L.L. 1993/075

Enactment date: 10/26/1993

Int. No. 800

By the Speaker (Council Member Vallone) and Council Members Pinkett, Foster, Povman, Robinson, Freed, Clarke, Eisland, Linares, Warden, Berman, Castaneira-Colon, Cruz, Malave-Dilan, Fields, Fisher, Harrison, Horwitz, Koslowitz, Leffler, Marshall, McCaffrey, Michels, O'Donovan, Pagan, Rivera, Robles, Ruiz, Sabini, Spigner, Watkins, White, Williams and Wooten (By the request of the Mayor) (Read and referred to the Committee on Governmental Operations) (Passed under a message of necessity from the Mayor)

A Local Law to amend the New York City Charter and the Administrative Code of the City of New York, In relation to lifting restrictions on City business with banks, trust companies and contractors that do business In South Africa, and to repeal section 1523 of the Charter and section 6-115 of the Administrative Code, related thereto

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. New York City has been in the forefront of those states and localities that have adopted selective purchasing and investment policies to reflect their support of the struggle of the people of South Africa against apartheid. That Nelson Mandela and the African National Congress have chosen New York City to make the clarion call for the lifting of sanctions is a testament to New York's leadership role in support of the aspirations of the people of South Africa.

On September 24, 1993, Mr. Mandela called for the lifting of sanctions. Accordingly, this local law provides for the repeal of the City's anti-apartheid law, effective retroactively to the date of the request by Mr. Mandela on behalf of the Africa National Congress.

The City urges the business community to respond to calls from the new leadership of South Africa for help in building a new democratic society in South America. It is incumbent upon corporations to engage in responsible investment, conducting business in South Africa in a manner that comports with the laws established by the new government, and any code of corporate citizenship which the new South African government may define for itself.

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[Consolidated provisions are not included in this Appendix A]

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§ 5.   a.   Notwithstanding any provision of sections 1523 or 1524 of the charter of the city of New York, no bank or trust company shall be deemed ineligible for certification or for the deposit or investment of city funds on the basis of actions related to South Africa taken on or after September 24, 1993.

   b.   Notwithstanding any provision of a contract entered into prior to the effective date of this local law, a person who has stipulated that it would comply with the anti-apartheid contract provisions set forth in such contract pursuant to section 6-115 of the administrative code of the city of New York shall not be deemed to be in violation of such section or in breach of such contract on the basis of any action taken or business conducted by such person or its affiliates on or after September 24, 1993.

§ 6. This local law shall lake effect immediately and shall be deemed to have been in effect on September 24, 1993.