Title 22Foreign Relations and IntercourseRelease 119-84

§5 UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL DEMOCRACY.

Title 22 › Chapter CHAPTER 60— - ANTI-APARTHEID PROGRAM › § 5

Last updated Apr 22, 2026|Official source

Summary

The President can give U.S. foreign aid to help South Africa move to a nonracial democracy. The aid must help disadvantaged South Africans join political, social, and economic life. It should mainly work through local nongovernmental groups led by the majority and trusted by the communities they serve. Education help should build South African schools and programs, focus on scholarships inside South Africa for disadvantaged students, and fund new kinds of training. The aid can also help prepare for elections (voter and civic education, party building, and technical election help), back peace and anti‑violence efforts, and support human rights, democracy, and a stronger civil society. Most aid cannot go directly to the South African government or to groups controlled by it unless the President tells Congress that an interim government elected on a nonracial basis through free and fair elections has taken office. Exceptions allow aid to the Transitional Executive Council, to South African higher education institutions hurt by apartheid, and to any other group the President decides will help the transition. Groups that used armed struggle or violence cannot get aid unless they agree to suspend violence while moving toward nonracial democracy. Groups that oppose democracy or free enterprise cannot get aid unless they are actively helping the transition and the aid would support U.S. goals of promoting democracy and free enterprise in South Africa.

Full Legal Text

Title 22, §5

Foreign Relations and Intercourse — Source: USLM XML via OLRC

“(a)The President is authorized and encouraged to provide assistance under chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2293 et seq.] (relating to the Development Fund for Africa) or chapter 4 of part II of that Act [22 U.S.C. 2346 et seq.] (relating to the Economic Support Fund) to support the transition to nonracial democracy in South Africa. Such assistance shall—
“(1)focus on building the capacity of disadvantaged South Africans to take their rightful place in the political, social, and economic systems of their country;
“(2)give priority to working with and through South African nongovernmental organizations whose leadership and staff represent the majority population and which have the support of the disadvantaged communities being served by such organizations;
“(3)in the case of education programs—
“(A)be used to increase the capacity of South African institutions to better serve the needs of individuals disadvantaged by apartheid;
“(B)emphasize education within South Africa to the extent that assistance takes the form of scholarships for disadvantaged South African students; and
“(C)fund nontraditional training activities;
“(4)support activities to prepare South Africa for elections, including voter and civic education programs, political party building, and technical electoral assistance;
“(5)support activities and entities, such as the Peace Accord structures, which are working to end the violence in South Africa; and
“(6)support activities to promote human rights, democratization, and a civil society.
“(b)“(1)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 office in South Africa.
“(2)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.
“(c)“(1)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)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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 5

Title 22Foreign Relations and Intercourse

Last Updated

Apr 22, 2026

Release point: 119-84