G/C/W/713  
 
16 July 2015  
(15-3668)  Page: 1/43  
Council for Trade in Goods  Original: English  
 
 AFRICA GROWTH AND OPPORTUNITY ACT (AGOA AS AMENDED) 
REQUEST FOR A WAIVER 
The following communication, dated 16 July 2015, is being circulated at the request of the 
delegation of the United States of America. 
  
_______________ 
 
 
SPECIAL UNITED STATES TRADE ARRANGEMENTS  
FOR COUNTRIES OF SUB-SAHARAN AFRICA 
Pursuant to Article IX:3 of the Marrakesh Agr eement Establishing the World Trade Organization 
(WTO Agreement), the United States hereby requests Members to waive its obligations under 
paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of the General Agreement on Tariffs 
and Trade 1994 (GATT 1994) through 30 September 2025, to the extent necessary to permit it to provide duty-free treatment to eligible products originating in beneficiary sub-Saharan African 
countries (“beneficiary countries”) designated pursuant to the African Growth and Opportunity Act 
(AGOA).
1  
 1  DESCRIPTION OF THE MEASURE 
The AGOA provides for non-reciprocal preferenti al trade benefits through 30 September 2025, for 
certain U.S. imports from sub-Saharan African countries that meet specific eligibility criteria.
2  The 
text of the AGOA is attached as Annex I. 
 
                                               
1  For the purposes of this request, “African Growth  and Opportunity Act” and “AGOA” mean Title I of 
the Trade and Development Act of 2000 (Public Law 106-200) as amended by Section 3108 of the Trade Act of 2002 (Public Law 107-210), the AGOA Acceleration Act of  2004 (Public Law 108-274),  the Miscellaneous Trade 
and Technical Corrections Act of 2004 (Public Law 108-429), and the Trade Preferences Extension Act of 2015, (Public Law 114-27).   
2  In accordance with Section 107 of the AGOA (19 U.S.C. § 3706, as amended), “sub-Saharan Africa” 
refers to the following countr ies or any successor political entities of these countries: Angola, Benin, Botswana, 
Burkina Faso, Burundi, Cameroon, Cabo Verde, Central African Republic, Chad, Como ros, Democratic Republic 
of the Congo, Republic of the Congo, Côte d’Ivoire, Dj ibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, The 
Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesoth o, Liberia, Madagascar, Malawi, Mali, Mauritania, 
Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tomé and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan,  Swaziland, Tanzania, Togo, Uganda, Zambia, and 
Zimbabwe. 
As of 1 January 2015, Angola, Benin, Botswana, Burk ina Faso, Burundi, Cameroon, Cabo Verde, Chad, 
Comoros, Republic of the Congo, Cô te d’Ivoire, Djibouti, Ethiopia, Gabon, Ghana, Guinea, Guinea-Bissau, 
Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, 
Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Tanzania, Togo, Uganda, and Zambia are currently eligible beneficiary countries.  Sections 104 and 111(a)(1) (19 U.S.C. §§ 3703 and 2466a(a)(1), as amended) of the AGOA describe the eligibility criteria countries must meet to be designated as a be neficiary country. 
In general, an article that is othe rwise eligible for preferential treatm ent under AGOA will remain eligible 
even if it contains inputs from a country that ceased to  be a beneficiary sub-Saharan African country because it 
entered into a free trade agreement with the United States.  G/C/W/713 
 
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  Since 1976, the United States has granted tariff preferences to developing countries under the 
Generalized System of Preferences (GSP) program.   AGOA expanded these tariff preferences to 
make an additional 1,835 products eligible for duty -free treatment.  A list of these items has been 
previously circulated.  Section 103 of the Trade Preferences Extension Act of 2015  (Public Law 
114-27) extends the AGOA preferences to beneficiary countries through 30 September 2025.3 
 The AGOA also makes beneficiary countries that adopt certain procedures, listed in section 113 of 
the AGOA (19 U.S.C. § 3722), to prevent illegal transshipment eligible to receive duty-free 
treatment for textile and apparel products provided for in section 112 of the AGOA (19 U.S.C. § 3721).
4  In particular, section 112 of the AGOA provides for duty-free treatment for apparel 
assembled in eligible beneficiary countries from: 1) fabrics formed in the United States from U.S. 
yarns and cut in the United States; 2) components knit-to-shape in the United States from U.S. 
yarns; 3) fabrics formed in the United States from U.S. yarns, cut in the region, and sewn with U.S. thread; 4) a combination of U.S. and region al components, whether from components cut in 
the United States and the region from fabrics fo rmed in the United States from U.S. yarns or 
components knit-to-shape in the United States an d  t h e  r e g i o n  f r o m  U . S .  y a r n ,  s e w n  w i t h  U . S .  
thread; and 5) fabrics or yarns from third party so urces, if those inputs are determined to be in 
“short supply” in the United States.  The AGOA also provides for duty-free treatment for certain 
sweaters, handloomed, handmade, and folklore textiles or apparel, and ethnic printed fabrics.  Subject to an annual quantitative limit, the AGOA  provides for duty-free treatment for apparel 
assembled from fabric formed or components knit -to-shape in the region from U.S. or regional 
yarns, or both, or apparel formed on seamless knit ting machines from U.S. or regional yarns.  
Through 30 September 2025, a lower annual quantita tive limit applies to duty-free treatment of 
apparel made in countries designated “lesser developed” under the AGOA, regardless of the source 
of the fabric or yarn.
5 
 Section 111(a)(2) of the AGOA (19 U.S.C. § 2466a(a)(2)) requires the President to determine 
annually which beneficiary countries are eligible for benefits.  Under section 111(a)(3) of the AGOA 
(19 U.S.C. § 2466a(a)(3)), the President may terminate the designation of a beneficiary country if the country does not meet the eligibility criteria.  However, even if a country loses AGOA benefits, that does not alter the benefits the United States  provides under its GSP program to this country. 
 
2  SPECIFIC POLICY OBJE CTIVES OF THE MEASURE 
The AGOA is designed to alleviate poverty an d promote stability and sustainable economic 
development in sub-Saharan Africa by fostering increased trade and investment between the 
United States and beneficiary countries.  The AGOA is also intended to encourage regional economic integration and help beneficiary countries participate more fully in the global economy.  
It complements efforts by other Members to promote growth and development in the region.   
 3  CIRCUMSTANCES JUSTIFYING THE WAIVER 
Because of the severe and pressing development challenges facing sub-Saharan Africa, these 
policy objectives cannot be fully achieved through measures consistent with U.S. obligations under 
GATT 1994.  More than 400 million people in sub-Sa haran Africa live on less than $1.25 a day, and 
regional GNI per capita was less than $1,700 in 2013.  Average annual GDP growth in the region 
was 4.1 percent in 2013.  
 
                                               
3  Section 201 of the Trade Preferences Extension Act of 2015 extended U.S. GSP preferences for other 
developing countries to December 31, 2017. 
4  The beneficiary countries currently eligible for duty-free treatment of certain textile and apparel 
products are: Benin, Botswana, Bu rkina Faso, Cameroon, Cabo Verde, Chad, Côte d’Ivoire, Ethiopia, The 
Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mali, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, So uth Africa, Swaziland, Tanzania, Uganda, and Zambia. 
5  The President has designated the following co untries as lesser developed sub-Saharan African 
beneficiary countries: Angola, Benin, Burkina Faso, Ca meroon, Cabo Verde, Centra l African Republic, Chad, 
Republic of Congo, Djibouti, Eritrea, Ethiopia, Ghana,  Guinea, Guinea-Bissau, Kenya, Lesotho, Madagascar, 
Malawi, Mali, Mauritania, Mozambique, Niger, Nigeria, Rwanda, São Tomé an d Principe, Senegal, Sierra Leone, 
Swaziland, Tanzania, Uganda, and Zambia.  Congress de signated Botswana and Nami bia as lesser developed 
sub-Saharan African beneficiary countries and designated  Mauritius as a lesser developed sub-Saharan country 
through September 2015. G/C/W/713 
 
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  Sub-Saharan African countries traditionally have been marginalized in international commerce, 
which has caused a steady decline in the region’s role in global trade.  The region’s share of world exports was 3.1 percent in 1955, but its trade sh are dropped to 1.2 percent during the 1990s and 
has remained at about 2.3 percent over the past 5 years.  Moreover, sub-Saharan African 
countries face the burdens of high debt and pandemic disease.  Sub-Saharan Africa is home to 
33 of the 39 developing countries that are currently classified as Heavily Indebted Poor Countries by the World Bank.  About 24.7 million Africans are currently living with HIV/AIDS, and 
sub-Saharan Africa accounts for almost 70 percent of the global total of new HIV infections. 
 4  CONCLUSION 
Pursuant to Article IX:3 of the WTO Agreement, the United States requests a waiver of its 
obligations under paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of the GATT 1994 
through September 30, 2025, to the extent necessar y to permit it to provide duty-free treatment 
under the AGOA to eligible products originating in beneficiary countries.  
 
The United States requests the Council for Trade in Goods to give this application for a waiver expeditious and favourable consideration.  In the meantime, the United States will promptly enter 
into consultations, on request, with any interested  Member with respect to any difficulty or matter 
that may arise as a result of the preferential treatment provided under the AGOA. G/C/W/713 
 
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  UNITED STATES – AFRICAN GROWTH AND OPPORTUNITY ACT 
 
Decision of ____ 
 
The General Council, 
 Conducting the function of the Ministerial Conference in  the interval between meetings pursuant to 
paragraph 2 of Article IV of the WTO Agreement; 
 Having regard  to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization (the “WTO Agreement”),  the Guiding Principles to be followed in 
considering applications for waivers adopted on 1 November 1956 (BISD 5S/25), and the 
Understanding in Respect to Waivers of Obligations under the General Agreement on Tariffs and Trade 1994 (the “Understanding”); 
 
Taking note  of the request of the United States, pursuant to paragraph 3 of Article IX of the WTO 
Agreement, for a waiver of its obligations under paragraph 1 of Article I and paragraphs 1 and 2 of 
Article XIII of the General Agreement on Ta riffs and Trade 1994 (GATT 1994) through 30 
September 2025, to the extent necessary to permit  it to provide duty-free treatment to eligible 
products originating in beneficiary sub-Saharan African countries (“beneficiary countries”) designated pursuant to the African Growth and Opportunity Act (AGOA); 
 
Bearing in mind  also the 1979 Decision on Differential an d More Favourable Treatment, Reciprocity 
and Fuller Participation of Developing Countries and the 1994 Decision on Measures in Favour of 
Least-Developed Countries; 
 Considering the exceptional situation of the beneficiar y countries of the AGOA, and the stated 
objective of the AGOA to alleviate poverty and promote stability and sustainable economic 
development in sub-Saharan Africa by fostering increased trade and investment between the United States and beneficiary countries, and to encourage regional economic integration and help beneficiary countries participate mo re fully in the global economy; 
 
Considering further that the preferential treatment pr ovided under the AGOA is designed to 
promote the expansion of trade and economic development of beneficiary countries in a manner 
consistent with the objectives expressed in para graphs 1, 2, and 3 of the Preamble to the WTO 
Agreement;  
Considering further that the preferential treatment provided under the AGOA will not alter benefits 
provided under the U.S. Generalized System of Preferences to other developing countries;  Considering,  moreover, that the duty-free treatment pr ovided under AGOA should not prejudice 
the interests of other Members not benefiting from su ch treatment, and that it is expected that the 
extension of such duty-free treatment will not cause a significant diversion of United States imports of products eligible under AGOA originating in Members who are not beneficiary countries; 
 
Considering  that the duty-free treatment provided und er AGOA by the United States shall not 
constitute an impediment to the reduction or elimination of tariffs and other restrictions to trade 
on a most-favoured-nation basis; 
 Noting the assurances given by the United States that it will promptly enter into consultations, on 
request, with any interested Member with respec t to any difficulty or matter that may arise as a 
result of the preferential treatment provided under the AGOA; 
 Decides,  in view of these exceptional circumstances, as follows: 
 
1. Subject to the terms and conditions set out hereunder, paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII shall be wa ived through 30 September 2025, to the extent 
necessary to permit the United States to provide duty-free treatment to eligible products 
originating in beneficiary countries designated pursuant to the AGOA. G/C/W/713 
 
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2. The United States shall submit to the General Council an annual report on the implementation of the trade-related provisions of the AGOA with a view to facilitating the annual 
review provided for in paragraph 4 of  Article IX of the WTO Agreement.  
 
3.  The United States shall promptly notify the General Council of any trade-related measures taken under AGOA, in particular, any changes in the designation of beneficiary countries, as well 
as any modification being considered in the list of eligible products and the duty-free treatment 
thereof, and shall furnish it with all the information it may deem appropriate relating to such action. The United States shall consult with regard to any modification being considered in the list of eligible products. 
 
4. Such duty-free treatment shall be designed to  facilitate and promote the trade of beneficiary 
countries and not to raise barriers to or create undue difficulties for the trade of any other 
Members. 
 5. The United States shall promptly enter into consultations, on request, with any interested 
Member with respect to any difficulty or matter that may arise as a result of the preferential 
treatment provided under the AGOA. If a Member considers that any benefit accruing to it under the GATT 1994 may be or is being impaired unduly as a result of such implementation, such consultation shall examine the possibility of action for a satisfactory resolution of the matter. 
 
6. This Decision does not affect Members’ rights as set forth in the Understanding in Respect of Waivers of Obligations under the GATT 1994. G/C/W/713 
 
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  ANNEX I.A 
 
PUBLIC LAW 106-200 AS AMENDED BY PUBLIC LAW 107-210 
 
CHAPTER 12 - TRADE ACT OF 1974 
 
SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES 
 
Sec. 2466a. Designation of sub-Saharan African countries for certain benefits  (a) Authority to designate 
(1) In general 
Notwithstanding any other provision of law, the President is authorized to designate a 
country listed in section 3706 of this title as a beneficiary sub-Saharan African country eligible for 
the benefits described in subsection (b) of this section- 
(A) if the President determines that the country meets the eligibility requirements 
set forth in section 3703 of this title, as such requirements are in effect on May 18, 2000; and 
(B) subject to the authority granted to th e President under subsections (a), (d), 
and (e) of section 2462 of this title, if the country  otherwise meets the eligibility criteria set forth 
in section 2462 of this title. 
(2) Monitoring and review of certain countries 
The President shall monitor, review, and report to Congress annually on the progress of 
each country listed in section 3706 of this title in  meeting the requirements described in paragraph 
(1) in order to determine the current or potential eligibility of each country to be designated as a 
beneficiary sub-Saharan African country for purposes of this section. The President's 
determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the annual report required by 
section 3705 of this title. 
(3) Continuing compliance If the President determines that a beneficiary sub-Saharan African country is not making 
continual progress in meeting the requirements described in paragraph (1), the President shall 
terminate the designation of that country as a beneficiary sub-Saharan African country for 
purposes of this section, effective on January 1 of the year following the year in which such determination is made. 
(b) Preferential tariff treatment for certain articles 
(1) In general The President may provide duty-free treatment for any article described in section 2463 
(b)(1)(B) through (G) of this title that is the gr owth, product, or manufacture of a beneficiary 
sub-Saharan African country described in subsection (a) of this section, if, after receiving the advice of the International Trade Commission in ac cordance with section 2463 (e) of this title, the 
President determines that such article is not im port-sensitive in the context of imports from 
beneficiary sub-Saharan African countries. 
(2) Rules of origin The duty-free treatment provided under paragr aph (1) shall apply to any article described 
in that paragraph that meets the requirements of section 2463 (a)(2) of this title, except that- 
(A) if the cost or value of materials produc ed in the customs territory of the United 
States is included with respect to that articl e, an amount not to exceed 15 percent of the 
appraised value of the article at the time it is ente red that is attributed to such United States cost 
or value may be applied toward determining the percentage referred to in subparagraph (A) of 
section 2463 (a)(2) of this title; and 
(B) the cost or value of the materials included with respect to that article that are 
produced in one or more beneficiary sub-Saharan African countries shall be applied in determining 
such percentage. (c) Beneficiary sub-Saharan African countries, etc. 
For purposes of this subchapter, the terms "beneficiary sub-Saharan African country" and 
"beneficiary sub-Saharan African countries" mean a country or countries listed in section 3706 of this title that the President has determined is eligible under subsection (a) of this section. 
 
Sec. 2466b. Termination of benefits for sub-Saharan African countries G/C/W/713 
 
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In the case of a beneficiary sub-Saharan African country, as defined in section 2466a (c) of this title, duty-free treatment provided under this subc hapter shall remain in effect through September 
30, 2008.  
 
CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA 
  
SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA 
 Sec. 3701. Findings. 
3702. Statement of policy. 
3703. Eligibility requirements.  (a) In general. 
 (b) Continuing compliance. 
3704. United States-Sub-Saharan Africa Trade and Economic Cooperation Forum.  (a) Declaration of policy. 
            (b) Establishment. 
               (c) Requirements.              (d) Dissemination of information by USIS.                (e) HIV/AIDS e ffect on the sub-Saharan African workforce. 
3705. Reporting requirement. 
3706. Sub-Saharan Africa defined.  
SUBCHAPTER II - TRADE BENEFITS 
 3721. Treatment of certain textiles and apparel. 
       (a) Preferential treatment. 
           (b) Products covered.            (c) Treatment of quotas on textile and apparel imports from Kenya and Mauritius.             (d) Special rules. 
           (e) Definitions. 
               (f) Effective date. 3722. Protections against transshipment. 
           (a) Preferential treatment conditioned on enforcement measures. 
           (b) Customs procedures and enforcement.            (c) Customs Service enforcement. 
        (d) Authorization of appropriations. 
3723. Free trade agreements with sub-Saharan African countries.          (a) Declaration of policy.            (b) Plan requirement. 
           (c) Reporting requirement. 
3724. Assistant United States Trade Representative for African affairs.  
SUBCHAPTER III - ECONOMIC DE VELOPMENT RELATED ISSUES 
 3731. Sense of the Congress regarding comprehensive debt relief for the world's poorest 
countries. 
               (a) Findings.          (b) Sense of the Congress. 3732. Executive branch initiatives. 
        (a) Statement of the Congress. 
         (b) Technical assistance to promote economic reforms and development. 3733. Overseas Private Investment Corporation initiatives. 
           (a) Initiation of funds. 
           (b) Structure and types of funds.          (c) Overseas Private Investment Corporation. 
3734. Export-Import Bank initiatives. 
        (a) Sense of the Congress.          (b) Sub-Saharan Africa Advisory Committee. 3735. Expansion of the United States and Foreign Commercial Service in sub-Saharan Africa. 
           (a) Findings. G/C/W/713 
 
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                (b) Appointments. 
           (c) Initiative for sub-Saharan Africa. 3736. Donation of air traffic control equipmen t to eligible sub-Saharan African countries. 
3737. Additional authorities and increased flexibi lity to provide assistance under the Development 
Fund for Africa. 
         (a) Use of sustainable development assistance to support further economic growth.            (b) Declarations of policy. 
3738. Assistance from United States private sector to prevent and reduce HIV/AIDS in sub-
Saharan Africa. 3739. Sense of the Congress relating to HIV/AIDS crisis in sub-Saharan Africa.          (a) Findings. 
        (b) Sense of the Congress. 
3740. Study on improving African agricultural practices.            (a) In general. 
           (b) Land Grant Coll eges and not-for-profit institutions. 
3741. Sense of the Congress regarding efforts to combat desertification in Africa and other countries. 
         (a) Findings. 
       (b) Sense of the Congress.  Sec. 3701. Findings 
  
Congress finds that -       (1) it is in the mutual interest of the United States and the countries of sub-Saharan 
Africa to promote stable and sustainable economic  growth and development in sub-Saharan Africa; 
     (2) the 48 countries of sub-Saharan Africa form a region richly endowed with both natural and human resources; 
         (3) sub-Saharan Africa represents a region of enormous economic potential and of 
enduring Political significance to the United States;          (4) the region has experienced the strengthening of democracy as countries in sub-Saharan Africa have taken steps to encourage broader participation in the political process; 
         (5) certain countries in sub-Saharan Africa have increased their economic growth rates, 
taken significant steps towards liberalizing their economies, and made progress toward regional economic integration that can have positive benefits for the region; 
         (6) despite those gains, the per capita income in sub-Saharan Africa averages 
approximately $500 annually;          (7) trade and investment, as the American experience has shown, can represent 
powerful tools both for economic development and for encouraging broader participation in a 
political process in which political freedom can flourish;          (8) increased trade and investment flows have the greatest impact in an economic environment in which trading partners eliminate barriers to trade and capital flows and encourage 
the development of a vibrant private sector that offers individual African citizens the freedom to 
expand their economic opportunities and provide for their families;          (9) offering the countries of su b-Saharan Africa enhanced trade preferences will 
encourage both higher levels of trade and direct investment in support of the positive economic 
and political developments under way throughout the region; and          (10) encouraging the reciprocal reduction of trade and investment barriers in Africa will 
enhance the benefits of trade and investment for the region as well as enhance commercial and 
political ties between the United  States and sub-Saharan Africa. 
  Sec. 3702. Statement of policy 
  
Congress supports -          (1) encouraging increased trade and investment between the United States and sub-
Saharan Africa; 
         (2) reducing tariff and nontariff barriers and other obstacles to sub-Saharan African and United States trade; 
         (3) expanding United States assistance to sub-Saharan Africa's regional integration 
efforts;          (4) negotiating reciprocal and mutually beneficial trade agreements, including the possibility of establishing free trade areas that serve the interests of both the United States and 
the countries of sub-Saharan Africa; G/C/W/713 
 
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           (5) focusing on countries committe d to the rule of law, economic reform, and the 
eradication of poverty;          (6) strengthening and expanding the private sector in sub-Saharan Africa, especially enterprises owned by women and small businesses; 
         (7) facilitating the development of civil societies and political freedom in sub-Saharan 
Africa;          (8) establishing a United States-S ub-Saharan Africa Trade and Economic Cooperation 
Forum; and 
         (9) the accession of the countries in sub-Saharan Africa to the Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. 
  
Sec. 3703. Eligibility requirements   
     (a) In general 
       The President is authorized to designate a sub-Saharan African country as an eligible sub-Saharan African country if the President determines that the country –  
 (1) has established, or is making co ntinual progress toward establishing - 
           (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes gove rnment interference in the economy through 
measures such as price controls, subsidies, and government ownership of economic assets; 
           (B) the rule of law, political pluralism, and the right to due process, a fair trial, and 
equal protection under the law;            (C) the elimination of barriers to United States trade and investment, including by - 
              (i) the provision of national treatment and measures to create an environment 
conducive to domestic and foreign investment; 
             (ii) the protection of intellectual property; and 
             (iii) the resolution of bilateral trade and investment disputes; 
           (D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infr astructure, promote the development of private 
enterprise, and encourage the formation of capital markets through micro-credit or other 
programs; 
           (E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; 
and 
           (F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of 
forced or compulsory labor, a minimum age fo r the employment of children, and acceptable 
conditions of work with respect to minimum wages, hours of work, and occupational safety and health;          (2) does not engage in activities that undermine United States national security or 
foreign policy interests; and 
         (3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to 
eliminate human rights violations and terrorist activities. 
     (b) Continuing compliance        If the President determines that an eligible sub-Saharan African country is not making 
continual progress in meeting the requirements desc ribed in subsection (a)(1) of this section, the 
President shall terminate the designation of the co untry made pursuant to subsection (a) of this 
section.   
Sec. 3704. United States-Sub-Saharan Africa Trade and Economic Cooperation Forum 
       (a) Declaration of policy 
       The President shall convene annual high -level meetings between appropriate officials of 
the United States Government and officials of the governments of sub-Saharan African countries in order to foster close economic ties between the United States and sub-Saharan Africa. 
     (b) Establishment 
       Not later than 12 months after May 18, 2000, the President, after consulting with Congress and the governments concerned, shall es tablish a United States-Sub-Saharan Africa 
Trade and Economic Cooperation Forum (in this section referred to as the ''Forum''). 
     (c) Requirements G/C/W/713 
 
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  In creating the Forum, the President shall meet the following requirements: 
         (1) The President shall direct the Se cretary of Commerce, the Secretary of the Treasury, 
the Secretary of State, and the United States Trade Representative to host the first annual meeting with their counterparts from the governments of sub-Saharan African countries eligible 
under section 3703 of this title, and those sub- Saharan African countries that the President 
determines are taking substantial positive steps towards meeting the eligibility requirements in section 3703 of this title.  The purpose of th e meeting shall be to discuss expanding trade and 
investment relations between the United States an d sub-Saharan Africa and the implementation of 
this chapter including encouraging joint ventures between small and large businesses.  The President shall also direct the Secretaries and the United States Trade Representative to invite to the meeting representatives from appropriate sub-Saharan African regional organizations and 
government officials from other appropriate countries in sub-Saharan Africa. 
         (2)(A) The President, in consultation with the Congress, shall encourage United States nongovernmental organizations to host annual meetings with nongovernmental organizations from 
sub-Saharan Africa in conjunction with the annual meetings of the Forum for the purpose of 
discussing the issues described in paragraph (1).          (B) The President, in consultation with the Congress, shall encourage United States 
representatives of the private sector to host annual meetings with representatives of the private 
sector from sub-Saharan Africa in conjunction with the annual meetings of the Forum for the purpose of discussing the issues described in paragraph (1).          (3) The President shall, to the extent practicable, meet with the heads of governments 
of sub-Saharan African countries eligible under section 3703 of this title, and those sub-Saharan 
African countries that the President determines are taking substantial positive steps toward meeting the eligibility requirements in section 3703 of this title, not less than once every 2 years 
for the purpose of discussing the issues described in paragraph (1). The first such meeting should 
take place not later than 12 months after May 18, 2000.   (d) Dissemination of information by USIS 
 In order to assist in carrying out the purposes of the Forum, the United States 
Information Service shall disseminate regularly, through multiple media, economic information in support of the free market economic reforms described in this chapter.      (e) HIV/AIDS effect on the sub-Saharan African workforce 
       In selecting issues of common interest to the United States-Sub-Saharan Africa Trade 
and Economic Cooperation Forum, the President shall instruct the United States delegates to the Forum to promote a review by the Forum of the HIV/AIDS epidemic in each sub-Saharan African 
country and the effect of the HIV/AIDS epidem ic on economic development in each country. 
     Sec. 3705. Reporting requirement 
  
The President shall submit to the Congress, not later than 1 year after May 18, 2000, and annually 
thereafter through 2008, a comprehensive report on the trade and investment policy of the United States for sub-Saharan Africa, and on the implementation of this chapter and the amendments 
made by this chapter. 
   Sec. 3706. Sub-Saharan Africa defined 
  
    For purposes of this chapter, the term s ''sub-Saharan Africa'', ''sub-Saharan African 
country'', ''country in sub-Saharan Africa'', and ''countries in sub-Saharan Africa'' refer to the 
following or any successor political entities: 
         Republic of Angola (Angola).          Republic of Benin (Benin).          Republic of Botswana (Botswana). 
         Burkina Faso (Burkina). 
         Republic of Burundi (Burundi).          Republic of Cameroon (Cameroon). 
         Republic of  Cape Verde (Cape Verde). 
         Central African Republic.          Republic of Chad (Chad). 
         Federal Islamic Republic of the Comoros (Comoros). 
         Democrat ic Republic of Congo. 
         Republic of the Congo (Congo).          Republic of CoAE 3te d'Ivoire (CoAE3te d'Ivoire). 
         Republic of Djibouti (Djibouti). G/C/W/713 
 
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           Republic of Equatorial Guinea (Equatorial Guinea). 
         State of Eritrea (Eritrea).          Ethiopia.          Gabonese Republic (Gabon). 
         Republic of the Gambia (Gambia). 
         Republic of Ghana (Ghana).          Republic of Guinea (Guinea). 
         Republic of Guinea-Bissau (Guinea-Bissau). 
         Republic of Kenya (Kenya).          Kingdom of Lesotho (Lesotho).          Republic of Liberia (Liberia). 
         Republic of  Madagascar (Madagascar). 
         Republic of Malawi (Malawi).          Republic of Mali (Mali). 
         Islamic Republic of Mauritania (Mauritania). 
         Republic of Mauritius (Mauritius).          Republic of  Mozambique (Mozambique). 
         Republic of Namibia (Namibia). 
         Republic of Niger (Niger).          Federal Republic of Nigeria (Nigeria).          Republic of Rwanda (Rwanda). 
         Democratic Republic of Sao TomeAE1 and Principe (Sao TomeAE1 and Principe). 
         Republic of Senegal (Senegal).          Republic of Seychelles (Seychelles). 
         Republic of Sierra Leone (Sierra Leone). 
         Somalia.          Republic of South Africa (South Africa). 
         Republic of Sudan (Sudan). 
         Kingdom of Swaziland (Swaziland).          United Republic of Tanzania (Tanzania).          Republic of Togo (Togo). 
         Republic of Uganda (Uganda). 
         Republic of Zambia (Zambia).          Republic of Zimbabwe (Zimbabwe). 
   
Sec. 3721. Treatment of certain textiles and apparel   
     (a) Preferential treatment 
       Textile and apparel articles described in subsection (b) of this section that are imported directly into the customs territory of the United States from a beneficiary sub-Saharan African country described in section 2466a(c) of this title,  shall enter the United States free of duty and 
free of any quantitative limitations in accordance with the provisions set forth in subsection (b) of 
this section, if the country has satisfied the requ irements set forth in section 3722 of this title. 
     (b) Products covered 
       The preferential treatment described in subsection (a) of this section shall apply only to 
the following textile and apparel products:        (1) Apparel articles assembled in one or more beneficiary sub-Saharan African countries 
         Apparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan 
African countries from fabrics wholly formed and cut, or from components knit-to-shape, in the 
United States from yarns wholly formed in the Un ited States, (including fabrics not formed from 
yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff 
Schedule of the United States and are wholly fo rmed and cut in the United States) that are - 
           (A) entered under subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States; or 
           (B) entered under chapter 61 or 62 of the Harmonized Tariff Schedule of the United 
States, if, after such assembly, the articles would have qualified for entry under subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States but for the fact that the articles 
were embroidered or subjected to stone-washing,  enzyme-washing, acid washing, perma-pressing, 
oven-baking, bleaching, garment-dyeing, scr een printing, or other similar processes. 
       (2) Other apparel articles assembled in one or more beneficiary sub-Saharan African 
countries 
         Apparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan G/C/W/713 
 
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  African countries with thread formed in the United States from fabrics wholly formed in the United 
States and cut in one or more beneficiary sub-Saharan African countries from yarns wholly formed in the United States, or from components knit-t o-shape in the United St ates from yarns wholly 
formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are 
classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States 
and are wholly formed in the United States).        (3) Apparel articles from regional fabric or yarns 
         Apparel articles wholly assembled in one or more beneficiary sub-Saharan African 
countries from fabric wholly formed in one or more beneficiary sub-Saharan African countries from yarns originating either in the United States or one or more beneficiary sub-Saharan African countries (including fabrics not formed from yarns, if such fabrics are classified under heading 
5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed in one 
or more beneficiary sub-Saharan African countries), or from components knit-to-shape in one or more beneficiary sub-Saharan African countries from yarns originating either in the United States 
or one or more beneficiary sub-Saharan African countries, or apparel articles wholly formed on 
seamless knitting machines in a beneficiary sub-Saharan African country from yarns originating either in the United States or one or more beneficiary sub-Saharan African countries, subject to 
the following: 
         (A) Limitations on benefits            (i) In general              Preferential treatment under this paragraph shall be extended in the 1-year period 
beginning on October 1, 2000, and in each of the seven succeeding 1-year periods, to imports of 
apparel articles in an amount not to exceed th e applicable percentage of the aggregate square 
meter equivalents of all apparel articles imported into the United States in the preceding 12-month 
period for which data are available. 
           (ii) Applicable percentage              For purposes of this subparagraph, the term ''applicable percentage'' means 1.5 percent 
for the 1-year period beginning October 1, 2000, increased in each of the seven succeeding 1-year 
periods by equal increments, so that for the period beginning October 1, 2007, the applicable percentage does not exceed 3.5 percent.          (B) Special rule  for lesser developed countries 
           (i) In general 
             Subject to subparagraph (A), preferential treatment under this paragraph shall be extended through September 30, 2004, for apparel articles wholly assembled, or knit-to-shape 
and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African 
countries regardless of the country of origin of the fabric or the yarn used to make such articles. 
           (ii) Lesser developed beneficiary sub-Saharan African country 
             For purposes of clause (i), the term ''lesser developed beneficiary sub-Saharan African 
country'' means -                (I) a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for Reconstruction 
and Development; 
               (II) Botswana; and                (III) Namibia. 
         (C) Surge mechanism 
           (i) Import monitoring              The Secretary of Commerce shall mo nitor imports of articles described in this paragraph 
on a monthly basis to determine if there has been a surge in imports of such articles.  In order to 
permit public access to preliminary international trade data and to facilitate the early identification of potentially disruptive import surges, the Dire ctor of the Office of Management and Budget may 
grant an exception to the publication dates established for the release of data on United States 
international trade in covered articles, if the Director notifies Congress of the early release of the 
data.            (ii) Determinat ion of damage or threat thereof 
             Whenever the Secretary of Commerce determines, based on the data described in 
clause (i), or pursuant to a written request made by an interested party, that there has been a surge in imports of an article described in this paragraph from a beneficiary sub-Saharan African 
country, the Secretary shall determine whether such article from such country is being imported in 
such increased quantities as to cause serious dama ge, or threat thereof, to the domestic industry 
producing a like or directly competitive article.  If the Secretary's determination is affirmative, the President shall suspend the duty-fr ee treatment provided for such article under this paragraph.  If 
the inquiry is initiated at the request of an interested party, the Secretary shall make the G/C/W/713 
 
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  determination within 60 days after the date of the request. 
           (iii) Factors to consider              In determining whether a domestic industry has been seriously damaged, or is threatened with serious damage, the Secretary shall examine the effect of the imports on relevant 
economic indicators such as domestic producti on, sales, market share, capacity utilization, 
inventories, employment, profits, exports, prices, and investment.            (iv) Procedure 
             (I) Initiation 
               The Secretary of Commerce shall initiate an inquiry within 10 days after receiving a written request and supporting information for an inquiry from an interested party.  Notice of initiation of an inquiry shall be published in the Federal Register. 
             (II) Part icipation by interested parties 
               The Secretary of Commerce shall establish procedures to ensure participation in the inquiry by interested parties. 
             (III) Notice of determination 
               The Secretary shall publish the determination described in clause (ii) in the Federal Register. 
             (IV) Information available 
               If relevant information is not available on the record or any party withholds information 
that has been requested by the Secretary, the Secretary shall make the determination on the basis of the facts available.  When the Secretary relies on information submitted in the inquiry as facts 
available, the Secretary shall, to the extent practicable, corroborate the information from 
independent sources that are reasonably available to the Secretary.             (v) Interested party 
             For purposes of this subparagraph, the term ''interested party'' means any producer of a 
like or directly competitive article, a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or sale in the United 
States of a like or directly competitive article, a trade or business association representing 
producers or sellers of like or directly competitive articles, producers engaged in the production of essential inputs for like or directly competitive articles, a certified union or group of workers which is representative of an industry engaged in the manufacture, production, or sale of essential inputs 
for the like or directly competitive article, or a trade or business association representing 
companies engaged in the manufacture, production, or sale of such essential inputs.        (4) Sweaters knit-to-sh ape from cashmere or merino wool 
         (A) Cashmere 
           Sweaters, in chief weight of ca shmere, knit-to-shape in one or more beneficiary sub-
Saharan African countries and classifiable under subheading 6110.10 of the Harmonized Tariff 
Schedule of the United States. 
         (B) Merino wool            Sweaters, 50 percent or more by weight of wool measuring 21.5 microns in diameter or finer, knit-to-shape in one or more beneficiary sub-Saharan African countries. 
       (5) Apparel articles wholly assembled from fabric or yarn not available in commercial 
quantities in the United States          (A) In general 
           Apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in 
one or more beneficiary sub-Saharan African countries, from fabric or yarn that is not formed in the United States or a beneficiary sub-Saharan African country, to the extent that apparel articles 
of such fabrics or yarns would be eligible for pref erential treatment, without regard to the source 
of the fabric or yarn, under Annex 401 to the NAFTA.          (B) Additional apparel articles            At the request of any interested party and subject to the following requirements, the 
President is authorized to proclaim the treatment provided under subparagraph (A) for yarns or 
fabrics not described in subparagraph (A) if -              (i) the President determines that such yarns or fabrics cannot be supplied by the 
domestic industry in commercial quantities in a timely manner; 
             (ii) the President has obtained advice regarding the proposed action from the appropriate advisory committee established under section 2155 of this title and the United States 
International Trade Commission; 
             (iii) within 60 calendar days after the request, the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth - 
               (I) the action proposed to  be proclaimed and the reasons for such action; and G/C/W/713 
 
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                 (II) the advice obtained under clause (ii); 
             (iv) a period of 60 calendar days, beginning with the first day on which the President 
has met the requirements of subclauses (I) and (II) of clause (iii), has expired; and              (v) the President has consulted with such committees regarding the proposed action 
during the period referred to in clause (iii). 
       (6) Handloomed, ha ndmade, and folklore articles 
         A handloomed, handmade, or folklo re article of a beneficiary sub-Saharan African 
country or countries that is certified as such by the competent authority of such beneficiary 
country or countries.  For purposes of this paragraph, the President, after consultation with the beneficiary sub-Saharan African country or countries concerned, shall determine which, if any, particular textile and apparel goods of the country (or countries) shall be treated as being 
handloomed, handmade, or folklore articles. 
       (7) Apparel articles assembled in one or more beneficiary sub-Saharan African countries from United States and beneficiary sub-Saharan African country components 
Apparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan African 
countries with thread formed in the United States  from components cut in the United States and 
one or more beneficiary sub-Saharan African countries from fabric wholly formed in the United 
States from yarns wholly formed in the United States, or from components knit-to-shape in the 
United States and one or more beneficiary sub-Saharan African countries from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States). 
     (c) Treatment of quotas on textile and apparel imports from Kenya and Mauritius 
       The President shall eliminate the existing quotas on textile and apparel articles imported into the United States - 
         (1) from Kenya within 30 days afte r that country adopts an effective visa system to 
prevent unlawful transshipment of textile and apparel articles and the use of counterfeit documents relating to the importation of the articles into the United States; and 
         (2) from Mauritius within 30 days after that country adopts such a visa system. The 
Customs Service shall provide the necessary technical assistance to Kenya and Mauritius in the development and implementation of the visa systems.      (d) Special rules 
       (1) Findings and trimmings 
         (A) General rule            An article otherwise eligible for preferential treatment under this section shall not be 
ineligible for such treatment because the article contains findings or trimmings of foreign origin, if 
the value of such findings and trimmings do not exceed 25 percent of the cost of the components 
of the assembled article.  Examples of findings  and trimmings are sewing thread, hooks and eyes, 
snaps, buttons, ''bow buds'', decorative lace trim, elastic strips, and zippers, including zipper tapes 
and labels.  Elastic strips are considered findings or trimmings only if they are each less than 1 inch in width and used in the production of brassieres.          (B) Certain interlinings 
           (i) General rule 
             An article otherwise eligible for preferential treatment under this section shall not be ineligible for such treatment because the article contains certain interlinings of foreign origin, if the 
value of such interlinings (and any findings and trimmings) does not exceed 25 percent of the cost 
of the components of the assembled article.            (ii)  Interlinings described 
             Interlinings eligible for the treatment described in clause (i) include only a chest type 
plate, a ''hymo'' piece, or ''sleeve header'', of wove n or weft-inserted warp knit construction and of 
coarse animal hair or man-made filaments.            (iii) Termination of treatment 
             The treatment described in this subparagraph shall terminate if the President makes a 
determination that United States manufacturers are producing such interlinings in the United States in commercial quantities. 
         (C) Exception 
           In the case of an article described  in subsection (b)(2) of this section, sewing thread 
shall not be treated as findings or trimmings under subparagraph (A). 
       (2) De minimis rule 
         An article otherwise eligible for preferential treatment under this section shall not be ineligible for such treatment because the article contains fibers or yarns not wholly formed in the United States or one or more beneficiary sub-Saha ran African countries if the total weight of all 
such fibers and yarns is not more than 7 percent of the total weight of the article. G/C/W/713 
 
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       (e) Definitions 
       In this section and section 3722 of this title:        (1) Agreement on textiles and clothing          The term ''Agreement on Textiles and Clothing'' means the Agreement on Textiles and 
Clothing referred to in section 3511(d)(4) of this title. 
       (2) Beneficiary sub-Saharan African country, etc.          The terms ''beneficiary sub-Saharan African country'' and ''beneficiary sub-Saharan 
African countries'' have the same meaning as such terms have under section 2466a(c) of this title. 
       (3) NAFTA          The term ''NAFTA'' means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992. 
     (f) Effective date 
       This section takes effect on October 1, 2000, and shall remain in effect through September 30, 2008. 
 
Sec. 3722. Protections against transshipment   
     (a) Preferential treatment conditioned on enforcement measures 
       (1) In general          The preferential treatment under sect ion 3721(a) of this title shall not be provided to 
textile and apparel articles that are imported from a beneficiary sub-Saharan African country 
unless that country - 
           (A) has adopted an effective visa system, domestic laws, and enforcement procedures applicable to covered articles to prevent unlawful transshipment of the articles and the use of 
counterfeit documents relating to the importation of the articles into the United States; 
           (B) has enacted legislation or promulgated regulations that would permit United States Customs Service verification teams to have the access necessary to investigate thoroughly 
allegations of transshipment through such country; 
           (C) agrees to report, on a timely basis, at the request of the United States Customs Service, on the total exports from and imports into that country of covered articles, consistent with the manner in which the records are kept by that country; 
           (D) will cooperate fully with the United States to address and take action necessary to 
prevent circumvention as provided in Article 5 of the Agreement on Textiles and Clothing; 
           (E) agrees to require all producers and exporters of covered articles in that country to 
maintain complete records of the production and the export of covered articles, including materials 
used in the production, for at least 2 years after the production or export (as the case may be); and 
           (F) agrees to report, on a timely basis, at the request of the United States Customs 
Service, documentation establishing the country of origin of covered articles as used by that country in implementing an effective visa system.        (2) Country of origin documentation 
         For purposes of paragraph (1)(F), documentation regarding the country of origin of the 
covered articles includes documentation such as production records, information relating to the place of production, the number and identification of the types of machinery used in production, 
the number of workers employed in production, and certification from both the manufacturer and 
the exporter.      (b) Customs procedures and enforcement 
       (1) In general 
         (A) Regulations            Any importer that claims preferential treatment under section 3721 of this title shall comply with customs procedures similar  in all material respects to the requirements of Article 
502(1) of the NAFTA as implemented pursuant to United States law, in accordance with 
regulations promulgated by the Secretary of the Treasury.          (B) Determination 
           (i) In general 
             In order to qualify for the preferential treatment under section 3721 of this title and for a Certificate of Origin to be valid with respect to any article for which such treatment is claimed, 
there shall be in effect a determination by the President that each country described in clause (ii) - 
               (I) has implemented and follows; or                (II) is making substantial pr ogress toward implementing and following, procedures and 
requirements similar in all material respects to the relevant procedures and requirements under 
chapter 5 of the NAFTA. G/C/W/713 
 
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             (ii) Country described 
             A country is de scribed in this clause if it is a beneficiary sub-Saharan African country - 
               (I) from which the article is exported; or                (II) in which materials used in the production of the article originate or in which the 
article or such materials, undergo production that contributes to a claim that the article is eligible 
for preferential treatment.        (2) Certificate of Origin 
         The Certificate of Origin that otherwise would be required pursuant to the provisions of 
paragraph (1) shall not be required in the case of an article imported under section 3721 of this title if such Certificate of Origin would not be required under Article 503 of the NAFTA (as implemented pursuant to United States law), if the article were imported from Mexico. 
       (3) Penalties for exporters 
         If the President determines, based on sufficient evidence, that an exporter has engaged in transshipment as defined in paragraph (4), then the President shall deny for a period of 5 years 
all benefits under section 3721 of this title to su ch exporter, any successor of such exporter, and 
any other entity owned or operated by the principal of the exporter.        (4) Transshipment described 
         Transshipment within the meaning of this subsection has occurred when preferential 
treatment for a textile or apparel article under this chapter has been claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components.  For purposes of this paragraph, false information is 
material if disclosure of the true information would mean or would have meant that the article is or 
was ineligible for preferential treatment under section 3721 of this title.        (5) Monitoring and reports to Congress 
         The Customs Service shall monitor and the Commissioner of Customs shall submit to 
Congress, not later than March 31 of each year, a report on the effectiveness of the visa systems and the implementation of legislation and regulations described in subsection (a) of this section 
and on measures taken by countries in sub-Saharan Africa which export textiles or apparel to the 
United States to prevent circumvention as described  in Article 5 of the Agreement on Textiles and 
Clothing.      (c) Customs Service enforcement 
       The Customs Service shall - 
         (1) make available technical assistance to the beneficiary sub-Saharan African countries - 
           (A) in the development and implemen tation of visa systems, legislation, and regulations 
described in subsection (a)(1)(A) of this section; and            (B) to train their officials in anti-transshipment enforcement;  
 (2) send production verification teams to at least four beneficiary sub-Saharan African 
countries each year; and          (3) to the extent feasible, place beneficiary sub-Saharan African countries on the Electronic Visa (ELVIS) program. 
     (d) Authorization of appropriations 
       There is authorized to be appropriated to carry out subsection (c) of this section the sum of $5,894,913. 
 
Sec. 3723. Free trade agreements with sub-Saharan African countries  
     (a) Declaration of policy 
       Congress declares that free trade agreements should be negotiated, where feasible, with interested countries in sub-Saharan Africa, in order to serve as the catalyst for increasing trade between the United States and sub-Saharan Africa and increasing private sector investment 
in sub-Saharan Africa. 
     (b) Plan requirement        (1) In general 
         The President, taking into account th e provisions of the treaty establishing the African 
Economic Community and the willingness of the governments of sub-Saharan African countries to engage in negotiations to enter into free trade agreements, shall develop a plan for the purpose of 
negotiating and entering into one or more trad e agreements with interested beneficiary sub-
Saharan African countries.        (2) Elements of plan          The plan shall include the following: 
           (A) The specific objectives of the United States with respect to negotiations described in G/C/W/713 
 
- 17 - 
 
  paragraph (1) and a suggested timetable for achieving those objectives. 
           (B) The benefits to both the United States and the relevant sub-Saharan African countries with respect to the applicable free trade agreement or agreements.            (C) A mutually agreed-upon timetable for the negotiations. 
           (D) The implications for and the role of regional and sub-regional organizations in sub-
Saharan Africa with respect to such free trade agreement or agreements.            (E) Subject matter anticipated to be covered by the negotiations and United States 
laws, programs, and policies, as well as the laws of participating eligible African countries and 
existing bilateral and multilateral and economic  cooperation and trade agreements, that may be 
affected by the agreement or agreements.            (F) Procedures to ensure the following: 
             (i) Adequate consultation with the Congress and the private sector during the 
negotiations.              (ii) Consultation with the Congress regarding all matters relating to implementation of 
the agreement or agreements. 
             (iii) Approval by the Congress of the agreement or agreements.              (iv) Adequate consultations with the relevant African governments and African regional 
and subregional intergovernmental organizations during the negotiation of the agreement or 
agreements.      (c) Reporting requirement        Not later than 12 months after May 18, 2000, the President shall prepare and transmit 
to the Congress a report containing the plan developed pursuant to subsection (b) of this section. 
  Sec. 3724. Assistant United States Trade Representative for African Affairs 
 
       It is the sense of the Congress that -          (1) the position of Assistant United  States Trade Representative for African Affairs is 
integral to the United States commitment to increasing United States-sub-Saharan African trade 
and investment;          (2) the position of Assistant United States Trade Representative for African Affairs 
should be maintained within the Office of the Un ited States Trade Representative to direct and 
coordinate interagency activities on United States-Africa trade policy and investment matters and 
serve as -            (A) a primary point of contact in the executive branch for those persons engaged in 
trade between the United States and sub-Saharan Africa; and 
           (B) the chief advisor to the United States Trade Representative on issues of trade and investment with Africa; and 
         (3) the United States Trade Representative should have adequate funding and staff to 
carry out the duties of the Assistant United St ates Trade Representative for African Affairs 
described in paragraph (2), subject to the availability of appropriations.   
Sec. 3731. Sense of the Congress regarding comprehensive debt relief for the world's poorest 
countries   
     (a) Findings 
       Congress makes the following findings:          (1) The burden of external debt has become a major impediment to economic growth 
and poverty reduction in many of the world's poorest countries. 
         (2) Until recently, the United States  Government and other official creditors sought to 
address this problem by rescheduling loans and in  some cases providing limited debt reduction. 
         (3) Despite such efforts, the cumulative debt of many of the world's poorest countries 
continued to grow beyond their capacity to repay. 
         (4) In 1997, the Group of Seven, the World Bank, and the International Monetary Fund 
adopted the Heavily Indebted Poor Countries Init iative (HIPC), a commitment by the international 
community that all multilateral and bilateral creditors, acting in a coordinated and concerted 
fashion, would reduce poor country debt to a sustainable level.          (5) The HIPC Initiative is currently undergoing reforms to address concerns raised about 
country conditionality, the amount of debt forgiven, and the allocation of savings realized through 
the debt forgiveness program to ensure that th e Initiative accomplishes the goals of economic 
growth and poverty alleviation in the world's poorest countries.      (b) Sense of the Congress 
       It is the sense of the Congress that - G/C/W/713 
 
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           (1) Congress and the President should work together, without undue delay and in 
concert with the international community, to make comprehensive debt relief available to the world's poorest countries in a manner that promotes economic growth and poverty alleviation;          (2) this program of bilateral and multilateral debt relief should be designed to 
strengthen and expand the private sector, encourage increased trade and investment, support the 
development of free markets, and promote broad-scale economic growth in beneficiary countries;          (3) this program of debt relief should also support the adoption of policies to alleviate 
poverty and to ensure that benefits are shared widely among the population, such as through 
initiatives to advance education, improve health, combat AIDS, and promote clean water and environmental protection;   (4) these debt relief agreements should be designed and implemented in a transparent 
manner and with the broad participation of the citizenry of the debtor country and should ensure 
that country circumstances are adequately taken into account;          (5) no country should receive the benefits of debt relief if that country does not 
cooperate with the United States on terrorism or narcotics enforcement, is a gross violator of the 
human rights of its citizens, or is engaged in conflict or spends excessively on its military; and          (6) in order to prevent adverse impact on a key industry in many developing countries, 
the International Monetary Fund must mobilize its own resources for providing debt relief to 
eligible countries without allowing gold to reach the open market, or otherwise adversely affecting the market price of gold.   
Sec. 3732. Executive branch initiatives 
       (a) Statement of the Congress 
       The Congress recognizes that the stated policy of the executive branch in 1997, the 
''Partnership for Growth and Opportunity in Africa'' initiative, is a step toward the establishment of a comprehensive trade and development policy for sub-Saharan Africa. It is the sense of the 
Congress that this Partnership is a companion to the policy goals set forth in this chapter. 
     (b) Technical assistance to promote economic reforms and development        In addition to continuing bilateral and multilateral economic and development assistance, the President shall target technical assistance toward - 
         (1) developing re lationships between United States firms and firms in sub-Saharan 
Africa through a variety of business associations and networks;          (2) providing assistance to the governments of sub-Saharan African countries to - 
           (A) liberalize trade and promote exports; 
           (B) bring their legal regimes in to compliance with the standards of the World Trade 
Organization in conjunction with membership in that Organization; 
           (C) make financial and fiscal reforms; and 
           (D) promot e greater agribusiness linkages; 
         (3) addressing such critical agricultural policy issues as market liberalization, agricultural export development, and agribusine ss investment in processing and transporting 
agricultural commodities; 
         (4) increasing the number of reverse trade missions to growth-oriented countries in sub-Saharan Africa; 
         (5) increasing trade in services; and 
         (6) encouraging greater sub-Saharan African participation in future negotiations in the World Trade Organization on services and making further commitments in their schedules to the 
General Agreement on Trade in Services in order to encourage the removal of tariff and nontariff 
barriers.  Sec. 3733. Overseas Private Investment Corporation initiatives 
 
     (a) Initiation of funds        It is the sense of the Congress that the Overseas Private Investment Corporation should 
exercise the authorities it has to initiate an equity fund or equity funds in support of projects in the 
countries in sub-Saharan Africa, in addition to the existing equity fund for sub-Saharan Africa created by the Corporation. 
     (b) Structure and types of funds 
       (1) Structure          Each fund initiated under subsection (a) of this section should be structured as a partnership managed by professional private sector fund managers and monitored on a continuing 
basis by the Corporation. G/C/W/713 
 
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         (2) Capitalization 
         Each fund should be  capitalized with a combination of private equity capital, which is not 
guaranteed by the Corporation, and debt for which the Corporation provides guaranties.        (3) Infrastructure fund 
         One or more of the funds, with combined assets of up to $500,000,000, should be used 
in support of infrastructure projects in countries of sub-Saharan Africa.        (4) Emphasis 
         The Corporation shall ensure that the funds are used to provide support in particular to 
women entrepreneurs and to innovative investme nts that expand opportunities for women and 
maximize employment opportunities for poor individuals.      (c) Overseas Private Investment Corporation 
       (1) Omitted 
       (2) Reports to Congress          Within 6 months after May 18, 2000, and annually for each of the 4 years thereafter, 
the Board of Directors of the Overseas Private Investment Corporation shall submit to Congress a 
report on the steps that the Board has taken to implement section 2193(e) of title 22 and any recommendations of the investment advisory co uncil established pursuant to such section. 
  
Sec. 3734. Export-Import Bank initiatives        (a) Sense of the Congress 
       It is the sense of the Congress that the Board of Directors of the Bank shall continue to 
take comprehensive measures, consistent with the credit standards otherwise required by law, to 
promote the expansion of the Bank's financial commitments in sub-Saharan Africa under the loan, 
guarantee and insurance programs of the Bank. 
     (b) Sub-Saharan Africa Advisory Committee        The sub-Saharan Africa Advisory Committee (SAAC) is to be commended for aiding the 
Bank in advancing the economic partnership betw een the United States and the nations of sub-
Saharan Africa by doubling the number of sub-Saharan African countries in which the Bank is open for traditional financing and by increasing by tenfold the Bank's support for sales to sub-Saharan Africa from fiscal year 
    1998 to fiscal year 1999. The Board of Directors of the Bank and its staff shall continue to 
review carefully the sub-Saharan Africa Advisory Committee recommendations on the development and implementation of new and innovative policies and programs designed to 
promote the Bank's expansion in sub-Saharan Africa. 
  Sec. 3735. Expansion of the United States and Foreign Commercial Service in sub-Saharan Africa 
  
     (a) Findings        The Congress makes the following findings:          (1) The United States and Foreign Co mmercial Service (hereafter in this section referred 
to as the ''Commercial Service'') plays an important role in helping United States businesses 
identify export opportunities and develop reliabl e sources of information on commercial prospects 
in foreign countries. 
         (2) During the 1980s, the presence of the Commercial Service in sub-Saharan Africa 
consisted of 14 professionals providing services in  eight countries.  By early 1997, that presence 
had been reduced by half to seven professionals in only four countries. 
         (3) Since 1997, the Department of Commerce has slowly begun to increase the 
presence of the Commercial Service in sub-Saharan Africa, adding five full-time officers to established posts.          (4) Although the Commercial Service Officers in these countries have regional 
responsibilities, this kind of coverage does not adequately service the needs of United States 
businesses attempting to do business in sub-Saharan Africa.          (5) The Congress has, on several occasions, encouraged the Commercial Service to 
focus its resources and efforts in countries or regions in Europe or Asia to promote greater United 
States export activity in those markets, and similar encouragement should be provided for countries in sub-Saharan Africa as well. 
         (6) Because market information is not widely available in many sub-Saharan African 
countries, the presence of additional Commercial Service Officers and resources can play a significant role in assisting United States businesses in markets in those countries.      (b) Appointments 
       Subject to the availability of approp riations, by not later than December 31, 2001, the G/C/W/713 
 
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  Secretary of Commerce, acting through the Assist ant Secretary of Commerce and Director General 
of the United States and Foreign Commercial Service, shall take steps to ensure that - 
         (1) at least 20 full-time Commercial Service employees are stationed in sub-Saharan Africa; and  
         (2) full-time Commercial Service employees are stationed in not less than 10 different 
sub-Saharan African countries.      (c) Initiative for sub-Saharan Africa 
       In order to encourage the export of United States goods and services to sub-Saharan 
African countries, the International Trade Administration shall make a special effort to -          (1) identify United States goods and services which are the best prospects for export by United States companies to sub-Saharan Africa; 
         (2) identify, where appropriate, tariff and non-tariff barriers that are preventing or 
hindering sales of United States goods and services to, or the operation of United States companies in, sub-Saharan Africa; 
         (3) hold discussions with appropriate authorities in sub-Saharan Africa on the matters 
described in paragraphs (1) and (2) with a view to securing increased market access for United States exporters of goods and services; 
         (4) identify current resource allocations and personnel levels in sub-Saharan Africa for 
the Commercial Service and consider plans for the deployment of additional resources or personnel to that region; and         (5) make available to the public, through printed and electronic means of 
communication, the information derived pursuant to paragraphs (1) through (4) for each of the 4 
years after May 18, 2000.  
Sec. 3736. Donation of air traffic control equipment to eligible sub-Saharan African countries 
         It is the sense of the Congress that , to the extent appropriate, the United States 
Government should make every effort to donate to governments of sub-Saharan African countries 
determined to be eligible under section 3703 of this  title air traffic control equipment that is no 
longer in use, including appropriate related reimbursable technical assistance.  
Sec. 3737. Additional authorities and increased flexibility to provide assistance under the 
Development Fund for Africa   
     (a) Use of sustainable development assistance to support further economic growth 
       It is the sense of the Congress that sustained economic growth in sub-Saharan Africa depends in large measure upon the development of a receptive environment for trade and 
investment, and that to achieve this objective the United States Agency for International 
Development should continue to support programs which help to create this environment.  Investments in human resources, development, and implementation of free market policies, including policies to liberalize agricultural markets and improve food security, and the support for 
the rule of law and democratic governance should continue to be encouraged and enhanced on a 
bilateral and regional basis.      (b) Declarations of policy 
       The Congress makes the following declarations: 
         (1) The Development Fund for Africa established under chapter 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2293 et seq.) has been an effective tool in providing 
development assistance to sub-Saharan Africa since 1988. 
         (2) The Development Fund for Africa will complement the other provisions of this chapter and lay a foundation for increased trade and investment opportunities between the United States and sub-Saharan Africa. 
         (3) Assistance provided through the Development Fund for Africa will continue to 
support programs and activities that promote the long term economic development of sub-
Saharan Africa, such as programs and activities relating to the following: 
           (A) Strengthening primary and voca tional education systems, especially the acquisition 
of middle-level technical skills for operating modern private businesses and the introduction of college level business education, including the study of international business, finance, and stock 
exchanges. 
           (B) Strengthening health care systems.            C) Supporting democratization, good governance and civil society and conflict resolution efforts. 
           (D) Increasing food security by promoting the expansion of agricultural and agriculture-G/C/W/713 
 
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  based industrial production and productivity and increasing real incomes for poor individuals. 
           (E) Promoting an enabling environment for private sector-led growth through sustained economic reform, privatization programs, and market-led economic activities.            (F) Promoting decentralization and local participation in the development process, 
especially linking the rural production sectors and the industrial and market centers throughout 
Africa.            (G) Increasing the technical and managerial capacity of sub-Saharan African individuals 
to manage the economy of sub-Saharan Africa. 
           (H) Ensuring sustainable economic growth through environmental protection.          (4) The African Development Foundation has a unique congressional mandate to empower the poor to participate fully in development and to increase opportunities for gainful 
employment, poverty alleviation, and more equitable income distribution in sub-Saharan Africa. 
The African Development Foundation has worked successfully to enhance the role of women as agents of change, strengthen the informal sector  with an emphasis on supporting micro and small 
sized enterprises, indigenous technologies, and mobilizing local financing.  The African 
Development Foundation should develop and implement strategies for promoting participation in the socioeconomic development process of grassroots and informal sector groups such as 
nongovernmental organizations, cooperatives, artisans, and traders into the programs and 
initiatives established under this chapter.   Sec. 3738. Assistance from United States private sector to prevent and reduce HIV/AIDS in sub-
Saharan Africa 
         It is the sense of the Congress that United States businesses should be encouraged to 
provide assistance to sub-Saharan African countries to prevent and reduce the incidence of 
HIV/AIDS in sub-Saharan Africa. In providing such assistance, United States businesses should be encouraged to consider the establishment of an HIV/AIDS Response Fund in order to provide for 
coordination among such businesses in the collecti on and distribution of the assistance to sub-
Saharan African countries.  Sec. 3739. Sense of the Congress relating to HIV/AIDS crisis in sub-Saharan Africa 
  
     (a) Findings        The Congress finds the following: 
         (1) Sustained economic development in sub-Saharan Africa depends in large measure 
upon successful trade with and foreign assistance to the countries of sub-Saharan Africa.          (2) The HIV/AIDS crisis has reached epidemic proportions in sub-Saharan Africa, where 
more than 21,000,000 men, women, and children are infected with HIV. 
         (3) Eighty-three percent of the estimated 11,700,000 deaths from HIV/AIDS worldwide have been in sub-Saharan Africa.          (4) The HIV/AIDS crisis in sub-Saharan Africa is weakening the structure of families and 
societies. 
         (5)(A) The HIV/AIDS crisis threatens the future of the workforce in sub-Saharan Africa. 
         (B) Studies show that HIV/AIDS in sub-Saharan Africa most severely affects individuals 
between the ages of 15 and 49 – the age group th at provides the most support for the economies 
of sub-Saharan African countries.          (6) Clear evidence demonstrates that HIV/AIDS is destructive to the economies of sub-
Saharan African countries. 
         (7) Sustained economic development is critical to creating the public and private sector resources in sub-Saharan Africa necessary to fight the HIV/AIDS epidemic.      (b) Sense of the Congress 
       It is the sense of the Congress that - 
         (1) addressing the HIV/AIDS crisis in sub-Saharan Africa should be a central component of United States foreign policy with respect to sub-Saharan Africa; 
         (2) significant progress needs to be made in preventing and treating HIV/AIDS in sub-
Saharan Africa in order to sustain a mutually beneficial trade relationship between the United States and sub-Saharan African countries; and 
         (3) the HIV/AIDS crisis in sub-Saha ran Africa is a global threat that merits further 
attention through greatly expanded public, private, and joint public-private efforts, and through appropriate United States legislation.  
Sec. 3740. Study on improving African agricultural practices G/C/W/713 
 
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     (a) In general        The Secretary of Agriculture, in consultation with American Land Grant Colleges and Universities and not-for-profit international organizations, is authorized to conduct a 2-year study 
on ways to improve the flow of American farming techniques and practices to African farmers.  The 
study shall include an examination of ways of improving or utilizing -          (1) knowledge of insect and sanitation procedures; 
         (2) modern farming and soil conservation techniques; 
         (3) modern farming equipm ent (including maintaining the equipment); 
         (4) marketing crop yields to prospective purchasers; and          (5) crop maximization practices. 
     The Secretary of Agriculture shall submit the study to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives not later than September 30, 2001. 
     (b) Land Grant Colleges and not-for-profit institutions 
 In conducting the study under subsection (a) of this section, the Secretary of Agriculture is encouraged to consult with American Land Grant Colleges and not-for-profit international 
organizations that have firsthand knowledg e of current African farming practices. 
  Sec. 3741. Sense of the Congress regarding efforts to combat desertification in Africa and other countries 
  
     (a) Findings        The Congress finds that - 
         (1) desertification affects approximately one-sixth of the world's population and one-
quarter of the total land area;          (2) over 1,000,000 hectares of Africa are affected by desertification; 
         (3) dryland degradation is an underlying cause of recurrent famine in Africa; 
         (4) the United Nations Environment Programme estimates that desertification costs the world $42,000,000,000 a year, not including incalculable costs in human suffering; and          (5) the United States can strengthen its partnerships throughout Africa and other 
countries affected by desertification, help alleviate social and economic crises caused by misuse of 
natural resources, and reduce dependence on fore ign aid, by taking a leading role to combat 
desertification. 
     (b) Sense of the Congress 
       It is the sense of the Congress that th e United States should ex peditiously work with the 
international community, particularly Africa and other countries affected by desertification, to - 
         (1) strengthen international cooperation to combat desertification; 
         (2) promote the development of national and regional strategies to address desertification and increase public awareness of this serious problem and its effects;          (3) develop and implement national action programs that identify the causes of 
desertification and measures to address it; and 
         (4) recognize the essential role of local governments and nongovernmental organizations in developing and implementing measures to address desertification. 
 G/C/W/713 
 
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  ANNEX I.B 
 
PUBLIC LAW 108-274 
 
AGOA Acceleration Act of 2004 
 
SECTION 1. SHORT TITLE. 
This Act may be cited as the `AGOA Acceleration Act of 2004'. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The African Growth and Opportunity Act (in this section and section 3 referred to 
as `the Act') has helped to spur economic growth and bolster economic reforms in the 
countries of sub-Saharan Africa and has fost ered stronger economic ties between the 
countries of sub-Saharan Africa and the United States; as a result, exports from the 
United States to sub-Saharan Africa reached record levels after the enactment of the 
Act, while exports from sub-Saharan Africa to the United States have increased considerably. 
(2) The Act's eligibility requirements have reinforced democratic values and the rule of 
law, and have strengthened adherence to internationally recognized worker rights in 
eligible sub-Saharan African countries. 
(3) The Act has helped to bring about substantial increases in foreign investment in 
sub-Saharan Africa, especially in the textile and apparel sectors, where tens of 
thousands of new jobs have been created. 
(4) As a result of the Agreement on Textiles and Apparel of the World Trade 
Organization, under which quotas maintained by WTO member countries on textile and 
apparel products end on January 1, 2005, sub-Saharan Africa's textile and apparel industry will be severely challenged by countries whose industries are more developed 
and have greater capacity, economies of scale, and better infrastructure. 
(5) The underdeveloped physical and financial infrastructure in sub-Saharan Africa 
continues to discourage investment in the region. 
(6) Regional integration establishes a foundation on which sub-Saharan African 
countries can coordinate and pursue policies grounded in African interests and history 
to achieve sustainable development. 
(7) Expanded trade because of the Act has improved fundamental economic conditions 
within sub-Saharan Africa. The Act has helped to create jobs in the poorest region of 
the world, and most sub-Saharan African countries have sought to take advantage of the opportunities provided by the Act. 
(8) Agricultural biotechnology holds promise for helping solve global food security and 
human health crises in Africa and, according to recent studies, has made contributions 
to the protection of the environment by reducing the application of pesticides, reducing soil erosion, and creating an environment more hospitable to wildlife. 
(9) (A) One of the greatest challenges facing African countries continues to be the 
HIV/AIDS epidemic, which has infected as many as one out of every four people in some countries, creating tremendous social, political, and economic costs. African 
countries need continued United States financial and technical assistance to combat this epidemic. 
(B) More awareness and involvement by governments are necessary. Countries like 
Uganda, recognizing the threat of HIV/AIDS, have boldly attacked it through a 
combination of education, public awareness, enhanced medical infrastructure and resources, and greater access to medical treatment. An effective HIV/AIDS prevention and treatment strategy involves all of these steps. 
(10) African countries continue to need trade capacity assistance to establish viable 
economic capacity, a well-grounded rule of law, and efficient government practices. G/C/W/713 
 
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  SEC. 3. STATEMENT OF POLICY. 
The Congress supports-- 
(1) a continued commitment to increase trade between the United States and sub-
Saharan Africa and increase investment in sub-Saharan Africa to the benefit of workers, businesses, and farmers in the Un ited States and in sub-Saharan Africa, 
including by developing innovative approaches to encourage development and investment in sub-Saharan Africa; 
(2) a reduction of tariff and nontariff barriers and other obstacles to trade between the 
countries of sub-Saharan Africa and the United States, with particular emphasis on 
reducing barriers to trade in emerging sectors of the economy that have the greatest potential for development; 
(3) development of sub-Saharan Africa's physical and financial infrastructure; 
(4) international efforts to fight HIV/AIDS , malaria, tuberculosis, other infectious 
diseases, and serious public health problems; 
(5) many of the aims of the New Partnership for African Development (NEPAD), which 
include-- 
(A) reducing poverty and increasing economic growth; 
(B) promoting peace, democracy, security, and human rights; (C) promoting African integration by deepening linkages between African 
countries and by accelerating Africa's economic and political integration into 
the rest of the world; 
(D) attracting investment, debt relief, and development assistance; 
(E) promoting trade and economic diversification; (F) broadening global market access for United States and African exports; (G) improving transparency, good governance, and political accountability; (H) expanding access to social services, education, and health services with a 
high priority given to addressing HIV/AIDS, malaria, tuberculosis, other infectious diseases, and other public health problems; 
(I) promoting the role of women in social and economic development by 
reinforcing education and training and by assuring their participation in political 
and economic arenas; and 
(J) building the capacity of governments in sub-Saharan Africa to set and 
enforce a legal framework, as well as to enforce the rule of law; 
(6) negotiation of reciprocal trade agreem ents between the United States and sub-
Saharan African countries, with the overall goal of expanding trade across all of sub-
Saharan Africa; 
(7) the President seeking to negotiate, with interested eligible sub-Saharan African 
countries, bilateral trade agreements that provide investment opportunities, in accordance with section 2102(b)(3) of the Trade Act of 2002 (19 U.S.C. 3802(b)(3)); 
(8) efforts by the President to negotiate with the member countries of the Southern 
African Customs Union in order to provide the opportunity to deepen and make 
permanent the benefits of the Act while giving the United States access to the markets of these African countries for United States goods and services, by reducing tariffs and 
non-tariff barriers, strengthening intellectual property protection, improving 
transparency, establishing general dispute settlement mechanisms, and investor-state and state-to-state dispute settlement mechanisms in investment;   
(9) a comprehensive and ambitious trade agreement with the Southern African 
Customs Union, covering all products and sectors, in order to mature the economic 
relationship between sub-Saharan African countries and the United States and because such an agreement would deepen United St ates economic and political ties to the 
region, lend momentum to United States development efforts, encourage greater 
United States investment, and promote regional integration and economic growth; 
(10) regional integration among sub-Saharan African countries and business 
partnerships between United States and African firms; and G/C/W/713 
 
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  (11) economic diversification in sub-Saharan African countries and expansion of trade 
beyond textiles and apparel. 
SEC. 4. SENSE OF CONGRESS ON RECIPROCITY AND REGIONAL ECONOMIC 
INTEGRATION. 
It is the sense of the Congress that-- 
(1) the preferential market access opportunities for eligible sub-Saharan African 
countries will be complemented and enhanced if those countries are implementing 
actively and fully, consistent with any remaining applicable phase-in periods, their 
obligations under the World Trade Organization, including obligations under the 
Agreement on Trade-Related Aspects of In tellectual Property, the Agreement on the 
Application of Sanitary and Phytosanitary Measures, and the Agreement on Trade-Related Investment Measures, as well as the other agreements described in section 
101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d));  
(2) eligible sub-Saharan African countries should participate in and support mutual 
trade liberalization in ongoing negotiations under the auspices of the World Trade 
Organization, including by making reciprocal commitments with respect to improving 
market access for industrial and agricultural goods, and for services, recognizing that 
such commitments may need to reflect special and differential treatment for developing countries; 
(3) some of the most pernicious trade barriers against exports by developing countries 
are the trade barriers maintained by other developing countries; therefore, eligible 
sub-Saharan African countries will benefit from the reduction of trade barriers in other 
developing countries, especially in developing countries that represent some of the greatest potential markets for African goods and services; and 
(4) all countries should make sanitary and phytosanitary decisions on the basis of 
sound science. 
SEC. 5. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL 
PROVISIONS OF AGOA . 
It is the sense of the Congress that the executive branch, particularly the Committee for the 
Implementation of Textile Agreements (CITA), th e Bureau of Customs and Border Protection of 
the Department of Homeland Security, and the Department of Commerce, should interpret, 
implement, and enforce the provisions of sect ion 112 of the African Growth and Opportunity 
Act, relating to preferential treatment of textile and apparel articles, broadly in order to expand trade by maximizing opportunities for imports of such articles from eligible sub-
Saharan African countries. 
SEC. 6. DEFINITION. 
In this Act, the term `eligible sub-Saharan African country' means an eligible sub-Saharan 
African country under the African Growth and Opportunity Act. 
SEC. 7. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT. 
(a) Generalized System of Preferences- 
(1) Extension of program- Section 506B of the Trade Act of 1974 (19 U.S.C. 2466b) is 
amended by striking `2008' and inserting `2015'. 
(2) Inputs from former beneficiary countries- Section 506A of the Trade Act of 1974 
(19 U.S.C. 2466a) is amended-- 
(A) in subsection (b)(2)(B), by inserting `or former beneficiary sub-Saharan 
African countries' after `countries'; and 
(B) in subsection (c)-- 
(i) by striking `title, the terms' and inserting `title-- 
`(1) the terms'; and 
(ii) by adding at the end the following: 
`(2) the term `former beneficiary sub-Saharan African country' means a country that, 
after being designated as a beneficiary sub-Saharan African country under the African 
Growth and Opportunity Act, ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.'. G/C/W/713 
 
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  (b) Apparel Articles- (1) Section 112(b)(1) of the African Growth and Opportunity Act (19 
U.S.C. 3721(b)(1)) is amended by striking `(including' and inserting `or both (including'. 
(2) Section 112(b)(3) of the African Growth and Opportunity Act (19 U.S.C. 3721 (b)(3)) is 
amended-- 
(A) in the matter preceding subparagraph (A)--    
(i) by striking `either in the United States or one or more beneficiary sub-
Saharan African countries' each place it appears and inserting `in the United 
States or one or more beneficiary sub-Saharan African countries or former 
beneficiary sub-Saharan African countries, or both'; and 
(ii) by striking `subject to the following:' and inserting `whether or not the 
apparel articles are also made from any of the fabrics, fabric components 
formed, or components knit-to-shape described in paragraph (1) or (2) (unless the apparel articles are made exclusively from any of the fabrics, fabric 
components formed, or components knit-to-shape described in paragraph (1) 
or (2)), subject to the following:'; and 
(B) by striking subparagraphs (A) an d (B) and inserting the following: 
`(A) Limitations on benefits- 
`(i) In general- Preferential treatment under this paragraph shall be 
extended in the 1-year period beginning October 1, 2003, and in each of the 11 succeeding 1-year periods, to imports of apparel articles in 
an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are 
available. 
`(ii) Applicable percentage- For purposes of this subparagraph, the 
term `applicable percentage' means-- 
`(I) 4.747 percent for the 1-year period beginning October 1, 
2003, increased in each of the 5 succeeding 1-year periods by equal increments, so that for the 1-year period beginning 
October 1, 2007, the applicable percentage does not exceed 7 percent; and 
`(II) for each succeeding 1-year period until September 30, 
2015, not to exceed 7 percent. 
`(B) Special rule for lesser developed countries- 
`(i) In general- Preferential treatment under this paragraph shall be 
extended though September 30, 2007, for apparel articles wholly 
assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries, 
r e g a r d l e s s  o f  t h e  c o u n t r y  o f  o r i g i n  o f  t h e  f a b r i c  o r  t h e  y a r n  u s e d  t o  
make such articles, in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month 
period for which data are available. 
`(ii) Applicable percentage- For purposes of the subparagraph, the 
term `applicable percentage' means-- 
`(I) 2.3571 percent for the 1-year period beginning October 1, 
2003; 
`(II) 2.6428 percent for the 1-year period beginning October 
1, 2004; 
`(III) 2.9285 percent for the 1-year period beginning October 
1, 2005; and 
`(IV) 1.6071 percent for the 1-year period beginning October 
1, 2006. G/C/W/713 
 
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  `(iii) Lesser developed beneficiary sub-saharan african country- For 
purposes of this subparagraph, the term `lesser developed beneficiary 
sub-Saharan African country' means-- 
`(I) a beneficiary sub-Saharan African country that had a per 
capita gross national product of less than $1,500 in 1998, as 
measured by the International Bank for Reconstruction and 
Development; 
`(II) Botswana; and 
`(III) Namibia.'. 
(3) Section 112(b)(5)(A) of the African Growth  and Opportunity Act (19 U.S.C. 3721(b)(5)(A)) 
is amended to read as follows: 
`(A) In general- Apparel articles that are both cut (or knit-to-shape) and sewn 
or otherwise assembled in one or more beneficiary sub-Saharan African 
countries, to the extent that apparel articles of such fabrics or yarns would be 
eligible for preferential treatment, without regard to the source of the fabrics 
or yarns, under Annex 401 to the NAFTA.'. 
(c) Handloomed, Handmade, Folklore Articles and Ethnic Printed Fabrics- Section 112(b)(6) of 
the African Growth and Opportunity Act (19 U.S.C. 3721(b)(6)) is amended to read as follows: 
`(6) Handloomed, handmade, folklore articles and ethnic printed fabrics- 
`(A) In general- A handloomed, handmade, folklore article or an ethnic printed 
fabric of a beneficiary sub-Saharan African country or countries that is certified 
as such by the competent authority of such beneficiary country or countries. 
For purposes of this section, the President, after consultation with the beneficiary sub-Saharan African country or countries concerned, shall 
determine which, if any, particular textile and apparel goods of the country (or 
countries) shall be treated as being handloomed, handmade, or folklore articles or an ethic printed fabric. 
`(B) Requirements for ethnic printed fabric- Ethnic printed fabrics qualified 
under this paragraph are-- 
`(i) fabrics containing a selvedge on both edges, having a width of less 
than 50 inches, classifiable under subheading 5208.52.30 or 
5208.52.40 of the Harmonized Tariff Schedule of the United States; 
`(ii) of the type that contains designs, symbols, and other 
characteristics of African prints-- 
`(I) normally produced for and sold on the indigenous African 
market; and 
`(II) normally sold in Africa by  the piece as opposed to being 
tailored into garments before being sold in indigenous African 
markets;  
`(iii) printed, including waxed, in one or more eligible beneficiary sub-
Saharan countries; and 
`(iv) fabrics formed in the United States, from yarns formed in the 
United States, or from fabric form ed in one or more beneficiary sub-
Saharan African country from yarn originating in either the United States or one or more beneficiary sub-Saharan African countries.'. 
(d) Regional and U.S. Sources- Section 112(b)(7) of the African Growth and Opportunity Act 
(19 U.S.C. 3721(b)(7)) is amended by inserting `or former beneficiary sub-Saharan African 
countries' after `and one or more beneficiary sub-Saharan African countries' each place it appears. 
(e) Special Rules- 
(1) Certain components- Section 112(d) of the African Growth and Opportunity Act (19 
U.S.C. 3721(d)) is amended by adding at the end the following: 
`(3) Certain components- An article otherwise eligible for preferential treatment under 
this section will not be ineligible for such treatment because the article contains-- 
`(A) any collars or cuffs (cut or knit-to-shape), G/C/W/713 
 
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  `(B) drawstrings, 
`(C) shoulder pads or other padding, 
`(D) waistbands, `(E) belt attached to the article, `(F) straps containing elastic, or `(G) elbow patches, 
that do not meet the requirements set fo rth in subsection (b), regardless of the 
country of origin of the item referred to in the applicable subparagraph of this paragraph.'. 
(2) De minimis rule- Section 112(d)(2) of the African Growth and Opportunity Act (19 
U.S.C. 3721(d)(2)) is amended-- 
(A) by inserting `or former beneficiary sub-Saharan African countries' after 
`countries'; and 
(B) by striking `7 percent' and inserting `10 percent'. 
(f) Definitions- Section 112(e) of the African Growth and Opportunity Act (19 U.S.C. 3721(e)) 
is amended by adding at the end the following: 
`(4) Former sub-saharan african country- The term `former sub-Saharan African 
country' means a country that, after being designated as a beneficiary sub-Saharan 
African country under this Act, ceased to be designated as such a beneficiary sub-Saharan country by reason of its entering into a free trade agreement with the United States.'. 
SEC. 8. ENTRIES OF CERTAIN APPAREL ARTICLES PURSUANT TO THE AFRICAN GROWTH 
AND OPPORTUNITY ACT. 
(a) In General- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any 
other provision of law, the Secretary of the Trea sury shall liquidate or reliquidate as free of 
duty and free of any quantitative restrictions, limitations, or consultation levels entries of 
articles described in subsection (d) made on or after October 1, 2000, and before the date of 
the enactment of this Act. 
(b) Requests- Liquidation or reliquidation may be made under subsection (a) with respect to 
an entry described in subsection (d) only if a request therefor is filed with the Secretary of the 
Treasury within 90 days after the date of the enactment of this Act and the request contains 
sufficient information to enable the Secretary to locate the entry or reconstruct the entry if it 
cannot be located. 
(c) Payment of Amounts Owed- Any amounts owed  by the United States pursuant to the 
liquidation or reliquidation of any entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. 
(d) Entries- The entries referred to in subsection  (a) are entries of apparel articles that meet 
the requirements of section 112(b) of the Africa n Growth and Opportunity Act, as amended by 
section 3108 of the Trade Act of 2002 and this Act. 
SEC. 9. DEVELOPMENT STUDY AND CAPACITY BUILDING. 
(a) Reports- The President shall, by not later th an 1 year after the date of the enactment of 
this Act, conduct a study on each eligible sub-Saharan African country, that-- 
(1) identifies sectors of the economy of th at country with the greatest potential for 
growth, including through export sales; 
(2) identifies barriers, both domestically an d internationally, that are impeding growth 
in such sectors; and 
(3) makes recommendations on how the United States Government and the private 
sector can provide technical assistance to that country to assist in dismantling such barriers and in promoting investment in such sectors. 
(b) Dissemination of Information- The President shall disseminate information in each study 
conducted under subsection (a) to the appropriat e United States agencies for the purpose of 
implementing recommendations on the provision of technical assistance and in identifying opportunities for United States investors, businesses, and farmers. G/C/W/713 
 
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  SEC. 10. ACTIVITIES IN SUPPORT OF IN FRASTRUCTURE TO SUPPORT INCREASING 
TRADE CAPACITY AND ECOTOURISM. 
(a) Findings- The Congress finds the following: 
(1) Ecotourism, which consists of-- 
(A) responsible and sustainable travel an d visitation to relatively undisturbed 
natural areas in order to enjoy and appreciate nature (and any accompanying 
cultural features, both past and present) and animals, including species that are rare or endangered, 
(B) promotion of conservation and provision for beneficial involvement of local 
populations, and 
(C) visitation designed to have low negative impact upon the environment, 
is expected to expand 30 percent globally over the next decade. (2) Ecotourism will increase trade capacity by sustaining otherwise unsustainable 
infrastructure, such as road, port, water, energy, and telecommunication development. 
(3) According to the United States Department of State and the United Nations 
Environment Programme, sustainable tourism, such as ecotourism, can be an 
important part of the economic developmen t of a region, especially a region with 
natural and cultural protected areas. 
(4) Sub-Saharan Africa enjoys an international comparative advantage in ecotourism 
because it features extensive protected areas that host a variety of ecosystems and 
traditional cultures that are major attractions for nature-oriented tourism. 
(5) National parks and reserves in sub-Saharan Africa should be considered a basis for 
regional development, involving communities living within and adjacent to them and, 
given their strong international recognition, provide an advantage in ecotourism 
marketing and promotion. 
(6) Desert areas in sub-Saharan Africa represent complex ecotourism attractions, 
showcasing natural, geological, and archaeological features, and nomad and other cultures and traditions. 
(7) Many natural zones in sub-Saharan Africa cross the political borders of several 
countries; therefore, transboundary cooperation is fundamental for all types of 
ecotourism development. 
(8) The commercial viability of ecotourism is enhanced when small and medium 
enterprises, particularly microenterprises, successfully engage with the tourism industry in sub-Saharan Africa. 
(9) Adequate capacity building is an essential component of ecotourism development if 
local communities are to be real stakeholders that can sustain an equitable approach 
to ecotourism management. 
(10) Ecotourism needs to generate local community benefits by utilizing sub-Saharan 
Africa's natural heritage, parks, wildlife reserves, and other protected areas that can 
play a significant role in encouraging local economic development by sourcing food and other locally produced resources. 
(b) Action by the President- The President shall develop and implement policies to-- 
(1) encourage the development of infrastructu re projects that will help to increase 
trade capacity and a sustainable ecotourism industry in eligible sub-Saharan African countries;   
(2) encourage and facilitate transboundary cooperation among sub-Saharan African 
countries in order to  facilitate trade; 
(3) encourage the provision of technical assistance to eligible sub-Saharan African 
countries to establish and sustain adequate trade capacity development; and 
(4) encourage micro-, small-, and medium-sized enterprises in eligible sub-Saharan 
African countries to participate in the ecotourism industry. 
SEC. 11. ACTIVITIES IN SUPPORT OF TR ANSPORTATION, ENERGY, AGRICULTURE, AND 
TELECOMMUNICATIONS INFRASTRUCTURE. 
(a) Findings- The Congress finds the following: G/C/W/713 
 
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  (1) In order to increase exports from, and trade among, eligible sub-Saharan African 
countries, transportation systems in those countries must be improved to increase 
transport efficiencies and lower transport costs. 
(2) Vibrant economic growth requires a developed telecommunication and energy 
infrastructure. 
(3) Sub-Saharan Africa is rich in exportable agricultural goods, but development of this 
industry remains stymied because of an underdeveloped infrastructure. 
(b) Action by the President- In order to enhance trade with Africa and to bring the benefits of 
trade to African countries, the President shall develop and implement policies to encourage 
investment in eligible sub-Saharan African countries, particularly with respect to the following: 
(1) Infrastructure projects that support, in particular, development of land transport 
road and railroad networks and ports, and the continued upgrading and liberalization 
of the energy and telecommunications sectors. 
(2) The establishment and expansion of modern information and communication 
technologies and practices to improve the ability of citizens to research and 
disseminate information relating to, among other things, the economy, education, trade, health, agriculture, the environment, and the media. 
(3) Agriculture, particularly in processing and capacity enhancement. 
SEC. 12. FACILITATION OF TRANSPORTATION. 
In order to facilitate and increase trade flows between eligible sub-Saharan African countries 
and the United States, the President shall foster  improved port-to-port and airport-to-airport 
relationships. These relationships should facilitate-- 
(1) increased coordination between customs services at ports and airports in the 
United States and such countries in order to reduce time in transit; 
(2) interaction between customs and technical staff from ports and airports in the 
United States and such countries in order to increase efficiency and safety procedures and protocols relating to trade; 
(3) coordination between chambers of comme rce, freight forwarders, customs brokers, 
and others involved in consolidating and moving freight; and 
(4) trade through air service between airports in the United States and such countries 
by increasing frequency and capacity. 
 
SEC. 13. AGRICULTURAL TECHNICAL ASSISTANCE. 
(a) Identification of Countries- The President shall identify not fewer than 10 eligible sub-
Saharan African countries as having the greatest potential to increase marketable exports of 
agricultural products to the United States an d the greatest need for technical assistance, 
particularly with respect to pest risk assessments and complying with sanitary and 
phytosanitary rules of the United States. 
(b) Personnel- The President shall assign at least 20 full-time personnel for the purpose of 
providing assistance to the countries identified under subsection (a) to ensure that exports of 
agricultural products from those countries meet the requirements of United States law. 
SEC. 14. TRADE ADVISORY COMMITTEE ON AFRICA. 
The President shall convene the trade advisory committee on Africa established by Executive 
Order 11846 of March 27, 1975, under section 135(c) of the Trade Act of 1974, in order to facilitate the goals and objectives of the Africa n Growth and Opportunity Act and this Act, and 
to maintain ongoing discussions with African trade and agriculture ministries and private sector organizations on issues of mutual concern, including regional and international trade concerns 
and World Trade Organization issues. 
 G/C/W/713 
 
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  ANNEX I.C 
 
PUBLIC LAW 108-429 
 
Miscellaneous Trade and Technical Corrections Act of 2004 
 
Sec. 2004 
(j) RETROACTIVITY FOR CERTAIN AGOA PROVISIONS- 
(1) IN GENERAL- Section 8(d) of the AGOA Acceleration Act of 2004 (Public Law 108-
274) is amended by striking `section 112(b)' and inserting `section 112'. 
 (2) APPLICABILITY- 
(A) IN GENERAL- The amendment made by paragraph (1) shall take effect as if 
included in the enactment of section 8 of the AGOA Acceleration Act of 2004. 
(B) REQUESTS FOR RETROACTIVE APPLICATION- Section 8(b) of the AGOA 
Acceleration Act of 2004 shall be applied with respect to the amendment made by paragraph (1) by substituting `90 days  after the date of the enactment of 
the Miscellaneous Trade and Technical Corrections Act of 2004' for `90 days after the date of the enactment of this Act'. 
(k) MAURITIUS - 
(1) IN GENERAL- Section 112(b)(3)(B) of the African Growth and Opportunity Act (19 
U.S.C. 3271(b)(3)(B)) is amended by adding at the end the following new clause: 
`(iv) SEPARATE LIMITATION FOR MAURITIUS - For the 1-year period 
beginning October 1, 2004-- 
`(I) the term `lesser developed beneficiary sub-Saharan African country' includes Mauritius ; and 
`(II) the applicable percentage with respect to Mauritius shall 
be 5 percent of the applicable percentage described in clause (ii)(II).' G/C/W/713 
 
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  ANNEX I.D 
 
PUBLIC LAW 109-432 
 
TAX RELIEF AND HEALTH CARE ACT OF 2006 
 
 
SEC. 6001. SHORT TITLE. 
 This title may be referred to as the “Africa Investment Incentive Act of 2006”.  
SEC. 6002. PREFERENTIAL TREATMENT OF APPAREL PRODUCTS OF LESSER DEVELOPED 
COUNTRIES.  
(a)  In General.--Section 112 of the African Gr owth and Opportunity Act (19 U.S.C. 3721) is 
amended-- 
(1) by redesignating subsections (c) through (f) as subsections (d) through (g); 
            (2) in subsection (b)-- 
(A) in the matter preceding paragraph (1), by striking “The” an d inserting “Subject 
to subsection (c), the” ; and (B) by striking subparagraph (B) and redesignating subparagraph (C) as 
subparagraph (B); and 
(3) by inserting after subsection (b) the following new subsection: 
“(c) Lesser Developed Countries.-- 
“(1) Preferential treatment of products through September 30, 2012.-- 
“(A) Products covered.--In addition to the products described in subsection (b), 
and subject to paragraph (2), the preferential  treatment described in subsection (a) shall 
apply through September 30, 2012, to apparel articles wholly assembled, or knit-to-shape 
and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries, regardless of the country of origin of the fabric or the yarn used to make such articles, in an amount not to exceed the applicable percentage of the aggregate 
square meter equivalents of all apparel articles imported into the United States in the 
preceding 12-month period for which data are available. 
“(B) Applicable percentage.--For purposes of subparagraph (A), the term 
‘applicable percentage’ means-- 
“(i) 2.9285 percent for the 1-year period beginning on October 1, 2005; and” 
(ii) 3.5 percent for the 1-year period beginning on October 1, 2006, and 
each 1-year period thereafter through September 30, 2012.  
“(2) Special rules for products in commercial quantities in Africa.-- 
“(A) Petition process.--Upon a petition filed by an interested party (which may 
include a foreign manufacturer), the Commission shall determine whether a fabric or yarn produced in beneficiary sub-Saharan African countries is available in commercial quantities 
for use by lesser developed beneficiary sub-Saharan African countries. 
“(B) Effect of affirmative determination.-- 
“(i) Determination of quantity available.--If the Commission determines 
under subparagraph (A) that a fabric or yarn produced in beneficiary sub-Saharan 
African countries is available in ommercial quantities for use by lesser developed beneficiary sub-Saharan African countries, the Commission shall determine the q u a n t i t y  o f  t h e  f a b r i c  o r  y a r n  t h a t  w i l l  b e  s o  a v a i l a b l e  i n  l e s s e r  d e v e l o p e d  
beneficiary sub-Saharan African countries in the applicable 1-year period beginning 
after the determination is made. 
“(ii) Determinations.--In each case in which the Commission determines 
that a fabric or yarn is available in commercial quantities under subparagraph (A) 
for an applicable 1-year period, the Commission shall determine, before the end of that applicable 1-year period— G/C/W/713 
 
- 33 - 
 
  “(I) whether the fabric or yarn produced in beneficiary sub-
Saharan African countries will be available in commercial quantities in the succeeding applicable 1-year period; and “(II) if so, the quantity of the fabric or yarn that will be so available 
in that succeeding 1-year period, subject to clause (iii). 
(iii) Determination regarding imported articles.--After the end of each applicable 1-year period for which a determination under clause (i) is in 
effect, the Commission shall determine to what extent the quantity of the 
fabric or yarn determined under clause (i) to be available in commercial quantities for use by lesser developed beneficiary sub-Saharan African countries was used in the production of apparel articles receiving 
preferential treatment under paragraph (1) that were entered in that 
applicable 1-year period. To the extent that the quantity so determined was not so used, then the Commission shall add to the quantity of that 
fabric or yarn determined to be available in the next applicable 1-year 
period the quantity not so used in the preceding applicable 1-year period. 
“(C) Denim.--Denim articles provided for in subheading 5209.42.00 of the 
Harmonized Tariff Schedule of the United States shall be deemed to have been determined 
to be in abundant supply under subparagra ph (A) in an amount of 30,000,000 square 
meter equivalents for the 1-year pe riod beginning October 1, 2006. 
“(D) Presidential authority to restrict imports.— 
“(i) In general.--Subject to clause (ii), the President may by proclamation 
provide that apparel articles otherwis e eligible for preferential treatment 
under paragraph (1) that contain a fabric or yarn determined to be 
available in commercial quantities under subparagraph (A) may not receive 
such preferential treatment in an applicable 1-year period unless-- 
“(I) the fabric or yarn in such articles was produced in 1 or more 
beneficiary sub-Saharan African countries; or 
“(II) the Commission has determined that the quantity of the fabric or yarn determined under subparagraph (B) (or (C), as the case may be) to be available in lesser developed beneficiary sub-
Saharan African countries for that applicable 1-year period has 
already been used in the production of apparel articles receiving preferential treatment under paragraph (1) that were entered in 
that applicable 1-year period. 
“(ii) Mandatory restriction.--If a fabric or yarn is determined to be available 
in commercial quantities under subparagraph (A) in an applicable 1-year period, 
and for 2 consecutive applicable 1-year periods the quantities determined to be so 
available are not used in the production of  apparel articles receiving preferential 
treatment under paragraph (1) that were en tered during those 2 applicable 1-year 
periods, then beginning in the succeeding applicable 1-year period, apparel  
articles containing that fabric or yarn ar e ineligible for preferential treatment under 
paragraph (1) in any succeeding applicable 1-year  period unless the Commission has determined that the quantity of the fabric or yarn determined under 
subparagraph (B) (or (C), as the case may be) to be available in lesser developed 
beneficiary sub-Saharan African countries for that  applicable 1-year period has already been used in the production of apparel articles receiving preferential 
treatment under paragraph (1) that were en tered in that applicable 1-year period. 
 
“(E) Procedures.--The Commission shall use the procedures prescribed in subsection (b)(3)(C)(iv) for the Secretary of Commerce in making determinations 
under this paragraph. 
 
“(3) Removal of designation of fabrics or yarns not available in commercial quantities.--If 
the President determines that-- 
“(A) any fabric or yarn described in paragraph (2)(A) was determined to be eligible for preferential treatment, or 
“(B) any fabric or yarn described in para graph (2)(B) was designated as not being 
available in commercial quantities, on the basis of fraud, the President may remove the eligibility or designation (as the case may be) of that fabric or yarn with respect to articles entered after such removal. G/C/W/713 
 
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  “(4) Applicability of other provisions.--Subsection (b)(3)(C) applies to apparel articles 
eligible for preferential treatment under this subsection to the same extent as that subsection applies to apparel articles eligible for preferential treatment under subsection (b)(3). 
“(5) Definitions.--In this subsection: 
“(A) Applicable 1-year period.--The term ‘applicable 1-year period’ means each of 
the 12-month periods beginning on October 1 of each year and ending on September 30 of the following year. 
“(B) Commission.--The term ‘Commission’ means the United States International 
Trade Commission. “(C) Enter; entry.--The terms `enter' and `en try' refer to the entry, or withdrawal 
from warehouse for consumption, in the customs territory of the United States. 
“(D) Lesser developed beneficiary sub-Sa haran African country.--The term ‘lesser 
developed beneficiary sub-Saharan African country’ means— 
“(i) a beneficiary sub-Saharan African country that had a per capita gross 
national product of less than $1,500 in 1998, as measured by the 
International Bank for Reconstruction and Development; “(ii) Botswana; and 
“(iii) Namibia.”. 
 (b) Additional Preferential Treatment.--Section 112(b) of the African Growth and Opportunity Act 
(19 U.S.C. 3721(b)) is amended by adding at the end the following new paragraph: 
 
“(8) Textile articles originating entirely in one or more lesser developed beneficiary sub-
saharan african countries.—Textile and textile articles classifiable under chapters 50 through 60 or 
chapter 63 of the Harmonized Tariff Schedule of the United States that are products of a lesser 
developed beneficiary sub-Saharan African country and are wholly formed in one or more such countries from fibers, yarns, fabrics, fabric components, or components knit-to-shape that are the 
product of one or more such countries.”. 
 (c) Technical Amendment.--Section 112(e)(3) of the African Growth and Opportunity Act (as redesignated by subsection (a)(1) of this section) is amended by striking ``subsection (b)'' and 
inserting “subsections (b) and (c)”. 
 SEC. 6003. TECHNICAL CORRECTIONS. 
 
Section 112 of the African Growth and Opportunity  Act (19 U.S.C. 3721) is amended as follows: 
 
(1) Subsection (b)(5) is amended by adding at the end the following new subparagraph: 
 “(C) Removal of designation of fabrics or yarns not available in commercial quantities.-- If the President determines that any fabric or yarn was determined to be eligible for preferential treatment under subparagraph (A) on the basis of fraud, the President is authorized to remove 
that designation from that fabric or yarn with respect to articles entered after such removal.”. 
 (2) Subsection (f), as redesignated by section 6002(a)(1), is amended by adding at the end the 
following: 
“(5) Enter; entered.--The terms ‘enter’ and ‘ent ered’ refer to the entry, or withdrawal from 
warehouse for consumption, in the customs territory of the United States.”. 
 
SEC. 6004. EFFECTIVE DATE FOR AGOA.  Subsection (g) of section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721), as 
redesignated by section 6002(a)(1), is amen ded by striking “2008” and inserting “2015”. G/C/W/713 
 
- 35 - 
 
   
ANNEX I.E 
 
PUBLIC LAW 110-436 
 
Andean Trade Preference Extension Act  
SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT. 
 (a) IN GENERAL.—Section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721) is amended— 
 
(1) in subsection (b)(6)(A), by striking “ethic” in the second sentence and inserting “ethnic”; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking “, and subject to paragraph (2),”; (B) by striking paragraphs (2) and (3); 
(C) in paragraph (4)— 
(i) by striking “Subsection (b)(3)(C)” and inserting “Subsection (b)(3)(B)”; and (ii) by redesignating such paragraph (4) as paragraph (2); and 
(D) by striking paragraph (5) and inserting the following: 
 “(3) DEFINITION.—In this subsection, the term ‘lesser developed beneficiary sub-
Saharan African country’ means— 
   “(A) a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for 
Reconstruction and Development; 
   “(B) Botswana;    “(C) Namibia; and    “(D) Mauritius.”. 
(b) APPLICABILITY.—The amendments made by subsection (a) apply to goods 
entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. 
(c) REVIEW AND REPORTS.— 
 (1) ITC REVIEW AND REPORT.— 
(A) REVIEW.—The United States International Trade Commission 
shall conduct a review to identify yarns, fabrics, and other textile and 
apparel inputs that through new or increased investment or other measures can be produced competitively in beneficiary sub-Saharan African countries. 
(B) REPORT.—Not later than 7 months after the date of the 
enactment of this Act, the United States International Trade Commission shall submit to the appropriate congressional committees and the 
Comptroller General a report on the results of the review carried out under 
subparagraph (A). 
 
(2) GAO REPORT.—Not later than 90 days after the submission of the 
report under paragraph (1)(B), the Comp troller General shall submit to the 
appropriate congressional committees a report that, based on the results of the report submitted under paragraph (1)(B) and other available 
information, contains recommendations for changes to United States trade 
preference programs, including the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) and the amendments made by that Act, to provide 
incentives to increase investment and other measures necessary to 
improve the competitiveness of beneficiary sub-Saharan African countries in the production of yarns, fabrics, and other textile and apparel inputs 
identified in the report submitted under paragraph (1)(B), including 
changes to requirements relating to rules of origin under such programs. G/C/W/713 
 
- 36 - 
 
   
(3) DEFINITIONS.—In this subsection—(A) the term “appropriate congressional committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the 
Senate; and (B) the term “beneficiary sub-Saharan African countries” has 
the meaning given the term in section 506A(c) of the Trade Act of 1974 (19 U.S.C. 2466a(c)). 
 
(d) CLERICAL AMENDMENT.—Section 6002(a)(2)(B) of Public Law 109–432 is amended by striking “(B) by striking” and inserting “(B) in paragraph (3), by striking”. G/C/W/713 
 
- 37 - 
 
  ANNEX I.F 
 
PUBLIC LAW 112-163 
 
African Growth and Opportunity Amendments 
 
SECTION 1. AMENDMENTS TO AFRICAN GROWTH AND OPPORTUNITY ACT. 
 
(a) Extension of Third-Country Fabric Program.--Section 112(c)(1) of the African Growth and 
Opportunity Act (19 U.S.C. 3721(c)(1)) is amended— 
 (1) in the paragraph heading, by striking “2012” and inserting “2015”; 
 (2) in subparagraph (A), by striking ``2012'' and inserting “2015”; and 
 (3) in subparagraph (B)(ii), by striking “2012” and inserting “2015”. 
 
(b) Addition of South Sudan.--Section 107 of that Act (19 U.S.C. 3706) is amended by inserting 
after “Republic of South Africa (South Africa).” the following: 
 “Republic of South Sudan (South Sudan).” 
 
(c) Conforming Amendment.--Section 102(2) of that Act (19 U.S.C. 3701(2)) is amended by 
striking “48”. 
 
(d) Effective Date.--The amendments made by this  section shall take effect on the date of the 
enactment of this Act. 
 G/C/W/713 
 
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  ANNEX I.G 
 
PUBLIC LAW 114-27 
 
Trade Preferences Extension Act of 2015 
 TITLE I--EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT 
 
SEC. 101. SHORT TITLE.  This title may be cited as the “AGOA Extension and Enhancement Act of 2015”. 
 
SEC. 102. FINDINGS.  
Congress finds the following: 
 
(1) Since its enactment, the African Growth and Opportunity Act has been the centerpiece 
of trade relations between the United States an d sub-Saharan Africa and has enhanced trade, 
investment, job creation, and democratic institutions throughout Africa. 
(2) Trade and investment, as facilitated by the African Growth and Opportunity Act, 
promote economic growth, development, poverty reduction, democracy, the rule of law, and 
stability in sub-Saharan Africa. 
(3) Trade between the United States and sub-Saharan Africa has more than tripled since 
the enactment of the African Growth and Opport unity Act in 2000, and United States direct 
investment in sub-Saharan Africa has grown almost sixfold. 
(4) It is in the interest of the United States  to engage and compete in emerging markets in 
sub-Saharan African countries, to boost trade and investment between the United States and sub-
Saharan African countries, and to renew and strengthen the African Growth and Opportunity Act. 
(5) The long-term economic security of the United States is enhanced by strong economic 
and political ties with the fastest-growing economies in the world, many of which are in sub-Saharan Africa. 
(6) It is a goal of the United States to further integrate sub-Saharan African countries into 
the global economy, stimulate economic developmen t in Africa, and diversify sources of growth in 
sub-Saharan Africa. 
(7) To that end, implementation of the Agr eement on Trade Facilitation of the World Trade 
Organization would strengthen regional integration efforts in sub-Saharan Africa and contribute to economic growth in the region. 
(8) The elimination of barriers to trade and investment in sub-Saharan Africa, including 
high tariffs, forced localization requirements, restrictions on investment, and customs barriers, will create opportunities for workers, businesses, farm ers, and ranchers in the United States and sub-
Saharan African countries. 
(9) The elimination of such barriers will improve utilization of the African Growth and 
Opportunity Act and strengthen regional and global  integration, accelerate economic growth in 
sub-Saharan Africa, and enhance the trade relationship between the United States and sub-
Saharan Africa. 
 SEC. 103. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT. 
 
(a) In General.--Section 506B of the Trade Act of  1974 (19 U.S.C. 2466b) is amended by striking 
“September 30, 2015” and inserting “September 30, 2025”. (b) African Growth and Opportunity Act.-- 
(1) In general.--Section 112(g) of the African Growth and Opportunity Act (19 U.S.C. 
3721(g)) is amended by striking “September 30, 2015” and inserting “September 30, 2025”. 
(2) Extension of regional apparel article pr ogram.--Section 112(b)(3)(A) of the African 
Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(A)) is amended— 
  (A) in clause (i), by striking ``11 succeeding'' and inserting ``21 succeeding''; and 
(B) in clause (ii)(II), by striking ``September 30, 2015'' and inserting 
``September 30, 2025''. G/C/W/713 
 
- 39 - 
 
  (3) Extension of third-country fabric program.--Section 112(c)(1) of the African Growth 
and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended— 
 (A) in the paragraph heading, by striking “September 30, 2015” and inserting 
“September 30, 2025”; 
(B) in subparagraph (A), by striking “September 30, 2015” and inserting 
“September 30, 2025”; and 
(C) in subparagraph (B)(ii), by striking “September 30, 2015” and inserting 
“September 30, 2025”. 
 SEC. 104. MODIFICATIONS OF RULES OF ORIGIN FOR DUTY-FREE TREATMENT FOR ARTICLES OF BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES UNDER GENERALIZED SYSTEM OF 
PREFERENCES. 
 (a) In General.--Section 506A(b)(2) of the Trade Act of 1974 (19 U.S.C. 2466a(b)(2)) is 
amended— 
 (1) in subparagraph (A), by striking “and” at the end; 
(2) in subparagraph (B), by striking the period at the end and inserting “; and”; and 
(3) by adding at the end the following: 
“(C) the direct costs of processing operations performed in one or more such beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries shall be applied in determining such percentage.”. 
 
(b) Applicability to Articles Receiving Duty-Fr ee Treatment Under Title V of Trade Act of 1974.--
Section 506A(b) of the Trade Act of 1974 (19 U.S.C.  2466a(b)) is amended by adding at the end 
the following: 
 
“(3) Rules of origin under this title.--The exceptions set forth in subparagraphs (A), (B), 
and (C) of paragraph (2) shall also apply to any article described in section 503(a)(1) that 
is the growth, product, or manufacture of a beneficiary sub-Saharan African country for purposes of any determination to provide duty-free treatment with respect to such article.”. 
 
(c) Modifications to the Harmonized Tariff Schedule.--The President may proclaim such modifications as may be necessary to the Harmonized Tariff Schedule of the United States (HTS) 
to add the special tariff treatment symbol ``D'' in the ``Special'' subcolumn of the HTS for each 
article classified under a heading or subheading with the special tariff treatment symbol “A” or 
“A*” in the “Special” subcolumn of the HTS. 
 
(d) Effective Date.--The amendments made by subsections (a) and (b) take effect on the date of the enactment of this Act and apply with respect to any article described in section 503(b)(1)(B) through (G) of the Trade Act of 1974 that is the gr owth, product, or manufacture of a beneficiary 
sub-Saharan African country and that is imported into the customs territory of the United States 
on or after the date that is 30 days after such date of enactment.  
SEC. 105. MONITORING AND REVIEW OF ELIGIBILITY UNDER GENERALIZED SYSTEM OF 
PREFERENCES.  
(a) Continuing Compliance.--Section 506A(a)(3) of the Trade Act of 1974 (19 U.S.C. 2466a(a)(3)) 
is amended—   (1) by striking “If the President” and inserting the following: 
  “(A) In general.--If the President”; and 
(2) by adding at the end the following:  “(B) Notification.--The President may not terminate the designation of a country as a 
beneficiary sub-Saharan African country under subp aragraph (A) unless, at least 60 days before 
the termination of such designation, the President notifies Congress and notifies the country of the 
President's intention to terminate such designation, together with the considerations entering into 
the decision to terminate such designation.”. 
 (b) Withdrawal, Suspension, or Limitation of Pref erential Tariff Treatment.--Section 506A of the 
Trade Act of 1974 (19 U.S.C. 2466a) is amended— 
 (1) by redesignating subsection (c) as subsection (d); and G/C/W/713 
 
- 40 - 
 
  (2) by inserting after subsection (b) the following: 
 “(c) Withdrawal, Suspension, or Limitati on of Preferential Tariff Treatment.— 
(1) In general.--The President may withdraw, suspend, or limit the application of duty-free treatment provided for any article described in 
subsection (b)(1) of this section or section 112 of the African Growth and 
Opportunity Act with respect to a beneficiary sub-Saharan African country if the President determines that withdrawing, suspending, or limiting such 
duty-free treatment would be more effective in promoting compliance by 
the country with the requirements described in subsection (a)(1) than terminating the designation of the country as a beneficiary sub-Saharan African country for purposes of this section. 
 
“(2) Notification.--The President may not withdraw, suspend, or limit the application of duty-free treatment under paragraph (1) unless, at least 60 
days before such withdrawal, suspen sion, or limitation, the President 
notifies Congress and notifies the country of the President's intention to withdraw, suspend, or limit such duty -free treatment, together with the 
considerations entering into the decision to terminate such designation.”. 
 (c) Review and Public Comments on Eligibility Requirements.—Section 506A of the Trade Act of 1974 (19 U.S.C. 2466a), as so amended, is further amended-- 
 
(1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: 
“(d) Review and Public Comments on Eligibility Requirements.-- 
“(1) In general.--In carrying out subsection (a)(2), the President shall 
publish annually in the Federal Register a notice of review and request for public 
comments on whether beneficiary sub-Saharan African countries are meeting the 
eligibility requirements set forth in section 104 of the African Growth and Opportunity Act and the eligibility criteria set forth in section 502 of this Act. 
“(2) Public hearing.--The United States Trade Representative shall, not 
later than 30 days after the date on which the President publishes the notice of 
review and request for public comments under paragraph (1)— 
“(A) hold a public hearing on such review and request for public 
comments; and 
“(B) publish in the Federal Register, before such hearing is held, notice of— 
“(i) the time and place of such hearing; and 
“(ii) the time and place at which such public comments will be accepted. 
   “(3) Petition process.— 
“(A) In general.--Not later than 60 days after the date of the 
enactment of this subsection, the President shall establish a process to allow any interested person, at any time, to file a 
petition with the Office of the United States Trade Representative 
with respect to the compliance of any country listed in section 107 of the African Growth and Opportunity Act with the eligibility 
requirements set forth in section 104 of such Act and the eligibility 
criteria set forth in section 502 of this Act. “(B) Use of petitions.--The President shall take into account all petitions filed pursuant to subparagraph (A) in making 
determinations of compliance under subsections (a)(3)(A) and (c) 
and in preparing any reports required by this title as such reports apply with respect to beneficiary sub-Saharan African countries. 
   “(4) Out-of-cycle reviews.— 
“(A) In general.--The President may, at any time, initiate an out-of-cycle review of whether a beneficiary sub-Saharan African 
country is making continual progress in meeting the requirements 
described in paragraph (1). The President shall give due consideration to petitions received under paragraph (3) in determining whether to initiate an out-of-cycle review under this 
subparagraph. G/C/W/713 
 
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  “(B) Congressional notification.--Before initiating an out-of-cycle 
review under subparagraph (A), the President shall notify and consult with Congress. “(C) Consequences of review.--If, pursuant to an out-of-cycle 
review conducted under subparagraph (A), the President 
determines that a beneficiary sub-Saharan African country does not meet the requirements set forth in section 104(a) of the 
African Growth and Opportunity Act (19 U.S.C. 3703(a)), the 
President shall, subject to the requirements of subsections (a)(3)(B) and (c)(2), terminate the designation of the country as a beneficiary sub-Saharan African country or withdraw, suspend, or 
limit the application of duty-free treatment with respect to articles 
from the country. (D) Reports.--After each out-of-cycle review conducted under 
subparagraph (A) with respect to a country, the President shall 
submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a 
report on the review and any determination of the President to 
terminate the designation of the country as a beneficiary sub-Saharan African country or withdraw, suspend, or limit the application of duty-free treatment with respect to articles from the 
country under subparagraph (C). 
“(E) Initiation of out-of-cycle reviews for certain countries.--Recognizing that concerns have been raised about the compliance 
with section 104(a) of the African Growth and Opportunity Act (19 
U.S.C. 3703(a)) of some beneficiary sub-Saharan African countries, the President shall initiate an out-of-cycle review under 
subparagraph (A) with respect to South Africa, the most developed 
of the beneficiary sub-Saharan African countries, and other beneficiary countries as appropriate, not later than 30 days after the date of the enactment of th e Trade Preferences Extension Act 
of 2015.”. 
 SEC. 106. PROMOTION OF THE ROLE OF WOMEN IN SOCIAL AND ECONOMIC DEVELOPMENT IN 
SUB-SAHARAN AFRICA. 
 (a) Statement of Policy.--Section 103 of the African Growth and Opportuntity Act (19 U.S.C. 3702) 
is amended— 
 (1) in paragraph (8), by striking “; and” and inserting a semicolon; 
(2) in paragraph (9), by striking the period and inserting “; and”; and (3) by adding at the end the following: 
“(10) promoting the role of women in social, political, and economic development 
in sub-Saharan Africa.”. 
(b) Eligibility Requirements.--Section 104(a)(1)(A) of the African Growth and Opportunity Act (19 
U.S.C. 3703(a)(1)(A)) is amended by inserting “for men and women” after “rights”. 
 SEC. 107. BIENNIAL AGOA UTILIZATION STRATEGIES. 
 
(a) In General.--It is the sense of Congress that— 
(1) beneficiary sub-Saharan African countries should develop utilization strategies on a biennial basis in order to more effectively and strategically utilize benefits available under 
the African Growth and Opportunity Act (in this section referred to as “AGOA utilization 
strategies”); (2) United States trade capacity building agencies should work with, and provide 
appropriate resources to, such sub-Saharan African countries to assist in developing and 
implementing biennial AGOA utilization strategies; and (3) as appropriate, and to encourage greater regional integration, the United States Trade 
Representative should consider requesting the Regional Economic Communities to prepare 
biennial AGOA utilization strategies. 
(b) Contents.--It is further the sense of Congress that biennial AGOA utilization strategies should identify strategic needs and priorities to bolster utilization of benefits available under the African 
Growth and Opportunity Act. To that end, biennial AGOA utilization strategies should— G/C/W/713 
 
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  (1) review potential exports under the Africa n Growth and Opportunity Act and identify 
opportunities and obstacles to increased trade and investment and enhanced poverty reduction efforts; (2) identify obstacles to regional integration that inhibit utilization of benefits under the 
African Growth and Opportunity Act; 
(3) set out a plan to take advantage of oppo rtunities and address obstacles identified in 
paragraphs (1) and (2), improve awareness of  the African Growth and Opportunity Act as 
a program that enhances exports to the United States, and utilize United States Agency for 
International Development regional trade hubs; (4) set out a strategy to promote small business and entrepreneurship; and (5) eliminate obstacles to regional trade and promote greater utilization of benefits under 
the African Growth and Opportunity Act and establish a plan to promote full regional 
implementation of the Agreement on Trade Facilitation of the World Trade Organization. 
(c) Publication.--It is further the sense of Congress that-- 
(1) each beneficiary sub-Saharan African country should publish on an appropriate Internet 
website of such country public versions of its AGOA utilization strategy; and (2) the United States Trade Representative should publish on the Internet website of the Office of 
the United States Trade Representative public vers ions of all AGOA utilization strategies described 
in paragraph (1).  SEC. 108. DEEPENING AND EXPANDING TRADE AND INVESTMENT TIES BETWEEN  
              SUB-SAHARAN AFRICA AND THE UNITED STATES. 
 It is the policy of the United States to continue to— 
 
(1) seek to deepen and expand trade and investment ties between sub-Saharan Africa and the United States, including through the negotiation of accession by sub-Saharan African countries to 
the World Trade Organization and the negotiation of trade and investment framework agreements, 
bilateral investment treaties, and free trade agreements, as such agreements have the potential to catalyze greater trade and investment, facilitate additional investment in sub-Saharan Africa, further poverty reduction efforts, and promote economic growth; 
 
(2) seek to negotiate agreements with individual sub-Saharan African countries as well as with the Regional Economic Communities, as appropriate; 
 
(3) promote full implementation of commitments  made under the WTO Agreement (as such term 
is defined in section 2(9) of the Uruguay Round Agreements Act (19 U.S.C. 3501(9)) because such 
actions are likely to improve utilization of the African Growth and Opportunity Act and promote 
trade and investment and because regular review to ensure continued compliance helps to maximize the benefits of the African Growth and Opportunity Act; and  
(4) promote the negotiation of trade agreements th at cover substantially all trade between parties 
to such agreements and, if other countries seek to negotiate trade agreements that do not cover substantially all trade, continue to object in all appropriate forums. 
 
SEC. 109. AGRICULTURAL TECHNICAL ASSISTANCE FOR SUB-SAHARAN AFRICA. 
 
Section 13 of the AGOA Acceleration Act of 2004 (19 U.S.C. 3701 note) is amended-- 
(1) in subsection (a)-- 
(A) by striking “shall identify not fewer than 10 eligible sub-Saharan African countries as having the greatest” and inserting “, through the Secretary of Agriculture, shall identify 
eligible sub-Saharan African countries that have”; and 
(B) by striking “and complying with sanitary and phytosanitary rules of the United States” and inserting “, complying with sanitary and phytosanitary rules of the United States, and 
developing food safety standards”; 
(2) in subsection (b)-- 
(A) by striking “20” and inserting “30”; and 
(B) by inserting after “from those countries” the following: “, particularly from businesses 
and sectors that engage women farmers and entrepreneurs,”; and 
(3) by adding at the end the following: G/C/W/713 
 
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  (c) Coordination.--The President shall take such measures as are necessary to ensure 
adequate coordination of similar activities of agencies of the United States Government relating to agricultural technical assistance for sub-Saharan Africa.”. 
 
SEC. 110. REPORTS. 
 (a) Implementation Report.-- 
(1) In general.--Not later than 1 year after the date of the enactment of this Act, and biennially 
thereafter, the President shall submit to Congress a report on the trade and investment relationship between the United States and sub-Saharan African countries and on the implementation of this title and the amendments made by this title. 
(2) Matters to be included.--The report required by paragraph (1) shall include the following: 
(A) A description of the status of trade and investment between the United States and sub-
Saharan Africa, including information on leading exports to the United States from sub-Saharan 
African countries. 
(B) Any changes in eligibility of sub-Saharan African countries during the period covered by the report. 
(C) A detailed analysis of whether each such beneficiary sub-Saharan African country is continuing 
to meet the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act and the eligibility criteria set forth in section 502 of the Trade Act of 1974. (D) A description of the status of regional integration efforts in sub-Saharan Africa. 
(E) A summary of United States trade capacity building efforts. 
(F) Any other initiatives related to enhancing the trade and investment relationship between the United States and sub-Saharan African countries. 
 
(b) Potential Trade Agreements Report.--Not later than 1 year after the date of the enactment of 
this Act, and every 5 years thereafter, the United  States Trade Representative shall submit to 
Congress a report that-- 
(1) identifies sub-Saharan African countries that have a expressed an interest in entering into a free trade agreement with the United States; (2) evaluates the viability and progress of such sub-Saharan African countries and other sub-
Saharan African countries toward entering into a free trade agreement with the United States; and 
(3) describes a plan for negotiating and concluding such agreements, which includes the elements described in subparagraphs (A) through (E) of  section 116(b)(2) of the African Growth and 
Opportunity Act. 
(c) Termination.--The reporting requirements of this section shall cease to have any force or effect after September 30, 2025. 
 
SEC. 111. TECHNICAL AMENDMENTS.  Section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703), as amended by section 
106, is further amended— 
 (1) in subsection (a), by striking “(a) In General.—“; and 
(2) by striking subsection (b). 
 SEC. 112. DEFINITIONS. 
 
In this title: (1) Beneficiary Sub-Saharan African country.--The term “beneficiary sub-Saharan African country” 
means a beneficiary sub-Saharan African country described in subsection (e) of section 506A of 
the Trade Act of 1974 (as redesignated by this Act). 
(2) Sub-Saharan African country.--The term “sub-Saharan African country” has the meaning given the term in section 107 of the African Growth and Opportunity Act . 
 
 
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