Agoa.info - African Growth and Opportunity Act
TRALAC - Trade Law Centre
You are here: Home/News/Article/'We examined 20 years of US-Kenya trade: Some lessons for Africa'

'We examined 20 years of US-Kenya trade: Some lessons for Africa'

'We examined 20 years of US-Kenya trade: Some lessons for Africa'
Published date:
Monday, 16 August 2021
Author:
Francis Owusu and Kefa M. Otiso

Kenya is one of the top five beneficiaries of the US-Africa trade initiative, the African Growth and Opportunity Act (AGOA). It also had the second-highest utilisation rate in 2018 with over 70% of its US exports covered by the programme.

Launched in 2000, the trade pact gives sub-Saharan Africa the most liberal access to the huge US market available to any country or region with which Washington does not have a free trade agreement. The initiative has had a significant impact on stimulating Africa-US trade. Exports to the US from eligible African countries grew by over 272%, from US$22 billion in 2000 to US$82 billion in 2008.

Probably due to COVID-19 disruptions, exports declined to US$18.4 billion in 2020. Despite these fluctuations, Africa maintained a positive balance of trade with the US in the 2000-2020 period, thanks to AGOA eligible products. As of 2017, the trade initiative had created over 300,000 jobs in sub-Saharan Africa, many of which were in the apparel sector.

We recently carried out a Kenya country case study on the implementation of AGOA in the 2000 to 2016 period. We found that in this period, Kenya’s total exports to the US grew by $443.2 million (or 405%) from $109.4 million to $552.6 million. By 2020, the figure had risen to $569 million, with most of the country’s exports coming from eligible products

Looked at differently, in the nine years before the trade programme (1992 to 2000), Kenya’s average annual exports to the US were $101 million. In the nine years after (2002 to 2010), average annual exports to the US rose to $305 million. They rose further on average to $557 million in the 2012 to 2020 period. 

Moreover, in contrast with the 1990s, Kenya had a positive balance of trade with the US, averaging $158 million per year since 2016. 

Kenya’s exports to the US under this programme have enabled the country to build a sizeable textile and apparel export sector. As of 2016, Kenya had 111 firms in its export processing zones that produced most of its $634 million worth of exports. Calvin Klein and Tommy Hilfiger are some of the US brands that buy Kenyan apparel and clothing products.

The sector employed 52,000 workers, used over $250 million in local resources and attracted in excess of $710 million in total investments. But Kenya’s apparel export sector is overwhelmingly dependent on the US market. This over-reliance on the US market should worry Kenya because it makes its apparel sector susceptible to unpredictable swings in the US market.

While Kenya’s non-textile exports to the US – mainly coffee, tea, nuts and cut flowers – also grew during the 2000-2016 period, their growth rate was less impressive.

Socially, AGOA has also helped to create jobs for marginalised groups such as women and youth. Nevertheless, we found that working in these apparel firms entailed poor working conditions, low pay, temporary work, and the sexual harassment of female workers.

We also found that Kenya, like many other eligible countries, is under-utilising AGOA with the near neglect of the non-textile sectors. Whether or not the US-Africa trade programme is renewed when it expires in 2025, Kenya’s experience points to many policy implications for the country and other member countries.

Trade pact objectives

The African Growth and Opportunity Act was signed into law by former US president Bill Clinton. Its main objectives were to diversify the region’s export production, expand trade and investment between the two destinations, and accelerate economic growth in sub-Saharan Africa. 

These would be achieved in a number of ways. First, the reduction of tariff and non-tariff barriers. Second, the negotiation of trade agreements. Third, the integration of the region into the global economy. Finally, the expansion of US assistance to Africa’s regional integration. 

In many ways, its main aim was to support African economies’ ability to use the textile and apparel sectors as potential engines of industrialisation and economic growth. In this sense this mirrored the similar success in South and Southeast Asia

Much of the growth in exports to the US from Kenya and other non-oil exporting countries has come from the textile and apparel sector. There is a relatively tepid response from other sectors of the economy. These countries can make better use of the US trade initiative by not so heavily basing their exports on only a few of the thousands of eligible products.

Lessons for Africa

In our study, we found a number of policy gaps in Kenya that are relevant for other African countries. For example, the trade opportunities are largely driven by US trade policy rather than by the region’s competitive advantage. Also, the US dominates the terms and conditions of the pact’s renewal. In our view, eligible countries like Kenya should look beyond US-Africa programme and diversify their markets accordingly. 

Second, to make the most of their apparel exports to the US and to capture new global markets, the African countries should ensure that their apparel industries are globally competitive. They should have a good supply of the inputs and infrastructure they need to thrive. Improvements in transport infrastructure, for instance, would speed up and reduce costs of moving inputs in and finished goods out.

Third, the vast majority of Kenya’s export processing zone investments are foreign-owned. There is also a huge pay gap between Kenyan and foreign workers due to the cadre of jobs and skills possessed by these two types of workers. Thus, there is a need for capacity building to produce a critical mass of professionals who can lead the country’s textile and agro-processing industries to maximise their gains from current and future trade opportunities.

Countries in the sub-Saharan Africa region should also strengthen their regulatory frameworks. These include mechanisms for enforcement of laws regarding labour and other forms of human rights protections envisaged under the US-Africa trade pact. This would ensure that women and youth workers in Kenya’s export-led enterprises are protected and enabled to benefit from this trade programme.

These countries should also create a favourable export policy environment which is globally competitive to attract substantial manufacturing investments to the region. In Kenya, this is currently undermined by high levels of corruption and mismanagement. There is also a fair amount of political instability mostly driven by the country’s ethnic-driven and hyper-competitive elections especially at the presidential level

The country now has a new devolved government structure that promises to contribute to a more tranquil national political environment. But Kenya needs to do more to hold credible elections, and, perhaps, dilute its presidential powers which drive its overly competitive, acrimonious, and perennially destabilising elections.

Finally, Kenya and other African countries should strengthen their trade negotiation ability to make the most of new international trade deals. In today’s world, the difference between winning and losing in trade substantially comes down to one’s ability to negotiate good trade deals. Therefore, African countries must not only invest in high quality capacity building training for their trade negotiators, but they must also hire, keep, and empower the right people for these roles. 

Kenya is in the middle of negotiating a free trade agreement with the US, the first such agreement between the US and a sub-Saharan African economy. If it succeeds, it would be the most important trade development in the region since the enactment of the AGOA in 2000.

Read related news articles

US and Kenya invite public participation in stakeholder listening session during 6th negotiating round under the STIP

The United States and Kenya will hold a virtual stakeholder listening session during the sixth round of negotiations under the United States-Kenya Strategic Trade and Investment Partnership (STIP) on Friday, June 7 at 9:00AM East Africa Time (EAT). The session will be co-chaired by Assistant U.S. Trade Representative Constance Hamilton and Kenya’s Principal Secretary for Trade Alfred K’Ombudo. The sixth round of negotiations are taking...

03 June 2024

United States and Kenya to hold sixth negotiating round under the STIP early June

The United States and Kenya will hold a sixth in-person negotiating round under the Strategic Trade and Investment Partnership (STIP) in Mombasa, Kenya, from June 3-7. The United States delegation will be led by Assistant U.S. Trade Representative Constance Hamilton and will include representatives from several other U.S. government agencies. The Kenyan delegation will be led by Principal Secretary for Trade Alfred...

27 May 2024

Ruto's State visit spotlights Kenya's centrality to Africa-US relations [Download Facsheet]

President Joe Biden's choice of Kenya for a first African state visit in more than 15 years is no coincidence, but both countries must be clear on what is driving this increasing strategic dependence. Kenyan President William Ruto's arrival in Washington on 22 May ends a historic drought. No African leader has made a state visit to the US since John Kufuor of Ghana in 2008 - three times longer than the previous record gap, but a period that...

23 May 2024

Senator Coons talks US and sub-Saharan African countries partnership amid Kenyan President’s visit

In case you missed it, U.S. Senator Chris Coons (D-Del.) discussed Kenyan President William Ruto’s visit to the United States this week and the need for Congress to advance a reauthorization of the African Growth and Opportunity Act (AGOA) in an interview with Devex yesterday. A major area of interest for President Ruto is the trade relationship between the United States and Kenya, and his visit is expected to lend support to the...

22 May 2024

Top democrats on Senate and House committees urge Administration to upgrade Kenya trade talks to a comprehensive trade agreement

Senate Finance Committee Chair Ron Wyden, D-Ore., and House Ways and Means Committee Ranking Member Richard Neal, D-Mass., called on U.S. Trade Representative Katherine Tai to transition current trade discussions with Kenya into negotiations of a comprehensive, enforceable trade agreement, in a letter today.  Although the Biden administration is in discussions for a U.S.-Kenya Strategic Trade and Investment Partnership (STIP),...

21 May 2024

Kenya-US trade talks inching closer to completion – Cabinet Sec Miano

Kenya and the US are inching closer to reaching a trade deal, Investments, Trade and Industry CS Rebecca Miano has hinted, meaning a pact could be in place by end of this year. This, even as the US expresses confidence that the African Growth and Opportunity Act (Agoa), set to expire next year, will be renewed to allow Sub-Sharan nations continue to enjoy preferential export terms to the US market. The in-person talks between Kenya and US...

25 April 2024

USTR releases summaries from US – Kenya Strategic Trade and Investment Partnership negotiations

Consistent with the Biden-Harris Administration’s commitment to the highest levels of transparency in trade agreement negotiations, the Office of the United States Trade Representative (USTR) today released summaries of texts proposed by the U.S. side on good regulatory practices, workers’ rights and protections, and a second tranche of agriculture text. Negotiations on these texts are ongoing. USTR will negotiate the workers’...

08 April 2024

Kenya: 4th AmCham business summit to advocate for enhanced partnership and investment In US-East Africa trade

The fourth edition of the regional American Chamber of Commerce Kenya (AmCham) Business Summit, the premier platform for strengthening bilateral trade and investment between the United States, Kenya, and East Africa is set to be held on April 24–25, 2024, in Nairobi, Kenya. Kenya’s President William Ruto is confirmed as Chief Guest, leading a government delegation to the summit that aims to expand commercial opportunities and markets....

19 March 2024

US-Kenya: Ruto’s US state visit needs to navigate America’s uncertain political future

President William Ruto will visit the United States on a State Visit in May during what is likely to be one of the most turbulent US elections in memory. Barring some miracle, or catastrophe, the US presidential election will be a showdown between the same two contenders—albeit older and less energetic—as in 2020. The US presidential election in November is the most significant geopolitical risk event of 2024. Its outcome could result in...

26 February 2024

US President Biden to welcome Kenyan President Ruto to the White House in May

President Joe Biden plans to welcome Kenyan President William Ruto to the White House in May, hosting a state visit after reneging on his promise to visit Africa last year. White House press secretary Karine Jean-Pierre said Friday that the visit set for May 23 will mark the 60th anniversary of U.S.-Kenya diplomatic relations and "celebrate a partnership that is delivering for the people" of both countries while affirming "our strategic...

18 February 2024

US keen to strengthen Kenya’s public procurement system as trade talks resume [incl. Readout]

The US plans to strengthen Kenya’s public procurement systems in what is seen as a strategy to put in place sound structures ahead of the planned trade pact. This comes as talks on the Strategic Trade and Investment Partnership (STIP) resumed last week with a meeting in Nairobi. Kenya is pushing for the deal and renewal of the African Growth and Opportunity Act (AGOA) which expires next year. Washington in a statement on Tuesday said the...

07 February 2024

You are here: Home/News/Article/'We examined 20 years of US-Kenya trade: Some lessons for Africa'