To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes
Record date: 2020-12-29
Proclamation 10128 of December 22, 2020 To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes A Proclamation 1. In Proclamation 8618 of December 21, 2010, the President determined that the Democratic Republic of the Congo (DRC) was not making continual progress in meeting the requirements described in section 506A(a)(1) of the Trade Act of 1974, as amended (the “Trade Act”), as added by section 111(a) of the African Growth and Opportunity Act (the “AGOA”) (title I of Public Law 106-200 , 114 Stat. 251,
What this record contains
- Federal Register document
- 2020-28878
- Publication date
- 2020-12-29
- Citation
- 85 FR 85491
- Issuing office
- Executive Office of the President
Official record excerpt
Proclamation 10128 of December 22, 2020 To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes A Proclamation 1. In Proclamation 8618 of December 21, 2010, the President determined that the Democratic Republic of the Congo (DRC) was not making continual progress in meeting the requirements described in section 506A(a)(1) of the Trade Act of 1974, as amended (the “Trade Act”), as added by section 111(a) of the African Growth and Opportunity Act (the “AGOA”) (title I of Public Law 106-200 , 114 Stat. 251, 257-58 ( 19 U.S.C. 2466a(a)(1) )). Thus, pursuant to section 506A(a)(3) of the Trade Act ( 19 U.S.C. 2466a(a)(3) ), the President terminated the designation of the DRC as a beneficiary sub-Saharan African country for purposes of section 506A(a)(1) of the Trade Act. 2. Section 506A(a)(1) of the Trade Act authorizes the President to designate a country listed in section 107 of the AGOA ( 19 U.S.C. 3706 ) as a “beneficiary sub-Saharan African country” if the President determines that the country meets the eligibility requirements set forth in section 104 of the AGOA ( 19 U.S.C. 3703 ), as well as the eligibility criteria set forth in section 502 of the Trade Act ( 19 U.S.C. 2462 ). 3. Pursuant to section 506A(a)(1) of the Trade Act, based on actions that the Government of the DRC has taken, I have determined that the DRC meets the eligibility requirements set forth in section 104 of the AGOA and the eligibility criteria set forth in section 502 of the Trade Act, and I have determined to designate the DRC as a beneficiary sub-Saharan African country. 4. Section 112(c) of the AGOA, as amended in section 6002 of the Africa Investment Incentive Act of 2006 (division D of title VI of Public Law 109-432 , 120 Stat. 2922, 3190-93 ( 19 U.S.C. 3721(c) )), provides special rules for certain apparel articles imported from “lesser developed beneficiary sub-Saharan African countries.” 5. I have also determined that the DRC satisfies the criterion for treatment as a “lesser developed beneficiary sub-Saharan African country” under section 112(c) of the AGOA. 6. On April 22, 1985, the United States and Israel entered into the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel (the “USIFTA”), which the Congress approved in section 3 of the United States-Israel Free Trade Area Implementation Act of 1985 (the “USIFTA Act”) (Public Law 99-47, 99 Stat. 82 ( 19 U.S.C. 2112 note )). 7. Section 4(b) of the USIFTA Act provides that, whenever the President determines that it is necessary to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, the President may proclaim such withdrawal, suspension, modification, or continuance of any duty, or such continuance of existing duty-free or excise treatment, or such additional duties, as the President determines to be required or appropriate to carry out the USIFTA. ( printed page 85492) 8. In order to maintain the general level of reciprocal and mutually advantageous concessions with respect to agricultural trade with Israel, on July 27, 2004, the United States entered into an agreement with Israel concerning certain aspects of trade in agricultural products during the period January 1, 2004, through December 31, 2008 (the “2004 Agreement”). 9. In Proclamation 7826 of October 4, 2004, consistent with the 2004 Agreement, the President determined, pursuant to section 4(b) of the USIFTA Act, that, in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, it was necessary to provide duty-free access into the United States through December 31, 2008, for specified quantities of certain agricultural products of Israel. 10. Each year from 2008 through 2019, the United States and Israel entered into agreements to extend the period that the 2004 Agreement was in force for 1-year periods to allow additional time for the two governments to conclude an agreement to replace the 2004 Agreement. 11. To carry out the extension agreements, the President in Proclamation 8334 of December 31, 2008; Proclamation 8467 of December 23, 2009;
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