Addressing Egregious Actions of the Republic of South Africa
Signed: February 7, 2025
Published: February 12, 2025
Document Number: 2025-02630
📋Summary
This executive order directs U.S. agencies to stop providing most U.S. foreign aid or assistance to South Africa, citing South Africa’s expropriation law and other policies the order describes as rights violations and contrary to U.S. foreign policy and security interests. It affects U.S. executive departments and agencies that fund or run assistance programs involving South Africa, as well as South African beneficiaries of that aid. It also instructs the State Department and Department of Homeland Security to prioritize humanitarian relief, including refugee admission and resettlement, for Afrikaners in South Africa who the order says are victims of racial discrimination. Agency heads may still allow specific aid to continue if they decide it is necessary or appropriate, and implementation must follow existing law and available funding.
💼Business Impact
This order most directly affects businesses that sell to or partner with U.S. government-funded programs in South Africa—especially NGOs/contractors, logistics and professional services firms, and suppliers to USAID/State-funded health, education, and development projects—because agencies are directed to halt aid/assistance “to the maximum extent allowed by law.” Companies should expect contract pauses, stop-work orders, funding gaps, or re-scoping, while also seeing opportunities to support wind-down services, compliance advisory, and (potentially) refugee resettlement-related services (housing, staffing, legal, translation) in the U.S. Immediate actions: inventory any revenue tied to U.S. foreign assistance in South Africa, review contract clauses for termination/suspension and payment protections, engage contracting officers/grant managers for written guidance, and tighten country-risk controls for South Africa exposure (counterparty due diligence, political-risk insurance review, and contingency plans for relocating staff or operations).
Full Text
Executive Order 14204 of February 7, 2025
Addressing Egregious Actions of the Republic of South Africa
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1 . Purpose. In shocking disregard of its citizens' rights, the Republic of South Africa (South Africa) recently enacted Expropriation Act 13 of 2024 (Act), to enable the government of South Africa to seize ethnic minority Afrikaners' agricultural property without compensation. This Act follows countless government policies designed to dismantle equal opportunity in employment, education, and business, and hateful rhetoric and government actions fueling disproportionate violence against racially disfavored landowners.
In addition, South Africa has taken aggressive positions towards the United States and its allies, including accusing Israel, not Hamas, of genocide in the International Court of Justice, and reinvigorating its relations with Iran to develop commercial, military, and nuclear arrangements.
The United States cannot support the government of South Africa's commission of rights violations in its country or its ‘undermining United States foreign policy, which poses national security threats to our Nation, our allies, our African partners, and our interests.
Sec. 2 . Policy. It is the policy of the United States that, as long as South Africa continues these unjust and immoral practices that harm our Nation:
(a) the United States shall not provide aid or assistance to South Africa; and
(b) the United States shall promote the resettlement of Afrikaner refugees escaping government-sponsored race-based discrimination, including racially discriminatory property confiscation.
Sec. 3 . Assistance. (a) All executive departments and agencies (agencies), including the United States Agency for International Development, shall, to the maximum extent allowed by law, halt foreign aid or assistance delivered or provided to South Africa, and shall promptly exercise all available authorities and discretion to halt such aid or assistance.
(b) The head of each agency may permit the provision of any such foreign aid or assistance that, in the discretion of the relevant agency head, is necessary or appropriate.
Sec. 4 . Refugee Resettlement and Other Humanitarian Considerations. The Secretary of State and the Secretary of Homeland Security shall take appropriate steps, consistent with law, to prioritize humanitarian relief, including admission and resettlement through the United States Refugee Admissions Program, for Afrikaners in South Africa who are victims of unjust racial discrimination. Such plan shall be submitted to the President through the Assistant to the President and Homeland Security Advisor.
Sec. 5 . General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. ( printed page 9498)
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
February 7, 2025.