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19 U.S.C. § 3705 — Reporting requirement

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19 U.S.C. § 3705 — Reporting requirement

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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, Page 895 TITLE 19—CUSTOMS DUTIES § 3706 2000, 114 Stat. 252, which enacted this chapter and sec- tions 2466a and 2466b of this title and amended section 2463 of this title and former section 2193 and section 2293 of Title 22, Foreign Relations and Intercourse. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables. Statutory Notes and Related Subsidiaries REPORTS ON IMPLEMENTATION AND POTENTIAL TRADE AGREEMENTS Pub. L. 114–27, title I, § 110, June 29, 2015, 129 Stat. 370, provided that: ‘‘(a) IMPLEMENTATION REPORT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [June 29, 2015], and biennially thereafter, the President shall submit to Congress a report on the trade and investment rela- tionship between the United States and sub-Saharan African countries and on the implementation of this title [see Short Title of 2015 Amendment note set out under section 3701 of this title] and the amendments made by this title. ‘‘(2) MATTERS TO BE INCLUDED.—The report required by paragraph (1) shall include the following: ‘‘(A) A description of the status of trade and in- vestment between the United States and sub-Saha- ran Africa, including information on leading ex- ports to the United States from sub-Saharan Afri- can countries. ‘‘(B) Any changes in eligibility of sub-Saharan Af- rican countries during the period covered by the re- port. ‘‘(C) A detailed analysis of whether each such beneficiary sub-Saharan African country is con- tinuing to meet the eligibility requirements set forth in section 104 of the African Growth and Op- portunity Act [19 U.S.C. 3703] and the eligibility cri- teria set forth in section 502 of the Trade Act of 1974 [19 U.S.C. 2462]. ‘‘(D) A description of the status of regional inte- gration efforts in sub-Saharan Africa. ‘‘(E) A summary of United States trade capacity building efforts. ‘‘(F) Any other initiatives related to enhancing the trade and investment relationship between the United States and sub-Saharan African countries. ‘‘(b) POTENTIAL TRADE AGREEMENTS REPORT.—Not later than 1 year after the date of the enactment of this Act, and every 5 years thereafter, the United States Trade Representative shall submit to Congress a report that— ‘‘(1) identifies sub-Saharan African countries that have a [sic] expressed an interest in entering into a free trade agreement with the United States; ‘‘(2) evaluates the viability and progress of such sub-Saharan African countries and other sub-Saharan African countries toward entering into a free trade agreement with the United States; and ‘‘(3) describes a plan for negotiating and concluding such agreements, which includes the elements de- scribed in subparagraphs (A) through (E) of section 116(b)(2) of the African Growth and Opportunity Act [19 U.S.C. 3723(b)(2)]. ‘‘(c) TERMINATION.—The reporting requirements of this section shall cease to have any force or effect after September 30, 2025.’’ [Functions of President under section 110(a) of Pub. L. 114–27, set out above, assigned to United States Trade Representative, in consultation with Secretary of State, see Ex. Ord. No. 13720, § 1(d), Feb. 26, 2016, 81 F.R. 11089, set out as a note under section 2466a of this title.] [For definitions of ‘‘beneficiary sub-Saharan African country’’ and ‘‘sub-Saharan African country’’ as used in section 110 of Pub. L. 114–27, set out above, see sec- tion 112 of Pub. L. 114–27, set out as a note under sec- tion 3701 of this title.] Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to United States Trade Representative by section 1(b) of Ex. Ord. No. 13346, July 8, 2004, 69 F.R. 41905, set out as a note under section 301 of Title 3, The President. § 3706. Sub-Saharan Africa defined For purposes of this chapter, the terms ‘‘sub- Saharan Africa’’, ‘‘sub-Saharan African coun- try’’, ‘‘country in sub-Saharan Africa’’, and ‘‘countries in sub-Saharan Africa’’ refer to the following or any successor political entities: Republic of Angola (Angola). Republic of Benin (Benin). Republic of Botswana (Botswana). Burkina Faso (Burkina). Republic of Burundi (Burundi). Republic of Cameroon (Cameroon). Republic of Cape Verde (Cape Verde). Central African Republic. Republic of Chad (Chad). Federal Islamic Republic of the Comoros (Comoros). Democratic Republic of Congo. Republic of the Congo (Congo). Republic of Coˆte d’Ivoire (Coˆte d’Ivoire). Republic of Djibouti (Djibouti). Republic of Equatorial Guinea (Equatorial Guinea). State of Eritrea (Eritrea). Ethiopia. Gabonese Republic (Gabon). Republic of the Gambia (Gambia). Republic of Ghana (Ghana). Republic of Guinea (Guinea). Republic of Guinea-Bissau (Guinea-Bissau). Republic of Kenya (Kenya). Kingdom of Lesotho (Lesotho). Republic of Liberia (Liberia). Republic of Madagascar (Madagascar). Republic of Malawi (Malawi). Republic of Mali (Mali). Islamic Republic of Mauritania (Mauri- tania). Republic of Mauritius (Mauritius). Republic of Mozambique (Mozambique). Republic of Namibia (Namibia). Republic of Niger (Niger). Federal Republic of Nigeria (Nigeria). Republic of Rwanda (Rwanda). Democratic Republic of Sao Tome´ and Prin- cipe (Sao Tome´ and Principe). Republic of Senegal (Senegal). Republic of Seychelles (Seychelles). Republic of Sierra Leone (Sierra Leone). Somalia. Republic of South Africa (South Africa). Republic of South Sudan (South Sudan). Republic of Sudan (Sudan). Kingdom of Swaziland (Swaziland). United Republic of Tanzania (Tanzania). Republic of Togo (Togo). Republic of Uganda (Uganda). Republic of Zambia (Zambia). Republic of Zimbabwe (Zimbabwe). (Pub. L. 106–200, title I, § 107, May 18, 2000, 114 Stat. 256; Pub. L. 112–163, § 1(b), Aug. 10, 2012, 126 Stat. 1274.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–163 inserted item relating to the Re- public of South Sudan.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2462 — Omitted

### Statutory Notes #### Codification Sections 2451 to 2451b were omitted pursuant to section 2451b(c), which provided that this part ceased to be effective 12 years after the date of entry into force of the Protocol of Accession of the People’s Republic of China to the World Trade Organization, which date was Dec. 11, 2001. Section 2451, Pub. L. 93–618, title IV, § 421, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 882; amended Pub. L. 108–429, title II, § 2004(d)(3), Dec. 3, 2004, 118 Stat. 2592, related to action to address market disruption. Section 2451a, Pub. L. 93–618, title IV, § 422, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 887; amended Pub. L. 108–429, title II, § 2004(d)(4), Dec. 3, 2004, 118 Stat. 2592, related to action in response to trade diversion. Section 2451b, Pub. L. 93–618, title IV, § 423, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 890, related to regulations; termination of provision.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2462 — Designation of beneficiary developing

Page 695 TITLE 19—CUSTOMS DUTIES § 2462 ‘‘(i) after December 31, 1995, and ‘‘(ii) before October 1, 1996, and to which duty-free treatment under title V of the Trade Act of 1974 [this subchapter] (as amended by this subtitle) would have applied if the entry had been made on or after October 1, 1996, shall be liq- uidated or reliquidated as free of duty, and the Sec- retary of the Treasury shall refund any duty paid with respect to such entry. ‘‘(2) LIMITATION ON REFUNDS.—No refund shall be made pursuant to this subsection before October 1, 1996. ‘‘(3) ENTRY.—As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for consumption. ‘‘(c) REQUESTS.—Liquidation or reliquidation may be made under subsection (b) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act [Aug. 20, 1996], that contains sufficient in- formation to enable the Customs Service— ‘‘(1) to locate the entry; or ‘‘(2) to reconstruct the entry if it cannot be lo- cated.’’ § 2462. Designation of beneficiary developing countries (a) Authority to designate countries (1) Beneficiary developing countries The President is authorized to designate countries as beneficiary developing countries for purposes of this subchapter. (2) Least-developed beneficiary developing countries The President is authorized to designate any beneficiary developing country as a least-de- veloped beneficiary developing country for purposes of this subchapter, based on the con- siderations in section 2461 of this title and sub- section (c) of this section. (b) Countries ineligible for designation (1) Specific countries The following countries may not be des- ignated as beneficiary developi

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Federal law — U.S. Code and appendices · legal_authorities

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

The President is authorized to designate a sub-Saharan African country as an eligible sub-Saharan African country if the President determines 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 interference in the economy through measures such as price controls, subsidies, and government 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 investment; (ii) the protection of intellectual property; 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 formation 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 recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work

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Federal law — U.S. Code and appendices · legal_authorities

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 t

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3705 — Reporting requirement

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.

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19 U.S.C. § 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 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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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

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