. /.   WORLD TRADE  
ORGANIZATION  G/C/W/612 
11 March 2009 
 
 (09-1227) 
Council for Trade in Goods  
  
 
UNITED STATES – AFRICAN GROWTH AND OPPORTUNITY ACT   
 
Draft Decision of ....2009
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 
WTO Agreement, for a waiver of its obligations unde r 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 beneficiar y 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 and More Favourable Treatment, 
Reciprocity and Fuller Participation of Devel oping Countries and the 1994 Decision on Measures in 
Favour of Least-Developed Countries;  
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/612 
Page 2  
 
  Considering,  moreover, that the duty-free treatment provided under AGOA should not 
prejudice the interests of other Members not benef iting from such 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 originatin g in Members who are not beneficiary countries; 
 
Considering that the duty-free treatment provided under AGOA by the United States shall not 
constitute an impediment to the reduction or elimina tion 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 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 here under, paragraph 1 of Artic le I 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-free treatment to eligible products originating in beneficiary 
countries designated pursuant to the AGOA.  2. The United States shall submit to the Genera l Council an annual report on the implementation 
of the trade-related provisions of the AGOA with a vi ew to facilitating the annual review provided for 
in paragraph 4 of Article IX of the WTO Agreem ent.  The United States shall promptly notify the 
General Council of any trade-related measures take n 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 them with all the information 
they 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. 
 3 Such duty-free treatment shall be designed to f acilitate and promote the trade of beneficiary 
countries and not to raise barriers to or create undue difficulties for the trade of any other Members.  
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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