Agoa.info - African Growth and Opportunity Act
TRALAC - Trade Law Centre
You are here: Home/News/Article/South Africa has 60 days before Obama revokes certain AGOA privileges

South Africa has 60 days before Obama revokes certain AGOA privileges

South Africa has 60 days before Obama revokes certain AGOA privileges
Orange grove near Cape Town

Bilateral Trade by Sector: United States - South Africa

Value ('1000 dollars) / Year-to-date to September

Published date:
Friday, 06 November 2015
Author:
Simon Barber

US President Barack Obama has given South Africa 60 days to show it is meeting the requirements of the African Growth and Opportunity Act (Agoa) before he imposes normal tariffs on South African agricultural products.

Mr Obama said on Thursday that South Africa had until January 4 to satisfy him that it was complying with the eligibility requirements to enjoy duty-free access for its agricultural products under Agoa.

Losing the duty-free status afforded by Agoa could affect US orders for South African citrus, which were valued at $57m through the first nine months of this year; macadamia nuts, worth $43m in 2014; and wine, worth $33m in 2014.

According the US International Trade Commission’s website, the "normal trade relations" duty on shelled macadamia nuts is $0.05/kg; on citrus, $0.019/kg; and on wine, $0.063 a litre.

However, the weakness of the rand against the dollar could mitigate the effect of duties on the competitiveness of those products in the US market.

"I am taking this step because South Africa continues to impose several longstanding barriers to US trade, including barriers affecting certain agricultural exports," Mr Obama said in a letter announcing his decision to Congressional leaders.

"I have determined that South Africa is not making continual progress toward the elimination of barriers to US trade and investment as required by section 104 of Agoa."

In renewing Agoa for 10 years last June, Congress ordered the office of the US Trade Representative to undertake an "out of cycle review" of whether South Africa, by far the largest user of Agoa benefits, was eligible to continue enjoying them.

This was primarily on the initiative of senators from states with large poultry interests chafing against the antidumping duties South Africa imposed on US chicken wings and drumsticks in 2000.

The senators, Chris Coons of Delaware and Johnny Isakson of Georgia, encountered no opposition, reflecting broader bipartisan concern about South Africa’s treatment of US exporters and investors.

Without going into detail, Mr Obama did not limit his reasons for threatening suspension of SA’s Agoa benefits to what the US sees as foot-dragging on undertakings to open the South African market to US chicken, beef and pork.

US officials have indicated that if President Jacob Zuma were to sign the Private Security Industry Regulations Amendment Act as it stands, South Africa could lose Agoa privileges on the grounds that US companies would face de facto expropriation.

In a separate statement, the US Trade Representative focused exclusively on the meat issues. It said the president would reimpose normal duties on currently tariff-exempt South African farm products "unless South Africa meets certain benchmarks to eliminate barriers" to US exports of the three meats.

In Paris in July a deal was struck under which US exporters were to be allowed to sell South Africa 65,000 tonnes a year of the contentious chicken parts before punitive antidumping tariffs kicked in.

The agreement was subsequently undermined by ongoing South African bans on imports of US all poultry, plus beef and certain pork cuts, on grounds of animal health and food safety — grounds the US regards as specious.

The US Trade Representative said that following the launch of the eligibility review on July 21, South Africa had "committed to benchmarks on poultry, pork and beef that it would need to meet in order to demonstrate compliance" with Agoa.

"South Africa failed to meet October 15 benchmarks related to US poultry, including finalising an avian influenza trade protocol for the export of US poultry meat, as well as a US Department of Agriculture export certificate for poultry to enable poultry shipments to occur by the end of the year."

Mr Coons and Mr Isakson, in a statement hailing Mr Obama’s announcement, said South Africa had been slow to meet commitments it made in Paris.

"South Africa does not deserve to receive benefits under Agoa as long as they refuse to drop unfair trade policies that have effectively slammed the door on American chicken imports for over a decade.

"There is still time to address these issues, and we hope the president’s action today spurs South Africa to open their market to American poultry immediately."

In renewing Agoa, Congress gave the US Trade Representative and the White House the option — which they are now threatening to exercise — of suspending noncompliant countries’ benefits on a product-by-product basis. Previously, countries were either in or out.

The US Chamber of Commerce and other US business groups have urged the US Trade Representative to keep South Africa in Agoa despite some of their members’ frustration with South African policy.

Ahead of the US move, Trade and Industry Minister Rob Davies told Parliament’s trade and industry portfolio committee that South Africa had sent the US proposals to settle outstanding issues and was awaiting a response.

The US has now responded.

Read related news articles

Key provisions of the US’s AGOA Improvement Act

The office of the US trade representative has been leading the 2024 US-Sub-Saharan Africa Trade & Economic Co-operation African Growth & Opportunity Act (Agoa) Forum in Washington this week. Convening under the theme “Beyond 2025: Reimagining Agoa for an Inclusive, Sustainable and Prosperous Tomorrow”, the forum brings together senior government officials from the US and Agoa-eligible countries, as well as representatives from...

26 July 2024

New government of national unity gives South Africa a honeymoon period for keeping its AGOA status, say analysts

New Trade and Industry Minister Parks Tau is fighting for South Africa's continued participation in AGOA at the AGOA Forum in Washington this week. The formation of the Government of National Unity (GNU) has secured South Africa a “honeymoon period” for retaining its privileged access to US markets under the African Growth and Opportunity Act (Agoa). This is the view of US politicians and South African trade analysts on the eve of the...

23 July 2024

Rosa Whitaker: 'America can't be first if we keep putting Africa last'

Given the press of events closer to home, Africa is hardly top of mind in Washington right now. That President Joe Biden's foreign policy, economic and trade A-team is meeting with its African counterparts here this week is unlikely to change that. In a more rational world, it would. The meeting is the 21st AGOA Forum, named after the African Growth and Opportunity Act, requires that the get-together be held annually. This year's session is...

23 July 2024

South Africa plans US mission to lobby against US review of ties

South Africa’s newly formed government will use an upcoming forum on US preferential trade access to push back against a Senate review of ties between the two countries. The House of Representatives last month passed a law requiring a full assessment off bilateral relations and submitted it to the Senate for approval. South African business lobby groups have warned the legislation threatens to curb trade with the world’s biggest economy...

15 July 2024

How access to US market changed the fortunes of two South African sisters

Two entrepreneurs take traditional African designs and sustainable materials and turn them into international success What started as a pastime desire to sell crafts at local markets, deeply rooted in the South African culture, has since blossomed to become an international business entity for two local women.It took the Mokone sisters, Morongwe "Mo" (37) and Michelle (34), three years only to turn around their home decor business into an...

01 July 2024

US-Africa trade deal turns 25 next year: AGOA's winners, losers and what should come next

The African Growth and Opportunity Act (Agoa) is a landmark piece of trade legislation enacted by the United States in 2000. Its goal is to promote economic growth, development and poverty reduction in sub-Saharan Africa by providing qualifying countries with duty-free access to the US market for over 6,500 products. By eliminating import tariffs and quotas, Agoa aims to stimulate trade, attract foreign investment and foster economic...

06 May 2024

African trade coalition backs AGOA 16-year renewal bill to boost trade prospects

The African Coalition for Trade (ACT) has voiced its support for the African Growth and Opportunity Act (AGOA) Renewal and Improvement Act of 2024 and credits the bill with creating hundreds of thousands of direct jobs in Africa and the US. The AGOA Renewal and Improvement Act of 2024 which was introduced by Senators Chris Coons and James Risch would extend the bill for 16 years until 2041 and continue to boost Africa’s duty-free status as...

18 April 2024

US apparel and footwear industry supports 16 year AGOA renewal

The American Apparel & Footwear Association applauds Senator Chris Coons (D-DE) and Senator James Risch (R-ID) for introducing the AGOA Renewal and Improvement Act of 2024.Currently set to expire in September 2025, AGOA is a pivotal trade preference program that provides duty-free access to the U.S. market, fostering economic growth and opportunity between the U.S. and eligible African countries. This program is the cornerstone of...

11 April 2024

US senators introduce bill to renew Africa trade pact through 2041 [Download copy]

A bipartisan group of senators will introduce a bill to renew the United States' trade pact with sub-Saharan Africa ahead of its expiration next year, an aide to one of the senators said on Thursday.  [    Download it here and download a summary here] The bill was introduced by Senators Chris Coons, a Democrat, and James Risch, the top Republican on the Senate Foreign Relations Committee. A cross-party group of...

11 April 2024

US manufacturing subsidies for Africa could help revive AGOA

Experts at the Center for Global Development argue that the unconventional approach could bring billions in new trade opportunities and would fit with US “friend-shoring” efforts. The US should pay ‘negative tariffs’ in Africa – essentially targeted manufacturing subsidies – to help revive its faltering African Growth and Opportunity Act (AGOA),  according to a new report from the Washington-based Center for Global...

05 April 2024

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

You are here: Home/News/Article/South Africa has 60 days before Obama revokes certain AGOA privileges