19 U.S.C. § 3701 — Findings

Page 888 TITLE 19—CUSTOMS DUTIES § 3623 § 3623. Study of milk marketing order system The Secretary of Agriculture shall conduct a study to determine the effects of the Uruguay Round Agreements on the Federal milk mar- keting order system. Not later than 6 months after the date of entry into force of the WTO Agreement with respect to the United States, the Secretary of Agriculture shall report to the Congress on the results of the study. (Pub. L. 103–465, title IV, § 425, Dec. 8, 1994, 108 Stat. 4965.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as a note under section 3601 of this title. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. § 3624. Additional program funding (a) Use of additional funds Consistent, as determined by the President, with the obligations undertaken by the United States set forth in the Uruguay Round Agree- ments, the Commodity Credit Corporation shall use, in addition to any other funds appropriated or made available for such purposes, any funds made available under subsection (b) for author- ized export promotion, foreign market develop- ment, export credit financing, and promoting the development, commercialization, and mar- keting of products resulting from alternative uses of agricultural commodities. (b) Amount of additional funds Amounts shall be credited to the Commodity Credit Corporation in fiscal year 1995 equal to the lesser of the dollar amount of— (1) the fiscal year 1995 Pay-As-You-Go sav- ings; and (2) the 5-year Pay-As-You-Go savings; under section 902 of title 2, resulting from the enactment of the Federal Crop Insurance Re- form Act of 1994. (c) Effective date This section shall take effect on December 8, 1994. (Pub. L. 103–465, title IV, § 426, Dec. 8, 1994, 108 Stat. 4966.) Editorial Notes REFERENCES IN TEXT The Federal Crop Insurance Reform Act of 1994, re- ferred to in subsec. (b), is title I of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3179. For complete classification of this Act to the Code, see Short Title of 1994 Amend- ment note set out under section 1501 of Title 7, Agri- culture, and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as a note under section 3601 of this title. CHAPTER 23—EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA SUBCHAPTER I—TRADE POLICY FOR SUB- SAHARAN AFRICA Sec. 3701. Findings. 3702. Statement of policy. 3703. Eligibility requirements. 3704. United States-Sub-Saharan Africa Trade and Economic Cooperation Forum. 3705. Reporting requirement. 3706. Sub-Saharan Africa defined. 3707. Activities in support of transparency. SUBCHAPTER II—TRADE BENEFITS 3721. Treatment of certain textiles and apparel. 3722. Protections against transshipment. 3723. Free trade agreements with sub-Saharan Af- rican countries. 3724. Assistant United States Trade Representative for African Affairs. SUBCHAPTER III—ECONOMIC DEVELOPMENT RELATED ISSUES 3731. Sense of the Congress regarding comprehen- sive debt relief for the world’s poorest coun- tries. 3732. Executive branch initiatives. 3733. Overseas Private Investment Corporation ini- tiatives. 3734. Export-Import Bank initiatives. 3735. Expansion of the United States and Foreign Commercial Service in sub-Saharan Africa. 3736. Donation of air traffic control equipment to eligible sub-Saharan African countries. 3737. Additional authorities and increased flexi- bility to provide assistance under the De- velopment Fund for Africa. 3738. Assistance from United States private sector to prevent and reduce HIV/AIDS in sub-Sa- haran Africa. 3739. Sense of the Congress relating to HIV/AIDS crisis in sub-Saharan Africa. 3740. Study on improving African agricultural practices. 3741. Sense of the Congress regarding efforts to combat desertification in Africa and other countries. SUBCHAPTER I—TRADE POLICY FOR SUB- SAHARAN AFRICA § 3701. Findings Congress finds that— (1) it is in the mutual interest of the United States and the countries of sub-Saharan Afri- ca to promote stable and sustainable economic growth and development in sub-Saharan Afri- ca; (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 strength- ening of democracy as countries in sub-Saha- Page 889 TITLE 19—CUSTOMS DUTIES § 3701 ran 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 re- gional 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 polit- ical process in which political freedom can flourish; (8) increased trade and investment flows have the greatest impact in an economic envi- ronment in which trading partners eliminate barriers to trade and capital flows and encour- age the development of a vibrant private sec- tor that offers individual African citizens the freedom to expand their economic opportuni- ties and provide for their families; (9) offering the countries of sub-Saharan Af- rica enhanced trade preferences will encourage both higher levels of trade and direct invest- ment in support of the positive economic and political developments under way throughout the region; and (10) encouraging the reciprocal reduction of trade and investment barriers in Africa will enhance the benefits of trade and investment for the region as well as enhance commercial and political ties between the United States and sub-Saharan Africa. (Pub. L. 106–200, title I, § 102, May 18, 2000, 114 Stat. 252; Pub. L. 112–163, § 1(c), Aug. 10, 2012, 126 Stat. 1274.) Editorial Notes AMENDMENTS 2012—Par. (2). Pub. L. 112–163 struck out ‘‘48’’ before ‘‘countries’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–163, § 1(d), Aug. 10, 2012, 126 Stat. 1274, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 3706 and 3721 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2012].’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–167, § 1, Apr. 23, 2018, 132 Stat. 1276, pro- vided that: ‘‘This Act [enacting section 3707 of this title, amending sections 7703, 7705, 7706, 7708, 7709, 7711, 7712, and 7715 of Title 22, Foreign Relations and Inter- course, and enacting provisions set out as notes under this section, section 3707 of this title, and section 7708 of Title 22] may be cited as the ‘African Growth and Op- portunity Act and Millennium Challenge Act Mod- ernization Act’ or the ‘AGOA and MCA Modernization Act’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–27, title I, § 101, June 29, 2015, 129 Stat. 363, provided that: ‘‘This title [amending sections 2466a, 2466b, 3702, 3703, and 3721 of this title, enacting provi- sions set out as notes under this section and sections 2466a and 3705 of this title, and amending provisions set out as a note under this section] may be cited as the ‘AGOA Extension and Enhancement Act of 2015’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–432, div. D, title VI, § 6001, Dec. 20, 2006, 120 Stat. 3190, provided that: ‘‘This title [amending section 3721 of this title] may be referred to as the ‘Africa In- vestment Incentive Act of 2006’.’’ SHORT TITLE Pub. L. 106–200, § 1(a), May 18, 2000, 114 Stat. 251, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Trade and Development Act of 2000’.’’ Pub. L. 106–200, title I, § 101, May 18, 2000, 114 Stat. 252, provided that: ‘‘This title [enacting this chapter and sections 2466a and 2466b of this title and amending sec- tion 2463 of this title and sections 2193 and 2293 of Title 22, Foreign Relations and Intercourse] may be cited as the ‘African Growth and Opportunity Act’.’’ STATEMENT OF POLICY Pub. L. 115–167, title I, § 101, Apr. 23, 2018, 132 Stat. 1276, provided that: ‘‘It is the policy of the United States to support efforts to— ‘‘(1) improve the rule of law, promote free and fair elections, strengthen and expand the private sector, and fight corruption in sub-Saharan Africa; and ‘‘(2) promote the role of women in social, political, and economic development in sub-Saharan Africa.’’ FINDINGS RELATING TO EXTENSION AND ENHANCEMENT OF AFRICAN GROWTH AND OPPORTUNITY ACT Pub. L. 114–27, title I, § 102, June 29, 2015, 129 Stat. 363, provided that: ‘‘Congress finds the following: ‘‘(1) Since its enactment, the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.] has been the centerpiece of trade relations between the United States and sub-Saharan Africa and has enhanced trade, investment, job creation, and democratic insti- tutions throughout Africa. ‘‘(2) Trade and investment, as facilitated by the Af- rican Growth and Opportunity Act, promote eco- nomic growth, development, poverty reduction, de- mocracy, the rule of law, and stability in sub-Saha- ran Africa. ‘‘(3) Trade between the United States and sub-Saha- ran Africa has more than tripled since the enactment of the African Growth and Opportunity Act in 2000, and United States direct investment in sub-Saharan Africa has grown almost sixfold. ‘‘(4) It is in the interest of the United States to en- gage and compete in emerging markets in sub-Saha- ran African countries, to boost trade and investment between the United States and sub-Saharan African countries, and to renew and strengthen the African Growth and Opportunity Act. ‘‘(5) The long-term economic security of the United States is enhanced by strong economic and political ties with the fastest-growing economies in the world, many of which are in sub-Saharan Africa. ‘‘(6) It is a goal of the United States to further inte- grate sub-Saharan African countries into the global economy, stimulate economic development in Africa, and diversify sources of growth in sub-Saharan Afri- ca. ‘‘(7) To that end, implementation of the Agreement on Trade Facilitation of the World Trade Organiza- tion would strengthen regional integration efforts in sub-Saharan Africa and contribute to economic growth in the region. ‘‘(8) The elimination of barriers to trade and invest- ment in sub-Saharan Africa, including high tariffs, forced localization requirements, restrictions on in- vestment, and customs barriers, will create opportu- nities for workers, businesses, farmers, and ranchers in the United States and sub-Saharan African coun- tries. Page 890 TITLE 19—CUSTOMS DUTIES § 3701 ‘‘(9) The elimination of such barriers will improve utilization of the African Growth and Opportunity Act and strengthen regional and global integration, accelerate economic growth in sub-Saharan Africa, and enhance the trade relationship between the United States and sub-Saharan Africa.’’ [For definition of ‘‘sub-Saharan African country’’ as used in section 102 of Pub. L. 114–27, set out above, see section 112 of Pub. L. 114–27, set out below.] DEEPENING AND EXPANDING TRADE AND INVESTMENT TIES BETWEEN SUB-SAHARAN AFRICA AND THE UNITED STATES Pub. L. 114–27, title I, § 108, June 29, 2015, 129 Stat. 369, provided that: ‘‘It is the policy of the United States to continue to— ‘‘(1) seek to deepen and expand trade and invest- ment ties between sub-Saharan Africa and the United States, including through the negotiation of acces- sion by sub-Saharan African countries to the World Trade Organization and the negotiation of trade and investment framework agreements, bilateral invest- ment treaties, and free trade agreements, as such agreements have the potential to catalyze greater trade and investment, facilitate additional invest- ment in sub-Saharan Africa, further poverty reduc- tion efforts, and promote economic growth; ‘‘(2) seek to negotiate agreements with individual sub-Saharan African countries as well as with the Re- gional Economic Communities, as appropriate; ‘‘(3) promote full implementation of commitments made under the WTO Agreement (as such term is de- fined in section 2(9) of the Uruguay Round Agree- ments Act (19 U.S.C. 3501(9)) because such actions are likely to improve utilization of the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.] and pro- mote trade and investment and because regular re- view to ensure continued compliance helps to maxi- mize the benefits of the African Growth and Oppor- tunity Act; and ‘‘(4) promote the negotiation of trade agreements that cover substantially all trade between parties to such agreements and, if other countries seek to nego- tiate trade agreements that do not cover substan- tially all trade, continue to object in all appropriate forums.’’ [For definition of ‘‘sub-Saharan African country’’ as used in section 108 of Pub. L. 114–27, set out above, see section 112 of Pub. L. 114–27, set out below.] AGOA ACCELERATION Pub. L. 108–274, July 13, 2004, 118 Stat. 820, as amended by Pub. L. 108–429, title II, § 2004(j)(1), Dec. 3, 2004, 118 Stat. 2595; Pub. L. 114–27, title I, § 109, June 29, 2015, 129 Stat. 369, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘AGOA Acceleration Act of 2004’. ‘‘SEC. 2. FINDINGS. ‘‘The Congress finds the following: ‘‘(1) The African Growth and Opportunity Act [19 U.S.C. 3701 et seq.] (in this section and section 3 re- ferred to as ‘the Act’) has helped to spur economic growth and bolster economic reforms in the countries of sub-Saharan Africa and has fostered stronger eco- nomic ties between the countries of sub-Saharan Af- rica and the United States; as a result, exports from the United States to sub-Saharan Africa reached record levels after the enactment of the Act, while exports from sub-Saharan Africa to the United States have increased considerably. ‘‘(2) The Act’s eligibility requirements have rein- forced democratic values and the rule of law, and have strengthened adherence to internationally rec- ognized worker rights in eligible sub-Saharan African countries. ‘‘(3) The Act has helped to bring about substantial increases in foreign investment in sub-Saharan Afri- ca, especially in the textile and apparel sectors, where tens of thousands of new jobs have been cre- ated. ‘‘(4) As a result of the Agreement on Textiles and Apparel of the World Trade Organization, under which quotas maintained by WTO member countries on textile and apparel products end on January 1, 2005, sub-Saharan Africa’s textile and apparel indus- try will be severely challenged by countries whose in- dustries are more developed and have greater capac- ity, economies of scale, and better infrastructure. ‘‘(5) The underdeveloped physical and financial in- frastructure in sub-Saharan Africa continues to dis- courage investment in the region. ‘‘(6) Regional integration establishes a foundation on which sub-Saharan African countries can coordi- nate and pursue policies grounded in African inter- ests and history to achieve sustainable development. ‘‘(7) Expanded trade because of the Act has im- proved fundamental economic conditions within sub- Saharan Africa. The Act has helped to create jobs in the poorest region of the world, and most sub-Saha- ran African countries have sought to take advantage of the opportunities provided by the Act. ‘‘(8) Agricultural biotechnology holds promise for helping solve global food security and human health crises in Africa and, according to recent studies, has made contributions to the protection of the environ- ment by reducing the application of pesticides, reduc- ing soil erosion, and creating an environment more hospitable to wildlife. ‘‘(9) (A) One of the greatest challenges facing Afri- can countries continues to be the HIV/AIDS epidemic, which has infected as many as one out of every four people in some countries, creating tremendous social, political, and economic costs. African countries need continued United States financial and technical as- sistance to combat this epidemic. ‘‘(B) More awareness and involvement by govern- ments are necessary. Countries like Uganda, recog- nizing the threat of HIV/AIDS, have boldly attacked it through a combination of education, public aware- ness, enhanced medical infrastructure and resources, and greater access to medical treatment. An effective HIV/AIDS prevention and treatment strategy in- volves all of these steps. ‘‘(10) African countries continue to need trade ca- pacity assistance to establish viable economic capac- ity, a well-grounded rule of law, and efficient govern- ment practices. ‘‘SEC. 3. STATEMENT OF POLICY. ‘‘The Congress supports— ‘‘(1) a continued commitment to increase trade be- tween the United States and sub-Saharan Africa and increase investment in sub-Saharan Africa to the benefit of workers, businesses, and farmers in the United States and in sub-Saharan Africa, including by developing innovative approaches to encourage de- velopment and investment in sub-Saharan Africa; ‘‘(2) a reduction of tariff and nontariff barriers and other obstacles to trade between the countries of sub- Saharan Africa and the United States, with par- ticular emphasis on reducing barriers to trade in emerging sectors of the economy that have the great- est potential for development; ‘‘(3) development of sub-Saharan Africa’s physical and financial infrastructure; ‘‘(4) international efforts to fight HIV/AIDS, ma- laria, tuberculosis, other infectious diseases, and se- rious public health problems; ‘‘(5) many of the aims of the New Partnership for African Development (NEPAD), which include— ‘‘(A) reducing poverty and increasing economic growth; ‘‘(B) promoting peace, democracy, security, and human rights; ‘‘(C) promoting African integration by deepening linkages between African countries and by accel- erating Africa’s economic and political integration into the rest of the world; Page 891 TITLE 19—CUSTOMS DUTIES § 3701 ‘‘(D) attracting investment, debt relief, and devel- opment assistance; ‘‘(E) promoting trade and economic diversifica- tion; ‘‘(F) broadening global market access for United States and African exports; ‘‘(G) improving transparency, good governance, and political accountability; ‘‘(H) expanding access to social services, edu- cation, and health services with a high priority given to addressing HIV/AIDS, malaria, tuber- culosis, other infectious diseases, and other public health problems; ‘‘(I) promoting the role of women in social and economic development by reinforcing education and training and by assuring their participation in political and economic arenas; and ‘‘(J) building the capacity of governments in sub- Saharan Africa to set and enforce a legal frame- work, as well as to enforce the rule of law; ‘‘(6) negotiation of reciprocal trade agreements be- tween the United States and sub-Saharan African countries, with the overall goal of expanding trade across all of sub-Saharan Africa; ‘‘(7) the President seeking to negotiate, with inter- ested eligible sub-Saharan African countries, bilat- eral trade agreements that provide investment oppor- tunities, in accordance with section 2102(b)(3) of the Trade Act of 2002 (19 U.S.C. 3802(b)(3)); ‘‘(8) efforts by the President to negotiate with the member countries of the Southern African Customs Union in order to provide the opportunity to deepen and make permanent the benefits of the Act while giving the United States access to the markets of these African countries for United States goods and services, by reducing tariffs and non-tariff barriers, strengthening intellectual property protection, im- proving transparency, establishing general dispute settlement mechanisms, and investor-state and state- to-state dispute settlement mechanisms in invest- ment; ‘‘(9) a comprehensive and ambitious trade agree- ment with the Southern African Customs Union, cov- ering all products and sectors, in order to mature the economic relationship between sub-Saharan African countries and the United States and because such an agreement would deepen United States economic and political ties to the region, lend momentum to United States development efforts, encourage greater United States investment, and promote regional inte- gration and economic growth; ‘‘(10) regional integration among sub-Saharan Afri- can countries and business partnerships between United States and African firms; and ‘‘(11) economic diversification in sub-Saharan Afri- can countries and expansion of trade beyond textiles and apparel. ‘‘SEC. 4. SENSE OF CONGRESS ON RECIPROCITY AND REGIONAL ECONOMIC INTEGRATION. ‘‘It is the sense of the Congress that— ‘‘(1) the preferential market access opportunities for eligible sub-Saharan African countries will be complemented and enhanced if those countries are implementing actively and fully, consistent with any remaining applicable phase-in periods, their obliga- tions under the World Trade Organization, including obligations under the Agreement on Trade-Related Aspects of Intellectual Property, the Agreement on the Application of Sanitary and Phytosanitary Meas- ures, and the Agreement on Trade-Related Invest- ment Measures, as well as the other agreements de- scribed in section 101(d) of the Uruguay Round Agree- ments Act (19 U.S.C. 3511(d)); ‘‘(2) eligible sub-Saharan African countries should participate in and support mutual trade liberaliza- tion in ongoing negotiations under the auspices of the World Trade Organization, including by making reciprocal commitments with respect to improving market access for industrial and agricultural goods, and for services, recognizing that such commitments may need to reflect special and differential treatment for developing countries; ‘‘(3) some of the most pernicious trade barriers against exports by developing countries are the trade barriers maintained by other developing countries; therefore, eligible sub-Saharan African countries will benefit from the reduction of trade barriers in other developing countries, especially in developing coun- tries that represent some of the greatest potential markets for African goods and services; and ‘‘(4) all countries should make sanitary and phytosanitary decisions on the basis of sound science. ‘‘SEC. 5. SENSE OF CONGRESS ON INTERPRETA- TION OF TEXTILE AND APPAREL PROVISIONS OF AGOA. ‘‘It is the sense of the Congress that the executive branch, particularly the Committee for the Implemen- tation of Textile Agreements (CITA), the Bureau of Customs and Border Protection of the Department of Homeland Security, and the Department of Commerce, should interpret, implement, and enforce the provisions of section 112 of the African Growth and Opportunity Act [19 U.S.C. 3721], relating to preferential treatment of textile and apparel articles, broadly in order to ex- pand trade by maximizing opportunities for imports of such articles from eligible sub-Saharan African coun- tries. ‘‘SEC. 6. DEFINITION. ‘‘In this Act, the term ‘eligible sub-Saharan African country’ means an eligible sub-Saharan African coun- try under the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.]. ‘‘SEC. 7. EXTENSION OF AFRICAN GROWTH AND OP- PORTUNITY ACT. [Amended sections 2466a, 2466b, and 3721 of this title.] ‘‘SEC. 8. ENTRIES OF CERTAIN APPAREL ARTICLES PURSUANT TO THE AFRICAN GROWTH AND OP- PORTUNITY ACT. ‘‘(a) IN GENERAL.—Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Secretary of the Treasury shall liquidate or reliquidate as free of duty and free of any quantitative restrictions, limitations, or consultation levels entries of articles described in subsection (d) made on or after October 1, 2000, and before the date of the enactment of this Act [July 13, 2004]. ‘‘(b) REQUESTS.—Liquidation or reliquidation may be made under subsection (a) with respect to an entry de- scribed in subsection (d) only if a request therefor is filed with the Secretary of the Treasury within 90 days after the date of the enactment of this Act and the re- quest contains sufficient information to enable the Secretary to locate the entry or reconstruct the entry if it cannot be located. ‘‘(c) PAYMENT OF AMOUNTS OWED.—Any amounts owed by the United States pursuant to the liquidation or re- liquidation of any entry under subsection (a) shall be paid not later than 180 days after the date of such liq- uidation or reliquidation. ‘‘(d) ENTRIES.—The entries referred to in subsection (a) are entries of apparel articles that meet the require- ments of section 112 of the African Growth and Oppor- tunity Act [19 U.S.C. 3721], as amended by section 3108 of the Trade Act of 2002 [Pub. L. 107–210] and this Act. ‘‘SEC. 9. DEVELOPMENT STUDY AND CAPACITY BUILDING. ‘‘(a) REPORTS.—The President shall, by not later than 1 year after the date of the enactment of this Act [July 13, 2004], conduct a study on each eligible sub-Saharan African country, that— ‘‘(1) identifies sectors of the economy of that coun- try with the greatest potential for growth, including through export sales; ‘‘(2) identifies barriers, both domestically and internationally, that are impeding growth in such sectors; and Page 892 TITLE 19—CUSTOMS DUTIES § 3701 ‘‘(3) makes recommendations on how the United States Government and the private sector can pro- vide technical assistance to that country to assist in dismantling such barriers and in promoting invest- ment in such sectors. ‘‘(b) DISSEMINATION OF INFORMATION.—The President shall disseminate information in each study conducted under subsection (a) to the appropriate United States agencies for the purpose of implementing recommenda- tions on the provision of technical assistance and in identifying opportunities for United States investors, businesses, and farmers. ‘‘SEC. 10. ACTIVITIES IN SUPPORT OF INFRA- STRUCTURE TO SUPPORT INCREASING TRADE CAPACITY AND ECOTOURISM. ‘‘(a) FINDINGS.—The Congress finds the following: ‘‘(1) Ecotourism, which consists of— ‘‘(A) responsible and sustainable travel and visi- tation to relatively undisturbed natural areas in order to enjoy and appreciate nature (and any ac- companying cultural features, both past and present) and animals, including species that are rare or endangered, ‘‘(B) promotion of conservation and provision for beneficial involvement of local populations, and ‘‘(C) visitation designed to have low negative im- pact upon the environment, is expected to expand 30 percent globally over the next decade. ‘‘(2) Ecotourism will increase trade capacity by sus- taining otherwise unsustainable infrastructure, such as road, port, water, energy, and telecommunication development. ‘‘(3) According to the United States Department of State and the United Nations Environment Pro- gramme, sustainable tourism, such as ecotourism, can be an important part of the economic develop- ment of a region, especially a region with natural and cultural protected areas. ‘‘(4) Sub-Saharan Africa enjoys an international comparative advantage in ecotourism because it fea- tures extensive protected areas that host a variety of ecosystems and traditional cultures that are major attractions for nature-oriented tourism. ‘‘(5) National parks and reserves in sub-Saharan Af- rica should be considered a basis for regional develop- ment, involving communities living within and adja- cent to them and, given their strong international recognition, provide an advantage in ecotourism mar- keting and promotion. ‘‘(6) Desert areas in sub-Saharan Africa represent complex ecotourism attractions, showcasing natural, geological, and archaeological features, and nomad and other cultures and traditions. ‘‘(7) Many natural zones in sub-Saharan Africa cross the political borders of several countries; there- fore, transboundary cooperation is fundamental for all types of ecotourism development. ‘‘(8) The commercial viability of ecotourism is en- hanced when small and medium enterprises, particu- larly microenterprises, successfully engage with the tourism industry in sub-Saharan Africa. ‘‘(9) Adequate capacity building is an essential component of ecotourism development if local com- munities are to be real stakeholders that can sustain an equitable approach to ecotourism management. ‘‘(10) Ecotourism needs to generate local commu- nity benefits by utilizing sub-Saharan Africa’s nat- ural heritage, parks, wildlife reserves, and other pro- tected areas that can play a significant role in en- couraging local economic development by sourcing food and other locally produced resources. ‘‘(b) ACTION BY THE PRESIDENT.—The President shall develop and implement policies to— ‘‘(1) encourage the development of infrastructure projects that will help to increase trade capacity and a sustainable ecotourism industry in eligible sub-Sa- haran African countries; ‘‘(2) encourage and facilitate transboundary co- operation among sub-Saharan African countries in order to facilitate trade; ‘‘(3) encourage the provision of technical assistance to eligible sub-Saharan African countries to establish and sustain adequate trade capacity development; and ‘‘(4) encourage micro-, small-, and medium-sized en- terprises in eligible sub-Saharan African countries to participate in the ecotourism industry. ‘‘SEC. 11. ACTIVITIES IN SUPPORT OF TRANSPOR- TATION, ENERGY, AGRICULTURE, AND TELE- COMMUNICATIONS INFRASTRUCTURE. ‘‘(a) FINDINGS.—The Congress finds the following: ‘‘(1) In order to increase exports from, and trade among, eligible sub-Saharan African countries, trans- portation systems in those countries must be im- proved to increase transport efficiencies and lower transport costs. ‘‘(2) Vibrant economic growth requires a developed telecommunication and energy infrastructure. ‘‘(3) Sub-Saharan Africa is rich in exportable agri- cultural goods, but development of this industry re- mains stymied because of an underdeveloped infra- structure. ‘‘(b) ACTION BY THE PRESIDENT.—In order to enhance trade with Africa and to bring the benefits of trade to African countries, the President shall develop and im- plement policies to encourage investment in eligible sub-Saharan African countries, particularly with re- spect to the following: ‘‘(1) Infrastructure projects that support, in par- ticular, development of land transport road and rail- road networks and ports, and the continued upgrad- ing and liberalization of the energy and tele- communications sectors. ‘‘(2) The establishment and expansion of modern in- formation and communication technologies and prac- tices to improve the ability of citizens to research and disseminate information relating to, among other things, the economy, education, trade, health, agriculture, the environment, and the media. ‘‘(3) Agriculture, particularly in processing and ca- pacity enhancement. ‘‘SEC. 12. FACILITATION OF TRANSPORTATION. ‘‘In order to facilitate and increase trade flows be- tween eligible sub-Saharan African countries and the United States, the President shall foster improved port-to-port and airport-to-airport relationships. These relationships should facilitate— ‘‘(1) increased coordination between customs serv- ices at ports and airports in the United States and such countries in order to reduce time in transit; ‘‘(2) interaction between customs and technical staff from ports and airports in the United States and such countries in order to increase efficiency and safety procedures and protocols relating to trade; ‘‘(3) coordination between chambers of commerce, freight forwarders, customs brokers, and others in- volved in consolidating and moving freight; and ‘‘(4) trade through air service between airports in the United States and such countries by increasing frequency and capacity. ‘‘SEC. 13. AGRICULTURAL TECHNICAL ASSIST- ANCE. ‘‘(a) IDENTIFICATION OF COUNTRIES.—The President, through the Secretary of Agriculture, shall identify eli- gible sub-Saharan African countries that have poten- tial to increase marketable exports of agricultural products to the United States and the greatest need for technical assistance, particularly with respect to pest risk assessments, complying with sanitary and phytosanitary rules of the United States, and devel- oping food safety standards. ‘‘(b) PERSONNEL.—The President shall assign at least 30 full-time personnel for the purpose of providing as- sistance to the countries identified under subsection (a) to ensure that exports of agricultural products from those countries, particularly from businesses and sec- tors that engage women farmers and entrepreneurs, meet the requirements of United States law. Page 893 TITLE 19—CUSTOMS DUTIES § 3703 ‘‘(c) COORDINATION.—The President shall take such measures as are necessary to ensure adequate coordina- tion of similar activities of agencies of the United States Government relating to agricultural technical assistance for sub-Saharan Africa. ‘‘SEC. 14. TRADE ADVISORY COMMITTEE ON AFRI- CA. ‘‘The President shall convene the trade advisory com- mittee on Africa established by Executive Order 11846 of March 27, 1975 [19 U.S.C. 2111 note], under section 135(c) of the Trade Act of 1974 [19 U.S.C. 2155(c)], in order to facilitate the goals and objectives of the Afri- can Growth and Opportunity Act [19 U.S.C. 3701 et seq.] and this Act, and to maintain ongoing discussions with African trade and agriculture ministries and private sector organizations on issues of mutual concern, in- cluding regional and international trade concerns and World Trade Organization issues.’’ [Functions of President under section 13(c) of Pub. L. 108–274, set out above, assigned to Administrator of United States Agency for International Development, in collaboration with Secretary of Agriculture, see Ex. Ord. No. 13720, § 1(c), Feb. 26, 2016, 81 F.R. 11089, set out as a note under section 2466a of this title.] [Pub. L. 108–429, title II, § 2004(j)(2), Dec. 3, 2004, 118 Stat. 2595, provided that: [‘‘(A) IN GENERAL.—The amendment made by para- graph (1) [amending Pub. L. 108–274, set out above] shall take effect as if included in the enactment of section 8 of the AGOA Acceleration Act of 2004 [Pub. L. 108–274]. [‘‘(B) REQUESTS FOR RETROACTIVE APPLICATION.—Sec- tion 8(b) of the AGOA Acceleration Act of 2004 shall be applied with respect to the amendment made by para- graph (1) by substituting ‘90 days after the date of the enactment of the Miscellaneous Trade and Technical Corrections Act of 2004 [Dec. 3, 2004]’ for ‘90 days after the date of the enactment of this Act’.’’] DEFINITIONS Pub. L. 114–27, title I, § 112, June 29, 2015, 129 Stat. 371, provided that: ‘‘In this title [see Short Title of 2015 Amendment note above]: ‘‘(1) BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY.— The term ‘beneficiary sub-Saharan African country’ means a beneficiary sub-Saharan African country de- scribed in subsection (e) of section 506A of the Trade Act of 1974 [19 U.S.C. 2466a(e)] (as redesignated by this Act). ‘‘(2) SUB-SAHARAN AFRICAN COUNTRY.—The term ‘sub-Saharan African country’ has the meaning given the term in section 107 of the African Growth and Op- portunity Act [19 U.S.C. 3706].’’ § 3702. Statement of policy Congress supports— (1) encouraging increased trade and invest- ment between the United States and sub-Saha- ran 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 Africa’s regional integration ef- forts; (4) negotiating reciprocal and mutually ben- eficial trade agreements, including the possi- bility 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 eradi- cation of poverty; (6) strengthening and expanding the private sector in sub-Saharan Africa, especially enter- prises owned by women and small businesses; (7) facilitating the development of civil soci- eties and political freedom in sub-Saharan Af- rica; (8) establishing a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum; (9) the accession of the countries in sub-Sa- haran Africa to the Organization for Economic Cooperation and Development (OECD) Conven- tion on Combating Bribery of Foreign Public Officials in International Business Trans- actions; and (10) promoting the role of women in social, political, and economic development in sub- Saharan Africa. (Pub. L. 106–200, title I, § 103, May 18, 2000, 114 Stat. 253; Pub. L. 114–27, title I, § 106(a), June 29, 2015, 129 Stat. 368.) Editorial Notes AMENDMENTS 2015—Par. (10). Pub. L. 114–27 added par. (10). § 3703. Eligibility requirements The President is authorized to designate a sub-Saharan African country as an eligible sub- Saharan African country if the President deter- mines 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 inter- ference in the economy through measures such as price controls, subsidies, and govern- ment 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 invest- ment; (ii) the protection of intellectual prop- erty; 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 forma- tion 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 recog- nized worker rights, including the right of association, the right to organize and bar- gain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of chil- dren, 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 under- mine United States national security or for- eign policy interests; and