Agoa.info - African Growth and Opportunity Act
TRALAC - Trade Law Centre
You are here: Home/News/Article/US firms blast South African security law

US firms blast South African security law

US firms blast South African security law
Published date:
Thursday, 21 May 2015
Author:
Wiseman Khuzwayo

US business is once again using the looming renewal of the African Growth and Opportunity Act (Agoa), a key trade scheme that gives sub-Saharan African countries preferential access into the US market, as leverage to oppose legislation giving locals majority stakes in foreign-owned security companies.

The Security Industry Association of America (SIA) has blasted the South African law requiring foreign-owned security companies to sell at least 51 percent of their businesses to locals.

Yesterday, it emerged that SIA was now demanding that Agoa’s renewal for South Africa be conditional on the scrapping of the local ownership requirement for overseas security firms.

SIA contends that such companies are already required to exclusively employ South African citizens within the country, making the ownership requirement unneccesary.

The Private Security Industry Regulation Amendment Act (PSIRA) awaits President Jacob Zuma’s signature. It requires foreign-owned security companies as well as technology firms to sell at least 51 percent of their local businesses to South Africans.

SIA’s call follows close on the heals of calls by the US poultry industry that South Africa should be excluded from Agoa due to South Africa’s anti-dumping tariffs on US poultry.

The South African industry organisations, business and trade law experts that oppose the foreign ownership limitation have called on Zuma to send the legislation back to Parliament for the removal of the section on the basis it is expropriation.

SIA wants PSIRA to be included under the new Agoa’s new “out-of-cycle” review mechanism.

An “out-of-cycle” review allows the US to view a country’s Agoa status and that status can be suspended, limited or withdrawn for any beneficiary country found no longer eligible.

Mickey McCarter, a spokesman for SIA, said yesterday that the inclusion of this enhanced oversight provision in the US Senate in the form of the “out-of-cycle” review would lead to a more reciprocal and balanced trade relationship with beneficiary countries, most notably South Africa.

“If the South African Parliament does not remove the discriminatory clause from the PSIRA, it is highly likely such an issue would be raised as matter of concern during the South Africa review required under the Agoa reauthorisation moving through Congress,” said Jake Parker, SIA director of government relations.

Pressure

US opposition to the security law follows the pressure that two US Senators, Johnny Isakson and Chris Coons, had been putting on South Africa to end “unfair duties” on US chicken imports.

Barring South Africa from Agoa would cost as much as R30.33 billion in benefits and put thousands of jobs in jeopardy.

Trade and Industry Minister Rob Davies and the South African poultry industry lobbied hard in Washington in April for the country not be excluded from Agoa.

The Agoa bill was passed by the US Senate last week and authorises the renewal of Agoa for the next 10 years. The current version expires in September.

In his budget vote speech to the National Council of Provinces yesterday, Davies said: “Agoa is coming with demands that we accommodate the US for market access, starting but not limited to poultry. We continue to engage on this issue.”

Read related news articles

South Africa walks a tightrope on US relations

South Africa has been conducting a high-wire act in its relations with the United States (US). It is maintaining friendships with Washington’s enemies like Russia, Iran and China while trying to avoid disrupting its economic relations with America. Tensions came closer than ever to breaking point this month as the US House of Representatives’ Committee on Foreign Affairs passed the US-South Africa Bilateral Relations...

28 March 2024

Remarks by Deputy Treasury Secretary Adeyemo on the US-South Africa economic relationship

As Prepared for Delivery in Johannesburg, South Africa Thank you for the warm welcome. I want to express my gratitude to Consul General Spera and the American Chamber of Commerce for hosting me. I am honored to be joined today by South African Entrepreneurs that are building companies to unlock the economic potential of their country.  I owe my own presence here today to the inspiration I drew from South Africa. In the middle of the...

13 March 2024

South African president Ramaphosa meets with US congressional delegation

South African President Cyril Ramaphosa today, 21 February 2024, received for a visit from a bipartisan congressional delegation from the United States of America, in Tuynhuys, Cape Town. The delegation is visiting South Africa at the invitation of the Aspen Institute. The President and the US congressional delegation discussed the importance of the relationship between South Africa and the US, which manifests in strong economic,...

21 February 2024

US congress receives Bill to review South Africa relations

A bill has been submitted to the United States congress calling for a full review of the country’s bilateral relationship with South Africa following the International Court of Justice ruling that found it plausible that Israel has committed acts of genocide against Gaza. The bipartisan bill which was introduced by US Republican congressman John James and Democratic Party congressman Jared Moskowitz this week could threaten South...

09 February 2024

Fitch research unit expects better AGOA deal for South Africa

Fitch’s research arm, BMI, believes SA has done enough to get improved trade terms under the African Growth & Opportunity Act (Agoa), which it expects to be extended and modified before its expiry in September 2025. But it warns that the deal might be stillborn if Donald Trump is elected US president. The research think-tank said in a note it assigns a 65% probability that Agoa will not only be renewed but modified to the benefit of...

09 January 2024

South Africa: BLSA CEO calls for more companies to leverage AGOA opportunities

Many more South African companies could benefit from the African Growth and Opportunity Act (AGOA), which gives eligible countries access to US markets free of tariff barriers, business organisation BusinessLeadership South Africa (BLSA) CEO Busi Mavuso writes in her weekly newsletter. Apart from mainstream formal sector businesses, there are opportunities to enable more entrepreneurs, including women-led...

20 November 2023

US ambassador: AGOA is an opportunity to deepen ties between the US and South Africa

President Joe Biden last December at the US-Africa Leaders Summit affirmed that the US will elevate its relationship with Africa. The future is Africa. One example is its youthful population: the median age on the continent is 19. By 2050, one in four people in the world will be in Africa. The US wants them to be healthy and wealthy. What happens in Africa will affect the rest of the globe — and we want to work together to ensure it is...

09 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 benefits extend beyond trade [incl. VIDEO of Friday's opening session]

Economies in Sub-Saharan countries stand to benefit far more from the African Growth and Opportunity Act (AGOA) than notable trade statistics, says President Cyril Ramaphosa. “AGOA enhances the diversification of African economies, enabling them to export value-added products. By enabling African countries to have preferential access to the US market, this opportunity incentivises African countries to develop and export value-added goods...

06 November 2023

South Africa pins its hopes on an early 2024 US Congress renewal of AGOA

South Africa’s government is hoping that the process to renew the African Growth and Opportunity Act (Agoa) by the US Congress will be concluded by early 2024, ensuring that more than 20 African countries continue to have duty-free access to the world’s largest economy.   This is the first time that the South African government has given a timeline for when it hopes the US Congress might extend Agoa, which has been renewed twice...

05 November 2023

SA trade minister Patel expresses confidence at media briefing about South Africa’s continued inclusion in AGOA

Ahead of South Africa hosting the US-AfricaTrade and Economic Cooperation Forum – also called the AGOA Forum – from November 2 to 4, Trade, Industry and Competition Minister Ebrahim Patel on October 26 briefed the media on the state of readiness for the forum, expressing confidence that the South African government’s relations with the US were strong. Various South African stakeholders have been motivating for...

26 October 2023

You are here: Home/News/Article/US firms blast South African security law