19 U.S.C. § 3703 — Eligibility requirements

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 Page 894 TITLE 19—CUSTOMS DUTIES § 3704 (3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international ter- rorism and cooperates in international efforts to eliminate human rights violations and ter- rorist activities. (Pub. L. 106–200, title I, § 104, May 18, 2000, 114 Stat. 254; Pub. L. 114–27, title I, §§ 106(b), 111, June 29, 2015, 129 Stat. 368, 370.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–27, § 111, struck out subsec. (a) des- ignation and heading before ‘‘The President is author- ized’’ and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘If the President de- termines that an eligible sub-Saharan African country is not making continual progress in meeting the re- quirements described in subsection (a)(1) of this sec- tion, the President shall terminate the designation of the country made pursuant to subsection (a) of this section.’’ Subsec. (a)(1)(A). Pub. L. 114–27, § 106(b), inserted ‘‘for men and women’’ after ‘‘rights’’. § 3704. United States-Sub-Saharan Africa Trade and Economic Cooperation Forum (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 gov- ernments of sub-Saharan African countries el- igible 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 ex- panding trade and investment relations be- tween the United States and sub-Saharan Afri- ca and the implementation of this chapter in- cluding 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 appro- priate sub-Saharan African regional organiza- tions and government officials from other ap- propriate 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 pur- pose of discussing the issues described in para- graph (1). (B) The President, in consultation with the Congress, shall encourage United States rep- resentatives of the private sector to host an- nual meetings with representatives of the pri- vate sector from sub-Saharan Africa in con- junction 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 prac- ticable, meet with the heads of governments of sub-Saharan African countries eligible under section 3703 of this title, and those sub-Saha- ran African countries that the President de- termines 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 sup- port of the free market economic reforms de- scribed 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. 106–200, title I, § 105, May 18, 2000, 114 Stat. 255.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c)(1) and (d), was in the original ‘‘this title’’, meaning title I of Pub. L. 106–200, 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. § 3705. Reporting requirement The President shall submit to the Congress, not later than 1 year after May 18, 2000, and an- nually 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. 106–200, title I, § 106, May 18, 2000, 114 Stat. 256.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 106–200, May 18,