automatically on the anniversary of the declaration, unless previously extended (50 U.S.C. 1622(d)). Because the Federal Government's actions with respect to South Africa since last October have been taken to implement the Act, rather than to implement the narrower Executive order sanctions, maintenance of the Executive order emergency declaration would serve no function and might cause confusion. For these reasons, it is my intention to allow the emergency declaration under IEEPA to lapse on September 9, 1987. All of the substantive United States sanctions against South Africa, and the Administration's actions to implement those sanctions under the Act, will, of course, remain unaffected by the expiration of the 1985 emergency declaration.

 

As required by Section 204(c) of IEEPA (50 U.S.C. 1703(c)), and Section 401(c) of the NEA (50 U.S.C. 1641(c)), I enclose a semiannual and final report on the actions of, and expenditures incurred by, the Federal Government that are directly attributable to the exercise of the powers and authorities conferred by the September 9, 1985, declaration of emergency with respect to South Africa.

 

Sincerely,

 

Ronald Reagan

 

 

National Emergency With Respect to South Africa

 

This report is made pursuant to Section 204(c) of the International Emergency Economic Powers Acts (``IEEPA''), (50 U.S.C. 1703(c)), and Section 401(c) of the National Emergencies Act (``NEA''), (50 U.S.C. 1641(c)), concerning the national emergency with respect to South Africa that was declared in Executive Order 12532 of September 9, 1985. This report covers events that occurred since my last report on September 25, 1986, through the enactment on October 2, 1986, of the Comprehensive Anti-Apartheid Act of 1986 (the ``Act''), to be codified at 22 U.S.C. 5001 - 5116. The Act superseded the sanctions imposed upon South Africa pursuant to the emergency declaration in Executive Order 12532. This is also the final report, required by Section 401 of the NEA, on expenditures incurred by the United States Government that were directly attributable to the exercise of powers and authorities conferred by that emergency declaration.

 

1. During the one-week period from September 25, 1986, to October 2, 1986, the Federal Government was engaged in contingency preparations to implement the Act. Thus, although normal implementation of the regulations issued pursuant to Executive Orders 12532 and 12535 continued in this period, no expenditures solely attributable to this activity were incurred.

 

2. The Act incorporated and broadened the sanctions adopted pursuant to the declaration of emergency under IEEPA. Thus, all implementation of sanctions with respect to South Africa since October 2, 1986, has been based upon the Act, rather than upon the predecessor Executive order measures. Consequently, no expenditures incurred after October 1, 1986, were directly attributable to the exercise of powers and authorities conferred by the IEEPA emergency declaration with respect to South Africa.

 

3. For the period since my declaration of a national emergency with respect to South Africa on September 9, 1985, through the expiration of that emergency on September 9, 1987, the total expenditures of the Federal Government directly attributable to the exercise of powers and authorities conferred by that declaration are estimated at $536,813, of which approximately $404,230 represents wage and salary costs for Federal personnel, and approximately $132,583 represents out-of-pocket expenses. Personnel costs were largely centered in the Departments of Commerce, Energy, State, and the Treasury.

 

Note: Identical letters were sent to Jim Wright, Speaker of the House of Representatives, and George Bush, President of the Senate.