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1 1 (July 17, 2024)

handle is hein.crs/goveqam0001 and id is 1 raw text is: Congressional Research Service
Informing the egs ative dbate sice 1914
African Growth and Opportunity Act (AGOA)

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What is AGOA? AGOA (P.L. 106-200, as amended)
created a nonreciprocal U.S. trade preference program, also
referred to as AGOA, to provide duty-free access to the
U.S. market for most exports from eligible countries in sub-
Saharan Africa (SSA). The act also requires an annual
gathering, known as the AGOA Forum, held between U.S.
and AGOA country officials to discuss trade-related issues
and AGOA implementation. Additionally, AGOA provides
direction to selected U.S. government agencies regarding
their trade and investment support activities in the region.
AGOA has been a cornerstone of U.S. trade policy toward
SSA since 2000. Through AGOA, 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. Congress has
the authority to extend the program, which is scheduled to
expire in September 2025, and also modify the program to
promote other congressional priorities with the region, such
as strengthening U.S. trade and investment ties in SSA and
increasing regional participation in the global value chain.
Country eligibility. There are currently 32 AGOA-eligible
SSA countries, of 49 potential candidates for program
benefits. AGOA eligibility criteria address issues such as
trade and investment policy, governance, worker rights,
human rights, and foreign policy, among other issues,
which countries must satisfy to be beneficiaries of the
program. The President annually reviews and determines
each country's eligibility.
As a result of the 2023 annual review, President Biden
terminated AGOA preference benefits for Central African
Republic, Gabon, Niger, and Uganda, effective January 1,
2024, after determining that they failed to meet the rule of
law and/or human rights eligibility criteria. Thirteen other
SSA countries remained ineligible for the program's
preference benefits in 2024. They are (with non-eligibility
criteria noted): Burkina Faso and Guinea (rule of law);
Burundi and South Sudan (political violence); Cameroon,
Eritrea, and Ethiopia (human rights), Equatorial Guinea and
Seychelles (income graduation), Mali (human rights, rule of
law, worker rights); and Somalia, Sudan, and Zimbabwe
(never eligible). Rwanda's AGOA benefits for apparel
exports have been suspended since July 31, 2018, following
an out-of-cycle review (outside of the annual review period)
in response to increased Rwandan tariff barriers on used
clothing imports from the United States.
Authorization. Congress established AGOA in 2000, and
has amended its authorization law several times. The Trade
Preferences Extension Act of 2015 (P.L. 114-27) extended
AGOA's authorization for 10 years to September 2025. 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

Updated July 17, 2024

utilization by beneficiaries and diversification of exports
under AGOA; support regional cooperation on trade
facilitation; and educate African entrepreneurs on
complying with U.S. security policies.
Supporting views. Supporters of AGOA have argued that
the program affords African producers an important
competitive advantage in the U.S. market, thereby fostering
greater exports, encouraging investment in the region,
boosting private sector activity and economic growth, and
potentially generating demand for U.S. goods and services
as the region's economies develop.
Opposing views. Many AGOA opponents are U.S.
producers that may face increased import competition from
AGOA countries. Their concerns have tended to be
product-specific. Their concerns also have been 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. mports Under AGOA
In 2023, U.S. AGOA imports totaled $9.3 billion, down 4%
from $9.6 billion in 2022 and more than double 2020
values, during the height of the COVID-19 pandemic.
AGOA imports remain concentrated in a few countries and
industries, but diversification has grown since the 2000s.
Figure I. Top AGOA Countries, U.S. Non-Energy
Product Imports
South Africa
Kenya
Madagasca
Lesotho
Ghana
E 2023
Other                                   2022
$ Millions 0   1,000     2,000      3,000
Source: Analysis by CRS. Data from USITC.
* Energy product imports (e.g., crude oil) decreased from
$4.6 billion in 2022 to $4.2 billion in 2023, and
comprised 46% of AGOA imports. They remain lower
than the 2011 peak value of $48 billion. Nigeria was the
top supplier of energy products in 2023 ($3.6 billion).
* Non-energy imports in 2023 were valued at $5.0 billion.
Top non-energy import categories include motor
vehicles ($1.9 billion), textile and apparel ($1.1 billion),
agricultural and food products ($732 million), metals
($484 million), and chemicals ($308 million).

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