US (United States) Code. Title 19. Chapter 23: Extension of certain trade benefits to Sub-Saharan Africa

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19 USC CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS

TO SUB-SAHARAN AFRICA 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

.

-HEAD-

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

-MISC1-

SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

Sec.

3701. Findings.

3702. Statement of policy.

3703. Eligibility requirements.

(a) In general.

(b) Continuing compliance.

3704. United States-Sub-Saharan Africa Trade and Economic

Cooperation Forum.

(a) Declaration of policy.

(b) Establishment.

(c) Requirements.

(d) Dissemination of information by USIS.

(e) HIV/AIDS effect on the sub-Saharan African

workforce.

3705. Reporting requirement.

3706. Sub-Saharan Africa defined.

SUBCHAPTER II - TRADE BENEFITS

3721. Treatment of certain textiles and apparel.

(a) Preferential treatment.

(b) Products covered.

(c) Treatment of quotas on textile and apparel

imports from Kenya and Mauritius.

(d) Special rules.

(e) Definitions.

(f) Effective date.

3722. Protections against transshipment.

(a) Preferential treatment conditioned on enforcement

measures.

(b) Customs procedures and enforcement.

(c) Customs Service enforcement.

(d) Authorization of appropriations.

3723. Free trade agreements with sub-Saharan African countries.

(a) Declaration of policy.

(b) Plan requirement.

(c) Reporting requirement.

3724. Assistant United States Trade Representative for African

Affairs.

SUBCHAPTER III - ECONOMIC DEVELOPMENT RELATED ISSUES

3731. Sense of the Congress regarding comprehensive debt relief for

the world's poorest countries.

(a) Findings.

(b) Sense of the Congress.

3732. Executive branch initiatives.

(a) Statement of the Congress.

(b) Technical assistance to promote economic reforms

and development.

3733. Overseas Private Investment Corporation initiatives.

(a) Initiation of funds.

(b) Structure and types of funds.

(c) Overseas Private Investment Corporation.

3734. Export-Import Bank initiatives.

(a) Sense of the Congress.

(b) Sub-Saharan Africa Advisory Committee.

3735. Expansion of the United States and Foreign Commercial Service

in sub-Saharan Africa.

(a) Findings.

(b) Appointments.

(c) Initiative for sub-Saharan Africa.

3736. Donation of air traffic control equipment to eligible

sub-Saharan African countries.

3737. Additional authorities and increased flexibility to provide

assistance under the Development Fund for Africa.

(a) Use of sustainable development assistance to

support further economic growth.

(b) Declarations of policy.

3738. Assistance from United States private sector to prevent and

reduce HIV/AIDS in sub-Saharan Africa.

3739. Sense of the Congress relating to HIV/AIDS crisis in

sub-Saharan Africa.

(a) Findings.

(b) Sense of the Congress.

3740. Study on improving African agricultural practices.

(a) In general.

(b) Land Grant Colleges and not-for-profit

institutions.

3741. Sense of the Congress regarding efforts to combat

desertification in Africa and other countries.

(a) Findings.

(b) Sense of the Congress.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2272 of this title; title

6 section 212.

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19 USC SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

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SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

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19 USC Sec. 3701 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

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Sec. 3701. Findings

-STATUTE-

Congress finds that -

(1) it is in the mutual interest of the United States and the

countries of sub-Saharan Africa to promote stable and sustainable

economic growth and development in sub-Saharan Africa;

(2) the 48 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 strengthening of democracy

as countries in sub-Saharan 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 regional

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 political process in

which political freedom can flourish;

(8) increased trade and investment flows have the greatest

impact in an economic environment in which trading partners

eliminate barriers to trade and capital flows and encourage the

development of a vibrant private sector that offers individual

African citizens the freedom to expand their economic

opportunities and provide for their families;

(9) offering the countries of sub-Saharan Africa enhanced trade

preferences will encourage both higher levels of trade and direct

investment 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.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 102, May 18, 2000, 114 Stat. 252.)

-MISC1-

SHORT TITLE

Pub. L. 106-200, Sec. 1(a), May 18, 2000, 114 Stat. 251, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Trade and Development Act of 2000'.''

Pub. L. 106-200, title I, Sec. 101, May 18, 2000, 114 Stat. 252,

provided that: ''This title (enacting this chapter and sections

2466a and 2466b of this title and amending section 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'.''

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19 USC Sec. 3702 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

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SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

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Sec. 3702. Statement of policy

-STATUTE-

Congress supports -

(1) encouraging increased trade and investment between the

United States and sub-Saharan 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 efforts;

(4) negotiating reciprocal and mutually beneficial trade

agreements, including the possibility 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 eradication of poverty;

(6) strengthening and expanding the private sector in

sub-Saharan Africa, especially enterprises owned by women and

small businesses;

(7) facilitating the development of civil societies and

political freedom in sub-Saharan Africa;

(8) establishing a United States-Sub-Saharan Africa Trade and

Economic Cooperation Forum; and

(9) the accession of the countries in sub-Saharan Africa to the

Organization for Economic Cooperation and Development (OECD)

Convention on Combating Bribery of Foreign Public Officials in

International Business Transactions.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 103, May 18, 2000, 114 Stat. 253.)

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19 USC Sec. 3703 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

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Sec. 3703. Eligibility requirements

-STATUTE-

(a) In general

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, 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, and occupational safety and

health;

(2) does not engage in activities that undermine United States

national security or foreign policy interests; and

(3) does not engage in gross violations of internationally

recognized human rights or provide support for acts of

international terrorism and cooperates in international efforts

to eliminate human rights violations and terrorist activities.

(b) Continuing compliance

If the President determines that an eligible sub-Saharan African

country is not making continual progress in meeting the

requirements described in subsection (a)(1) of this section, the

President shall terminate the designation of the country made

pursuant to subsection (a) of this section.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 104, May 18, 2000, 114 Stat. 254.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2466a, 3704, 3736 of this

title.

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19 USC Sec. 3704 01/06/03

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SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

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Sec. 3704. United States-Sub-Saharan Africa Trade and Economic

Cooperation Forum

-STATUTE-

(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 governments of sub-Saharan African

countries eligible 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 expanding trade and investment

relations between the United States and sub-Saharan Africa and

the implementation of this chapter including 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

appropriate sub-Saharan African regional organizations and

government officials from other appropriate 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 purpose of discussing the issues described in

paragraph (1).

(B) The President, in consultation with the Congress, shall

encourage United States representatives of the private sector to

host annual meetings with representatives of the private sector

from sub-Saharan Africa in conjunction 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 practicable, meet with

the heads of governments of sub-Saharan African countries

eligible under section 3703 of this title, and those sub-Saharan

African countries that the President determines 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 support of the free

market economic reforms described 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.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 105, May 18, 2000, 114 Stat. 255.)

-REFTEXT-

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.

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19 USC Sec. 3705 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

-HEAD-

Sec. 3705. Reporting requirement

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 106, May 18, 2000, 114 Stat. 256.)

-REFTEXT-

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, 2000, 114

Stat. 252, which enacted this chapter and sections 2466a and 2466b

of this title and amended section 2463 of this title and sections

2193 and 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2466a of this title.

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19 USC Sec. 3706 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER I - TRADE POLICY FOR SUB-SAHARAN AFRICA

-HEAD-

Sec. 3706. Sub-Saharan Africa defined

-STATUTE-

For purposes of this chapter, the terms ''sub-Saharan Africa'',

''sub-Saharan African country'', ''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 CoAE3te d'Ivoire (CoAE3te 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 (Mauritania).

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 TomeAE1 and Principe (Sao TomeAE1

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 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).

-SOURCE-

(Pub. L. 106-200, title I, Sec. 107, May 18, 2000, 114 Stat. 256.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2466a of this title; title

7 section 1737.

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19 USC SUBCHAPTER II - TRADE BENEFITS 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER II - TRADE BENEFITS

.

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SUBCHAPTER II - TRADE BENEFITS

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19 USC Sec. 3721 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER II - TRADE BENEFITS

-HEAD-

Sec. 3721. Treatment of certain textiles and apparel

-STATUTE-

(a) Preferential treatment

Textile and apparel articles described in subsection (b) of this

section that are imported directly into the customs territory of

the United States from a beneficiary sub-Saharan African country

described in section 2466a(c) of this title, shall enter the United

States free of duty and free of any quantitative limitations in

accordance with the provisions set forth in subsection (b) of this

section, if the country has satisfied the requirements set forth in

section 3722 of this title.

(b) Products covered

The preferential treatment described in subsection (a) of this

section shall apply only to the following textile and apparel

products:

(1) Apparel articles assembled in one or more beneficiary

sub-Saharan African countries

Apparel articles sewn or otherwise assembled in one or more

beneficiary sub-Saharan African countries from fabrics wholly

formed and cut, or from components knit-to-shape, in the United

States from yarns wholly formed in the United States, (including

fabrics not formed from yarns, if such fabrics are classifiable

under heading 5602 or 5603 of the Harmonized Tariff Schedule of

the United States and are wholly formed and cut in the United

States) that are -

(A) entered under subheading 9802.00.80 of the Harmonized

Tariff Schedule of the United States; or

(B) entered under chapter 61 or 62 of the Harmonized Tariff

Schedule of the United States, if, after such assembly, the

articles would have qualified for entry under subheading

9802.00.80 of the Harmonized Tariff Schedule of the United

States but for the fact that the articles were embroidered or

subjected to stone-washing, enzyme-washing, acid washing,

perma-pressing, oven-baking, bleaching, garment-dyeing, screen

printing, or other similar processes.

(2) Other apparel articles assembled in one or more beneficiary

sub-Saharan African countries

Apparel articles sewn or otherwise assembled in one or more

beneficiary sub-Saharan African countries with thread formed in

the United States from fabrics wholly formed in the United States

and cut in one or more beneficiary sub-Saharan African countries

from yarns wholly formed in the United States, or from components

knit-to-shape in the United States from yarns wholly formed in

the United States, or both (including fabrics not formed from

yarns, if such fabrics are classifiable under heading 5602 or

5603 of the Harmonized Tariff Schedule of the United States and

are wholly formed in the United States).

(3) Apparel articles from regional fabric or yarns

Apparel articles wholly assembled in one or more beneficiary

sub-Saharan African countries from fabric wholly formed in one or

more beneficiary sub-Saharan African countries from yarns

originating either in the United States or one or more

beneficiary sub-Saharan African countries (including fabrics not

formed from yarns, if such fabrics are classified under heading

5602 or 5603 of the Harmonized Tariff Schedule of the United

States and are wholly formed in one or more beneficiary

sub-Saharan African countries), or from components knit-to-shape

in one or more beneficiary sub-Saharan African countries from

yarns originating either in the United States or one or more

beneficiary sub-Saharan African countries, or apparel articles

wholly formed on seamless knitting machines in a beneficiary

sub-Saharan African country from yarns originating either in the

United States or one or more beneficiary sub-Saharan African

countries, subject to the following:

(A) Limitations on benefits

(i) In general

Preferential treatment under this paragraph shall be

extended in the 1-year period beginning on October 1, 2000,

and in each of the seven succeeding 1-year periods, to

imports of apparel articles in an amount not to exceed the

applicable percentage of the aggregate square meter

equivalents of all apparel articles imported into the United

States in the preceding 12-month period for which data are

available.

(ii) Applicable percentage

For purposes of this subparagraph, the term ''applicable

percentage'' means 1.5 percent for the 1-year period

beginning October 1, 2000, increased in each of the seven

succeeding 1-year periods by equal increments, so that for

the period beginning October 1, 2007, the applicable

percentage does not exceed 3.5 percent.

(B) Special rule for lesser developed countries

(i) In general

Subject to subparagraph (A), preferential treatment under

this paragraph shall be extended through September 30, 2004,

for apparel articles wholly assembled, or knit-to-shape and

wholly assembled, or both, in one or more lesser developed

beneficiary sub-Saharan African countries regardless of the

country of origin of the fabric or the yarn used to make such

articles.

(ii) Lesser developed beneficiary sub-Saharan African country

For purposes of clause (i), the term ''lesser developed

beneficiary sub-Saharan African country'' means -

(I) a beneficiary sub-Saharan African country that had a

per capita gross national product of less than $1,500 in

1998, as measured by the International Bank for

Reconstruction and Development;

(II) Botswana; and

(III) Namibia.

(C) Surge mechanism

(i) Import monitoring

The Secretary of Commerce shall monitor imports of articles

described in this paragraph on a monthly basis to determine

if there has been a surge in imports of such articles. In

order to permit public access to preliminary international

trade data and to facilitate the early identification of

potentially disruptive import surges, the Director of the

Office of Management and Budget may grant an exception to the

publication dates established for the release of data on

United States international trade in covered articles, if the

Director notifies Congress of the early release of the data.

(ii) Determination of damage or threat thereof

Whenever the Secretary of Commerce determines, based on the

data described in clause (i), or pursuant to a written

request made by an interested party, that there has been a

surge in imports of an article described in this paragraph

from a beneficiary sub-Saharan African country, the Secretary

shall determine whether such article from such country is

being imported in such increased quantities as to cause

serious damage, or threat thereof, to the domestic industry

producing a like or directly competitive article. If the

Secretary's determination is affirmative, the President shall

suspend the duty-free treatment provided for such article

under this paragraph. If the inquiry is initiated at the

request of an interested party, the Secretary shall make the

determination within 60 days after the date of the request.

(iii) Factors to consider

In determining whether a domestic industry has been

seriously damaged, or is threatened with serious damage, the

Secretary shall examine the effect of the imports on relevant

economic indicators such as domestic production, sales,

market share, capacity utilization, inventories, employment,

profits, exports, prices, and investment.

(iv) Procedure

(I) Initiation

The Secretary of Commerce shall initiate an inquiry

within 10 days after receiving a written request and

supporting information for an inquiry from an interested

party. Notice of initiation of an inquiry shall be

published in the Federal Register.

(II) Participation by interested parties

The Secretary of Commerce shall establish procedures to

ensure participation in the inquiry by interested parties.

(III) Notice of determination

The Secretary shall publish the determination described

in clause (ii) in the Federal Register.

(IV) Information available

If relevant information is not available on the record or

any party withholds information that has been requested by

the Secretary, the Secretary shall make the determination

on the basis of the facts available. When the Secretary

relies on information submitted in the inquiry as facts

available, the Secretary shall, to the extent practicable,

corroborate the information from independent sources that

are reasonably available to the Secretary.

(v) Interested party

For purposes of this subparagraph, the term ''interested

party'' means any producer of a like or directly competitive

article, a certified union or recognized union or group of

workers which is representative of an industry engaged in the

manufacture, production, or sale in the United States of a

like or directly competitive article, a trade or business

association representing producers or sellers of like or

directly competitive articles, producers engaged in the

production of essential inputs for like or directly

competitive articles, a certified union or group of workers

which is representative of an industry engaged in the

manufacture, production, or sale of essential inputs for the

like or directly competitive article, or a trade or business

association representing companies engaged in the

manufacture, production, or sale of such essential inputs.

(4) Sweaters knit-to-shape from cashmere or merino wool

(A) Cashmere

Sweaters, in chief weight of cashmere, knit-to-shape in one

or more beneficiary sub-Saharan African countries and

classifiable under subheading 6110.10 of the Harmonized Tariff

Schedule of the United States.

(B) Merino wool

Sweaters, 50 percent or more by weight of wool measuring 21.5

microns in diameter or finer, knit-to-shape in one or more

beneficiary sub-Saharan African countries.

(5) Apparel articles wholly assembled from fabric or yarn not

available in commercial quantities in the United States

(A) In general

Apparel articles that are both cut (or knit-to-shape) and

sewn or otherwise assembled in one or more beneficiary

sub-Saharan African countries, from fabric or yarn that is not

formed in the United States or a beneficiary sub-Saharan

African country, to the extent that apparel articles of such

fabrics or yarns would be eligible for preferential treatment,

without regard to the source of the fabric or yarn, under Annex

401 to the NAFTA.

(B) Additional apparel articles

At the request of any interested party and subject to the

following requirements, the President is authorized to proclaim

the treatment provided under subparagraph (A) for yarns or

fabrics not described in subparagraph (A) if -

(i) the President determines that such yarns or fabrics

cannot be supplied by the domestic industry in commercial

quantities in a timely manner;

(ii) the President has obtained advice regarding the

proposed action from the appropriate advisory committee

established under section 2155 of this title and the United

States International Trade Commission;

(iii) within 60 calendar days after the request, the

President has submitted a report to the Committee on Ways and

Means of the House of Representatives and the Committee on

Finance of the Senate that sets forth -

(I) the action proposed to be proclaimed and the reasons

for such action; and

(II) the advice obtained under clause (ii);

(iv) a period of 60 calendar days, beginning with the first

day on which the President has met the requirements of

subclauses (I) and (II) of clause (iii), has expired; and

(v) the President has consulted with such committees

regarding the proposed action during the period referred to

in clause (iii).

(6) Handloomed, handmade, and folklore articles

A handloomed, handmade, or folklore article of a beneficiary

sub-Saharan African country or countries that is certified as

such by the competent authority of such beneficiary country or

countries. For purposes of this paragraph, the President, after

consultation with the beneficiary sub-Saharan African country or

countries concerned, shall determine which, if any, particular

textile and apparel goods of the country (or countries) shall be

treated as being handloomed, handmade, or folklore articles.

(7) Apparel articles assembled in one or more beneficiary

sub-Saharan African countries from United States and

beneficiary sub-Saharan African country components

Apparel articles sewn or otherwise assembled in one or more

beneficiary sub-Saharan African countries with thread formed in

the United States from components cut in the United States and

one or more beneficiary sub-Saharan African countries from fabric

wholly formed in the United States from yarns wholly formed in

the United States, or from components knit-to-shape in the United

States and one or more beneficiary sub-Saharan African countries

from yarns wholly formed in the United States, or both (including

fabrics not formed from yarns, if such fabrics are classifiable

under heading 5602 or 5603 of the Harmonized Tariff Schedule of

the United States).

(c) Treatment of quotas on textile and apparel imports from Kenya

and Mauritius

The President shall eliminate the existing quotas on textile and

apparel articles imported into the United States -

(1) from Kenya within 30 days after that country adopts an

effective visa system to prevent unlawful transshipment of

textile and apparel articles and the use of counterfeit documents

relating to the importation of the articles into the United

States; and

(2) from Mauritius within 30 days after that country adopts

such a visa system.

The Customs Service shall provide the necessary technical

assistance to Kenya and Mauritius in the development and

implementation of the visa systems.

(d) Special rules

(1) Findings and trimmings

(A) General rule

An article otherwise eligible for preferential treatment

under this section shall not be ineligible for such treatment

because the article contains findings or trimmings of foreign

origin, if the value of such findings and trimmings do not

exceed 25 percent of the cost of the components of the

assembled article. Examples of findings and trimmings are

sewing thread, hooks and eyes, snaps, buttons, ''bow buds'',

decorative lace trim, elastic strips, and zippers, including

zipper tapes and labels. Elastic strips are considered

findings or trimmings only if they are each less than 1 inch in

width and used in the production of brassieres.

(B) Certain interlinings

(i) General rule

An article otherwise eligible for preferential treatment

under this section shall not be ineligible for such treatment

because the article contains certain interlinings of foreign

origin, if the value of such interlinings (and any findings

and trimmings) does not exceed 25 percent of the cost of the

components of the assembled article.

(ii) Interlinings described

Interlinings eligible for the treatment described in clause

(i) include only a chest type plate, a ''hymo'' piece, or

''sleeve header'', of woven or weft-inserted warp knit

construction and of coarse animal hair or man-made filaments.

(iii) Termination of treatment

The treatment described in this subparagraph shall

terminate if the President makes a determination that United

States manufacturers are producing such interlinings in the

United States in commercial quantities.

(C) Exception

In the case of an article described in subsection (b)(2) of

this section, sewing thread shall not be treated as findings or

trimmings under subparagraph (A).

(2) De minimis rule

An article otherwise eligible for preferential treatment under

this section shall not be ineligible for such treatment because

the article contains fibers or yarns not wholly formed in the

United States or one or more beneficiary sub-Saharan African

countries if the total weight of all such fibers and yarns is not

more than 7 percent of the total weight of the article.

(e) Definitions

In this section and section 3722 of this title:

(1) Agreement on textiles and clothing

The term ''Agreement on Textiles and Clothing'' means the

Agreement on Textiles and Clothing referred to in section

3511(d)(4) of this title.

(2) Beneficiary sub-Saharan African country, etc.

The terms ''beneficiary sub-Saharan African country'' and

''beneficiary sub-Saharan African countries'' have the same

meaning as such terms have under section 2466a(c) of this title.

(3) NAFTA

The term ''NAFTA'' means the North American Free Trade

Agreement entered into between the United States, Mexico, and

Canada on December 17, 1992.

(f) Effective date

This section takes effect on October 1, 2000, and shall remain in

effect through September 30, 2008.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 112, May 18, 2000, 114 Stat. 258;

Pub. L. 107-210, div. C, title XXXI, Sec. 3108(a), Aug. 6, 2002,

116 Stat. 1038.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (b)(1) to (4), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-210, Sec. 3108(a)(1),

substituted ''Apparel articles assembled in one or more beneficiary

sub-Saharan African countries'' for ''Apparel articles assembled in

beneficiary sub-Saharan African countries'' in heading and amended

introductory provisions generally. Prior to amendment,

introductory provisions read as follows: ''Apparel articles

assembled in one or more beneficiary sub-Saharan African countries

from fabrics wholly formed and cut in the United States, from yarns

wholly formed in the United States, (including fabrics not formed

from yarns, if such fabrics are classifiable under heading 5602 or

5603 of the Harmonized Tariff Schedule of the United States and are

wholly formed and cut in the United States) that are - ''.

Subsec. (b)(2). Pub. L. 107-210, Sec. 3108(a)(2), substituted

''Other apparel articles assembled in one or more beneficiary

sub-Saharan African countries'' for ''Apparel articles cut and

assembled in beneficiary sub-Saharan African countries'' in heading

and amended text generally. Prior to amendment, text read as

follows: ''Apparel articles cut in one or more beneficiary

sub-Saharan African countries from fabric wholly formed in the

United States from yarns wholly formed in the United States,

(including fabrics not formed from yarns, if such fabrics are

classifiable under heading 5602 or 5603 of the Harmonized Tariff

Schedule of the United States and are wholly formed in the United

States) if such articles are assembled in one or more beneficiary

sub-Saharan African countries with thread formed in the United

States.''

Subsec. (b)(3). Pub. L. 107-210, Sec. 3108(a)(3)(A), substituted

''Apparel articles from regional fabric or yarns'' for ''Apparel

articles assembled from regional and other fabric'' in heading and

amended introductory provisions generally. Prior to amendment,

introductory provisions read as follows: ''Apparel articles wholly

assembled in one or more beneficiary sub-Saharan African countries

from fabric wholly formed in one or more beneficiary sub-Saharan

African countries from yarn originating either in the United States

or one or more beneficiary sub-Saharan African countries (including

fabrics not formed from yarns, if such fabrics are classifiable

under heading 5602 or 5603 of the Harmonized Tariff Schedule of the

United States and are wholly formed and cut in one or more

beneficiary sub-Saharan African countries), subject to the

following:''.

Subsec. (b)(3)(B). Pub. L. 107-210, Sec. 3108(a)(3)(B), amended

heading and text generally. Prior to amendment, text read as

follows:

''(i) In general. - Subject to subparagraph (A), preferential

treatment shall be extended through September 30, 2004, for apparel

articles wholly assembled in one or more lesser developed

beneficiary sub-Saharan African countries regardless of the country

of origin of the fabric used to make such articles.

''(ii) Lesser developed beneficiary sub-saharan african country.

- For purposes of this subparagraph the term 'lesser developed

beneficiary sub-Saharan African country' means a beneficiary

sub-Saharan African country that had a per capita gross national

product of less than $1,500 a year in 1998, as measured by the

World Bank.''

Subsec. (b)(4)(B). Pub. L. 107-210, Sec. 3108(a)(4), substituted

''21.5 microns'' for ''18.5 microns''.

Subsec. (b)(7). Pub. L. 107-210, Sec. 3108(a)(5), added par. (7).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

DELEGATION OF AUTHORITY

For delegation of certain authority of the President under this

section to the Committee for the Implementation of Textile

Agreements and the United States Trade Representative, see Ex. Ord.

No. 13191, Sec. 1-3, Jan. 17, 2001, 66 F.R. 7271, set out as a note

under section 2703 of this title.

-MISC5-

INCREASE IN LIMITATION ON CERTAIN BENEFITS

Pub. L. 107-210, div. C, title XXXI, Sec. 3108(b), Aug. 6, 2002,

116 Stat. 1039, provided that: ''The applicable percentage under

clause (ii) of section 112(b)(3)(A) of the African Growth and

Opportunity Act (19 U.S.C. 3721(b)(3)(A)) shall be increased -

''(1) by 2.17 percent for the 1-year period beginning on

October 1, 2002, and

''(2) by equal increments in each succeeding 1-year period

provided for in such clause, so that for the 1-year period

beginning October 1, 2007, the applicable percentage is increased

by 3.5 percent,

except that such increase shall not apply with respect to articles

eligible under subparagraph (B) of section 112(b)(3) of that Act.''

-EXEC-

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. (5)

that the United States Trade Representative is authorized to

determine whether Kenya and Mauritius have satisfied the

requirements of section 3721(c) of this title, is directed to set

forth the determination in a notice to be published in the Federal

Register and to cause the existing quotas on textile and apparel

articles imported into the United States from such country to be

eliminated within 30 days after the determination, and is

authorized to exercise the authority provided to the President

under section 2483 of this title to embody modifications and

technical or conforming changes in the Harmonized Tariff Schedule

of the United States.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3722 of this title.

-CITE-

19 USC Sec. 3722 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER II - TRADE BENEFITS

-HEAD-

Sec. 3722. Protections against transshipment

-STATUTE-

(a) Preferential treatment conditioned on enforcement measures

(1) In general

The preferential treatment under section 3721(a) of this title

shall not be provided to textile and apparel articles that are

imported from a beneficiary sub-Saharan African country unless

that country -

(A) has adopted an effective visa system, domestic laws, and

enforcement procedures applicable to covered articles to

prevent unlawful transshipment of the articles and the use of

counterfeit documents relating to the importation of the

articles into the United States;

(B) has enacted legislation or promulgated regulations that

would permit United States Customs Service verification teams

to have the access necessary to investigate thoroughly

allegations of transshipment through such country;

(C) agrees to report, on a timely basis, at the request of

the United States Customs Service, on the total exports from

and imports into that country of covered articles, consistent

with the manner in which the records are kept by that country;

(D) will cooperate fully with the United States to address

and take action necessary to prevent circumvention as provided

in Article 5 of the Agreement on Textiles and Clothing;

(E) agrees to require all producers and exporters of covered

articles in that country to maintain complete records of the

production and the export of covered articles, including

materials used in the production, for at least 2 years after

the production or export (as the case may be); and

(F) agrees to report, on a timely basis, at the request of

the United States Customs Service, documentation establishing

the country of origin of covered articles as used by that

country in implementing an effective visa system.

(2) Country of origin documentation

For purposes of paragraph (1)(F), documentation regarding the

country of origin of the covered articles includes documentation

such as production records, information relating to the place of

production, the number and identification of the types of

machinery used in production, the number of workers employed in

production, and certification from both the manufacturer and the

exporter.

(b) Customs procedures and enforcement

(1) In general

(A) Regulations

Any importer that claims preferential treatment under section

3721 of this title shall comply with customs procedures similar

in all material respects to the requirements of Article 502(1)

of the NAFTA as implemented pursuant to United States law, in

accordance with regulations promulgated by the Secretary of the

Treasury.

(B) Determination

(i) In general

In order to qualify for the preferential treatment under

section 3721 of this title and for a Certificate of Origin to

be valid with respect to any article for which such treatment

is claimed, there shall be in effect a determination by the

President that each country described in clause (ii) -

(I) has implemented and follows; or

(II) is making substantial progress toward implementing

and following,

procedures and requirements similar in all material respects

to the relevant procedures and requirements under chapter 5

of the NAFTA.

(ii) Country described

A country is described in this clause if it is a

beneficiary sub-Saharan African country -

(I) from which the article is exported; or

(II) in which materials used in the production of the

article originate or in which the article or such

materials, undergo production that contributes to a claim

that the article is eligible for preferential treatment.

(2) Certificate of Origin

The Certificate of Origin that otherwise would be required

pursuant to the provisions of paragraph (1) shall not be required

in the case of an article imported under section 3721 of this

title if such Certificate of Origin would not be required under

Article 503 of the NAFTA (as implemented pursuant to United

States law), if the article were imported from Mexico.

(3) Penalties for exporters

If the President determines, based on sufficient evidence, that

an exporter has engaged in transshipment as defined in paragraph

(4), then the President shall deny for a period of 5 years all

benefits under section 3721 of this title to such exporter, any

successor of such exporter, and any other entity owned or

operated by the principal of the exporter.

(4) Transshipment described

Transshipment within the meaning of this subsection has

occurred when preferential treatment for a textile or apparel

article under this chapter (FOOTNOTE 1) has been claimed on the

basis of material false information concerning the country of

origin, manufacture, processing, or assembly of the article or

any of its components. For purposes of this paragraph, false

information is material if disclosure of the true information

would mean or would have meant that the article is or was

ineligible for preferential treatment under section 3721 of this

title.

(FOOTNOTE 1) See References in Text note below.

(5) Monitoring and reports to Congress

The Customs Service shall monitor and the Commissioner of

Customs shall submit to Congress, not later than March 31 of each

year, a report on the effectiveness of the visa systems and the

implementation of legislation and regulations described in

subsection (a) of this section and on measures taken by countries

in sub-Saharan Africa which export textiles or apparel to the

United States to prevent circumvention as described in Article 5

of the Agreement on Textiles and Clothing.

(c) Customs Service enforcement

The Customs Service shall -

(1) make available technical assistance to the beneficiary

sub-Saharan African countries -

(A) in the development and implementation of visa systems,

legislation, and regulations described in subsection (a)(1)(A)

of this section; and

(B) to train their officials in anti-transshipment

enforcement;

(2) send production verification teams to at least four

beneficiary sub-Saharan African countries each year; and

(3) to the extent feasible, place beneficiary sub-Saharan

African countries on the Electronic Visa (ELVIS) program.

(d) Authorization of appropriations

There is authorized to be appropriated to carry out subsection

(c) of this section the sum of $5,894,913.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 113, May 18, 2000, 114 Stat. 263.)

-REFTEXT-

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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

DELEGATION OF AUTHORITY

Authority of President under subsec. (b)(3) of this section

delegated to the Committee for the Implementation 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.

-EXEC-

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 beneficiary sub-Saharan African

country has satisfied the requirements of section 3722(a) of this

title, relating to the establishment of procedures to protect

against unlawful 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 relevant 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 provided to the President under section 2483

of this title to embody modifications and technical or conforming

changes in the HTS.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3721 of this title.

-CITE-

19 USC Sec. 3723 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER II - TRADE BENEFITS

-HEAD-

Sec. 3723. Free trade agreements with sub-Saharan African countries

-STATUTE-

(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 Congress and the private

sector during the negotiations.

(ii) Consultation with the Congress regarding all matters

relating to implementation of the agreement or agreements.

(iii) Approval by the Congress of the agreement or

agreements.

(iv) Adequate consultations with the relevant African

governments and African regional and subregional

intergovernmental organizations during the negotiation of the

agreement or agreements.

(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) of this section.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 116, May 18, 2000, 114 Stat. 266.)

-CITE-

19 USC Sec. 3724 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER II - TRADE BENEFITS

-HEAD-

Sec. 3724. Assistant United States Trade Representative for African

Affairs

-STATUTE-

It is the sense of the Congress that -

(1) the position of Assistant United States Trade

Representative for African Affairs is integral to the United

States commitment to increasing 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 investment matters and serve as -

(A) a primary point of contact in the executive branch for

those persons engaged in trade between the United States and

sub-Saharan 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 Affairs described in

paragraph (2), subject to the availability of appropriations.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 117, May 18, 2000, 114 Stat. 267.)

-CITE-

19 USC SUBCHAPTER III - ECONOMIC DEVELOPMENT RELATED

ISSUES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER III - ECONOMIC DEVELOPMENT RELATED ISSUES

.

-HEAD-

SUBCHAPTER III - ECONOMIC DEVELOPMENT RELATED ISSUES

-CITE-

19 USC Sec. 3731 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER III - ECONOMIC DEVELOPMENT RELATED ISSUES

-HEAD-

Sec. 3731. Sense of the Congress regarding comprehensive debt

relief for the world's poorest countries

-STATUTE-

(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

poorest countries.

(2) Until recently, the United States Government and other

official creditors sought to address this problem by rescheduling

loans and in some cases providing limited debt reduction.

(3) Despite such efforts, the cumulative debt of many of the

world's poorest countries continued 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 international

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 undergoing 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 ensure that the Initiative

accomplishes the goals of economic growth and poverty alleviation

in the world's poorest countries.

(b) Sense of the Congress

It is the sense of the Congress that -

(1) Congress and the President should work together, without

undue delay and in concert with the international community, to

make comprehensive debt relief available to the world's poorest

countries in a manner that promotes economic growth and poverty

alleviation;

(2) this program of bilateral and multilateral debt relief

should be designed to strengthen and expand the private sector,

encourage increased trade and investment, support the development

of free markets, and promote broad-scale economic growth in

beneficiary countries;

(3) this program of debt relief should also support the

adoption of policies to alleviate poverty and to ensure that

benefits are shared widely among the population, such as through

initiatives to advance education, improve health, combat AIDS,

and promote clean water and environmental protection;

(4) these debt relief agreements should be designed and

implemented in a transparent manner and with the broad

participation of the citizenry of the debtor country and should

ensure that country circumstances are adequately taken into

account;

(5) no country should receive the benefits of debt relief if

that country does not cooperate with the United States on

terrorism or narcotics enforcement, is a gross violator of the

human rights of its citizens, or is engaged in conflict or spends

excessively on its military; and

(6) in order to prevent adverse impact on a key industry in

many developing countries, the International Monetary Fund must

mobilize its own resources for providing debt relief to eligible

countries without allowing gold to reach the open market, or

otherwise adversely affecting the market price of gold.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 121, May 18, 2000, 114 Stat. 267.)

-CITE-

19 USC Sec. 3732 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

AFRICA

SUBCHAPTER III - ECONOMIC DEVELOPMENT RELATED ISSUES

-HEAD-

Sec. 3732. Executive branch initiatives

-STATUTE-

(a) Statement of the Congress

The Congress recognizes that the stated policy of the executive

branch in 1997, the ''Partnership for Growth and Opportunity in

Africa'' initiative, is a step toward the establishment of a

comprehensive trade and development policy for sub-Saharan Africa.

It is the sense of the Congress that this Partnership is a

companion to the policy goals set forth in this chapter.

(b) Technical assistance to promote economic reforms and

development

In addition to continuing bilateral and multilateral economic and

development assistance, the President shall target technical

assistance toward -

(1) developing relationships between United States firms and

firms in sub-Saharan Africa through a variety of business

associations and networks;

(2) providing assistance to the governments of sub-Saharan

African countries to -

(A) liberalize trade and promote exports;

(B) bring their legal regimes into compliance with the

standards of the World Trade Organization in conjunction with

membership in that Organization;

(C) make financial and fiscal reforms; and

(D) promote greater agribusiness linkages;

(3) addressing such critical agricultural policy issues as

market liberalization, agricultural export development, and

agribusiness investment in processing and transporting

agricultural commodities;

(4) increasing the number of reverse trade missions to

growth-oriented countries in sub-Saharan Africa;

(5) increasing trade in services; and

(6) encouraging greater sub-Saharan African participation in

future negotiations in the World Trade Organization on services

and making further commitments in their schedules to the General

Agreement on Trade in Services in order to encourage the removal

of tariff and nontariff barriers.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 122, May 18, 2000, 114 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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.

-CITE-

19 USC Sec. 3733 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

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-HEAD-

Sec. 3733. Overseas Private Investment Corporation initiatives

-STATUTE-

(a) Initiation of funds

It is the sense of the Congress that the Overseas Private

Investment Corporation should exercise the authorities it has to

initiate an equity fund or equity funds in support of projects in

the countries in sub-Saharan Africa, in addition to the existing

equity fund for sub-Saharan Africa created by the Corporation.

(b) Structure and types of funds

(1) Structure

Each fund initiated under subsection (a) of this section should

be structured as a partnership managed by professional private

sector fund managers and monitored on a continuing basis by the

Corporation.

(2) Capitalization

Each fund should be capitalized with a combination of private

equity capital, which is not guaranteed by the Corporation, and

debt for which the Corporation provides guaranties.

(3) Infrastructure fund

One or more of the funds, with combined assets of up to

$500,000,000, should be used in support of infrastructure

projects in countries of sub-Saharan Africa.

(4) Emphasis

The Corporation shall ensure that the funds are used to provide

support in particular to women entrepreneurs and to innovative

investments that expand opportunities for women and maximize

employment opportunities for poor individuals.

(c) Overseas Private Investment Corporation

(1) Omitted

(2) Reports to Congress

Within 6 months after May 18, 2000, and annually for each of

the 4 years thereafter, the Board of Directors of the Overseas

Private Investment Corporation shall submit to Congress a report

on the steps that the Board has taken to implement section

2193(e) of title 22 and any recommendations of the investment

advisory council established pursuant to such section.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 123, May 18, 2000, 114 Stat. 269.)

-COD-

CODIFICATION

Section is comprised of section 123 of Pub. L. 106-200. Subsec.

(c)(1) of section 123 of Pub. L. 106-200 amended section 2193 of

Title 22, Foreign Relations and Intercourse.

-CITE-

19 USC Sec. 3734 01/06/03

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Sec. 3734. Export-Import Bank initiatives

-STATUTE-

(a) Sense of the Congress

It is the sense of the Congress that the Board of Directors of

the Bank shall continue to take comprehensive measures, consistent

with the credit standards otherwise required by law, to promote the

expansion of the Bank's financial commitments in sub-Saharan Africa

under the loan, guarantee and insurance programs of the Bank.

(b) Sub-Saharan Africa Advisory Committee

The sub-Saharan Africa Advisory Committee (SAAC) is to be

commended for aiding the Bank in advancing the economic partnership

between the United States and the nations of sub-Saharan Africa by

doubling the number of sub-Saharan African countries in which the

Bank is open for traditional financing and by increasing by tenfold

the Bank's support for sales to sub-Saharan Africa from fiscal year

1998 to fiscal year 1999. The Board of Directors of the Bank and

its staff shall continue to review carefully the sub-Saharan Africa

Advisory Committee recommendations on the development and

implementation of new and innovative policies and programs designed

to promote the Bank's expansion in sub-Saharan Africa.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 124, May 18, 2000, 114 Stat. 270.)

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19 USC Sec. 3735 01/06/03

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CHAPTER 23 - EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN

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-HEAD-

Sec. 3735. Expansion of the United States and Foreign Commercial

Service in sub-Saharan Africa

-STATUTE-

(a) Findings

The Congress makes the following findings:

(1) The United States and Foreign Commercial Service (hereafter

in this section referred to as the ''Commercial Service'') plays

an important role in helping United States businesses identify

export opportunities and develop reliable sources of information

on commercial prospects in foreign countries.

(2) During the 1980s, the presence of the Commercial Service in

sub-Saharan Africa consisted of 14 professionals providing

services in eight countries. By early 1997, that presence had

been reduced by half to seven professionals in only four

countries.

(3) Since 1997, the Department of Commerce has slowly begun to

increase the presence of the Commercial Service in sub-Saharan

Africa, adding five full-time officers to established posts.

(4) Although the Commercial Service Officers in these countries

have regional responsibilities, this kind of coverage does not

adequately service the needs of United States businesses

attempting to do business in sub-Saharan Africa.

(5) The Congress has, on several occasions, encouraged the

Commercial Service to focus its resources and efforts in

countries or regions in Europe or Asia to promote greater United

States export activity in those markets, and similar

encouragement should be provided for countries in sub-Saharan

Africa as well.

(6) Because market information is not widely available in many

sub-Saharan African countries, the presence of additional

Commercial Service Officers and resources can play a significant

role in assisting United States businesses in markets in those

countries.

(b) Appointments

Subject to the availability of appropriations, by not later than

December 31, 2001, the Secretary of Commerce, acting through the

Assistant Secretary of Commerce and Director General of the United

States and Foreign Commercial Service, shall take steps to ensure

that -

(1) at least 20 full-time Commercial Service employees are

stationed in sub-Saharan Africa; and

(2) full-time Commercial Service employees are stationed in not

less than 10 different sub-Saharan African countries.

(c) Initiative for sub-Saharan Africa

In order to encourage the export of United States goods and

services to sub-Saharan African countries, the International Trade

Administration shall make a special effort to -

(1) identify United States goods and services which are the

best prospects for export by United States companies to

sub-Saharan Africa;

(2) identify, where appropriate, tariff and nontariff barriers

that are preventing or hindering sales of United States goods and

services to, or the operation of United States companies in,

sub-Saharan Africa;

(3) hold discussions with appropriate authorities in

sub-Saharan Africa on the matters described in paragraphs (1) and

(2) with a view to securing increased market access for United

States exporters of goods and services;

(4) identify current resource allocations and personnel levels

in sub-Saharan Africa for the Commercial Service and consider

plans for the deployment of additional resources or personnel to

that region; and

(5) make available to the public, through printed and

electronic means of communication, the information derived

pursuant to paragraphs (1) through (4) for each of the 4 years

after May 18, 2000.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 125, May 18, 2000, 114 Stat. 270.)

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19 USC Sec. 3736 01/06/03

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-HEAD-

Sec. 3736. Donation of air traffic control equipment to eligible

sub-Saharan African countries

-STATUTE-

It is the sense of the Congress that, to the extent appropriate,

the United States Government should make every effort to donate to

governments of sub-Saharan African countries determined to be

eligible under section 3703 of this title air traffic control

equipment that is no longer in use, including appropriate related

reimbursable technical assistance.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 126, May 18, 2000, 114 Stat. 271.)

-CITE-

19 USC Sec. 3737 01/06/03

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-HEAD-

Sec. 3737. Additional authorities and increased flexibility to

provide assistance under the Development Fund for Africa

-STATUTE-

(a) Use of sustainable development assistance to support further

economic growth

It is the sense of the Congress that sustained economic growth in

sub-Saharan Africa depends in large measure upon the development of

a receptive environment for trade and investment, and that to

achieve this objective the United States Agency for International

Development should continue to support programs which help to

create this environment. Investments in human resources,

development, and implementation of free market policies, including

policies to liberalize agricultural markets and improve food

security, and the support for the rule of law and democratic

governance should continue to be encouraged and enhanced on a

bilateral and regional basis.

(b) Declarations of policy

The Congress makes the following declarations:

(1) The Development Fund for Africa established under chapter

10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

2293 et seq.) has been an effective tool in providing development

assistance to sub-Saharan Africa since 1988.

(2) The Development Fund for Africa will complement the other

provisions of this chapter and lay a foundation for increased

trade and investment opportunities between the United States and

sub-Saharan Africa.

(3) Assistance provided through the Development Fund for Africa

will continue to support programs and activities that promote the

long term economic development of sub-Saharan Africa, such as

programs and activities relating to the following:

(A) Strengthening primary and vocational education systems,

especially the acquisition of middle-level technical skills for

operating modern private businesses and the introduction of

college level business education, including the study of

international business, finance, and stock exchanges.

(B) Strengthening health care systems.

(C) Supporting democratization, good governance and civil

society and conflict resolution efforts.

(D) Increasing food security by promoting the expansion of

agricultural and agriculture-based industrial production and

productivity and increasing real incomes for poor individuals.

(E) Promoting an enabling environment for private sector-led

growth through sustained economic reform, privatization

programs, and market-led economic activities.

(F) Promoting decentralization and local participation in the

development process, especially linking the rural production

sectors and the industrial and market centers throughout

Africa.

(G) Increasing the technical and managerial capacity of

sub-Saharan African individuals to manage the economy of

sub-Saharan Africa.

(H) Ensuring sustainable economic growth through

environmental protection.

(4) The African Development Foundation has a unique

congressional mandate to empower the poor to participate fully in

development and to increase opportunities for gainful employment,

poverty alleviation, and more equitable income distribution in

sub-Saharan Africa. The African Development Foundation has worked

successfully to enhance the role of women as agents of change,

strengthen the informal sector with an emphasis on supporting

micro and small sized enterprises, indigenous technologies, and

mobilizing local financing. The African Development Foundation

should develop and implement strategies for promoting

participation in the socioeconomic development process of

grassroots and informal sector groups such as nongovernmental

organizations, cooperatives, artisans, and traders into the

programs and initiatives established under this chapter.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 127, May 18, 2000, 114 Stat. 272.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(b)(1), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 10 of part I of the Act is classified generally

to part X (Sec. 2293 et seq.) of subchapter I of chapter 32 of

Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of Title 22 and Tables.

-COD-

CODIFICATION

Section is comprised of section 127 of Pub. L. 106-200. Subsec.

(c) of section 127 of Pub. L. 106-200 amended section 2293 of Title

22, Foreign Relations and Intercourse.

-CITE-

19 USC Sec. 3738 01/06/03

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Sec. 3738. Assistance from United States private sector to prevent

and reduce HIV/AIDS in sub-Saharan Africa

-STATUTE-

It is the sense of the Congress that United States businesses

should be encouraged to provide assistance to sub-Saharan African

countries to prevent and reduce the incidence of HIV/AIDS in

sub-Saharan Africa. In providing such assistance, United States

businesses should be encouraged to consider the establishment of an

HIV/AIDS Response Fund in order to provide for coordination among

such businesses in the collection and distribution of the

assistance to sub-Saharan African countries.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 128, May 18, 2000, 114 Stat. 273.)

-CITE-

19 USC Sec. 3739 01/06/03

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-HEAD-

Sec. 3739. Sense of the Congress relating to HIV/AIDS crisis in

sub-Saharan Africa

-STATUTE-

(a) Findings

The Congress finds the following:

(1) Sustained economic development in sub-Saharan Africa

depends in large measure upon successful trade with and foreign

assistance to the countries of sub-Saharan Africa.

(2) The HIV/AIDS crisis has reached epidemic proportions in

sub-Saharan Africa, where more than 21,000,000 men, women, and

children are infected with HIV.

(3) Eighty-three percent of the estimated 11,700,000 deaths

from HIV/AIDS worldwide have been in sub-Saharan Africa.

(4) The HIV/AIDS crisis in sub-Saharan Africa is weakening the

structure of families and societies.

(5)(A) The HIV/AIDS crisis threatens the future of the

workforce in sub-Saharan Africa.

(B) Studies show that HIV/AIDS in sub-Saharan Africa most

severely affects individuals between the ages of 15 and 49 - the

age group that provides the most support for the economies of

sub-Saharan African countries.

(6) Clear evidence demonstrates that HIV/AIDS is destructive to

the economies of sub-Saharan African countries.

(7) Sustained economic development is critical to creating the

public and private sector resources in sub-Saharan Africa

necessary to fight the HIV/AIDS epidemic.

(b) Sense of the Congress

It is the sense of the Congress that -

(1) addressing the HIV/AIDS crisis in sub-Saharan Africa should

be a central component of United States foreign policy with

respect to sub-Saharan Africa;

(2) significant progress needs to be made in preventing and

treating HIV/AIDS in sub-Saharan Africa in order to sustain a

mutually beneficial trade relationship between the United States

and sub-Saharan African countries; and

(3) the HIV/AIDS crisis in sub-Saharan Africa is a global

threat that merits further attention through greatly expanded

public, private, and joint public-private efforts, and through

appropriate United States legislation.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 129, May 18, 2000, 114 Stat. 273.)

-CITE-

19 USC Sec. 3740 01/06/03

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-HEAD-

Sec. 3740. Study on improving African agricultural practices

-STATUTE-

(a) In general

The Secretary of Agriculture, in consultation with American Land

Grant Colleges and Universities and not-for-profit international

organizations, is authorized to conduct a 2-year study on ways to

improve the flow of American farming techniques and practices to

African farmers. The study shall include an examination of ways of

improving or utilizing -

(1) knowledge of insect and sanitation procedures;

(2) modern farming and soil conservation techniques;

(3) modern farming equipment (including maintaining the

equipment);

(4) marketing crop yields to prospective purchasers; and

(5) crop maximization practices.

The Secretary of Agriculture shall submit the study to the

Committee on Agriculture, Nutrition, and Forestry of the Senate and

the Committee on Agriculture of the House of Representatives not

later than September 30, 2001.

(b) Land Grant Colleges and not-for-profit institutions

In conducting the study under subsection (a) of this section, the

Secretary of Agriculture is encouraged to consult with American

Land Grant Colleges and not-for-profit international organizations

that have firsthand knowledge of current African farming practices.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 130, May 18, 2000, 114 Stat. 274.)

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19 USC Sec. 3741 01/06/03

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-HEAD-

Sec. 3741. Sense of the Congress regarding efforts to combat

desertification in Africa and other countries

-STATUTE-

(a) Findings

The Congress finds that -

(1) desertification affects approximately one-sixth of the

world's population and one-quarter of the total land area;

(2) over 1,000,000 hectares of Africa are affected by

desertification;

(3) dryland degradation is an underlying cause of recurrent

famine in Africa;

(4) the United Nations Environment Programme estimates that

desertification costs the world $42,000,000,000 a year, not

including incalculable costs in human suffering; and

(5) the United States can strengthen its partnerships

throughout Africa and other countries affected by

desertification, help alleviate social and economic crises caused

by misuse of natural resources, and reduce dependence on foreign

aid, by taking a leading role to combat desertification.

(b) Sense of the Congress

It is the sense of the Congress that the United States should

expeditiously work with the international community, particularly

Africa and other countries affected by desertification, to -

(1) strengthen international cooperation to combat

desertification;

(2) promote the development of national and regional strategies

to address desertification and increase public awareness of this

serious problem and its effects;

(3) develop and implement national action programs that

identify the causes of desertification and measures to address

it; and

(4) recognize the essential role of local governments and

nongovernmental organizations in developing and implementing

measures to address desertification.

-SOURCE-

(Pub. L. 106-200, title I, Sec. 131, May 18, 2000, 114 Stat. 274.)

-CITE-