I
106TH CONGRESS
1ST SESSION
H. R. 2489
To authorize a new trade and investment policy for sub-Sahara Africa.
IN THE HOUSE OF REPRESENTATIVES
JULY 13, 1999
Mr. CRANE (for himself, Mr. RANGEL, Mr. ROYCE, Mr. PAYNE, Mr. LEVIN,
Mr. MCDERMOTT, Mr. JEFFERSON, and Mr. HOUGHTON) introduced the
following bill; which was referred to the Committee on International Rela-
tions, and in addition to the Committees on Banking and Financial Serv-
ices, and Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To authorize a new trade and investment policy for sub-
Sahara Africa.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘African Growth and
Opportunity Act’’.
SEC. 2. FINDINGS.
The Congress finds that it is in the mutual economic
interest of the United States and sub-Saharan Africa to
(7) focusing on countries committed to account-
able government, economic reform, and the eradi-
cation of poverty;
(8) establishing a United States-Sub-Saharan
Africa Economic Cooperation Forum; and
(9) continuing to support development assist-
ance for those countries in sub-Saharan Africa at-
tempting to build civil societies.
SEC. 3. STATEMENT OF POLICY.
The Congress supports economic self-reliance for sub-
Saharan African countries, particularly those committed
to—
(1) economic and political reform;
(2) market incentives and private sector growth;
(3) the eradication of poverty; and
(4) the importance of women to economic
growth and development.
SEC. 4. ELIGIBILITY REQUIREMENTS.
(a) IN GENERAL.—A sub-Saharan African country
shall be eligible to participate in programs, projects, or
activities, or receive assistance or other benefits under this
Act if the President determines that the country does not
engage in gross violations of internationally recognized
human rights and has established, or is making continual
progress toward establishing, a market-based economy,
such as the establishment and enforcement of appropriate
policies relating to—
(1) promoting free movement of goods and serv-
ices between the United States and sub-Saharan Af-
rica and among countries in sub-Saharan Africa;
(2) promoting the expansion of the production
base and the transformation of commodities and
nontraditional products for exports through joint
venture projects between African and foreign inves-
tors;
(3) trade issues, such as protection of intellec-
tual property rights, improvements in standards,
testing, labeling and certification, and government
procurement;
(4) the protection of property rights, such as
protection against expropriation and a functioning
and fair judicial system;
(5) the protection of internationally recognized
worker rights, including the right of association, the
right to organize and bargain collectively, a prohibi-
tion on the use of any form of forced or compulsory
labor, a minimum age for the employment of chil-
dren, and acceptable conditions of work with respect
to minimum wages, hours of work, and occupational
safety and health;
(6) appropriate fiscal systems, such as reducing
high import and corporate taxes, controlling govern-
ment consumption, participation in bilateral invest-
ment treaties, and the harmonization of such trea-
ties to avoid double taxation;
(7) foreign investment issues, such as the provi-
sion of national treatment for foreign investors, re-
moving restrictions on investment, and other meas-
ures to create an environment conducive to domestic
and foreign investment;
(8) supporting the growth of regional markets
within a free trade area framework;
(9) governance issues, such as eliminating gov-
ernment corruption, minimizing government inter-
vention in the market such as price controls and
subsidies, and streamlining the business license proc-
ess;
(10) supporting the growth of the private sec-
tor, in particular by promoting the emergence of a
new generation of African entrepreneurs;
(11) encouraging the private ownership of gov-
ernment-controlled economic enterprises through di-
vestiture programs; and
(12) observing the rule of law, including equal
protection under the law and the right to due proc-
ess and a fair trial.
(b) ADDITIONAL FACTORS.—In determining whether
a sub-Saharan African country is eligible under subsection
(a), the President shall take into account the following fac-
tors:
(1) An expression by such country of its desire
to be an eligible country under subsection (a).
(2) The extent to which such country has made
substantial progress toward—
(A) reducing tariff levels;
(B) binding its tariffs in the World Trade
Organization and assuming meaningful binding
obligations in other sectors of trade; and
(C) eliminating nontariff barriers to trade.
(3) Whether such country, if not already a
member of the World Trade Organization, is actively
pursuing membership in that Organization.
(4) The extent to which such country has a rec-
ognizable commitment to reducing poverty, increas-
ing the availability of health care and educational
opportunities, the expansion of physical infrastruc-
ture in a manner designed to maximize accessibility,
increased access to market and credit facilities for
small farmers and producers, and improved eco-
nomic opportunities for women as entrepreneurs and
employees, and promoting and enabling the forma-
tion of capital to support the establishment and op-
eration of micro-enterprises.
(5) Whether or not such country engages in ac-
tivities that undermine United States national secu-
rity or foreign policy interests.
(c) CONTINUING COMPLIANCE.—
(1) MONITORING
AND
REVIEW
OF
CERTAIN
COUNTRIES.—The President shall monitor and re-
view the progress of sub-Saharan African countries
in order to determine their current or potential eligi-
bility under subsection (a). Such determinations
shall be based on quantitative factors to the fullest
extent possible and shall be included in the annual
report required by section 15.
(2) INELIGIBILITY OF CERTAIN COUNTRIES.—A
sub-Saharan African country described in paragraph
(1) that has not made continual progress in meeting
the requirements with which it is not in compliance
shall be ineligible to participate in programs,
projects, or activities, or receive assistance or other
benefits, under this Act.
SEC. 5. 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 the date of the enactment of this Act, the President,
after consulting with Congress and the governments con-
cerned, shall establish a United States-Sub-Saharan Afri-
ca Trade and Economic Cooperation Forum (hereafter in
this section referred to as the ‘‘Forum’’).
(c) REQUIREMENTS.—In creating the Forum, the
President shall meet the following requirements:
(1) The President shall direct the Secretary of
Commerce, the Secretary of the Treasury, the Sec-
retary of State, and the United States Trade Rep-
resentative to host the first annual meeting with the
counterparts of such Secretaries from the govern-
ments of sub-Saharan African countries eligible
under section 4, the Secretary General of the Orga-
nization of African Unity, and government officials
from other appropriate countries in Africa, to dis-
cuss expanding trade and investment relations be-