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:
- Angola
- Benin
- Botswana
- Burkina Faso
- Cabo Verde
- Cameroon
- Central African Republic
- Chad
- Comoros
- Republic of Congo
- Cote d'Ivoire
- Djibouti
- Eswatini
- Ethiopia
- Gabon
- The Gambia
- Ghana
- Guinea
- Guinea-Bissau
- Kenya
- Lesotho
- Liberia
- Madagascar
- Malawi
- Mali
- Mauritius
- Mozambique
- Namibia
- Niger
- Nigeria
- Rwanda (AGOA apparel benefits suspended effective July 31, 2018)
- Sao Tome & Principe
- Senegal
- Sierra Leone
- South Africa
- Tanzania
- Togo
- Uganda
- Zambia
The President did not designate following sub-Saharan African countries as beneficiary sub-Saharan African countries for 2019:
- Burundi
- Democratic Republic of Congo
- Equatorial Guinea (graduated from GSP)
- Eritrea
- Mauritania
- Seychelles (graduated from GSP)
- Somalia
- South Sudan
- Sudan
- 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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