U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–011 2009

110th Congress, 2d Session – – – – – – – – – – – – House Document 110–159 

TO TAKE CERTAIN ACTIONS UNDER THE AFRICAN 

GROWTH AND OPPORTUNITY ACT AND THE GENERALIZED SYSTEM OF PREFERENCES 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A PROCLAMATION TO TAKE CERTAIN ACTIONS UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT AND THE GENERALIZED 

SYSTEM OF PREFERENCES, PURSUANT TO SECTION 502(f)(1)(A) 

OF THE TRADE ACT OF 1974 

JANUARY 3, 2009.—Message and accompanying papers referred to the 

Committee on Ways and Means and ordered to be printed 


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THE WHITE HOUSE

Washington, December 19, 2008. 

Hon. NANCY PELOSI, 

Speaker of the House of Representation, 

Washington, DC. 

DEAR MADAM SPEAKER: In accordance with section 502(f)(1)(A) of 

the Trade Act of 1974, as amended (the ‘‘1974 Act’’), I am notifying 

the Congress of my intent to add the Republic of Kosovo (Kosovo) 

and the Republic of Azerbaijan (Azerbijan) to the list of beneficiary 

developing countries under the Generalized System of Preferences 

(GSP) program. 

In proclamation 8272 of June 30, 2008, I designated Serbia as a 

beneficiary developing country for purposes of the GSP program. 

On February 17, 2008, Kosovo declared its independence from Serbia. Pursuant to section 502 of the 1974 Act, and having considered 

the factors set forth in sections 501 and 502(c) of the 1974 Act, and 

in light of Kosovo’s independence from Serbia, I have determined 

that Kosovo should be designated as a separate GSP beneficiary 

developing country. 

In addition, having considered the factors set forth in sections 

501 and 502(c) of the 1974 Act, I have determined that Azerbaijan 

should be designated as a beneficiary developing country for purposes of the GSP program. 

Sincerely, 

GEORGE W. BUSH. 


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TO TAKE CERTAIN ACTIONS UNDER THE AFRICAN GROWTH AND

OPPORTUNITY ACT AND THE GENERALIZED SYSTEM OF PREFERENCES

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the 

‘‘1974 Act’’) (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of 

the African Growth and Opportunity Act (title I of Public Law 106– 

200) (AGOA), authorizes the President to designate a country listed 

in section 107 of the AGOA (19 U.S.C. 3706) as a beneficiary subSaharan African country if the President determines that the country meets the eligibility requirements set forth in section 104 of the 

AGOA (19 U.S.C. 3703) and the eligibility criteria set forth in section 502 of the 1974 Act (19 U.S.C. 2462). 

2. Section 104 of the AGOA authorizes the President to designate 

a country listed in section 107 of the AGOA as an eligible sub-Saharan African country if the President determines that the country 

meets certain eligibility requirements. 

3. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as added by 

section 6002(a) of the Africa Investment Incentive Act of 2006 (division D, title VI of Public Law 109–432), provides special rules for 

certain apparel articles imported from lesser developed beneficiary 

sub-Saharan African countries. 

4. In Proclamation 8157 of June 28, 2007, I designated the Islamic Republic of Mauritania (Mauritania) as an eligible sub-Saharan African country and a beneficiary sub-Saharan African country 

pursuant to section 104 of the AGOA and section 506A(a)(1) of the 

1974 Act and provided that it would be considered a lesser developed beneficiary sub-Saharan African country for purposes of section 112(c) of the AGOA. 

5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes the President to terminate the designation of a country as 

a beneficiary sub-Saharan African country for purposes of section 

506A if he determines that the country is not making continual 

progress in meeting the requirements described in section 

506A(a)(1) of the 1974 Act. 

6. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined that Mauritania is not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 

Act. Accordingly, I have decided to terminate the designation of 

Mauritania as a beneficiary sub-Saharan African country for purposes of section 506A of the 1974 Act, effective on January 1, 2009. 

7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 

2461, 2462(a)), the President is authorized to designate countries 


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as beneficiary developing countries for purposes of the Generalized 

System of Preferences (GSP) program. 

8. Pursuant to section 502(a)(1) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c) (19 U.S.C. 

2462(c)), I have determined that the Republic of Kosovo (Kosovo) 

should be designated as a beneficiary developing country for purposes for the GSP program. 

9. Pursuant to section 502 of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c), I have determined that the Republic of Azerbaijan (Azerbaijan) should be designated as a beneficiary developing country for purposes of the GSP 

program. 

10. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of relevant provisions 

of that Act, or other acts affecting import treatment, and of actions 

taken thereunder. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the 

United States of America, acting under the authority vested in me 

by the Constitution and the laws of the United States, including 

but not limited to section 104 of the AGOA (19 U.S.C. 3703), and 

title V and section 604 of the 1974 Act (19 U.S.C. 2461–67, 2483), 

do proclaim that: 

(1) The designation of Mauritania as a beneficiary sub-Saharan 

African country for purposes of section 506A of the 1974 Act is terminated, effective on January 1, 2009. 

(2) In order to reflect in the HTS that beginning on January 1, 

2009, Mauritania shall no longer be designated as a beneficiary 

sub-Saharan African country, general note 16(a) to the HTS is 

modified by deleting ‘‘Islamic Republic of Mauritania’’ from the list 

of beneficiary sub-Saharan African countries. 

(3) Kosovo is designated as a beneficiary developing country for 

purposes of the GSP program. 

(4) In order to reflect this designation in the HTS, general note 

4(a) to the HTS is modified by adding in alphabetical order 

‘‘Kosovo,’’ effective with respect to articles entered, or withdrawn 

from warehouse for consumption, on or after February 1, 2009. 

(5) Azerbaijan is designated as a beneficiary developing country 

for purposes of the GSP program. 

(6) In order to reflect this designation in the HTS, general note 

4(a) to the HTS is modified by adding in alphabetical order ‘‘Azerbaijan,’’ effective with respect to articles entered, or withdrawn 

from warehouse for consumption, on or after February 1, 2009. 

(7) any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. 

IN WITNESS WHEREOF, I have hereunto set my hand this 

nineteenth day of December, in the year of our Lord two thousand 

eight, and of the Independence of the United States of America the 

two hundred and thirty-third. 

GEORGE W. BUSH. 

Æ 


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