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General Country Eligibility Provisions

It is the U.S. Government’s intention that the largest possible number of Sub-Saharan African countries are able to take advantage of AGOA. President Clinton issued a proclamation on October 2, 2000 designating 34 countries in Sub-Saharan Africa as eligible for the trade benefits of AGOA. The proclamation was the result of a public comment period and extensive interagency deliberations of each country’s performance against the eligibility criteria established in the Act. On January 18, 2001, Swaziland was designated as the 35th AGOA eligible country and on May 16, 2002 Côte d'Ivoire was designated as the 36th AGOA eligible country. On January 1, 2003 The Gambia and the Democratic Republic of Congo were designated as the 37th and 38th AGOA eligible countries. The DRC, however lost their eligibility on January 1, 2011. On January 1, 2004, Angola was designated as AGOA eligibile. Effective January 1, 2004, however, the President removed the Central African Republic and Eritrea from the list of eligible countries. On December 10, 2004, the President designated Burkina Faso as AGOA eligible. Effective January 1, 2005, the President removed Côte d'Ivoire from the list of eligible countries. Effective January 1, 2006, the President designated Burundi as AGOA eligible and removed Mauritania from the list of eligible countries. Effective December 29, 2006, the President designated Liberia as AGOA eligible. Effective December 23, 2009, the President again designated Mauritania as AGOA eligible. Effective April 17, 2008, the President designated Togo as AGOA eligible. Effective June 30, 2008, the President designated Comoros as AGOA eligible. Effective December 23, 2009, the President removed Guinea, Madagascar and Niger from the list of AGOA eligible countries while also restoring AGOA eligibility to Mauritania. In October 2011, the President restored eligibility to Cote d’Ivoire, Guinea and Niger. The U.S. Government will work with eligible countries to sustain their efforts to institute policy reforms, and with the remaining nine Sub-Saharan African countries to help them achieve eligibility.

The Act authorizes the President to designate countries as eligible to receive the benefits of AGOA if they are determined to have established, or are making continual progress toward establishing the following: market-based economies; the rule of law and political pluralism; elimination of barriers to U.S. trade and investment; protection of intellectual property; efforts to combat corruption; policies to reduce poverty, increasing availability of health care and educational opportunities; protection of human rights and worker rights; and elimination of certain child labor practices. These criteria have been embraced overwhelmingly by the vast majority of African nations, which are striving to achieve the objectives although none is expected to have fully implemented the entire list.

The eligibility criteria for GSP and AGOA substantially overlap, and countries must be GSP eligible in order to receive AGOA’s trade benefits including both expanded GSP and the apparel provisions. Although GSP eligibility does not imply AGOA eligibility, 47 of the 48 Sub-Saharan African countries are currently GSP eligible.

Countries Eligible for AGOA Benefits

Angola; Benin; Botswana; Burkina Faso; Burundi; Cameroon; Cape Verde; Chad; Comoros; Republic of Congo; Cote d’Ivoire; Djibouti; Ethiopia; Gabon; The Gambia; Ghana; Guinea; Guinea-Bissau; Kenya; Lesotho; Liberia; Malawi; Mali; Mauritania; Mauritius; Mozambique; Namibia; Niger; Nigeria; Rwanda; Sao Tome and Principe; Senegal; Seychelles; Sierra Leone; South Africa; Swaziland; Tanzania; Togo; Uganda; Zambia.

Below is a table listing AGOA eligible countries, the effective date of their eligibility, and the effective date of their eligibility for AGOA apparel benefits if applicable.

COUNTRY

DATE DECLARED AGOA ELIGIBLE

DATE DECLARED ELIGIBLE FOR APPAREL PROVISION

SPECIAL RULE FOR APPAREL

(Republic of) Angola

December 30, 2003

 

 

(Republic of) Benin

October 2, 2000

January 28, 2004

Yes

(Republic of) Botswana

October 2, 2000

August 27, 2001

Yes

Burkina Faso

December 10, 2004

August 4, 2006

Yes

(Republic of) Burundi

January 1, 2006

 

 

(Republic of) Cameroon

October 2, 2000

March 1, 2002

Yes

(Republic of) Cape Verde

October 2, 2000

August 28, 2002

Yes

(Republic of) Chad

October 2, 2000

April 26, 2006

Yes

(Republic of) Cote d’Ivoire

Restored

October 25, 2011

   

(Union of) Comoros

June 30 , 2008

 

 

(Republic of) Congo

October 2, 2000

 

 

(Democratic Republic of) Congo *

Declared ineligible January 1, 2011

 

 

(Republic of) Djibouti

October 2, 2000

 

 

Ethiopia

October 2, 2000

August 2, 2001

Yes

Gabonese (Republic)

October 2, 2000

 

No

The Gambia

December 31, 2002

April 28, 2008

Yes

(Republic of) Ghana

October 2, 2000

March 20, 2002

Yes

Guinea

Restored

October 25, 2011

   

(Republic of) Guinea-Bissau

October 2, 2000

 

 

(Republic of) Kenya

October 2, 2000

January 18, 2001

Yes

(Kingdom of) Lesotho

October 2, 2000

April 23, 2001

Yes

(Republic of) Liberia

December 29 , 2006

 January 24, 2011

 

(Republic of) Malawi

October 2, 2000

August 15, 2001

Yes

(Republic of) Mali

October 2, 2000

December 11, 2003

Yes

(Republic of) Mauritania

October 2, 2000

Restored December 23, 2009

   

(Republic of) Mauritius

October 2, 2000

January 18, 2001

Yes

(Republic of) Mozambique

October 2, 2000

February 8, 2002

Yes

(Republic of) Namibia

October 2, 2000

December 3, 2001

Yes

(Repulic of) Niger

Restored

October 25, 2011

   

(Federal republic of) Nigeria

October 2, 2000

 July 14, 2004

Yes 

(Republic of) Rwanda

October 2, 2000

March 4, 2003

Yes

(Democratic Republic of) Sao Tome and Principe

October 2, 2000

 

 

(Republic of) Senegal

October 2, 2000

April 23, 2002

Yes

(Republic of) Seychelles

October 2, 2000

 

No

(Republic of) Sierra Leone

October 23, 2002

 April 5, 2004

Yes

(Republic of) South Africa

October 2, 2000

March 7, 2001

No

(Kingdom of) Swaziland

January 17, 2001

July 26, 2001

Yes

(United Republic of) Tanzania

October 2, 2000

February 4, 2002

Yes

(Republic of) Togo

April 17, 2008

 

 

(Republic of) Uganda

October 2, 2000

October 23, 2001

Yes

(Republic of) Zambia

October 2, 2000

December 17, 2001

Yes

       
       
       

* AGOA trade preferences granted on October 31, 2003.