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19 U.S.C. § 3723 — Free trade agreements with sub-Saharan African countries
Federal law — U.S. Code and appendices · legal_authorities
**(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 C
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Source location: Title 19, Chapter 23, § 3723; chapter-023-extension-of-certain-trade-benefits-to-sub-saharan-africa.md
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**(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).
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Federal law — U.S. Code and appendices · legal_authorities
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:
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3706
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination by the Board** The Board shall determine whether a candidate country is an eligible country for purposes of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of a country’s demonstrated commitment to the criteria in subsection (b), and shall, where appropriate, take into account and assess the role of women and girls. A determination whether a country is eligible for a subsequent, non-concurrent Millennium Challenge Compact shall also be based, to the extent practicable, on significantly improved performance across the criteria in subsection (b) that, at a minimum, are relevant to the preceding Compact, compared to the country’s performance with respect to such criteria when selected for such preceding Compact.
**(b) Criteria** A candidate country should be considered to be an eligible country for purposes of this section if the Board determines that the country has demonstrated a commitment to—
(1) just and democratic governance, including a demonstrated commitment to—
(A) promote political pluralism, equality, and the rule of law;
(B) respect human and civil rights, including the rights of people with disabilities;
(C) protect private property rights;
(D) encourage transparency and accountability of government;
(E) combat corruption; and
(F) the quality of the civil society enabling environment;
(2) economic freedom, including a demonstrated commitment to economic policies that—
(A) encourage citizens and firms to participate in global trade and international capital markets;
(B) promote private sector growth;
(C) strengthen market forces in the economy; and
(D) respect worker rights, including the right to form labor unions; and
(3) investme
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7706
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compact** The Board, acting through the Chief Executive Officer of the Corporation, may provide assistance for an eligible country only if the country enters into an agreement with the United States, to be known as a “Millennium Challenge Compact”, that establishes a multi-year plan for achieving shared development objectives in furtherance of the purposes of this chapter.
**(b) Elements**
(1) **In general** — The Compact should take into account the national development strategy of the eligible country and shall contain—
(A) the specific objectives that the country and the United States expect to achieve during the term of the Compact;
(B) the responsibilities of the country and the United States in the achievement of such objectives;
(C) regular benchmarks to measure, where appropriate, progress toward achieving such objectives;
(D) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable;
(E) a multi-year financial plan, including the estimated amount of contributions by the Corporation and the country and proposed mechanisms to implement the plan and provide oversight, that describes how the requirements of subparagraphs (A) through (D) will be met, including identifying the role of civil society in the achievement of such requirements;
(F) where appropriate, a description of the current and potential participation of other donors in the achievement of such objectives;
(G) a plan to ensure appropriate fiscal accountability for the use of assistance provided under [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim);
(H) where appropriate, a process or processes for consideration of so
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7708
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3705
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds that—
(1) it is in the mutual interest of the United States and the countries of sub-Saharan Africa to promote stable and sustainable economic growth and development in sub-Saharan Africa;
(2) the countries of sub-Saharan Africa form a region richly endowed with both natural and human resources;
(3) sub-Saharan Africa represents a region of enormous economic potential and of enduring political significance to the United States;
(4) the region has experienced the strengthening of democracy as countries in sub-Saharan Africa have taken steps to encourage broader participation in the political process;
(5) certain countries in sub-Saharan Africa have increased their economic growth rates, taken significant steps towards liberalizing their economies, and made progress toward regional economic integration that can have positive benefits for the region;
(6) despite those gains, the per capita income in sub-Saharan Africa averages approximately $500 annually;
(7) trade and investment, as the American experience has shown, can represent powerful tools both for economic development and for encouraging broader participation in a political process in which political freedom can flourish;
(8) increased trade and investment flows have the greatest impact in an economic environment in which trading partners eliminate barriers to trade and capital flows and encourage the development of a vibrant private sector that offers individual African citizens the freedom to expand their economic opportunities and provide for their families;
(9) offering the countries of sub-Saharan Africa enhanced trade preferences will encourage both higher levels of trade and direct investment in support of the positive economic and political developments under way throughout the regio
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) drought and famine have caused countless deaths and untold suffering among the people of sub-Saharan Africa;
(2) drought and famine in combination with other factors such as desertification, government neglect of the agricultural sector, and inappropriate economic policies have severely affected long-term development in sub-Saharan Africa; and
(3) the most cost-effective and efficient way of overcoming Africa’s vulnerability to drought and famine is to address Africa’s long-term development needs through a process that builds upon the needs and capabilities of the African people, promotes sustained and equitable economic growth, preserves the environment, and protects the rights of the individual.
**(b) Authority to furnish assistance** The President is authorized to furnish project and program assistance, on such terms and conditions as he may determine in accordance with the policies contained in this section, for long-term development in sub-Saharan Africa.
**(c) Purpose of assistance**
(1) **Purpose** — The purpose of assistance under this section shall be to help the poor majority of men and women in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant.
(2) **Use of assistance to encourage private sector development** — Assistance under this section should, in a manner consistent with paragraph (1), be used to promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector.
**(d) Application of development assistance general authorities and policies** E
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2293
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Federal law — U.S. Code and appendices · legal_authorities
Page 904
TITLE 19—CUSTOMS DUTIES
§ 3723
Editorial Notes
REFERENCES IN TEXT
This 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. 106–200, 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.
AMENDMENTS
2020—Subsec. (b)(1)(A). Pub. L. 116–260, § 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. 116–260, § 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. 116–260, § 602(a)(2)(B), sub-
stituted ‘‘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 Protec-
tion’’ substituted for ‘‘Commissioner of Customs’’ in
subsec. (b)(5) on authority of section 802(d)(2) of Pub. L.
114–125, set out as a note under section 211 of Title 6,
Domestic Security.
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 effective July 1, 2020,
see section 602(g) of div. O of Pub. L. 116–260, set out as
a note under section 2578b of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Sec-
retary of Homeland Security, and for treatment of re-
lated references, see sections 203(1), 551(d), 552(d), and
557 of Title 6
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3723
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