19 U.S.C. § 3723 — Free trade agreements with sub-Saharan

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, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 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 Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, 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 Implemen- tation 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 bene- ficiary sub-Saharan African country has satisfied the requirements of section 3722(a) of this title, relating to the establishment of procedures to protect against un- lawful 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 rel- evant 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 pro- vided to the President under section 2483 of this title to embody modifications and technical or conforming changes in the HTS. § 3723. Free trade agreements with sub-Saharan African countries (a) Declaration of policy Congress declares that free trade agreements should be negotiated, where feasible, with inter- ested countries in sub-Saharan Africa, in order to serve as the catalyst for increasing trade be- tween 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 pro- visions of the treaty establishing the African Economic Community and the willingness of the governments of sub-Saharan African coun- tries 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 de- scribed 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 coun- tries 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 re- gional and sub-regional organizations in sub- Saharan Africa with respect to such free trade agreement or agreements. (E) Subject matter anticipated to be cov- ered by the negotiations and United States laws, programs, and policies, as well as the laws of participating eligible African coun- tries and existing bilateral and multilateral and economic cooperation and trade agree- ments, that may be affected by the agree- ment or agreements. (F) Procedures to ensure the following: (i) Adequate consultation with the Con- gress and the private sector during the ne- gotiations. (ii) Consultation with the Congress re- garding all matters relating to implemen- tation of the agreement or agreements. (iii) Approval by the Congress of the agreement or agreements. (iv) Adequate consultations with the rel- evant African governments and African re- gional and subregional intergovernmental organizations during the negotiation of the agreement or agreements. Page 905 TITLE 19—CUSTOMS DUTIES § 3731 (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. 106–200, title I, § 116, May 18, 2000, 114 Stat. 266.) Statutory Notes and Related Subsidiaries COORDINATION OF EFFORTS TO DEVELOP FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES Pub. L. 114–328, div. A, title XII, § 1293, Dec. 23, 2016, 130 Stat. 2560, as amended by Pub. L. 115–232, 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 as- sist countries identified under paragraph (1) of section 110(b) of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) in the most recent report required by that section, includ- ing through the deployment of resources from those agencies to such countries and through trade capacity building, in addressing the plan developed under para- graph (3) of that section. ‘‘(b) COORDINATION OF USAID WITH FREE TRADE AGREEMENT POLICY.— ‘‘(1) AUTHORIZATION OF FUNDS.—Funds made avail- able to the United States Agency for International Development under section 496 of the Foreign Assist- ance 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 Represent- ative— ‘‘(A) to assist eligible countries, including by de- ploying resources to such countries, in addressing the plan developed under section 116(b) of the Afri- can Growth and Opportunity Act (19 U.S.C. 3723(b)); and ‘‘(B) to assist eligible countries in the implemen- tation 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 coun- try’ means a sub-Saharan African country that re- ceives— ‘‘(i) benefits under the African Growth and Op- portunity 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 COR- PORATION.— ‘‘(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 114–27; 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 Corpora- tion and the United States Agency for International Development for the purpose of developing and car- rying 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 sub- section (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.’’ § 3724. Assistant United States Trade Representa- tive for African Affairs It is the sense of the Congress that— (1) the position of Assistant United States Trade Representative for African Affairs is in- tegral to the United States commitment to in- creasing 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 invest- ment matters and serve as— (A) a primary point of contact in the exec- utive branch for those persons engaged in trade between the United States and sub-Sa- haran 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 Af- fairs described in paragraph (2), subject to the availability of appropriations. (Pub. L. 106–200, title I, § 117, May 18, 2000, 114 Stat. 267.) SUBCHAPTER III—ECONOMIC DEVELOPMENT RELATED ISSUES § 3731. Sense of the Congress regarding com- prehensive debt relief for the world’s poorest countries (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 world’s poor- est countries. (2) Until recently, the United States Govern- ment and other official creditors sought to ad- dress this problem by rescheduling loans and in some cases providing limited debt reduc- tion. (3) Despite such efforts, the cumulative debt of many of the world’s poorest countries con- tinued 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 inter- national 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 under- going 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 en-