. /.   WORLD TRADE  
ORGANIZATION  G/C/W/542 
1 March 2006 
 
 (06-0870) 
Council for Trade in Goods  
  
 
UNITED STATES – AFRICAN GROWTH AND OPPORTUNITY ACT   
 
Draft Decision of ....2006
1 
 
 
 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 "W TO Agreement"), the Guiding Principles to be 
followed in considering applications for waiver s adopted on 1 November 1956 (BISD 5S/25), and the 
Understanding in Respect to Waivers of Obliga tions 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 
Marrakesh Agreement Establishing the World Trade Organization (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 Tariffs and Trade 1994 (GATT 1994)  through 30 September 2015, to the extent 
necessary to permit it to provide duty-free treatment to eligible products originating in beneficiary 
sub-Saharan African countries (“beneficiary countri es”) designated pursuant to the African Growth 
and Opportunity Act (AGOA).   
Bearing in mind  the Ministerial Decision on Measures in Favour of Least-Developed 
Countries, adopted in Marrakesh on 15 April 1994;  
Considering  the exceptional situation of the beneficiary 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 more fully in the global economy; 
 
Considering  further that the preferential treatment provided under the AGOA is designed to 
promote the expansion of trade and economic de velopment of beneficiary countries in a manner 
consistent with the objectives expressed in paragr aphs 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; 
 
                                                     
 
1 Adopted in accordance with th e Decision-Making Procedures under Article IX of the WTO 
Agreement agreed by the General Council in November 1995 (WT/L/93). G/C/W/542 
Page 2  
 
  Noting  the assurances given by the United States that it 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; 
 Decides,  in view of these exceptional circumstances, as follows  : 
 
 1. Subject to the terms and conditions set  out hereunder, paragr aph 1 of Article and 
paragraphs 1 and 2 of Article XIII shall be waived through 30 September 2015, to the extent 
necessary to permit the United States to provide duty-fr ee 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 preferential treatment provided under the AGOA . 
  3. The United States shall promptly notify the General Council of any change in the 
designation of beneficiary countries, as well as any cha nge that would affect the eligibility of products 
for the preferential treatment provided under the AGOA.    4. 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 accrui ng 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.     5. This Decision does not affect Members’  rights as set forth in the Understanding in 
Respect of Waivers of Obligations under the GATT 1994.  
 
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