WT/L/970  
 
2 December 2015  
(15-6359)  Page: 1/2  
General Council    
 
UNITED STATES – AFRICAN GROWTH AND OPPORTUNITY ACT 
DECISION OF 30 NOVEMBER 2015 
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; 
 WT/L/970 
 
- 2 - 
 
  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.  
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. 
 
__________