[USC02] 19 USC CHAPTER 23, SUBCHAPTER I: TRADE POLICY FOR SUB-SAHARAN AFRICA
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19 USC CHAPTER 23, SUBCHAPTER I: TRADE POLICY FOR SUB-SAHARAN AFRICA
From Title 19—CUSTOMS DUTIESCHAPTER 23—EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA

SUBCHAPTER I—TRADE POLICY FOR SUB-SAHARAN AFRICA

§3701. Findings

Congress finds that—

(1) it is in the mutual interest of the United States and the countries of sub-Saharan Africa to promote stable and sustainable economic growth and development in sub-Saharan Africa;

(2) the countries of sub-Saharan Africa form a region richly endowed with both natural and human resources;

(3) sub-Saharan Africa represents a region of enormous economic potential and of enduring political significance to the United States;

(4) the region has experienced the strengthening of democracy as countries in sub-Saharan Africa have taken steps to encourage broader participation in the political process;

(5) certain countries in sub-Saharan Africa have increased their economic growth rates, taken significant steps towards liberalizing their economies, and made progress toward regional economic integration that can have positive benefits for the region;

(6) despite those gains, the per capita income in sub-Saharan Africa averages approximately $500 annually;

(7) trade and investment, as the American experience has shown, can represent powerful tools both for economic development and for encouraging broader participation in a political process in which political freedom can flourish;

(8) increased trade and investment flows have the greatest impact in an economic environment in which trading partners eliminate barriers to trade and capital flows and encourage the development of a vibrant private sector that offers individual African citizens the freedom to expand their economic opportunities and provide for their families;

(9) offering the countries of sub-Saharan Africa enhanced trade preferences will encourage both higher levels of trade and direct investment in support of the positive economic and political developments under way throughout the region; and

(10) encouraging the reciprocal reduction of trade and investment barriers in Africa will enhance the benefits of trade and investment for the region as well as enhance commercial and political ties between the United States and sub-Saharan Africa.

(Pub. L. 106–200, title I, §102, May 18, 2000, 114 Stat. 252; Pub. L. 112–163, §1(c), Aug. 10, 2012, 126 Stat. 1274.)

Amendments

2012—Par. (2). Pub. L. 112–163 struck out "48" before "countries".

Effective Date of 2012 Amendment

Pub. L. 112–163, §1(d), Aug. 10, 2012, 126 Stat. 1274, provided that: "The amendments made by this section [amending this section and sections 3706 and 3721 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2012]."

Short Title of 2018 Amendment

Pub. L. 115–167, §1, Apr. 23, 2018, 132 Stat. 1276, provided that: "This Act [enacting section 3707 of this title, amending sections 7703, 7705, 7706, 7708, 7709, 7711, 7712, and 7715 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under this section, section 3707 of this title, and section 7708 of Title 22] may be cited as the 'African Growth and Opportunity Act and Millennium Challenge Act Modernization Act' or the 'AGOA and MCA Modernization Act'."

Short Title of 2015 Amendment

Pub. L. 114–27, title I, §101, June 29, 2015, 129 Stat. 363, provided that: "This title [amending sections 2466a, 2466b, 3702, 3703, and 3721 of this title, enacting provisions set out as notes under this section and sections 2466a and 3705 of this title, and amending provisions set out as a note under this section] may be cited as the 'AGOA Extension and Enhancement Act of 2015'."

Short Title of 2006 Amendment

Pub. L. 109–432, div. D, title VI, §6001, Dec. 20, 2006, 120 Stat. 3190, provided that: "This title [amending section 3721 of this title] may be referred to as the 'Africa Investment Incentive Act of 2006'."

Short Title

Pub. L. 106–200, §1(a), May 18, 2000, 114 Stat. 251, provided that: "This Act [see Tables for classification] may be cited as the 'Trade and Development Act of 2000'."

Pub. L. 106–200, title I, §101, May 18, 2000, 114 Stat. 252, provided that: "This title [enacting this chapter and sections 2466a and 2466b of this title and amending section 2463 of this title and sections 2193 and 2293 of Title 22, Foreign Relations and Intercourse] may be cited as the 'African Growth and Opportunity Act'."

Statement of Policy

Pub. L. 115–167, title I, §101, Apr. 23, 2018, 132 Stat. 1276, provided that: "It is the policy of the United States to support efforts to—

"(1) improve the rule of law, promote free and fair elections, strengthen and expand the private sector, and fight corruption in sub-Saharan Africa; and

"(2) promote the role of women in social, political, and economic development in sub-Saharan Africa."

Findings Relating to Extension and Enhancement of African Growth and Opportunity Act

Pub. L. 114–27, title I, §102, June 29, 2015, 129 Stat. 363, provided that: "Congress finds the following:

"(1) Since its enactment, the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.] has been the centerpiece of trade relations between the United States and sub-Saharan Africa and has enhanced trade, investment, job creation, and democratic institutions throughout Africa.

"(2) Trade and investment, as facilitated by the African Growth and Opportunity Act, promote economic growth, development, poverty reduction, democracy, the rule of law, and stability in sub-Saharan Africa.

"(3) Trade between the United States and sub-Saharan Africa has more than tripled since the enactment of the African Growth and Opportunity Act in 2000, and United States direct investment in sub-Saharan Africa has grown almost sixfold.

"(4) It is in the interest of the United States to engage and compete in emerging markets in sub-Saharan African countries, to boost trade and investment between the United States and sub-Saharan African countries, and to renew and strengthen the African Growth and Opportunity Act.

"(5) The long-term economic security of the United States is enhanced by strong economic and political ties with the fastest-growing economies in the world, many of which are in sub-Saharan Africa.

"(6) It is a goal of the United States to further integrate sub-Saharan African countries into the global economy, stimulate economic development in Africa, and diversify sources of growth in sub-Saharan Africa.

"(7) To that end, implementation of the Agreement on Trade Facilitation of the World Trade Organization would strengthen regional integration efforts in sub-Saharan Africa and contribute to economic growth in the region.

"(8) The elimination of barriers to trade and investment in sub-Saharan Africa, including high tariffs, forced localization requirements, restrictions on investment, and customs barriers, will create opportunities for workers, businesses, farmers, and ranchers in the United States and sub-Saharan African countries.

"(9) The elimination of such barriers will improve utilization of the African Growth and Opportunity Act and strengthen regional and global integration, accelerate economic growth in sub-Saharan Africa, and enhance the trade relationship between the United States and sub-Saharan Africa."

[For definition of "sub-Saharan African country" as used in section 102 of Pub. L. 114–27, set out above, see section 112 of Pub. L. 114–27, set out below.]

Deepening and Expanding Trade and Investment Ties Between Sub-Saharan Africa and the United States

Pub. L. 114–27, title I, §108, June 29, 2015, 129 Stat. 369, provided that: "It is the policy of the United States to continue to—

"(1) seek to deepen and expand trade and investment ties between sub-Saharan Africa and the United States, including through the negotiation of accession by sub-Saharan African countries to the World Trade Organization and the negotiation of trade and investment framework agreements, bilateral investment treaties, and free trade agreements, as such agreements have the potential to catalyze greater trade and investment, facilitate additional investment in sub-Saharan Africa, further poverty reduction efforts, and promote economic growth;

"(2) seek to negotiate agreements with individual sub-Saharan African countries as well as with the Regional Economic Communities, as appropriate;

"(3) promote full implementation of commitments made under the WTO Agreement (as such term is defined in section 2(9) of the Uruguay Round Agreements Act (19 U.S.C. 3501(9)) because such actions are likely to improve utilization of the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.] and promote trade and investment and because regular review to ensure continued compliance helps to maximize the benefits of the African Growth and Opportunity Act; and

"(4) promote the negotiation of trade agreements that cover substantially all trade between parties to such agreements and, if other countries seek to negotiate trade agreements that do not cover substantially all trade, continue to object in all appropriate forums."

[For definition of "sub-Saharan African country" as used in section 108 of Pub. L. 114–27, set out above, see section 112 of Pub. L. 114–27, set out below.]

AGOA Acceleration

Pub. L. 108–274, July 13, 2004, 118 Stat. 820, as amended by Pub. L. 108–429, title II, §2004(j)(1), Dec. 3, 2004, 118 Stat. 2595; Pub. L. 114–27, title I, §109, June 29, 2015, 129 Stat. 369, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'AGOA Acceleration Act of 2004'.

"SEC. 2. FINDINGS.

"The Congress finds the following:

"(1) The African Growth and Opportunity Act [19 U.S.C. 3701 et seq.] (in this section and section 3 referred to as 'the Act') has helped to spur economic growth and bolster economic reforms in the countries of sub-Saharan Africa and has fostered stronger economic ties between the countries of sub-Saharan Africa and the United States; as a result, exports from the United States to sub-Saharan Africa reached record levels after the enactment of the Act, while exports from sub-Saharan Africa to the United States have increased considerably.

"(2) The Act's eligibility requirements have reinforced democratic values and the rule of law, and have strengthened adherence to internationally recognized worker rights in eligible sub-Saharan African countries.

"(3) The Act has helped to bring about substantial increases in foreign investment in sub-Saharan Africa, especially in the textile and apparel sectors, where tens of thousands of new jobs have been created.

"(4) As a result of the Agreement on Textiles and Apparel of the World Trade Organization, under which quotas maintained by WTO member countries on textile and apparel products end on January 1, 2005, sub-Saharan Africa's textile and apparel industry will be severely challenged by countries whose industries are more developed and have greater capacity, economies of scale, and better infrastructure.

"(5) The underdeveloped physical and financial infrastructure in sub-Saharan Africa continues to discourage investment in the region.

"(6) Regional integration establishes a foundation on which sub-Saharan African countries can coordinate and pursue policies grounded in African interests and history to achieve sustainable development.

"(7) Expanded trade because of the Act has improved fundamental economic conditions within sub-Saharan Africa. The Act has helped to create jobs in the poorest region of the world, and most sub-Saharan African countries have sought to take advantage of the opportunities provided by the Act.

"(8) Agricultural biotechnology holds promise for helping solve global food security and human health crises in Africa and, according to recent studies, has made contributions to the protection of the environment by reducing the application of pesticides, reducing soil erosion, and creating an environment more hospitable to wildlife.

"(9) (A) One of the greatest challenges facing African countries continues to be the HIV/AIDS epidemic, which has infected as many as one out of every four people in some countries, creating tremendous social, political, and economic costs. African countries need continued United States financial and technical assistance to combat this epidemic.

"(B) More awareness and involvement by governments are necessary. Countries like Uganda, recognizing the threat of HIV/AIDS, have boldly attacked it through a combination of education, public awareness, enhanced medical infrastructure and resources, and greater access to medical treatment. An effective HIV/AIDS prevention and treatment strategy involves all of these steps.

"(10) African countries continue to need trade capacity assistance to establish viable economic capacity, a well-grounded rule of law, and efficient government practices.

"SEC. 3. STATEMENT OF POLICY.

"The Congress supports—

"(1) a continued commitment to increase trade between the United States and sub-Saharan Africa and increase investment in sub-Saharan Africa to the benefit of workers, businesses, and farmers in the United States and in sub-Saharan Africa, including by developing innovative approaches to encourage development and investment in sub-Saharan Africa;

"(2) a reduction of tariff and nontariff barriers and other obstacles to trade between the countries of sub-Saharan Africa and the United States, with particular emphasis on reducing barriers to trade in emerging sectors of the economy that have the greatest potential for development;

"(3) development of sub-Saharan Africa's physical and financial infrastructure;

"(4) international efforts to fight HIV/AIDS, malaria, tuberculosis, other infectious diseases, and serious public health problems;

"(5) many of the aims of the New Partnership for African Development (NEPAD), which include—

"(A) reducing poverty and increasing economic growth;

"(B) promoting peace, democracy, security, and human rights;

"(C) promoting African integration by deepening linkages between African countries and by accelerating Africa's economic and political integration into the rest of the world;

"(D) attracting investment, debt relief, and development assistance;

"(E) promoting trade and economic diversification;

"(F) broadening global market access for United States and African exports;

"(G) improving transparency, good governance, and political accountability;

"(H) expanding access to social services, education, and health services with a high priority given to addressing HIV/AIDS, malaria, tuberculosis, other infectious diseases, and other public health problems;

"(I) promoting the role of women in social and economic development by reinforcing education and training and by assuring their participation in political and economic arenas; and

"(J) building the capacity of governments in sub-Saharan Africa to set and enforce a legal framework, as well as to enforce the rule of law;

"(6) negotiation of reciprocal trade agreements between the United States and sub-Saharan African countries, with the overall goal of expanding trade across all of sub-Saharan Africa;

"(7) the President seeking to negotiate, with interested eligible sub-Saharan African countries, bilateral trade agreements that provide investment opportunities, in accordance with section 2102(b)(3) of the Trade Act of 2002 (19 U.S.C. 3802(b)(3));

"(8) efforts by the President to negotiate with the member countries of the Southern African Customs Union in order to provide the opportunity to deepen and make permanent the benefits of the Act while giving the United States access to the markets of these African countries for United States goods and services, by reducing tariffs and non-tariff barriers, strengthening intellectual property protection, improving transparency, establishing general dispute settlement mechanisms, and investor-state and state-to-state dispute settlement mechanisms in investment;

"(9) a comprehensive and ambitious trade agreement with the Southern African Customs Union, covering all products and sectors, in order to mature the economic relationship between sub-Saharan African countries and the United States and because such an agreement would deepen United States economic and political ties to the region, lend momentum to United States development efforts, encourage greater United States investment, and promote regional integration and economic growth;

"(10) regional integration among sub-Saharan African countries and business partnerships between United States and African firms; and

"(11) economic diversification in sub-Saharan African countries and expansion of trade beyond textiles and apparel.

"SEC. 4. SENSE OF CONGRESS ON RECIPROCITY AND REGIONAL ECONOMIC INTEGRATION.

"It is the sense of the Congress that—

"(1) the preferential market access opportunities for eligible sub-Saharan African countries will be complemented and enhanced if those countries are implementing actively and fully, consistent with any remaining applicable phase-in periods, their obligations under the World Trade Organization, including obligations under the Agreement on Trade-Related Aspects of Intellectual Property, the Agreement on the Application of Sanitary and Phytosanitary Measures, and the Agreement on Trade-Related Investment Measures, as well as the other agreements described in section 101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d));

"(2) eligible sub-Saharan African countries should participate in and support mutual trade liberalization in ongoing negotiations under the auspices of the World Trade Organization, including by making reciprocal commitments with respect to improving market access for industrial and agricultural goods, and for services, recognizing that such commitments may need to reflect special and differential treatment for developing countries;

"(3) some of the most pernicious trade barriers against exports by developing countries are the trade barriers maintained by other developing countries; therefore, eligible sub-Saharan African countries will benefit from the reduction of trade barriers in other developing countries, especially in developing countries that represent some of the greatest potential markets for African goods and services; and

"(4) all countries should make sanitary and phytosanitary decisions on the basis of sound science.

"SEC. 5. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL PROVISIONS OF AGOA.

"It is the sense of the Congress that the executive branch, particularly the Committee for the Implementation of Textile Agreements (CITA), the Bureau of Customs and Border Protection of the Department of Homeland Security, and the Department of Commerce, should interpret, implement, and enforce the provisions of section 112 of the African Growth and Opportunity Act [19 U.S.C. 3721], relating to preferential treatment of textile and apparel articles, broadly in order to expand trade by maximizing opportunities for imports of such articles from eligible sub-Saharan African countries.

"SEC. 6. DEFINITION.

"In this Act, the term 'eligible sub-Saharan African country' means an eligible sub-Saharan African country under the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.].

"SEC. 7. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.

[Amended sections 2466a, 2466b, and 3721 of this title.]

"SEC. 8. ENTRIES OF CERTAIN APPAREL ARTICLES PURSUANT TO THE AFRICAN GROWTH AND OPPORTUNITY ACT.

"(a) In General.—Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Secretary of the Treasury shall liquidate or reliquidate as free of duty and free of any quantitative restrictions, limitations, or consultation levels entries of articles described in subsection (d) made on or after October 1, 2000, and before the date of the enactment of this Act [July 13, 2004].

"(b) Requests.—Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Secretary of the Treasury within 90 days after the date of the enactment of this Act and the request contains sufficient information to enable the Secretary to locate the entry or reconstruct the entry if it cannot be located.

"(c) Payment of Amounts Owed.—Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation.

"(d) Entries.—The entries referred to in subsection (a) are entries of apparel articles that meet the requirements of section 112 of the African Growth and Opportunity Act [19 U.S.C. 3721], as amended by section 3108 of the Trade Act of 2002 [Pub. L. 107–210] and this Act.

"SEC. 9. DEVELOPMENT STUDY AND CAPACITY BUILDING.

"(a) Reports.—The President shall, by not later than 1 year after the date of the enactment of this Act [July 13, 2004], conduct a study on each eligible sub-Saharan African country, that—

"(1) identifies sectors of the economy of that country with the greatest potential for growth, including through export sales;

"(2) identifies barriers, both domestically and internationally, that are impeding growth in such sectors; and

"(3) makes recommendations on how the United States Government and the private sector can provide technical assistance to that country to assist in dismantling such barriers and in promoting investment in such sectors.

"(b) Dissemination of Information.—The President shall disseminate information in each study conducted under subsection (a) to the appropriate United States agencies for the purpose of implementing recommendations on the provision of technical assistance and in identifying opportunities for United States investors, businesses, and farmers.

"SEC. 10. ACTIVITIES IN SUPPORT OF INFRASTRUCTURE TO SUPPORT INCREASING TRADE CAPACITY AND ECOTOURISM.

"(a) Findings.—The Congress finds the following:

"(1) Ecotourism, which consists of—

"(A) responsible and sustainable travel and visitation to relatively undisturbed natural areas in order to enjoy and appreciate nature (and any accompanying cultural features, both past and present) and animals, including species that are rare or endangered,

"(B) promotion of conservation and provision for beneficial involvement of local populations, and

"(C) visitation designed to have low negative impact upon the environment,

is expected to expand 30 percent globally over the next decade.

"(2) Ecotourism will increase trade capacity by sustaining otherwise unsustainable infrastructure, such as road, port, water, energy, and telecommunication development.

"(3) According to the United States Department of State and the United Nations Environment Programme, sustainable tourism, such as ecotourism, can be an important part of the economic development of a region, especially a region with natural and cultural protected areas.

"(4) Sub-Saharan Africa enjoys an international comparative advantage in ecotourism because it features extensive protected areas that host a variety of ecosystems and traditional cultures that are major attractions for nature-oriented tourism.

"(5) National parks and reserves in sub-Saharan Africa should be considered a basis for regional development, involving communities living within and adjacent to them and, given their strong international recognition, provide an advantage in ecotourism marketing and promotion.

"(6) Desert areas in sub-Saharan Africa represent complex ecotourism attractions, showcasing natural, geological, and archaeological features, and nomad and other cultures and traditions.

"(7) Many natural zones in sub-Saharan Africa cross the political borders of several countries; therefore, transboundary cooperation is fundamental for all types of ecotourism development.

"(8) The commercial viability of ecotourism is enhanced when small and medium enterprises, particularly microenterprises, successfully engage with the tourism industry in sub-Saharan Africa.

"(9) Adequate capacity building is an essential component of ecotourism development if local communities are to be real stakeholders that can sustain an equitable approach to ecotourism management.

"(10) Ecotourism needs to generate local community benefits by utilizing sub-Saharan Africa's natural heritage, parks, wildlife reserves, and other protected areas that can play a significant role in encouraging local economic development by sourcing food and other locally produced resources.

"(b) Action by the President.—The President shall develop and implement policies to—

"(1) encourage the development of infrastructure projects that will help to increase trade capacity and a sustainable ecotourism industry in eligible sub-Saharan African countries;

"(2) encourage and facilitate transboundary cooperation among sub-Saharan African countries in order to facilitate trade;

"(3) encourage the provision of technical assistance to eligible sub-Saharan African countries to establish and sustain adequate trade capacity development; and

"(4) encourage micro-, small-, and medium-sized enterprises in eligible sub-Saharan African countries to participate in the ecotourism industry.

"SEC. 11. ACTIVITIES IN SUPPORT OF TRANSPORTATION, ENERGY, AGRICULTURE, AND TELECOMMUNICATIONS INFRASTRUCTURE.

"(a) Findings.—The Congress finds the following:

"(1) In order to increase exports from, and trade among, eligible sub-Saharan African countries, transportation systems in those countries must be improved to increase transport efficiencies and lower transport costs.

"(2) Vibrant economic growth requires a developed telecommunication and energy infrastructure.

"(3) Sub-Saharan Africa is rich in exportable agricultural goods, but development of this industry remains stymied because of an underdeveloped infrastructure.

"(b) Action by the President.—In order to enhance trade with Africa and to bring the benefits of trade to African countries, the President shall develop and implement policies to encourage investment in eligible sub-Saharan African countries, particularly with respect to the following:

"(1) Infrastructure projects that support, in particular, development of land transport road and railroad networks and ports, and the continued upgrading and liberalization of the energy and telecommunications sectors.

"(2) The establishment and expansion of modern information and communication technologies and practices to improve the ability of citizens to research and disseminate information relating to, among other things, the economy, education, trade, health, agriculture, the environment, and the media.

"(3) Agriculture, particularly in processing and capacity enhancement.

"SEC. 12. FACILITATION OF TRANSPORTATION.

"In order to facilitate and increase trade flows between eligible sub-Saharan African countries and the United States, the President shall foster improved port-to-port and airport-to-airport relationships. These relationships should facilitate—

"(1) increased coordination between customs services at ports and airports in the United States and such countries in order to reduce time in transit;

"(2) interaction between customs and technical staff from ports and airports in the United States and such countries in order to increase efficiency and safety procedures and protocols relating to trade;

"(3) coordination between chambers of commerce, freight forwarders, customs brokers, and others involved in consolidating and moving freight; and

"(4) trade through air service between airports in the United States and such countries by increasing frequency and capacity.

"SEC. 13. AGRICULTURAL TECHNICAL ASSISTANCE.

"(a) Identification of Countries.—The President, through the Secretary of Agriculture, shall identify eligible sub-Saharan African countries that have potential to increase marketable exports of agricultural products to the United States and the greatest need for technical assistance, particularly with respect to pest risk assessments, complying with sanitary and phytosanitary rules of the United States, and developing food safety standards.

"(b) Personnel.—The President shall assign at least 30 full-time personnel for the purpose of providing assistance to the countries identified under subsection (a) to ensure that exports of agricultural products from those countries, particularly from businesses and sectors that engage women farmers and entrepreneurs, meet the requirements of United States law.

"(c) Coordination.—The President shall take such measures as are necessary to ensure adequate coordination of similar activities of agencies of the United States Government relating to agricultural technical assistance for sub-Saharan Africa.

"SEC. 14. TRADE ADVISORY COMMITTEE ON AFRICA.

"The President shall convene the trade advisory committee on Africa established by Executive Order 11846 of March 27, 1975 [19 U.S.C. 2111 note], under section 135(c) of the Trade Act of 1974 [19 U.S.C. 2155(c)], in order to facilitate the goals and objectives of the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.] and this Act, and to maintain ongoing discussions with African trade and agriculture ministries and private sector organizations on issues of mutual concern, including regional and international trade concerns and World Trade Organization issues."

[Functions of President under section 13(c) of Pub. L. 108–274, set out above, assigned to Administrator of United States Agency for International Development, in collaboration with Secretary of Agriculture, see Ex. Ord. No. 13720, §1(c), Feb. 26, 2016, 81 F.R. 11089, set out as a note under section 2466a of this title.]

[Pub. L. 108–429, title II, §2004(j)(2), Dec. 3, 2004, 118 Stat. 2595, provided that:

["(A) In general.—The amendment made by paragraph (1) [amending Pub. L. 108–274, set out above] shall take effect as if included in the enactment of section 8 of the AGOA Acceleration Act of 2004 [Pub. L. 108–274].

["(B) Requests for retroactive application.—Section 8(b) of the AGOA Acceleration Act of 2004 shall be applied with respect to the amendment made by paragraph (1) by substituting '90 days after the date of the enactment of the Miscellaneous Trade and Technical Corrections Act of 2004 [Dec. 3, 2004]' for '90 days after the date of the enactment of this Act'."]

Definitions

Pub. L. 114–27, title I, §112, June 29, 2015, 129 Stat. 371, provided that: "In this title [see Short Title of 2015 Amendment note above]:

"(1) Beneficiary sub-saharan african country.—The term 'beneficiary sub-Saharan African country' means a beneficiary sub-Saharan African country described in subsection (e) of section 506A of the Trade Act of 1974 [19 U.S.C. 2466a(e)] (as redesignated by this Act).

"(2) Sub-saharan african country.—The term 'sub-Saharan African country' has the meaning given the term in section 107 of the African Growth and Opportunity Act [19 U.S.C. 3706]."

§3702. Statement of policy

Congress supports—

(1) encouraging increased trade and investment between the United States and sub-Saharan Africa;

(2) reducing tariff and nontariff barriers and other obstacles to sub-Saharan African and United States trade;

(3) expanding United States assistance to sub-Saharan Africa's regional integration efforts;

(4) negotiating reciprocal and mutually beneficial trade agreements, including the possibility of establishing free trade areas that serve the interests of both the United States and the countries of sub-Saharan Africa;

(5) focusing on countries committed to the rule of law, economic reform, and the eradication of poverty;

(6) strengthening and expanding the private sector in sub-Saharan Africa, especially enterprises owned by women and small businesses;

(7) facilitating the development of civil societies and political freedom in sub-Saharan Africa;

(8) establishing a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum;

(9) the accession of the countries in sub-Saharan Africa to the Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and

(10) promoting the role of women in social, political, and economic development in sub-Saharan Africa.

(Pub. L. 106–200, title I, §103, May 18, 2000, 114 Stat. 253; Pub. L. 114–27, title I, §106(a), June 29, 2015, 129 Stat. 368.)

Amendments

2015—Par. (10). Pub. L. 114–27 added par. (10).

§3703. Eligibility requirements

The President is authorized to designate a sub-Saharan African country as an eligible sub-Saharan African country if the President determines that the country—

(1) has established, or is making continual progress toward establishing—

(A) a market-based economy that protects private property rights for men and women, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets;

(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;

(C) the elimination of barriers to United States trade and investment, including by—

(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment;

(ii) the protection of intellectual property; and

(iii) the resolution of bilateral trade and investment disputes;


(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs;

(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and

(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;


(2) does not engage in activities that undermine United States national security or foreign policy interests; and

(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.

(Pub. L. 106–200, title I, §104, May 18, 2000, 114 Stat. 254; Pub. L. 114–27, title I, §§106(b), 111, June 29, 2015, 129 Stat. 368, 370.)

Amendments

2015Pub. L. 114–27, §111, struck out subsec. (a) designation and heading before "The President is authorized" and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: "If the President determines that an eligible sub-Saharan African country is not making continual progress in meeting the requirements described in subsection (a)(1) of this section, the President shall terminate the designation of the country made pursuant to subsection (a) of this section."

Subsec. (a)(1)(A). Pub. L. 114–27, §106(b), inserted "for men and women" after "rights".

§3704. United States-Sub-Saharan Africa Trade and Economic Cooperation Forum

(a) Declaration of policy

The President shall convene annual high-level meetings between appropriate officials of the United States Government and officials of the governments of sub-Saharan African countries in order to foster close economic ties between the United States and sub-Saharan Africa.

(b) Establishment

Not later than 12 months after May 18, 2000, the President, after consulting with Congress and the governments concerned, shall establish a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum (in this section referred to as the "Forum").

(c) Requirements

In creating the Forum, the President shall meet the following requirements:

(1) The President shall direct the Secretary of Commerce, the Secretary of the Treasury, the Secretary of State, and the United States Trade Representative to host the first annual meeting with their counterparts from the governments of sub-Saharan African countries eligible under section 3703 of this title, and those sub-Saharan African countries that the President determines are taking substantial positive steps towards meeting the eligibility requirements in section 3703 of this title. The purpose of the meeting shall be to discuss expanding trade and investment relations between the United States and sub-Saharan Africa and the implementation of this chapter including encouraging joint ventures between small and large businesses. The President shall also direct the Secretaries and the United States Trade Representative to invite to the meeting representatives from appropriate sub-Saharan African regional organizations and government officials from other appropriate countries in sub-Saharan Africa.

(2)(A) The President, in consultation with the Congress, shall encourage United States nongovernmental organizations to host annual meetings with nongovernmental organizations from sub-Saharan Africa in conjunction with the annual meetings of the Forum for the purpose of discussing the issues described in paragraph (1).

(B) The President, in consultation with the Congress, shall encourage United States representatives of the private sector to host annual meetings with representatives of the private sector from sub-Saharan Africa in conjunction with the annual meetings of the Forum for the purpose of discussing the issues described in paragraph (1).

(3) The President shall, to the extent practicable, meet with the heads of governments of sub-Saharan African countries eligible under section 3703 of this title, and those sub-Saharan African countries that the President determines are taking substantial positive steps toward meeting the eligibility requirements in section 3703 of this title, not less than once every 2 years for the purpose of discussing the issues described in paragraph (1). The first such meeting should take place not later than 12 months after May 18, 2000.

(d) Dissemination of information by USIS

In order to assist in carrying out the purposes of the Forum, the United States Information Service shall disseminate regularly, through multiple media, economic information in support of the free market economic reforms described in this chapter.

(e) HIV/AIDS effect on the sub-Saharan African workforce

In selecting issues of common interest to the United States-Sub-Saharan Africa Trade and Economic Cooperation Forum, the President shall instruct the United States delegates to the Forum to promote a review by the Forum of the HIV/AIDS epidemic in each sub-Saharan African country and the effect of the HIV/AIDS epidemic on economic development in each country.

(Pub. L. 106–200, title I, §105, May 18, 2000, 114 Stat. 255.)

References in Text

This chapter, referred to in subsecs. (c)(1) and (d), was in the original "this title", meaning title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables.

§3705. Reporting requirement

The President shall submit to the Congress, not later than 1 year after May 18, 2000, and annually thereafter through 2008, a comprehensive report on the trade and investment policy of the United States for sub-Saharan Africa, and on the implementation of this chapter and the amendments made by this chapter.

(Pub. L. 106–200, title I, §106, May 18, 2000, 114 Stat. 256.)

References in Text

This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which enacted this chapter and sections 2466a and 2466b of this title and amended section 2463 of this title and sections 2193 and 2293 of Title 22, Foreign Relations and Intercourse. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables.

Delegation of Functions

Functions of President under this section delegated to United States Trade Representative by section 1(b) of Ex. Ord. No. 13346, July 8, 2004, 69 F.R. 41905, set out as a note under section 301 of Title 3, The President.

Reports on Implementation and Potential Trade Agreements

Pub. L. 114–27, title I, §110, June 29, 2015, 129 Stat. 370, provided that:

"(a) Implementation Report.—

"(1) In general.—Not later than 1 year after the date of the enactment of this Act [June 29, 2015], and biennially thereafter, the President shall submit to Congress a report on the trade and investment relationship between the United States and sub-Saharan African countries and on the implementation of this title [see Short Title of 2015 Amendment note set out under section 3701 of this title] and the amendments made by this title.

"(2) Matters to be included.—The report required by paragraph (1) shall include the following:

"(A) A description of the status of trade and investment between the United States and sub-Saharan Africa, including information on leading exports to the United States from sub-Saharan African countries.

"(B) Any changes in eligibility of sub-Saharan African countries during the period covered by the report.

"(C) A detailed analysis of whether each such beneficiary sub-Saharan African country is continuing to meet the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act [19 U.S.C. 3703] and the eligibility criteria set forth in section 502 of the Trade Act of 1974 [19 U.S.C. 2462].

"(D) A description of the status of regional integration efforts in sub-Saharan Africa.

"(E) A summary of United States trade capacity building efforts.

"(F) Any other initiatives related to enhancing the trade and investment relationship between the United States and sub-Saharan African countries.

"(b) Potential Trade Agreements Report.—Not later than 1 year after the date of the enactment of this Act, and every 5 years thereafter, the United States Trade Representative shall submit to Congress a report that—

"(1) identifies sub-Saharan African countries that have a [sic] expressed an interest in entering into a free trade agreement with the United States;

"(2) evaluates the viability and progress of such sub-Saharan African countries and other sub-Saharan African countries toward entering into a free trade agreement with the United States; and

"(3) describes a plan for negotiating and concluding such agreements, which includes the elements described in subparagraphs (A) through (E) of section 116(b)(2) of the African Growth and Opportunity Act [19 U.S.C. 3723(b)(2)].

"(c) Termination.—The reporting requirements of this section shall cease to have any force or effect after September 30, 2025."

[Functions of President under section 110(a) of Pub. L. 114–27, set out above, assigned to United States Trade Representative, in consultation with Secretary of State, see Ex. Ord. No. 13720, §1(d), Feb. 26, 2016, 81 F.R. 11089, set out as a note under section 2466a of this title.]

[For definitions of "beneficiary sub-Saharan African country" and "sub-Saharan African country" as used in section 110 of Pub. L. 114–27, set out above, see section 112 of Pub. L. 114–27, set out as a note under section 3701 of this title.]

§3706. Sub-Saharan Africa defined

For purposes of this chapter, the terms "sub-Saharan Africa", "sub-Saharan African country", "country in sub-Saharan Africa", and "countries in sub-Saharan Africa" refer to the following or any successor political entities:

Republic of Angola (Angola).

Republic of Benin (Benin).

Republic of Botswana (Botswana).

Burkina Faso (Burkina).

Republic of Burundi (Burundi).

Republic of Cameroon (Cameroon).

Republic of Cape Verde (Cape Verde).

Central African Republic.

Republic of Chad (Chad).

Federal Islamic Republic of the Comoros (Comoros).

Democratic Republic of Congo.

Republic of the Congo (Congo).

Republic of Côte d'Ivoire (Côte d'Ivoire).

Republic of Djibouti (Djibouti).

Republic of Equatorial Guinea (Equatorial Guinea).

State of Eritrea (Eritrea).

Ethiopia.

Gabonese Republic (Gabon).

Republic of the Gambia (Gambia).

Republic of Ghana (Ghana).

Republic of Guinea (Guinea).

Republic of Guinea-Bissau (Guinea-Bissau).

Republic of Kenya (Kenya).

Kingdom of Lesotho (Lesotho).

Republic of Liberia (Liberia).

Republic of Madagascar (Madagascar).

Republic of Malawi (Malawi).

Republic of Mali (Mali).

Islamic Republic of Mauritania (Mauritania).

Republic of Mauritius (Mauritius).

Republic of Mozambique (Mozambique).

Republic of Namibia (Namibia).

Republic of Niger (Niger).

Federal Republic of Nigeria (Nigeria).

Republic of Rwanda (Rwanda).

Democratic Republic of Sao Tomé and Principe (Sao Tomé and Principe).

Republic of Senegal (Senegal).

Republic of Seychelles (Seychelles).

Republic of Sierra Leone (Sierra Leone).

Somalia.

Republic of South Africa (South Africa).

Republic of South Sudan (South Sudan).

Republic of Sudan (Sudan).

Kingdom of Swaziland (Swaziland).

United Republic of Tanzania (Tanzania).

Republic of Togo (Togo).

Republic of Uganda (Uganda).

Republic of Zambia (Zambia).

Republic of Zimbabwe (Zimbabwe).

(Pub. L. 106–200, title I, §107, May 18, 2000, 114 Stat. 256; Pub. L. 112–163, §1(b), Aug. 10, 2012, 126 Stat. 1274.)

Amendments

2012Pub. L. 112–163 inserted item relating to the Republic of South Sudan.

§3707. Activities in support of transparency

(a) AGOA Website

(1) In general

The President shall establish a publicly available website for the collection and dissemination of information regarding the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.).

(2) Contents

The President shall publish on the AGOA Website the information described in paragraph (1), including—

(A) information and technical assistance provided at United States Agency for International Development regional trade hubs; and

(B) a link to the websites of United States embassies located in eligible sub-Saharan African countries.

(3) Actions by United States embassies

The Secretary of State should direct United States embassies located in eligible sub-Saharan African countries to—

(A) encourage individuals and businesses in such countries to use the benefits available under the African Growth and Opportunity Act; and

(B) include a link to the AGOA Website on the websites of such diplomatic missions.

(b) AGOA Forum

After each meeting of the United States–Sub-Saharan Africa Trade and Economic Cooperation Forum, the President should publish on the AGOA Website the following:

(1) The outcomes of the meeting of the Forum, including any commitments made by member countries and the private sector.

(2) An assessment of progress made with respect to any commitments made by member countries and the private sector from the previous meeting of the Forum.

(c) Other information

The President should disseminate the information required under this section in a digital format to the public and publish such information on the AGOA Website.

(Pub. L. 115–167, title I, §103, Apr. 23, 2018, 132 Stat. 1277.)

References in Text

The African Growth and Opportunity Act, referred to in subsec. (a)(1), (3)(A), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.

Codification

Section was enacted as part of the African Growth and Opportunity Act and Millennium Challenge Act Modernization Act, also known as the AGOA and MCA Modernization Act, and not as part of the African Growth and Opportunity Act which enacted this chapter.

Definitions

Pub. L. 115–167, title I, §102, Apr. 23, 2018, 132 Stat. 1277, provided that: "In this title [enacting this section and provisions set out as a note under section 3701 of this title]—

"(1) Agoa website.—The term 'AGOA Website' means the website established pursuant to section 103(a) [19 U.S.C. 3707(a)].

"(2) Eligible sub-saharan african country.—The term 'eligible sub-Saharan African country' means a country that the President has determined meets the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703)."