President Approves Continued AGOA Eligibility for 36 Countries, Adds Burundi, Drops Mauritania
The White House has issued a press release stating that on December 22, 2005, President Bush approved the continued designation of the following 36 countries as eligible for tariff preferences under the African Growth and Opportunity Act (AGOA):
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
| Angola | The Gambia | Niger |
| Benin | Ghana | Nigeria |
| Botswana | Guinea | Rwanda |
| Burkina Faso | Guinea-Bissau | Sao Tome and Principe |
| Cameroon | Kenya | Senegal |
| Cape Verde | Lesotho | Seychelles |
| Chad | Madagascar | Sierra Leone |
| Republic of Congo | Malawi | South Africa |
| Democratic Republic of Congo | Mali | Swaziland |
| Djibouti | Mauritius | Tanzania |
| Ethiopia | Mozambique | Uganda |
| Gabon | Namibia | Zambia |
U.S. government sources have previously stated that the countries listed above represent those countries designated both as eligible sub-Saharan African (SSA) countries under 19 USC 3703 and as beneficiary SSA countries ("AGOA beneficiary countries") under 19 USC 2466a.
(AGOA beneficiary countries receive both standard duty-free benefits under the Generalized System of Preferences (GSP) program and AGOA-GSP duty-free benefits for approximately 1,835 specified HTS numbers (identified in the HTS by the Special Subcolumn symbol 'D.').)
Burundi added as AGOA beneficiary country. According to the press release, Burundi was designated as eligible for AGOA benefits. In addition, the President determined that Burundi satisfies the criterion for treatment as a lesser developed beneficiary SSA country.
Mauritania dropped as AGOA beneficiary country. The press release indicates that the President has removed Mauritania from the list of AGOA beneficiary countries. Presidential Proclamation 7970, which terminates the designation of Mauritania as an AGOA beneficiary SSA country, effective January 1, 2006, was published in the December 27, 2005 Federal Register.
In order to reflect this termination, the Proclamation will modify HTS General Note 16(a) by deleting Mauritania from the list of AGOA beneficiary countries. In addition, HTS Chapter 98, Subchapter XIX, U.S. Note 2(d) will be modified by removing Mauritania from the list of lesser developed AGOA beneficiary countries.
The press release states that this annual presidential determination allows for the provision of certain benefits to those countries that are making continued progress toward a market-based economy, the rule of law, free trade, economic policies that will reduce poverty, and protection of workers' rights.
Twenty-Four of 37 AGOA Countries Have AGOA Textile Benefits
Of the above-listed 37 AGOA beneficiary countries, the following 24 were determined to be eligible for AGOA textile benefits, according to the 2005 HTS: Benin, Botswana, Cameroon, Cape Verde, Ethiopia, Ghana, Kenya, Lesotho, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zambia.
(See ITT's Online Archives or 09/27/05 news, 05092710, for BP summary of the 2005/2006 aggregate regional TPL and third country sublimit for those AGOA countries eligible for AGOA textile benefits.)
White House Press Release (dated 12/22/05) available at http://www.whitehouse.gov/news/releases/2005/12/print/20051222-5.html
Proclamation 7970 (FR Pub 12/27/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-24581.pdf