Friday, June 28, 2019

Annual Review of Country Eligibility for Benefits Under the African Growth and Opportunity Act

The Office of the U.S. Trade Representative (USTR) is announcing the initiation of the annual review of the eligibility of the sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The AGOA Implementation Subcommittee of the Trade Policy Staff Committee (Subcommittee) is developing recommendations for the President on AGOA country eligibility for calendar year 2020. The Subcommittee requests comments for this review and will conduct a public hearing on this matter.

Section 104 of AGOA includes requirements that the country has established or is making continual progress toward establishing, among other things:

  • A market-based economy
  • the rule of law
  • political pluralism
  • the right to due process
  • the elimination of barriers to U.S. trade and investment
  • policies to reduce poverty
  • system to combat corruption and bribery
  • of internationally recognized worker rights

In addition, the country may not engage in activities that undermine U.S. national security or foreign policy interests or engage in gross violations of internationally recognized human rights. Section 502 of the 1974 Act provides for country eligibility criteria under GSP. For a complete list of the AGOA eligibility criteria and more information on the GSP criteria, see section 104 of the AGOA and section 502 of the 1974 Act.

For 2019, the President designated the following 39 countries as beneficiary sub-Saharan African countries:

  1. Angola
  2. Benin
  3. Botswana
  4. Burkina Faso
  5. Cabo Verde
  6. Cameroon
  7. Central African Republic
  8. Chad
  9. Comoros
  10. Republic of Congo
  11. Cote d'Ivoire
  12. Djibouti
  13. Eswatini
  14. Ethiopia
  15. Gabon
  16. The Gambia
  17. Ghana
  18. Guinea
  19. Guinea-Bissau
  20. Kenya
  21. Lesotho
  22. Liberia
  23. Madagascar
  24. Malawi
  25. Mali
  26. Mauritius
  27. Mozambique
  28. Namibia
  29. Niger
  30. Nigeria
  31. Rwanda (AGOA apparel benefits suspended effective July 31, 2018)
  32. Sao Tome & Principe
  33. Senegal
  34. Sierra Leone
  35. South Africa
  36. Tanzania
  37. Togo
  38. Uganda
  39. Zambia

The President did not designate following sub-Saharan African countries as beneficiary sub-Saharan African countries for 2019:

  1. Burundi
  2. Democratic Republic of Congo
  3. Equatorial Guinea (graduated from GSP)
  4. Eritrea
  5. Mauritania
  6. Seychelles (graduated from GSP)
  7. Somalia
  8. South Sudan
  9. Sudan
  10. Zimbabwe

The Subcommittee is seeking public comments to develop recommendations to the President in connection with the annual review of sub-Saharan African countries' eligibility for AGOA benefits. The Secretary of Labor may consider comments related to the child labor criteria to prepare the U.S. Department of Labor's report on child labor as required under section 504 of the 1974 Act.

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