[Weekly Compilation of Presidential Documents Volume 40, Number 1 (Monday, January 5, 2004)]
[Pages 5-6]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 7748--To Take Certain Actions Under the African Growth and 
Opportunity Act, and for Other Purposes

 December 30, 2003

 By the President of the United States

 of America

 A Proclamation

    1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the 
``1974 Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the 
African Growth and Opportunity Act (title I of Public Law 106-200) 
(AGOA), authorizes the President to designate a country listed in 
section 107 of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan 
African country'' if the President determines that the country meets the 
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 
3703), as well as the eligibility criteria set forth in section 502 of 
the 1974 Act (19 U.S.C. 2462).
    2. Section 104 of the AGOA authorizes the President to designate a 
country listed in section 107 of the AGOA as an ``eligible sub-Saharan 
African country'' if the President determines that the country meets 
certain eligibility requirements.
    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. In Proclamation 7350 of October 2, 2000, President Clinton 
designated the State of Eritrea (Eritrea) and the Central African 
Republic as beneficiary sub-Saharan African countries pursuant to 
section 506A(a) of the 1974 Act and provided that they would be 
considered lesser developed beneficiary sub-Saharan African countries 
for purposes of section 112(b)(3)(B) of the AGOA.
    5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) 
authorizes the President to terminate the designation of a country as a 
beneficiary sub-Saharan African country for purposes of section 506A if 
he determines that the country is not making continual progress in 
meeting the requirements described in section 506A(a)(1) of the 1974 
Act, effective on January 1 of the year following the year in which such 
determination is made.
    6. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 
1974 Act, I have determined that the Republic of Angola (Angola) meets 
the eligibility requirements set forth or referenced therein, and I have 
decided to designate Angola as an eligible sub-Saharan African country 
and as a beneficiary sub-Saharan African country.
    7. Angola satisfies the criterion for treatment as a ``lesser 
developed beneficiary sub-Saharan African country'' under section 
112(b)(3)(B) of the AGOA.
    8. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined 
that Eritrea and the Central African Republic are not making continual 
progress in meeting the requirements described in section 506A(a)(1) of 
the 1974 Act. Accordingly, I have decided to terminate the designation 
of Eritrea and the Central African Republic as beneficiary sub-Saharan 
African countries for purposes of section 506A of the 1974 Act, 
effective on January 1, 2004.
    9. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the 
President to embody in the Harmonized Tariff Schedule of the United 
States (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.

[[Page 6]]

    10. Section 203(e)(2)(A) of the Andean Trade Preference Act, as 
amended (ATPA) (19 U.S.C. 3202(e)(2)(A)), requires the President to 
publish in the Federal Register notice of any action he proposes to take 
under section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) at least 30 
days before taking the action. Section 212(e)(2)(A) of the Caribbean 
Basin Economic Recovery Act, as amended (CBERA) (19 U.S.C. 
2702(e)(2)(A)), requires the President to publish in the Federal 
Register notice of any action he proposes to take under section 
212(e)(1) of the CBERA (19 U.S.C. 2702(e)(1)) at least 30 days before 
taking the action. Proclamation 7616 of October 31, 2002, provided for 
the assignment of a publication function under these sections to the 
United States Trade Representative (USTR), but did not precisely specify 
the function assigned.
    Now, Therefore, I, George W. Bush, President of the United States of 
America, acting under the authority vested in me by the Constitution and 
the laws of the United States of America, including sections 506A and 
604 of the 1974 Act, section 104 of the AGOA, and section 301 of title 
3, United States Code, do proclaim that:
    (1) Angola is designated as an eligible sub-Saharan African country 
and as a beneficiary sub-Saharan African country.
    (2) In order to reflect this designation in the HTS, general note 
16(a) to the HTS is modified by inserting in alphabetical sequence in 
the list of beneficiary sub-Saharan African countries ``Republic of 
Angola.''
    (3) For purposes of section 112(b)(3)(B) of the AGOA, Angola is a 
lesser developed beneficiary sub-Saharan African country.
    (4) The designation of Eritrea and the Central African Republic as 
beneficiary sub-Saharan African countries for purposes of section 506A 
of the 1974 Act is terminated, effective on January 1, 2004.
    (5) In order to reflect in the HTS that beginning January 1, 2004, 
Eritrea and the Central African Republic shall no longer be designated 
as beneficiary sub-Saharan African countries, general note 16(a) to the 
HTS is modified by deleting ``State of Eritrea'' and ``Central African 
Republic'' from the list of beneficiary sub-Saharan African countries. 
Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is 
modified by deleting ``State of Eritrea'' and ``Central African 
Republic'' from the list of lesser developed beneficiary sub-Saharan 
African countries.
    (6) The modification to the HTS made by this proclamation shall be 
effective with respect to articles entered, or withdrawn from warehouse 
for consumption, on or after January 1, 2004.
    (7) In order to assign to the USTR the publication function set 
forth in section 203(e)(2)(A) of the ATPA and section 212(e)(2)(A) of 
the CBERA, paragraph (3) of Proclamation 7616 of October 31, 2002, is 
revised by deleting the phrase ``of this proclamation'' and inserting in 
lieu thereof the phrase ``of an action he proposes to take.''
    (8) Any provisions of previous proclamations and Executive Orders 
that are inconsistent with this proclamation are superseded to the 
extent of such inconsistency.
    In Witness Whereof, I have hereunto set my hand this thirtieth day 
of December, in the year of our Lord two thousand three, and of the 
Independence of the United States of America the two hundred and twenty-
eighth.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 11:22 a.m., December 
31, 2003]

Note: This proclamation was published in the Federal Register on January 
2, 2004.