United States v. Pieter Van Den Berg

Having entered a conditional plea of guilty to violating the Anti-Apartheid Act, Pieter van den Berg appeals the denial of his motion to dismiss the prosecution on the ground of abatement. Because we conclude that the General Savings Statute applies to the Act, we affirm.

I. Facts and Proceedings

Over President Reagan’s veto, Congress passed the Comprehensive Anti-Apartheid Act of 1986, codified at 22 U.S.C. section 5001 et seq. The Act established United States policy regarding South Africa and imposed significant sanctions against its white minority government. Violations of the sanctions provisions could lead to either civil or criminal liability. 22 U.S.C. § 5113 (b). Congress provided that the subchapter imposing the sanctions (Title III) would automatically “terminate” if the South African government took five steps towards democratization. § 5061(a).

On February 15, 1991 van den Berg was indicted on two counts of importing onion seeds in violation of Title III of the Act, 22 U.S.C. section 5069 (1), and one count of conspiracy to violate the Act. On July 10, 1991, while the prosecution was pending, President Bush signed Executive Order 12769, which declared that the…