[Weekly Compilation of Presidential Documents Volume 36, Number 40 (Monday, October 9, 2000)]
[Pages 2283-2286]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 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

October 2, 2000

By the President of the United States

of America

A Proclamation

    1. Section 111(a) of the African Growth and Opportunity Act (Title I 
of Public Law 106-200) (AGOA) amends Title V of the Trade Act of 1974, 
as amended (the ``1974 Act''), to provide, in new section 506A(a) (19 
U.S.C. 2466a(a)), that the President is authorized to designate 
countries listed in section 107 of the AGOA as ``beneficiary sub-Saharan 
African countries.''
    2. Section 112(a) of the AGOA (19 U.S.C. 3721(a)) provides that 
eligible textile and apparel articles that are imported directly into 
the customs territory of the United States from a beneficiary sub-
Saharan African country shall enter the United States free of duty and 
free of quantitative limitations, provided that the country has 
satisfied the requirements of section 113(a) of the AGOA (19 U.S.C. 
3722(a)) relating to the establishment of procedures to protect against 
unlawful transshipments, and section 113(b)(1)(B) of the AGOA (19 U.S.C. 
3722(b)(1)(B)) relating to the implementation of procedures and 
requirements similar to those in chapter 5 of the North American Free 
Trade Agreement (NAFTA).
    3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) 
provides special rules for certain apparel articles imported from 
``lesser developed beneficiary sub-Saharan African countries.''
    4. Section 112(c) of the AGOA (19 U.S.C. 3721(c)) provides that the 
President shall eliminate the existing quotas on textile and apparel 
articles imported into the United States (a) 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 (b)

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from Mauritius within 30 days after that country adopts such a visa 
system.
    5. In order to implement the tariff treatment provided under the 
AGOA, it is necessary to modify the Harmonized Tariff Schedule of the 
United States (HTS), thereby incorporating the substance of the relevant 
provisions of the AGOA.
    6. Sections 501 and 502 of the 1974 Act (19 U.S.C. 2461 and 2462) 
authorize the President to designate countries as beneficiary developing 
countries for purposes of the Generalized System of Preferences (GSP).
    7. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the 
President to embody in the HTS the substance of the relevant provisions 
of that Act, and of other acts affecting import treatment, and actions 
thereunder, including the removal, modification, continuance, or 
imposition of any rate of duty or other import restriction.
    8. I have determined that it is appropriate to authorize the United 
States Trade Representative (USTR) to perform the functions specified in 
sections 112(c) and 113(b)(1)(B) of the AGOA and to make the findings 
identified in section 113(a) of the AGOA and to perform certain 
functions under section 604 of the 1974 Act.
    9. For Sierra Leone, I have determined that it is appropriate to 
authorize the USTR to determine the effective date of its designation as 
a beneficiary sub-Saharan African country.
    Now, Therefore, I, William J. Clinton, President of the United 
States of America, acting under the authority vested in me by the 
Constitution and the laws of the United States, including section 301 of 
title 3, United States Code, sections 111, 112, and 113 of the AGOA, and 
sections 501, 502, 506A, and 604 of the 1974 Act, do proclaim that:
    (1) In order to provide for the preferential treatment provided for 
in section 112(a) of the AGOA, the HTS is modified as provided in the 
Annex to this proclamation.
    (2) The following countries are designated as beneficiary sub-
Saharan African countries pursuant to section 506A(a) of the 1974 Act:
    Republic of Benin
    Republic of Botswana
    Republic of Cape Verde
    Republic of Cameroon
    Central African Republic
    Republic of Chad
    Republic of Congo
    Republic of Djibouti
    State of Eritrea
    Ethiopia
    Gabonese Republic
    Republic of Ghana
    Republic of Guinea
    Republic of Guinea-Bissau
    Republic of Kenya
    Kingdom of Lesotho
    Republic of Madagascar
    Republic of Malawi
    Republic of Mali
    Islamic Republic of Mauritania
    Republic of Mauritius
    Republic of Mozambique
    Republic of Namibia
    Republic of Niger
    Federal Republic of Nigeria
    Republic of Rwanda
    Democratic Republic of Sao Tome and    Principe
    Republic of Senegal
    Republic of Seychelles
    Republic of Sierra Leone
    Republic of South Africa
    United Republic of Tanzania
    Republic of Uganda
    Republic of Zambia
    (3) For purposes of section 112(b)(3)(B) of the AGOA, the following 
designated beneficiary sub-Saharan African countries shall be considered 
lesser developed beneficiary sub-Saharan African countries:
    Republic of Benin
    Republic of Cape Verde
    Republic of Cameroon
    Central African Republic
    Republic of Chad
    Republic of Congo
    Republic of Djibouti
    State of Eritrea
    Ethiopia
    Republic of Ghana
    Republic of Guinea
    Republic of Guinea-Bissau
    Republic of Kenya
    Kingdom of Lesotho
    Republic of Madagascar
    Republic of Malawi

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    Republic of Mali
    Islamic Republic of Mauritania
    Republic of Mozambique
    Republic of Niger
    Federal Republic of Nigeria
    Republic of Rwanda
    Democratic Republic of Sao Tome and    Principe
    Republic of Senegal
    Republic of Sierra Leone
    United Republic of Tanzania
    Republic of Uganda
    Republic of Zambia
    (4) The USTR is authorized to determine whether each designated 
beneficiary sub-Saharan African country has satisfied the requirements 
of section 113(a) of the AGOA relating to the establishment of 
procedures to protect against unlawful transshipments and section 
113(b)(1)(B) of the AGOA relating to the implementation of procedures 
and requirements similar in all material respects to the relevant 
procedures and requirements under chapter 5 of the NAFTA. The 
determination or determinations of the USTR under this paragraph shall 
be set forth in a notice or notices that the USTR shall cause to be 
published in the Federal Register. Such notice or notices shall modify 
the HTS by listing the countries that satisfy the requirements of 
sections 113(a) and 113(b)(1)(B) of the AGOA. To implement such 
determination or determinations, the USTR is authorized to exercise the 
authority provided to the President under section 604 of the 1974 Act to 
embody modifications and technical or conforming changes in the HTS.
    (5) The USTR is authorized to determine whether Kenya and Mauritius 
have satisfied the requirements of section 112(c) of the AGOA. The 
determination or determinations of the USTR under this paragraph shall 
be set forth in a notice or notices that the USTR shall cause to be 
published in the Federal Register. Within 30 days after any such 
determination by the USTR, the USTR shall cause the existing quotas on 
textile and apparel articles imported into the United States from such 
country to be eliminated by direction to the appropriate agencies or 
departments. To implement such determination or determinations, the USTR 
is authorized to exercise the authority provided to the President under 
section 604 of the 1974 Act to embody modifications and technical or 
conforming changes in the HTS.
    (6) The USTR is authorized to determine the effective date of the 
designation of the Republic of Sierra Leone as a beneficiary sub-Saharan 
African country and, therefore, the date upon which Sierra Leone will be 
considered a lesser developed beneficiary sub-Saharan African country. 
The determination of the USTR under this paragraph shall be set forth in 
a notice that the USTR shall cause to be published in the Federal 
Register. To implement such determination, the USTR is authorized to 
exercise the authority provided to the President under section 604 of 
the 1974 Act to embody modifications and technical or conforming changes 
in the HTS.
    (7) Pursuant to sections 501 and 502 of the 1974 Act, Eritrea is 
designated as a beneficiary developing country for purposes of the GSP.
    (8) In order to reflect in the HTS the designation of Eritrea as a 
beneficiary developing country under the GSP, general note 4(a) to the 
HTS is modified by inserting in alphabetical sequence ``Eritrea'' in the 
list of independent countries.
    (9) Any provisions of previous proclamations and Executive orders 
that are inconsistent with the actions taken in this proclamation are 
superseded to the extent of such inconsistency.
    (10) This proclamation is effective on the date of signature of this 
proclamation, except that (a) the modifications to the HTS made by the 
Annex to this proclamation, as further modified by any notice to be 
published in the Federal Register as described in paragraph 4 of this 
proclamation, shall be effective on the date announced by the USTR in 
such notice, and (b) the designation of the Republic of Sierra Leone as 
a beneficiary sub-Saharan African country shall be effective on the date 
announced by the USTR in the Federal Register.
    In Witness Whereof, I have hereunto set my hand this second day of 
October, in the year of our Lord two thousand, and of the Independence 
of the United States of America the two hundred and twenty-fifth.
                                            William J. Clinton

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[Filed with the Office of the Federal Register, 11:03 a.m., October 3, 
2000]

Note: This proclamation was published in the Federal Register on October 
4.