Agoa.info - African Growth and Opportunity Act
TRALAC - Trade Law Centre
You are here: Home/News/Article/USTR announces new petition process to review AGOA country eligibility

USTR announces new petition process to review AGOA country eligibility

Published date:
Friday, 18 March 2016

The Office of the U.S. Trade Representative has issued an interim final rule that establishes a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act, as required by the Trade Preferences Extension Act of 2015.

This process will supplement the annual (normal cycle) request for public comments on whether a beneficiary sub-Saharan African country is meeting the AGOA eligibility criteria and requirements.

Petitions filed under this new process must identify the SSA country that would be subject to the review, indicate the specific eligibility requirement or criterion that the petitioner believes warrants review, and include all available supporting arguments and information to explain why a review is warranted.

In addition, any petitions requesting an out-of-cycle review under section 111(d)(4) of the AGOA must contain a statement indicating the existence of exceptional circumstances warranting the out-of-cycle review.

USTR will consider a petition in accordance with the schedule published in the Federal Register for the annual (normal cycle) AGOA review process. If a petition for an out-of-cycle review is received at any other time, the AGOA Implementation Subcommittee will determine whether there are exceptional circumstances warranting such a review. If such circumstances exist, USTR will announce a schedule for the review within 30 days of making such a determination.

Parties wishing to submit input on the new petition process may do so by April 18.


SUMMARY

The Trade Preferences Extension Act of 2015 (TPEA) requires the President to establish a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act (AGOA). This authority has been delegated to the Office of the United States Trade Representative (USTR).

DATES

The interim final rule is effective on March 18, 2016. USTR will accept comments on the interim final rule in writing on or before April 18, 2016.

Background

The AGOA (Title I of the Trade and Development Act of 2000, Pub. L. 106-200) (19 U.S.C. 2466a et seq.), as amended, contains provisions for enhanced trade benefits for eligible sub-Saharan African countries.

Section 506(c) of the TPEA, which was signed into law on June 29, 2015 (Pub. L. 114-27, sec. 105(d)(3), 129 Stat. 366-367)), requires the President to establish a process to allow any interested person, at any time, to file a petition with USTR concerning the compliance of any sub-Saharan African country listed in section 107 of the AGOA (19 U.S.C. 3706), with 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 Trade Act of 1974 (19 U.S.C. 2462). On February 26, 2016, the President delegated this authority to USTR. See E.O. 13720 of Feb. 26, 2016, 81 FR 11087, Mar. 2, 2016.

 

Download the Federal Register (link above) for full details.

 

Read related news articles

US and African civil society stakeholders seek AGOA extension

A Civil Society Organisation, Network and other stakeholders from across the United States and African Growth and Opportunity Act-eligible countries have petitioned the President of the United States of America, Joe Biden, to consider an extension of the initiative. The CSO made the plea in a letter dated February 16, 2024, titled ‘Petition for Timely Re-Authorisation and Enhancement of the African Growth and Opportunity Act Beyond...

16 February 2024

House Ways and Means Committee leadership statement on meeting with ambassadors from select AGOA countries

Ways and Means Committee Chairman Jason Smith (MO-08) and Ranking Member Richard E. Neal (MA-01) released the following statement after hosting a bipartisan roundtable with Committee members and ambassadors from several African Growth and Opportunity Act (AGOA) countries. AGOA is a U.S. trade program focused on strengthening economic ties between the United States and nations in Sub-Saharan Africa. “We appreciate the ambassadors from...

18 January 2024

AGOA eligibility update: What it could mean for US-Africa relations amid global power shifts

The United States’ recent modifications to the African Growth and Opportunity Act (AGOA) signal a significant shift in its trade relations with Africa, intertwined with broader geopolitical implications and the emerging contest for influence on the continent. Experts weigh in. [AGOA.info note: The 'modifications' relate to the list of AGOA beneficiaries, with four countries losing their AGOA beneficiary status, and one re-gaining, effective...

12 January 2024

WEF - How has AGOA benefited African countries?

The African Growth and Opportunity Act (AGOA) is a trade agreement between the United States and sub-Saharan African countries. Agoa has helped to increase trade and investment between Africa and the US. It has also helped to create jobs and boost economic growth in Africa. African countries are calling for it to be extended. To what extent has the AGOA goal been achieved? The duty- and quota-free access to the US market granted by Agoa...

16 November 2023

South Africa’s AGOA forum: Crafting future pathways for US-Africa trade partnership

Ultimately the African Growth and Opportunity Act (AGOA) could be extended by 16 years, that means until 2041, indicating its importance for strengthening Africa’s trade and economic cooperation with United States. That was, in fact, the main focus during Johannesburg’s early November forum that brought together more than 30 trade ministers, astute investors plus representatives from the regional economic blocs and the African Union. At...

14 November 2023

Africa-US trade: AGOA expires in 2025 - what has it achieved in 23 years?

African governments are seeking an extension of the African Growth and Opportunity Act (Agoa) beyond 2025. The law was enacted in 2000 to “encourage increased trade and investment between the United States and sub-Saharan Africa”. We asked David Luke, who specialises in African trade policy and trade negotiations, what benefits Agoa has brought for qualifying African countries and how it can...

12 November 2023

'Can Uganda wiggle out of AGOA puzzle?'

Uganda faces the possibility of being removed from the African Growth and Opportunity Act (AGOA) beneficiary states thanks in no small part to what the United States calls human rights violations. This comes hot on the heels of the recent enactment of anti- homosexuality legislation in Uganda. The programme offers duty-free access to the world’s largest economy for Sub-Saharan African countries that meet democratic criteria, which is...

12 November 2023

US Senator Chris Coons proposes AGOA extension by 16 years, immediate review of SA’s AGOA eligibility

Powerful US Democratic Party Senator Chris Coons is circulating a discussion draft of a Bill to renew the African Growth and Opportunity Act (Agoa) for 16 years that would also require an immediate “out-of-cycle” review of South Africa’s eligibility for Agoa. That could lead to South Africa being removed next year from the programme, which has provided considerable benefits to SA exporters to the US of cars, fruits and wine, in...

07 November 2023

AGOA extension crucial for Ghana’s industrialisation

The Deputy Minister of Trade and Industry Nana Ama Dokua Asiamah-Adjei is supporting the push for the extension of the African Growth and Opportunity Act (AGOA) to enhance trade between Ghana and the US. A United States Trade Act enacted on 18 May 2000 as Public Law 106 of the 200th Congress, the AGOA legislation has been renewed on different occasions, most recently in 2015, when its period of validity was extended to September 2025. The...

06 November 2023

US-Africa program (AGOA) should be extended through 2041, Senate Democrat says, proposes legislation [Download]

A trade program that grants exports from qualifying African countries duty-free access to the U.S. market should be extended by 16 years, said Democratic Senator Chris Coons, a leading voice on U.S.-Africa policy. Talks are underway for the renewal of the two-decade-old African Growth and Opportunity Act (AGOA), which is due to expire in 2025. African countries want a 10-year renewal of the pact ahead of the 2024 U.S. election. President Joe...

06 November 2023

Uganda criticises US plan to exclude it from duty-free trade programme

Uganda on Wednesday criticised a US move to eject it and other African countries from accessing a tariff-free trade programme, saying the action was to punish African countries that are resisting the imposition of the West's cultural values. US President Joe Biden said on Monday that he intended to end the participation of Uganda, Gabon, Niger and the Central African Republic in the African Growth and Opportunity Act (AGOA) trade...

05 November 2023

You are here: Home/News/Article/USTR announces new petition process to review AGOA country eligibility