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African Growth and Opportunity Act (AGOA)


Overview
What  is AGOA?  AGOA   (P.L. 106-200, as amended), a
cornerstoneofU.S. trade policy toward sub-Saharan Africa
since 2000, is a nonreciprocal U.S. trade preference
programthat provides duty-free accessto the U.S. market
for most exports fromeligible sub-Saharan African
countries. In addition to preferential market access, the act
also requires an annualforum, known as the AGOA forum,
held between U.S. and AGOA country officials to discuss
trade-related is sues. Additionally, AGOA provides
direction to select U.S. government agencies regarding their
trade and investmentsupport 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 is sues such as
trade and investment policy, governance, worker rights, and
human  rights, among other is sues, 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 39 AGOA-eligible
countries. In the mostrecent eligibility determination,
President Trump reinstated AGOA benefits for the
Democratic Republic of the Congo (DRC), effective
January 1, 2021. The Trump Administration also initiated a
review of South Africa's eligibility under the Generalized
Systemof  Preferences (GSP) due to concerns over its
protection of intellectual property rights, which has
potential implications for South Africa's AGOA eligibility
as AGOA  builds on GSP and requires that beneficiary
countries satisfy bothprograms' eligibility criteria (see
Relation to GSP below).
Ten sub-Saharan African countries remain ineligible for the
program's preference benefits in 2021. They include (with
noted eligibility violations): Burundi (political violence),
Cameroon  (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 apparelexports havebeen
suspended since July 31, 2018, following an out-of-cycle
eligibility determination in response to increased tariff
barriers on used clothing imports fromthe 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 Actof
2015, P.L. 114-27, extended AGOA's authorization for ten
years to September2025. The African Growth and
Opportunity Act and MillenniumChallenge Act
Modernization Act of2018, P.L. 115-167, required the
Administration to provide informationon AGOA through
an official AGOA website, promote AGOA utilization,


Updated May  3, 2021


product diversification, andregional cooperation, and
educate African entrepreneurs.
What  is the goal? Through AGOA, the U.S. Congress
seeks to increase U.S. trade and investment with theregion,
promote sustainable economic growth through trade, and
encourage the rule oflaw and market-oriented reforms.
Supporting views. Supporters of AGOA argue that the
programaffords 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 fromU.S. producers
that may face increased import competitionfromAGOA
countries. Such concerns are generally limited due to the
low volume of U.S. imports under AGOA, but import
competing U.S. producers havelobbiedto keep certain
products, particularly sugar, outof the program.

U.S.  Imports under AGOA
Total U.S. AGOA  imports were $4.1 billion in 2020, down
50%  from $8.4 billion in 2019, due mostly to a decline in
oil imports. Imports remain concentrated in few countries
and industries, but diversification has grown.
  Energy product imports (crude oil) declined by 85% in
   2020 to $695 million, and accounted for only 17% of
   AGOA   imports. This represents a significant shift, as
   crude oilhas historically accountedforthe vast majority
   of AGOA  imports (e.g., $48 billion at their 2011 peak).
   Nigeria was the top supplier ($461 million) in 2020.
  AGOA   non-energy imports declinedby 9% in 2020 to
   $3.4 billion, but have tripled since the programbegan in
   2001. Top non-energy import categories include textiles
   and apparel ($1.2 billion), transportation equipment
   ($652 million), ag products ($626 million), minerals and
   metals ($332 million), and chemicals ($329 million).
  South Africa is the top supplier of AGOA non-energy
   imports (Figure 1), but its dominance has declined.
   Decreasing auto imports fromSouth Africa and
   increasing apparelimports fromother top countries are
   the main trends underlying this shift.


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