A proclamation to take certain actions under AGOA and for other purposes [Burkina Faso]

A proclamation to take certain actions under AGOA and for other purposes [Burkina Faso]
Published date:
Friday, 23 December 2022

(1) In Proclamation 7853 of December 10, 2004, the President designated Burkina Faso as a beneficiary sub-Saharan African country for purposes of section 506A(a)(1) of the Trade Act of 1974, as amended (the “Trade Act”), as added by section 111(a) of the African Growth and Opportunity Act (the “AGOA”) (title I of Public Law 106-200, 114 Stat. 251, 257-58 (19 U.S.C. 2466a(a)(1))).

(2) Section 506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)) provides that the President shall terminate the designation of a country as a beneficiary sub-Saharan African country for purposes of section 506A if the President determines that the country is not making continual progress in meeting the requirements described in section 506A(a)(1) of the Trade Act.

(3) Pursuant to section 506A(a)(3) of the Trade Act, I have determined that Burkina Faso does not meet the requirements described in section 506A(a)(1) of that Act. Accordingly, I have decided to terminate the designation of Burkina Faso as a beneficiary sub-Saharan African country for purposes of section 506A of the Trade Act, effective January 1, 2023.

........

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 111(a) of the AGOA, sections 506A(a)(1) and 506A(a)(3) of the Trade Act, section 4(b) of the USIFTA Implementation Act, and section 604 of the Trade Act, as amended, do proclaim that:

(1) The designation of Burkina Faso as a beneficiary sub-Saharan African country for purposes of section 506A of the Trade Act is terminated, effective January 1, 2023.

(2) In order to reflect in the HTS that beginning January 1, 2023, Burkina Faso shall no longer be designated as a beneficiary sub-Saharan African country, general note 16(a) to the HTS is modified by deleting “Burkina Faso” from the list of beneficiary sub-Saharan African countries. Note 7(a) to subchapter II and note 1 to subchapter XIX of chapter 98 of the HTS are each modified by deleting “Burkina Faso,” from the list of beneficiary countries. Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by deleting “Burkina Faso;” from the list of lesser developed beneficiary sub-Saharan African countries.

(3) The modifications to the HTS set forth in paragraphs (1) through (2) of this proclamation shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2023.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of December, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-seventh. 

JOSEPH R. BIDEN JR.

Share this article

View related news articles

AGOA time: As 2025 approaches, opportunities for improvements eyed

Economic integration efforts underway in Africa and new ideas about decades-old U.S. trade policy could provide a host of options for bolstering Washington’s cornerstone trade policy program with sub-Saharan African countries, analysts and former senior officials tell Inside U.S. Trade. The African Growth and Opportunity Act, first signed into law in 2000, “has done more than people give it credit for, but it has not done nearly enough...

30 January 2023

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

Bipartisan lawmakers in Congress are calling for the renewal of AGOA

 As President Joe Biden hosts nearly 50 African leaders in a summit aiming to boost U.S.-Africa relations, one prominent issue has circulated across the Hill: the renewal of the African Growth and Opportunity Act, which is set to expire in 2025.  What is it? The 22-year-old program works to provide eligible sub-Saharan African nations with additional duty-free access to more than 1,800 designated products, with the aim of...

13 December 2022

US trade chief Tai says African trade program needs to foster more investment

The duty-free access for nearly 40 African countries in a 22-year-old U.S. trade program is no longer enough to boost their development and a focus on improving investment is needed, U.S. Trade Representative Katherine Tai said on Tuesday. Tai, after a meeting with African counterparts at the start of a Sub-Saharan African leaders summit in Washington, said the African Growth and Opportunity Act (AGOA) needs improving to foster more equitable...

12 December 2022

US to remove Burkina Faso from AGOA effective 1 January 2023: White House

U.S. President Joe Biden revealed on Wednesday his intent to exclude Burkina Faso from a U.S.-Africa trade pact, citing a lack of progress toward protecting the rule of law and political pluralism. Biden said that Washington will terminate Burkina Faso's designation as a beneficiary sub-Saharan African country under the African Growth and Opportunity Act (AGOA), starting January 2023 as it has not met"eligibility requirements." The decision...

02 November 2022

The 'key to unlocking Africa's potential'

Africa is on the cusp of an economic transformation. By 2050, consumer and business spending on the continent is expected to reach roughly $16.1 trillion. The coming boom offers tremendous opportunities for global businesses – especially US companies looking for new markets. But unless African policymakers remove existing barriers to regional trade and investment, the continent’s economy will struggle to reach its true potential. Two...

02 October 2022

'The renewal of AGOA is vital' - SA President Ramaphosa

Address by President Cyril Ramaphosa during the meeting with the congressional black caucus and anti-apartheid veterans during his visit to the United States: Minister of International Relations and Cooperation of South Africa, Dr Naledi Pandor South Africa’s Ambassador to the United States, Ms Nomaindia Mfeketo Chair of the Congressional Black Caucus, Ms Joyce Beatty Spokesperson of the Rainbow Push Coalition, Prof Jonathan Jackson...

16 September 2022

US apparel sector requests “at least” ten-year AGOA renewal

The American Apparel and Footwear Association (AAFA) is urging the US Trade Representative (USTR) to renew the African Growth and Opportunity Act (AGOA) for at least another ten years, noting as companies are poised to diversify out of China, Africa is a logical place for many of them. In a letter to William Shpiece, chair of the Trade Policy Staff Committee for USTR, Beth Hughes, vice president of trade and customs policy for the AAFA, says...

24 June 2022

US Congress: Representatives McCaul, Murphy introduce Prosper Africa Act

House Foreign Affairs Committee Lead Republican Michael McCaul (R-TX) and Congresswoman Stephanie Murphy (D-FL) introduced the Prosper Africa Act to codify interagency efforts and promote, facilitate and increase two-way trade and investment between the United States and Africa.  “Advancing two-way trade and investment between the U.S. and African partners must be a key foreign policy priority,” said Rep....

21 January 2022

How the Biden administration can make AGOA more effective - Brookings

The African Growth and Opportunity Act (AGOA) has served as the cornerstone of the U.S.-Africa commercial relationship for more than two decades but it is set to expire on September 30, 2025. While the legislation’s unilateral trade preferences have provided economic benefits for countries across sub-Saharan Africa, AGOA as a whole remains underutilized. To ensure continuity in U.S-African trade ties, the United States must grapple with...

15 November 2021