About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (March 26, 2020)

handle is hein.crs/govcjzr0001 and id is 1 raw text is: 





FF.      '                      ,iE SE .$.!, i ,


mppm qq\
         p\w -- , gmmw' go
                I
as
11LULANJILiN,

Updated March 26, 2020


African Growth and Opportunity Act (AGOA)


What is AGOA? AGOA (P.L. 106-200, as amended), a
cornerstone of U.S. trade policy toward sub-Saharan Africa
since 2000, is a nonreciprocal U.S. trade preference
program that provides duty-free access to the U.S. market
for most exports from eligible sub-Saharan African
countries. In addition to preferential market access, the act
also requires an annual forum, known as the AGOA Forum,
held between U.S. and AGOA country officials to discuss
trade-related issues. Additionally, AGOA provides
direction to select U.S. government agencies regarding their
trade and investment support activities in the region.

Which countries are eligible? AGOA lists 49 sub-Saharan
African countries that are potential candidates for program
benefits. AGOA eligibility criteria address issues such as
trade and investment policy, governance, worker rights, and
human rights, among other issues, which countries must
satisfy to be beneficiaries of the AGOA preferences. The
President annually reviews and determines each country's
AGOA eligibility. There are currently 38 AGOA-eligible
countries. In the most recent eligibility determination,
President Trump removed AGOA benefits for Cameroon,
effective January 1, 2020, due to violations of AGOA's
eligibility criteria pertaining to human rights. An ongoing
review of South Africa's eligibility under the Generalized
System of Preferences (GSP) due to concerns over its
protection of intellectual property rights could also result in
lost AGOA eligibility as AGOA builds on GSP and
requires that beneficiary countries satisfy both programs'
eligibility criteria (see Relation to GSP below).
Ten other sub-Saharan African countries remain ineligible
for the program's preference benefits in 2020 based on
prior determinations. They include (with noted eligibility
violations): Burundi (political violence), the Democratic
Republic of Congo (human rights), Equatorial Guinea
(income graduation), Eritrea (human rights), Mauritania
(worker rights), Seychelles (income graduation), Somalia
(never eligible), South Sudan (political violence), Sudan
(never eligible), and Zimbabwe (never eligible). In addition,
Rwanda's AGOA benefits for apparel exports have been
suspended since July 31, 2018, following an out-of-cycle
eligibility determination in response to increased tariff
barriers on used clothing imports from the United States.
What is the authorization status? AGOA was first
established by Congress in 2000 and has been amended
several times. The Trade Preferences Extension Act of
2015, P.L. 114-27, extended AGOA's authorization for ten
years to September 2025. Most recently, the African
Growth and Opportunity Act and Millennium Challenge
Act Modernization Act of 2018, P.L. 115-167, required the
Administration to provide information on AGOA through
an official AGOA website, promote AGOA utilization,


product diversification, and regional cooperation, and
educate African entrepreneurs.
What is the goal? Through AGOA, the U.S. Congress
seeks to increase U.S. trade and investment with the region,
promote sustainable economic growth through trade, and
encourage the rule of law and market-oriented reforms.
Supporting views. Supporters of AGOA argue that the
program affords African producers an important
competitive advantage in the U.S. market, thereby enabling
exports, encouraging investment in the region, boosting
private sector activity and economic growth, and ultimately
generating demand for U.S. goods and services as the
region's economies develop.
Opposing views. Opposition is mostly from U.S. producers
that may face increased import competition from AGOA
countries. Such concerns are generally limited due to the
low volume of U.S. imports under AGOA, but import
competing U.S. producers have lobbied to keep certain
products, particularly sugar, out of the program.

U.&S. tw      sunder A          OA
Total U.S. AGOA imports were $8.4 billion in 2019, down
from $12.0 billion in 2018. Imports remain concentrated in
key countries and industries, but diversification is growing.
* Energy products, mainly crude oil, accounted for $4.6
   billion of U.S. AGOA imports (55%) in 2019, down
   more than $40 billion from their 2011 peak. Nigeria was
   the top crude supplier ($3.1 billion) in 2019.
* AGOA non-energy imports have grown from $1.3
   billion in 2001 to $3.8 billion in 2019. Top non-energy
   import categories include textiles and apparel ($1.4
   billion), agricultural products ($656 million), minerals
   and metals ($510 million), transportation equipment
   ($499 million), and chemicals ($434 million).
* South Africa is the top supplier of AGOA non-energy
   imports (Figure 1), but its dominance has declined.
   Decreasing auto imports from South Africa (down $1.8
   billion from their 2013 peak) and increasing apparel
   imports from other top countries are the main trends
   underlying this shift. AGOA imports from Ethiopia, for
   example, grew by 55% or $87 million in 2019 alone.


K~:>

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most