Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "19 U.S.C. § 3702"
description: "Statement of policy"
jurisdiction: "us"
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title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "23"
chapter_name: "EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA"
section: "3702"
citation: "19 U.S.C. § 3702"
status: "current"
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release_date: "2026-06-26"
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---
# 19 U.S.C. § 3702 - Statement of policy
## Text
Congress supports—
(1) encouraging increased trade and investment between the United States and sub-Saharan Africa;
(2) reducing tariff and nontariff barriers and other obstacles to sub-Saharan African and United States trade;
(3) expanding United States assistance to sub-Saharan Africas regional integration efforts;
(4) negotiating reciprocal and mutually beneficial trade agreements, including the possibility of establishing free trade areas that serve the interests of both the United States and the countries of sub-Saharan Africa;
(5) focusing on countries committed to the rule of law, economic reform, and the eradication of poverty;
(6) strengthening and expanding the private sector in sub-Saharan Africa, especially enterprises owned by women and small businesses;
(7) facilitating the development of civil societies and political freedom in sub-Saharan Africa;
(8) establishing a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum;
(9) the accession of the countries in sub-Saharan Africa to the Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and
(10) promoting the role of women in social, political, and economic development in sub-Saharan Africa.
(Pub. L. 106200, title I, § 103, May 18, 2000, 114 Stat. 253; Pub. L. 11427, title I, § 106(a), June 29, 2015, 129 Stat. 368.)
## Notes
Editorial Notes
Amendments2015—Par. (10). Pub. L. 11427 added par. (10).
@@ -0,0 +1,65 @@
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# 19 U.S.C. § 3703 - Eligibility requirements
## Text
The President is authorized to designate a sub-Saharan African country as an eligible sub-Saharan African country if the President determines that the country—
(1) has established, or is making continual progress toward establishing—
(A) a market-based economy that protects private property rights for men and women, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets;
(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;
(C) the elimination of barriers to United States trade and investment, including by—
(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment;
(ii) the protection of intellectual property; and
(iii) the resolution of bilateral trade and investment disputes;
(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs;
(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and
(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;
(2) does not engage in activities that undermine United States national security or foreign policy interests; and
(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.
(Pub. L. 106200, title I, § 104, May 18, 2000, 114 Stat. 254; Pub. L. 11427, title I, §§ 106(b), 111, June 29, 2015, 129 Stat. 368, 370.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 11427, § 111, struck out subsec. (a) designation and heading before “The President is authorized” and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “If the President determines that an eligible sub-Saharan African country is not making continual progress in meeting the requirements described in subsection (a)(1) of this section, the President shall terminate the designation of the country made pursuant to subsection (a) of this section.” Subsec. (a)(1)(A). Pub. L. 11427, § 106(b), inserted “for men and women” after “rights”.
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# 19 U.S.C. § 3704 - United States-Sub-Saharan Africa Trade and Economic Cooperation Forum
## Text
(a) Declaration of policy The President shall convene annual high-level meetings between appropriate officials of the United States Government and officials of the governments of sub-Saharan African countries in order to foster close economic ties between the United States and sub-Saharan Africa.
(b) Establishment Not later than 12 months after May 18, 2000, the President, after consulting with Congress and the governments concerned, shall establish a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum (in this section referred to as the “Forum”).
(c) Requirements In creating the Forum, the President shall meet the following requirements:
(1) The President shall direct the Secretary of Commerce, the Secretary of the Treasury, the Secretary of State, and the United States Trade Representative to host the first annual meeting with their counterparts from the governments of sub-Saharan African countries eligible under section 3703 of this title, and those sub-Saharan African countries that the President determines are taking substantial positive steps towards meeting the eligibility requirements in section 3703 of this title. The purpose of the meeting shall be to discuss expanding trade and investment relations between the United States and sub-Saharan Africa and the implementation of this chapter including encouraging joint ventures between small and large businesses. The President shall also direct the Secretaries and the United States Trade Representative to invite to the meeting representatives from appropriate sub-Saharan African regional organizations and government officials from other appropriate countries in sub-Saharan Africa.
(2) (A) The President, in consultation with the Congress, shall encourage United States nongovernmental organizations to host annual meetings with nongovernmental organizations from sub-Saharan Africa in conjunction with the annual meetings of the Forum for the purpose of discussing the issues described in paragraph (1).
(B) The President, in consultation with the Congress, shall encourage United States representatives of the private sector to host annual meetings with representatives of the private sector from sub-Saharan Africa in conjunction with the annual meetings of the Forum for the purpose of discussing the issues described in paragraph (1).
(3) The President shall, to the extent practicable, meet with the heads of governments of sub-Saharan African countries eligible under section 3703 of this title, and those sub-Saharan African countries that the President determines are taking substantial positive steps toward meeting the eligibility requirements in section 3703 of this title, not less than once every 2 years for the purpose of discussing the issues described in paragraph (1). The first such meeting should take place not later than 12 months after May 18, 2000.
(d) Dissemination of information by USIS In order to assist in carrying out the purposes of the Forum, the United States Information Service shall disseminate regularly, through multiple media, economic information in support of the free market economic reforms described in this chapter.
(e) HIV/AIDS effect on the sub-Saharan African workforce In selecting issues of common interest to the United States-Sub-Saharan Africa Trade and Economic Cooperation Forum, the President shall instruct the United States delegates to the Forum to promote a review by the Forum of the HIV/AIDS epidemic in each sub-Saharan African country and the effect of the HIV/AIDS epidemic on economic development in each country.
(Pub. L. 106200, title I, § 105, May 18, 2000, 114 Stat. 255.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (c)(1) and (d), was in the original “this title”, meaning title I of Pub. L. 106200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables.
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# 19 U.S.C. § 3705 - Reporting requirement
## Text
The President shall submit to the Congress, not later than 1 year after May 18, 2000, and annually thereafter through 2008, a comprehensive report on the trade and investment policy of the United States for sub-Saharan Africa, and on the implementation of this chapter and the amendments made by this chapter.
(Pub. L. 106200, title I, § 106, May 18, 2000, 114 Stat. 256.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 106200, May 18, 2000, 114 Stat. 252, which enacted this chapter and sections 2466a and 2466b of this title and amended section 2463 of this title and former section 2193 and section 2293 of Title 22, Foreign Relations and Intercourse. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables.
Statutory Notes and Related Subsidiaries
Reports on Implementation and Potential Trade AgreementsPub. L. 11427, title I, § 110, June 29, 2015, 129 Stat. 370, provided that: “(a) Implementation Report.—“(1) In general.—Not later than 1 year after the date of the enactment of this Act [June 29, 2015], and biennially thereafter, the President shall submit to Congress a report on the trade and investment relationship between the United States and sub-Saharan African countries and on the implementation of this title [see Short Title of 2015 Amendment note set out under section 3701 of this title] and the amendments made by this title. “(2) Matters to be included.—The report required by paragraph (1) shall include the following:“(A) A description of the status of trade and investment between the United States and sub-Saharan Africa, including information on leading exports to the United States from sub-Saharan African countries. “(B) Any changes in eligibility of sub-Saharan African countries during the period covered by the report. “(C) A detailed analysis of whether each such beneficiary sub-Saharan African country is continuing to meet the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act [19 U.S.C. 3703] and the eligibility criteria set forth in section 502 of the Trade Act of 1974 [19 U.S.C. 2462]. “(D) A description of the status of regional integration efforts in sub-Saharan Africa. “(E) A summary of United States trade capacity building efforts. “(F) Any other initiatives related to enhancing the trade and investment relationship between the United States and sub-Saharan African countries. “(b) Potential Trade Agreements Report.—Not later than 1 year after the date of the enactment of this Act, and every 5 years thereafter, the United States Trade Representative shall submit to Congress a report that—“(1) identifies sub-Saharan African countries that have a [sic] expressed an interest in entering into a free trade agreement with the United States; “(2) evaluates the viability and progress of such sub-Saharan African countries and other sub-Saharan African countries toward entering into a free trade agreement with the United States; and “(3) describes a plan for negotiating and concluding such agreements, which includes the elements described in subparagraphs (A) through (E) of section 116(b)(2) of the African Growth and Opportunity Act [19 U.S.C. 3723(b)(2)]. “(c) Termination.—The reporting requirements of this section shall cease to have any force or effect after September 30, 2025.” [Functions of President under section 110(a) of Pub. L. 11427, set out above, assigned to United States Trade Representative, in consultation with Secretary of State, see Ex. Ord. No. 13720, § 1(d), Feb. 26, 2016, 81 F.R. 11089, set out as a note under section 2466a of this title.] [For definitions of “beneficiary sub-Saharan African country” and “sub-Saharan African country” as used in section 110 of Pub. L. 11427, set out above, see section 112 of Pub. L. 11427, set out as a note under section 3701 of this title.]
Executive Documents
Delegation of Functions Functions of President under this section delegated to United States Trade Representative by section 1(b) of Ex. Ord. No. 13346, July 8, 2004, 69 F.R. 41905, set out as a note under section 301 of Title 3, The President.
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# 19 U.S.C. § 3706 - Sub-Saharan Africa defined
## Text
For purposes of this chapter, the terms “sub-Saharan Africa”, “sub-Saharan African country”, “country in sub-Saharan Africa”, and “countries in sub-Saharan Africa” refer to the following or any successor political entities: Republic of Angola (Angola). Republic of Benin (Benin). Republic of Botswana (Botswana). Burkina Faso (Burkina). Republic of Burundi (Burundi). Republic of Cameroon (Cameroon). Republic of Cape Verde (Cape Verde). Central African Republic. Republic of Chad (Chad). Federal Islamic Republic of the Comoros (Comoros). Democratic Republic of Congo. Republic of the Congo (Congo). Republic of Côte dIvoire (Côte dIvoire). Republic of Djibouti (Djibouti). Republic of Equatorial Guinea (Equatorial Guinea). State of Eritrea (Eritrea). Ethiopia. Gabonese Republic (Gabon). Republic of the Gambia (Gambia). Republic of Ghana (Ghana). Republic of Guinea (Guinea). Republic of Guinea-Bissau (Guinea-Bissau). Republic of Kenya (Kenya). Kingdom of Lesotho (Lesotho). Republic of Liberia (Liberia). Republic of Madagascar (Madagascar). Republic of Malawi (Malawi). Republic of Mali (Mali). Islamic Republic of Mauritania (Mauritania). Republic of Mauritius (Mauritius). Republic of Mozambique (Mozambique). Republic of Namibia (Namibia). Republic of Niger (Niger). Federal Republic of Nigeria (Nigeria). Republic of Rwanda (Rwanda). Democratic Republic of Sao Tomé and Principe (Sao Tomé and Principe). Republic of Senegal (Senegal). Republic of Seychelles (Seychelles). Republic of Sierra Leone (Sierra Leone). Somalia. Republic of South Africa (South Africa). Republic of South Sudan (South Sudan). Republic of Sudan (Sudan). Kingdom of Swaziland (Swaziland). United Republic of Tanzania (Tanzania). Republic of Togo (Togo). Republic of Uganda (Uganda). Republic of Zambia (Zambia). Republic of Zimbabwe (Zimbabwe).
(Pub. L. 106200, title I, § 107, May 18, 2000, 114 Stat. 256; Pub. L. 112163, § 1(b), Aug. 10, 2012, 126 Stat. 1274.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112163 inserted item relating to the Republic of South Sudan.
@@ -0,0 +1,67 @@
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# 19 U.S.C. § 3707 - Activities in support of transparency
## Text
(a) AGOA Website (1) In general The President shall establish a publicly available website for the collection and dissemination of information regarding the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.).
(2) Contents The President shall publish on the AGOA Website the information described in paragraph (1), including—
(A) information and technical assistance provided at United States Agency for International Development regional trade hubs; and
(B) a link to the websites of United States embassies located in eligible sub-Saharan African countries.
(3) Actions by United States embassies The Secretary of State should direct United States embassies located in eligible sub-Saharan African countries to—
(A) encourage individuals and businesses in such countries to use the benefits available under the African Growth and Opportunity Act; and
(B) include a link to the AGOA Website on the websites of such diplomatic missions.
(b) AGOA Forum After each meeting of the United StatesSub-Saharan Africa Trade and Economic Cooperation Forum, the President should publish on the AGOA Website the following:
(1) The outcomes of the meeting of the Forum, including any commitments made by member countries and the private sector.
(2) An assessment of progress made with respect to any commitments made by member countries and the private sector from the previous meeting of the Forum.
(c) Other information The President should disseminate the information required under this section in a digital format to the public and publish such information on the AGOA Website.
(Pub. L. 115167, title I, § 103, Apr. 23, 2018, 132 Stat. 1277.)
## Notes
Editorial Notes
References in TextThe African Growth and Opportunity Act, referred to in subsec. (a)(1), (3)(A), is title I of Pub. L. 106200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.
Codification Section was enacted as part of the African Growth and Opportunity Act and Millennium Challenge Act Modernization Act, also known as the AGOA and MCA Modernization Act, and not as part of the African Growth and Opportunity Act which enacted this chapter.
Statutory Notes and Related Subsidiaries
Definitions Pub. L. 115167, title I, § 102, Apr. 23, 2018, 132 Stat. 1277, provided that: “In this title [enacting this section and provisions set out as a note under section 3701 of this title]— “(1) Agoa website.—The term AGOA Website means the website established pursuant to section 103(a) [19 U.S.C. 3707(a)]. “(2) Eligible sub-saharan african country.—The term eligible sub-Saharan African country means a country that the President has determined meets the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703).”
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# 19 U.S.C. § 3722 - Protections against transshipment
## Text
(a) Preferential treatment conditioned on enforcement measures (1) In general The preferential treatment under section 3721(a) of this title shall not be provided to textile and apparel articles that are imported from a beneficiary sub-Saharan African country unless that country—
(A) has adopted an effective visa system, domestic laws, and enforcement procedures applicable to covered articles to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States;
(B) has enacted legislation or promulgated regulations that would permit United States Customs Service verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country;
(C) agrees to report, on a timely basis, at the request of the United States Customs Service, on the total exports from and imports into that country of covered articles, consistent with the manner in which the records are kept by that country;
(D) will cooperate fully with the United States to address and take action necessary to prevent circumvention as provided in Article 5 of the Agreement on Textiles and Clothing;
(E) agrees to require all producers and exporters of covered articles in that country to maintain complete records of the production and the export of covered articles, including materials used in the production, for at least 2 years after the production or export (as the case may be); and
(F) agrees to report, on a timely basis, at the request of the United States Customs Service, documentation establishing the country of origin of covered articles as used by that country in implementing an effective visa system.
(2) Country of origin documentation For purposes of paragraph (1)(F), documentation regarding the country of origin of the covered articles includes documentation such as production records, information relating to the place of production, the number and identification of the types of machinery used in production, the number of workers employed in production, and certification from both the manufacturer and the exporter.
(b) Customs procedures and enforcement (1) In general (A) Regulations Any importer that claims preferential treatment under section 3721 of this title shall comply with customs procedures similar in all material respects to the requirements of article 5.4.1 of the USMCA as implemented pursuant to United States law, in accordance with regulations promulgated by the Secretary of the Treasury.
(B) Determination (i) In general In order to qualify for the preferential treatment under section 3721 of this title and for a Certificate of Origin to be valid with respect to any article for which such treatment is claimed, there shall be in effect a determination by the President that each country described in clause (ii)—
(I) has implemented and follows; or
(II) is making substantial progress toward implementing and following,
procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the USMCA.
(ii) Country described A country is described in this clause if it is a beneficiary sub-Saharan African country—
(I) from which the article is exported; or
(II) in which materials used in the production of the article originate or in which the article or such materials, undergo production that contributes to a claim that the article is eligible for preferential treatment.
(2) Certificate of Origin The Certificate of Origin that otherwise would be required pursuant to the provisions of paragraph (1) shall not be required in the case of an article imported under section 3721 of this title if such Certificate of Origin would not be required under article 5.5 of the USMCA (as implemented pursuant to United States law), if the article were imported from Mexico.
(3) Penalties for exporters If the President determines, based on sufficient evidence, that an exporter has engaged in transshipment as defined in paragraph (4), then the President shall deny for a period of 5 years all benefits under section 3721 of this title to such exporter, any successor of such exporter, and any other entity owned or operated by the principal of the exporter.
(4) Transshipment described Transshipment within the meaning of this subsection has occurred when preferential treatment for a textile or apparel article under this chapter 11 See References in Text note below. has been claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of this paragraph, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under section 3721 of this title.
(5) Monitoring and reports to Congress The Customs Service shall monitor and the Commissioner of U.S. Customs and Border Protection shall submit to Congress, not later than March 31 of each year, a report on the effectiveness of the visa systems and the implementation of legislation and regulations described in subsection (a) and on measures taken by countries in sub-Saharan Africa which export textiles or apparel to the United States to prevent circumvention as described in Article 5 of the Agreement on Textiles and Clothing.
(c) Customs Service enforcement The Customs Service shall—
(1) make available technical assistance to the beneficiary sub-Saharan African countries—
(A) in the development and implementation of visa systems, legislation, and regulations described in subsection (a)(1)(A); and
(B) to train their officials in anti-transshipment enforcement;
(2) send production verification teams to at least four beneficiary sub-Saharan African countries each year; and
(3) to the extent feasible, place beneficiary sub-Saharan African countries on the Electronic Visa (ELVIS) program.
(d) Authorization of appropriations There is authorized to be appropriated to carry out subsection (c) the sum of $5,894,913.
(Pub. L. 106200, title I, § 113, May 18, 2000, 114 Stat. 263; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210; Pub. L. 116260, div. O, title VI, § 602(a)(2), Dec. 27, 2020, 134 Stat. 2152.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b)(4), was in the original “this Act”, and was translated as reading “this title”, meaning title I of Pub. L. 106200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables.
Amendments2020—Subsec. (b)(1)(A). Pub. L. 116260, § 602(a)(2)(A)(i), substituted “article 5.4.1 of the USMCA” for “Article 502(1) of the NAFTA”. Subsec. (b)(1)(B)(i). Pub. L. 116260, § 602(a)(2)(A)(ii), substituted “chapter 5 of the USMCA” for “chapter 5 of the NAFTA” in concluding provisions. Subsec. (b)(2). Pub. L. 116260, § 602(a)(2)(B), substituted “article 5.5 of the USMCA” for “Article 503 of the NAFTA”.
Statutory Notes and Related Subsidiaries
Change of Name “Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (b)(5) on authority of section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Effective Date of 2020 AmendmentAmendment by Pub. L. 116260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116260, set out as a note under section 2578b of this title.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Delegation of Authority Authority of President under subsec. (b)(3) of this section delegated to the Committee for the Implementation of Textile Agreements by section 4 of Ex. Ord. No. 13191, Jan. 17, 2001, 66 F.R. 7271, set out as a note under section 2703 of this title.
Proc. No. 7350. To Implement the African Growth and Opportunity Act and To Designate Eritrea as a Beneficiary Developing Country for Purposes of the Generalized System of Preferences Proc. No. 7350, Oct. 2, 2000, 65 F.R. 59321, provided in par. (4) that the United States Trade Representative is authorized to determine whether each designated beneficiary sub-Saharan African country has satisfied the requirements of section 3722(a) of this title, relating to the establishment of procedures to protect against unlawful transshipments and section 3722(b)(1)(B) of this title relating to the implementation of procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the North American Free Trade Agreement (NAFTA), is directed to set forth the determination in a notice to be published in the Federal Register which notice shall modify the Harmonized Tariff Schedule of the United States (HTS) by listing the countries that satisfy the requirements of sections 3722(a) and 3722(b)(1)(B) of this title, and is authorized to exercise the authority provided to the President under section 2483 of this title to embody modifications and technical or conforming changes in the HTS.
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# 19 U.S.C. § 3723 - Free trade agreements with sub-Saharan African countries
## Text
(a) Declaration of policy Congress declares that free trade agreements should be negotiated, where feasible, with interested countries in sub-Saharan Africa, in order to serve as the catalyst for increasing trade between the United States and sub-Saharan Africa and increasing private sector investment in sub-Saharan Africa.
(b) Plan requirement (1) In general The President, taking into account the provisions of the treaty establishing the African Economic Community and the willingness of the governments of sub-Saharan African countries to engage in negotiations to enter into free trade agreements, shall develop a plan for the purpose of negotiating and entering into one or more trade agreements with interested beneficiary sub-Saharan African countries.
(2) Elements of plan The plan shall include the following:
(A) The specific objectives of the United States with respect to negotiations described in paragraph (1) and a suggested timetable for achieving those objectives.
(B) The benefits to both the United States and the relevant sub-Saharan African countries with respect to the applicable free trade agreement or agreements.
(C) A mutually agreed-upon timetable for the negotiations.
(D) The implications for and the role of regional and sub-regional organizations in sub-Saharan Africa with respect to such free trade agreement or agreements.
(E) Subject matter anticipated to be covered by the negotiations and United States laws, programs, and policies, as well as the laws of participating eligible African countries and existing bilateral and multilateral and economic cooperation and trade agreements, that may be affected by the agreement or agreements.
(F) Procedures to ensure the following:
(i) Adequate consultation with the Congress and the private sector during the negotiations.
(ii) Consultation with the Congress regarding all matters relating to implementation of the agreement or agreements.
(iii) Approval by the Congress of the agreement or agreements.
(iv) Adequate consultations with the relevant African governments and African regional and subregional intergovernmental organizations during the negotiation of the agreement or agreements.
(c) Reporting requirement Not later than 12 months after May 18, 2000, the President shall prepare and transmit to the Congress a report containing the plan developed pursuant to subsection (b).
(Pub. L. 106200, title I, § 116, May 18, 2000, 114 Stat. 266.)
## Notes
Statutory Notes and Related Subsidiaries
Coordination of Efforts To Develop Free Trade Agreements With Sub-Saharan African CountriesPub. L. 114328, div. A, title XII, § 1293, Dec. 23, 2016, 130 Stat. 2560, as amended by Pub. L. 115232, div. A, title XII, § 1289, Aug. 13, 2018, 132 Stat. 2081, provided that: “(a) Coordination Between the United States Trade Representative and Other Agencies.—The United States Trade Representative shall consult and coordinate with other relevant Federal agencies to assist countries identified under paragraph (1) of section 110(b) of the Trade Preferences Extension Act of 2015 (Public Law 11427; 129 Stat. 370; 19 U.S.C. 3705 note) in the most recent report required by that section, including through the deployment of resources from those agencies to such countries and through trade capacity building, in addressing the plan developed under paragraph (3) of that section. “(b) Coordination of USAID With Free Trade Agreement Policy.—“(1) Authorization of funds.—Funds made available to the United States Agency for International Development under section 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2293) after the date of the enactment of this Act [Dec. 23, 2016] may be used, in consultation with the United States Trade Representative—“(A) to assist eligible countries, including by deploying resources to such countries, in addressing the plan developed under section 116(b) of the African Growth and Opportunity Act (19 U.S.C. 3723(b)); and “(B) to assist eligible countries in the implementation of the commitments of those countries under agreements with the United States and under the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act (19 U.S.C. 3501(9))) and agreements annexed to the WTO Agreement. “(2) Definitions.—In this subsection:“(A) Eligible country.—The term eligible country means a sub-Saharan African country that receives—“(i) benefits under the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.); and “(ii) funding from the United States Agency for International Development. “(B) Sub-saharan african country.—The term sub-Saharan African country has the meaning given that term in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706). “(c) Coordination With Millennium Challenge Corporation.—“(1) In general.—After the date of the enactment of this subsection [Aug. 13, 2018], with respect to those countries identified under section 110(b)(1) of the Trade Preferences Extension Act of 2015 (Public Law 11427; 129 Stat. 370; 19 U.S.C. 3705 note) that also meet the country description in paragraph (2), the United States Trade Representative shall consult and coordinate with the Millennium Challenge Corporation and the United States Agency for International Development for the purpose of developing and carrying out the plan required by section 116(b) of the African Growth and Opportunity Act (19 U.S.C. 3723(b)). “(2) Country description.—A country is described in this paragraph if the country—“(A) has entered into a Millennium Challenge Compact pursuant to section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708); or “(B) is selected by the Board of Directors of the Millennium Challenge Corporation under subsection (c) of section 607 of that Act (22 U.S.C. 7706) from among the countries determined to be eligible countries under subsection (a) of that section.”
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# 19 U.S.C. § 3724 - Assistant United States Trade Representative for African Affairs
## Text
It is the sense of the Congress that—
(1) the position of Assistant United States Trade Representative for African Affairs is integral to the United States commitment to increasing United States-sub-Saharan African trade and investment;
(2) the position of Assistant United States Trade Representative for African Affairs should be maintained within the Office of the United States Trade Representative to direct and coordinate interagency activities on United States-Africa trade policy and investment matters and serve as—
(A) a primary point of contact in the executive branch for those persons engaged in trade between the United States and sub-Saharan Africa; and
(B) the chief advisor to the United States Trade Representative on issues of trade and investment with Africa; and
(3) the United States Trade Representative should have adequate funding and staff to carry out the duties of the Assistant United States Trade Representative for African Affairs described in paragraph (2), subject to the availability of appropriations.
(Pub. L. 106200, title I, § 117, May 18, 2000, 114 Stat. 267.)
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# 19 U.S.C. § 3731 - Sense of the Congress regarding comprehensive debt relief for the worlds poorest countries
## Text
(a) Findings Congress makes the following findings:
(1) The burden of external debt has become a major impediment to economic growth and poverty reduction in many of the worlds poorest countries.
(2) Until recently, the United States Government and other official creditors sought to address this problem by rescheduling loans and in some cases providing limited debt reduction.
(3) Despite such efforts, the cumulative debt of many of the worlds poorest countries continued to grow beyond their capacity to repay.
(4) In 1997, the Group of Seven, the World Bank, and the International Monetary Fund adopted the Heavily Indebted Poor Countries Initiative (HIPC), a commitment by the international community that all multilateral and bilateral creditors, acting in a coordinated and concerted fashion, would reduce poor country debt to a sustainable level.
(5) The HIPC Initiative is currently undergoing reforms to address concerns raised about country conditionality, the amount of debt forgiven, and the allocation of savings realized through the debt forgiveness program to ensure that the Initiative accomplishes the goals of economic growth and poverty alleviation in the worlds poorest countries.
(b) Sense of the Congress It is the sense of the Congress that—
(1) Congress and the President should work together, without undue delay and in concert with the international community, to make comprehensive debt relief available to the worlds poorest countries in a manner that promotes economic growth and poverty alleviation;
(2) this program of bilateral and multilateral debt relief should be designed to strengthen and expand the private sector, encourage increased trade and investment, support the development of free markets, and promote broad-scale economic growth in beneficiary countries;
(3) this program of debt relief should also support the adoption of policies to alleviate poverty and to ensure that benefits are shared widely among the population, such as through initiatives to advance education, improve health, combat AIDS, and promote clean water and environmental protection;
(4) these debt relief agreements should be designed and implemented in a transparent manner and with the broad participation of the citizenry of the debtor country and should ensure that country circumstances are adequately taken into account;
(5) no country should receive the benefits of debt relief if that country does not cooperate with the United States on terrorism or narcotics enforcement, is a gross violator of the human rights of its citizens, or is engaged in conflict or spends excessively on its military; and
(6) in order to prevent adverse impact on a key industry in many developing countries, the International Monetary Fund must mobilize its own resources for providing debt relief to eligible countries without allowing gold to reach the open market, or otherwise adversely affecting the market price of gold.
(Pub. L. 106200, title I, § 121, May 18, 2000, 114 Stat. 267.)
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# 19 U.S.C. § 3732 - Executive branch initiatives
## Text
(a) Statement of the Congress The Congress recognizes that the stated policy of the executive branch in 1997, the “Partnership for Growth and Opportunity in Africa” initiative, is a step toward the establishment of a comprehensive trade and development policy for sub-Saharan Africa. It is the sense of the Congress that this Partnership is a companion to the policy goals set forth in this chapter.
(b) Technical assistance to promote economic reforms and development In addition to continuing bilateral and multilateral economic and development assistance, the President shall target technical assistance toward—
(1) developing relationships between United States firms and firms in sub-Saharan Africa through a variety of business associations and networks;
(2) providing assistance to the governments of sub-Saharan African countries to—
(A) liberalize trade and promote exports;
(B) bring their legal regimes into compliance with the standards of the World Trade Organization in conjunction with membership in that Organization;
(C) make financial and fiscal reforms; and
(D) promote greater agribusiness linkages;
(3) addressing such critical agricultural policy issues as market liberalization, agricultural export development, and agribusiness investment in processing and transporting agricultural commodities;
(4) increasing the number of reverse trade missions to growth-oriented countries in sub-Saharan Africa;
(5) increasing trade in services; and
(6) encouraging greater sub-Saharan African participation in future negotiations in the World Trade Organization on services and making further commitments in their schedules to the General Agreement on Trade in Services in order to encourage the removal of tariff and nontariff barriers.
(Pub. L. 106200, title I, § 122, May 18, 2000, 114 Stat. 268.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 106200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables.
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# 19 U.S.C. § 3733 - Overseas Private Investment Corporation initiatives
## Text
(a) Initiation of funds It is the sense of the Congress that the Overseas Private Investment Corporation 11 See Transfer of Functions note below. should exercise the authorities it has to initiate an equity fund or equity funds in support of projects in the countries in sub-Saharan Africa, in addition to the existing equity fund for sub-Saharan Africa created by the Corporation.
(b) Structure and types of funds (1) Structure Each fund initiated under subsection (a) should be structured as a partnership managed by professional private sector fund managers and monitored on a continuing basis by the Corporation.
(2) Capitalization Each fund should be capitalized with a combination of private equity capital, which is not guaranteed by the Corporation, and debt for which the Corporation provides guaranties.
(3) Infrastructure fund One or more of the funds, with combined assets of up to $500,000,000, should be used in support of infrastructure projects in countries of sub-Saharan Africa.
(4) Emphasis The Corporation shall ensure that the funds are used to provide support in particular to women entrepreneurs and to innovative investments that expand opportunities for women and maximize employment opportunities for poor individuals.
(c) Overseas Private Investment Corporation (1) Omitted
(2) Reports to Congress Within 6 months after May 18, 2000, and annually for each of the 4 years thereafter, the Board of Directors of the Overseas Private Investment Corporation 1 shall submit to Congress a report on the steps that the Board has taken to implement section 2193(e) 22 See References in Text note below. of title 22 and any recommendations of the investment advisory council established pursuant to such section.
(Pub. L. 106200, title I, § 123, May 18, 2000, 114 Stat. 269.)
## Notes
Editorial Notes
References in TextSection 2193(e) of title 22, referred to in subsec. (c)(2), was repealed by Pub. L. 115254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513.
Codification Section is comprised of section 123 of Pub. L. 106200. Subsec. (c)(1) of section 123 of Pub. L. 106200 amended section 2193 of Title 22, Foreign Relations and Intercourse.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Overseas Private Investment Corporation to the United States International Development Finance Corporation and treatment of related references, see sections 9683 and 9686(d) of Title 22, Foreign Relations and Intercourse.
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# 19 U.S.C. § 3734 - Export-Import Bank initiatives
## Text
(a) Sense of the Congress It is the sense of the Congress that the Board of Directors of the Bank shall continue to take comprehensive measures, consistent with the credit standards otherwise required by law, to promote the expansion of the Banks financial commitments in sub-Saharan Africa under the loan, guarantee and insurance programs of the Bank.
(b) Sub-Saharan Africa Advisory Committee The sub-Saharan Africa Advisory Committee (SAAC) is to be commended for aiding the Bank in advancing the economic partnership between the United States and the nations of sub-Saharan Africa by doubling the number of sub-Saharan African countries in which the Bank is open for traditional financing and by increasing by tenfold the Banks support for sales to sub-Saharan Africa from fiscal year 1998 to fiscal year 1999. The Board of Directors of the Bank and its staff shall continue to review carefully the sub-Saharan Africa Advisory Committee recommendations on the development and implementation of new and innovative policies and programs designed to promote the Banks expansion in sub-Saharan Africa.
(Pub. L. 106200, title I, § 124, May 18, 2000, 114 Stat. 270.)
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# 19 U.S.C. § 3735 - Expansion of the United States and Foreign Commercial Service in sub-Saharan Africa
## Text
(a) Findings The Congress makes the following findings:
(1) The United States and Foreign Commercial Service (hereafter in this section referred to as the “Commercial Service”) plays an important role in helping United States businesses identify export opportunities and develop reliable sources of information on commercial prospects in foreign countries.
(2) During the 1980s, the presence of the Commercial Service in sub-Saharan Africa consisted of 14 professionals providing services in eight countries. By early 1997, that presence had been reduced by half to seven professionals in only four countries.
(3) Since 1997, the Department of Commerce has slowly begun to increase the presence of the Commercial Service in sub-Saharan Africa, adding five full-time officers to established posts.
(4) Although the Commercial Service Officers in these countries have regional responsibilities, this kind of coverage does not adequately service the needs of United States businesses attempting to do business in sub-Saharan Africa.
(5) The Congress has, on several occasions, encouraged the Commercial Service to focus its resources and efforts in countries or regions in Europe or Asia to promote greater United States export activity in those markets, and similar encouragement should be provided for countries in sub-Saharan Africa as well.
(6) Because market information is not widely available in many sub-Saharan African countries, the presence of additional Commercial Service Officers and resources can play a significant role in assisting United States businesses in markets in those countries.
(b) Appointments Subject to the availability of appropriations, by not later than December 31, 2001, the Secretary of Commerce, acting through the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, shall take steps to ensure that—
(1) at least 20 full-time Commercial Service employees are stationed in sub-Saharan Africa; and
(2) full-time Commercial Service employees are stationed in not less than 10 different sub-Saharan African countries.
(c) Initiative for sub-Saharan Africa In order to encourage the export of United States goods and services to sub-Saharan African countries, the International Trade Administration shall make a special effort to—
(1) identify United States goods and services which are the best prospects for export by United States companies to sub-Saharan Africa;
(2) identify, where appropriate, tariff and nontariff barriers that are preventing or hindering sales of United States goods and services to, or the operation of United States companies in, sub-Saharan Africa;
(3) hold discussions with appropriate authorities in sub-Saharan Africa on the matters described in paragraphs (1) and (2) with a view to securing increased market access for United States exporters of goods and services;
(4) identify current resource allocations and personnel levels in sub-Saharan Africa for the Commercial Service and consider plans for the deployment of additional resources or personnel to that region; and
(5) make available to the public, through printed and electronic means of communication, the information derived pursuant to paragraphs (1) through (4) for each of the 4 years after May 18, 2000.
(Pub. L. 106200, title I, § 125, May 18, 2000, 114 Stat. 270.)
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# 19 U.S.C. § 3736 - Donation of air traffic control equipment to eligible sub-Saharan African countries
## Text
It is the sense of the Congress that, to the extent appropriate, the United States Government should make every effort to donate to governments of sub-Saharan African countries determined to be eligible under section 3703 of this title air traffic control equipment that is no longer in use, including appropriate related reimbursable technical assistance.
(Pub. L. 106200, title I, § 126, May 18, 2000, 114 Stat. 271.)
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# 19 U.S.C. § 3737 - Additional authorities and increased flexibility to provide assistance under the Development Fund for Africa
## Text
(a) Use of sustainable development assistance to support further economic growth It is the sense of the Congress that sustained economic growth in sub-Saharan Africa depends in large measure upon the development of a receptive environment for trade and investment, and that to achieve this objective the United States Agency for International Development should continue to support programs which help to create this environment. Investments in human resources, development, and implementation of free market policies, including policies to liberalize agricultural markets and improve food security, and the support for the rule of law and democratic governance should continue to be encouraged and enhanced on a bilateral and regional basis.
(b) Declarations of policy The Congress makes the following declarations:
(1) The Development Fund for Africa established under chapter 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2293 et seq.) has been an effective tool in providing development assistance to sub-Saharan Africa since 1988.
(2) The Development Fund for Africa will complement the other provisions of this chapter and lay a foundation for increased trade and investment opportunities between the United States and sub-Saharan Africa.
(3) Assistance provided through the Development Fund for Africa will continue to support programs and activities that promote the long term economic development of sub-Saharan Africa, such as programs and activities relating to the following:
(A) Strengthening primary and vocational education systems, especially the acquisition of middle-level technical skills for operating modern private businesses and the introduction of college level business education, including the study of international business, finance, and stock exchanges.
(B) Strengthening health care systems.
(C) Supporting democratization, good governance and civil society and conflict resolution efforts.
(D) Increasing food security by promoting the expansion of agricultural and agriculture-based industrial production and productivity and increasing real incomes for poor individuals.
(E) Promoting an enabling environment for private sector-led growth through sustained economic reform, privatization programs, and market-led economic activities.
(F) Promoting decentralization and local participation in the development process, especially linking the rural production sectors and the industrial and market centers throughout Africa.
(G) Increasing the technical and managerial capacity of sub-Saharan African individuals to manage the economy of sub-Saharan Africa.
(H) Ensuring sustainable economic growth through environmental protection.
(4) The African Development Foundation has a unique congressional mandate to empower the poor to participate fully in development and to increase opportunities for gainful employment, poverty alleviation, and more equitable income distribution in sub-Saharan Africa. The African Development Foundation has worked successfully to enhance the role of women as agents of change, strengthen the informal sector with an emphasis on supporting micro and small sized enterprises, indigenous technologies, and mobilizing local financing. The African Development Foundation should develop and implement strategies for promoting participation in the socioeconomic development process of grassroots and informal sector groups such as nongovernmental organizations, cooperatives, artisans, and traders into the programs and initiatives established under this chapter.
(Pub. L. 106200, title I, § 127, May 18, 2000, 114 Stat. 272.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (b)(1), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Chapter 10 of part I of the Act is classified generally to part X (§ 2293 et seq.) of subchapter I of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
Codification Section is comprised of section 127 of Pub. L. 106200. Subsec. (c) of section 127 of Pub. L. 106200 amended section 2293 of Title 22, Foreign Relations and Intercourse.
Statutory Notes and Related Subsidiaries
Change of Name African Development Foundation changed to United States African Development Foundation by Pub. L. 11376, div. K, title III, Jan. 17, 2014, 128 Stat. 482. See section 290h1 of Title 22, Foreign Relations and Intercourse.
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# 19 U.S.C. § 3738 - Assistance from United States private sector to prevent and reduce HIV/AIDS in sub-Saharan Africa
## Text
It is the sense of the Congress that United States businesses should be encouraged to provide assistance to sub-Saharan African countries to prevent and reduce the incidence of HIV/AIDS in sub-Saharan Africa. In providing such assistance, United States businesses should be encouraged to consider the establishment of an HIV/AIDS Response Fund in order to provide for coordination among such businesses in the collection and distribution of the assistance to sub-Saharan African countries.
(Pub. L. 106200, title I, § 128, May 18, 2000, 114 Stat. 273.)
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# 19 U.S.C. § 3739 - Sense of the Congress relating to HIV/AIDS crisis in sub-Saharan Africa
## Text
(a) Findings The Congress finds the following:
(1) Sustained economic development in sub-Saharan Africa depends in large measure upon successful trade with and foreign assistance to the countries of sub-Saharan Africa.
(2) The HIV/AIDS crisis has reached epidemic proportions in sub-Saharan Africa, where more than 21,000,000 men, women, and children are infected with HIV.
(3) Eighty-three percent of the estimated 11,700,000 deaths from HIV/AIDS worldwide have been in sub-Saharan Africa.
(4) The HIV/AIDS crisis in sub-Saharan Africa is weakening the structure of families and societies.
(5) (A) The HIV/AIDS crisis threatens the future of the workforce in sub-Saharan Africa.
(B) Studies show that HIV/AIDS in sub-Saharan Africa most severely affects individuals between the ages of 15 and 49—the age group that provides the most support for the economies of sub-Saharan African countries.
(6) Clear evidence demonstrates that HIV/AIDS is destructive to the economies of sub-Saharan African countries.
(7) Sustained economic development is critical to creating the public and private sector resources in sub-Saharan Africa necessary to fight the HIV/AIDS epidemic.
(b) Sense of the Congress It is the sense of the Congress that—
(1) addressing the HIV/AIDS crisis in sub-Saharan Africa should be a central component of United States foreign policy with respect to sub-Saharan Africa;
(2) significant progress needs to be made in preventing and treating HIV/AIDS in sub-Saharan Africa in order to sustain a mutually beneficial trade relationship between the United States and sub-Saharan African countries; and
(3) the HIV/AIDS crisis in sub-Saharan Africa is a global threat that merits further attention through greatly expanded public, private, and joint public-private efforts, and through appropriate United States legislation.
(Pub. L. 106200, title I, § 129, May 18, 2000, 114 Stat. 273.)
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# 19 U.S.C. § 3740 - Study on improving African agricultural practices
## Text
(a) In general The Secretary of Agriculture, in consultation with American Land Grant Colleges and Universities and not-for-profit international organizations, is authorized to conduct a 2-year study on ways to improve the flow of American farming techniques and practices to African farmers. The study shall include an examination of ways of improving or utilizing—
(1) knowledge of insect and sanitation procedures;
(2) modern farming and soil conservation techniques;
(3) modern farming equipment (including maintaining the equipment);
(4) marketing crop yields to prospective purchasers; and
(5) crop maximization practices.
The Secretary of Agriculture shall submit the study to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives not later than September 30, 2001.
(b) Land Grant Colleges and not-for-profit institutions In conducting the study under subsection (a), the Secretary of Agriculture is encouraged to consult with American Land Grant Colleges and not-for-profit international organizations that have firsthand knowledge of current African farming practices.
(Pub. L. 106200, title I, § 130, May 18, 2000, 114 Stat. 274.)
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# 19 U.S.C. § 3741 - Sense of the Congress regarding efforts to combat desertification in Africa and other countries
## Text
(a) Findings The Congress finds that—
(1) desertification affects approximately one-sixth of the worlds population and one-quarter of the total land area;
(2) over 1,000,000 hectares of Africa are affected by desertification;
(3) dryland degradation is an underlying cause of recurrent famine in Africa;
(4) the United Nations Environment Programme estimates that desertification costs the world $42,000,000,000 a year, not including incalculable costs in human suffering; and
(5) the United States can strengthen its partnerships throughout Africa and other countries affected by desertification, help alleviate social and economic crises caused by misuse of natural resources, and reduce dependence on foreign aid, by taking a leading role to combat desertification.
(b) Sense of the Congress It is the sense of the Congress that the United States should expeditiously work with the international community, particularly Africa and other countries affected by desertification, to—
(1) strengthen international cooperation to combat desertification;
(2) promote the development of national and regional strategies to address desertification and increase public awareness of this serious problem and its effects;
(3) develop and implement national action programs that identify the causes of desertification and measures to address it; and
(4) recognize the essential role of local governments and nongovernmental organizations in developing and implementing measures to address desertification.
(Pub. L. 106200, title I, § 131, May 18, 2000, 114 Stat. 274.)