Agoa.info - African Growth and Opportunity Act
TRALAC - Trade Law Centre
You are here: Home/News/Article/Trade and customs issues included in new Sub-Saharan Africa strategy

Trade and customs issues included in new Sub-Saharan Africa strategy

Trade and customs issues included in new Sub-Saharan Africa strategy
Published date:
Tuesday, 09 August 2022

Trade and customs issues are included in, but do not constitute a major component of, a new U.S. strategy toward sub-Saharan Africa announced this week by the Biden administration.

However, a recent report raises the possibility that the U.S. could yet pursue trade preference program changes, trade liberalization initiatives, and other efforts to further increase trade with Africa.

The strategy states that the U.S. will “build on existing programs and policies to increase U.S. investment and trade with Africa,” focusing on sectors “that both align with U.S. priorities and meet our African partners’ needs such as agribusiness, energy, entertainment, healthcare, and technology.”

For example, the administration plans to work with Congress on the future of the African Growth and Opportunity Act, which expires Sept. 30, 2025, and to collaborate with willing African partners on ways to “deepen and broaden our trade relationship, including through trade negotiations.”

The strategy provides no further details on what the future of AGOA might look like, what topics negotiations might cover, or what form any potential resulting agreement might take. However, a recent report from the Congressional Research Service offers some insights.

According to CRS, efforts by African countries to implement the African Continental Free Trade Area could spur changes to AGOA. Through the phased negotiation and implementation of various commitments, the AfCFTA aims to eventually achieve goals such as the elimination of tariffs on 97 percent of goods, the creation of a single market, and the establishment of a common African customs union.

Although there are challenges to reaching these and other goals, the report states, doing so could expand U.S. market access to the region and aid in the diversification of U.S. and global supply chains.

But whereas the AfCFTA covers virtually all African countries, AGOA is statutorily limited to sub-Saharan Africa. This divergence “could be an impediment to the development of intra-African supply chains and greater intra-African trade,” the report states, and so “Congress may consider whether various reforms to AGOA’s regional focus could address such concerns, such as broadening the program to include North African countries or changing AGOA’s rules of origin to allow for cumulation among all AfCFTA participants.”

The AfCFTA could also prompt the U.S. to pursue new trade agreements in Africa. “Given the growing number and importance of regional trade negotiations that do not involve the United States, such as the AfCFTA,” the CRS report states, “Congress may consider how the United States can ensure U.S. trade policy priorities continue to influence the development of new global trade rules, including in Africa,” such as by greater prioritization of new U.S. trade agreement negotiations with countries or regional blocs in Africa.

While the U.S. has trade and investment framework agreements and bilateral investment treaties with a number of countries in the region, the report notes, it only has one free trade agreement with an African country (Morocco).

Talks on an FTA with Kenya were initiated under the Trump administration but have been suspended under President Biden, who has opted for a different approach to trade relations with that country.

Under the new strategy the U.S. will also seek to expand cooperation with Africa on supply chain issues. This will include promoting customs-to-business partnerships, increasing the use of U.S. government trade transit cargo security measures, and expanding the sharing of data with African partners.

Read related news articles

USTR releases President Biden’s 2024 trade policy agenda and 2023 annual report

The Office of the United States Trade Representative today released President Biden’s 2024 Trade Policy Agenda and 2023 Annual Report to Congress, which details USTR’s work to advance President Biden’s trade agenda.  The President’s 2024 Trade Policy Agenda stands up for workers’ rights and sustainable trade practices, supports U.S. farmers, ranchers, fishers, and food manufacturers, bolsters supply chain resilience,...

05 March 2024

Statement from President Biden on AGOA reauthorization

I strongly support reauthorization of the African Growth and Opportunity Act— a landmark, bipartisan law that has formed a bedrock for U.S. trade with sub-Saharan Africa for more than two decades. I encourage Congress to reauthorize AGOA in a timely fashion and to modernize this important Act for the economic opportunities of the coming decade. AGOA is facilitating private-sector led economic growth across sub-Saharan Africa by increasing...

01 November 2023

Will Biden visit Africa this year?

President Joe Biden’s agenda is chock-full with many competing and challenging issues. Nevertheless, at the U.S.-Africa Leaders Summit last December, the president said that he would visit Africa in 2023. No details have been made public, but hopefully planning is well underway for what would be the first visit to the continent by a U.S. president since President Obama went to Kenya and Ethiopia in 2015. While the administration...

22 September 2023

'Poor relatives always show up, rich ones don't', Biden says as he plans Africa trip

U.S. President Joe Biden capped a summit of 50 African leaders by stressing his administration's deep commitment to Africa, urging the continent's leaders to respect the will of their people, and saying he may come visit. The U.S.-Africa Leaders Summit concluded Thursday with bonhomie, $55 billion (Sh6.8 trillion) in U.S. commitments, and this from Biden: "As I told some of you — you invited me to your countries," he said. "I said, "Be...

16 December 2022

Joe Biden is meeting African leaders - why free trade is a major talking point

African leaders face a dilemma over trade relations with the United States. Should they push for the extension of the Africa Growth and Opportunity Act (AGOA) or for each country’s bilateral trade deal with the world’s biggest economy? AGOA was the signature economic policy of the Bill Clinton administration. It provides eligible sub-Saharan African countries with duty-free access to the US market for over 1,800 products. It is set to...

13 December 2022

Op-Ed | Africa-US: Commercial ties will shape the partnership in the 21st century

In early August, with its release of its strategy toward sub-Saharan Africa, the Biden-Harris administration laid out a bold vision for a 21st-century US-Africa partnership. The strategy and the upcoming Africa Leaders Summit, which President Biden and his deputy Harris will host in December, comes at the right time. Africa’s economic transformation — spurred by its young and rapidly urbanising populations, digitalisation initiatives,...

01 December 2022

Biden administration doing a ‘good job’ on Africa

Despite disruptions to the world economy, the Biden administration has delivered on its bid to ramp up trade and investment with Africa, says Laird Treiber of the CSIS.   In the context of the global food, fuel and pandemic crises, how do you think Washington’s Africa policy has shaped up compared to President Joe Biden’s predecessors? The Biden team has done a pretty good job of coordinating with allies, the IMF, international...

27 November 2022

Ramaphosa vows to improve investment environment for US companies after talks with Biden

There was agreement on the need to create a more attractive environment for American companies to invest in South Africa. These are just some of the sentiments echoed by President Cyril Ramaphosa as he concluded his official working visit to the United States at the invitation of US President Joe Biden. Ramaphosa landed on Thursday in Washington DC, in the United States of America.  The two leaders deliberated on a range of critical...

18 September 2022

South Africa puts trade on top of agenda for Ramaphosa’s meeting with Biden

Winning the US president’s support for a further extension of the Africa Growth and Opportunity Act, which gives South African exports duty-free and quota-free access to the lucrative US market, will be a high priority for Pretoria. Trade, rather than the war in Ukraine, is likely to top the agenda of President Cyril Ramaphosa’s meeting with US President Joe Biden at the White House on Friday. That, at least, is how Pretoria sees it....

15 September 2022

Biden-Ramaphosa meeting heralds a significant shift in US policy towards Africa

President Cyril Ramaphosa is the first African leader invited to the Oval Office since the release of the Biden administration’s “US Strategy Toward Sub-Saharan Africa”. That he is meeting president Biden so soon after seeing Secretary of State Anthony Blinken attests to the importance Biden attaches to the US-SA relationship. Biden is not going to repeat the mistake of calling Ramaphosa “my point man in Africa”, as George W Bush...

07 September 2022

Biden’s Africa strategy seeks to revitalize ties with the continent

President Biden is delivering on his commitment to make Africa a priority for the United States. Most notable is his administration’s sharp uptick in U.S. diplomacy toward the region. With visits to Kenya, Nigeria, and Senegal last November, Morocco and Algeria in March, and South Africa, the Democratic Republic of the Congo, and Rwanda this month, Secretary of State Antony Blinken has visited the continent three times in just 10...

25 August 2022

You are here: Home/News/Article/Trade and customs issues included in new Sub-Saharan Africa strategy