General Country Eligibility Provisions
It is the U.S. Government's intention that the largest possible number of Sub-Saharan African countries are able to take advantage of AGOA. President Clinton issued a proclamation on October 2, 2000 designating 34 countries in Sub-Saharan Africa as eligible for the trade benefits of AGOA. The proclamation was the result of a public comment period and extensive interagency deliberations of each country's performance against the eligibility criteria established in the Act. On January 18, 2001, Swaziland was designated as the 35th AGOA eligible country and on May 16, 2002. Côte d'Ivoire was designated as the 36th AGOA eligible country. On January 1, 2003 The Gambia and the Democratic Republic of Congo were designated as the 37th and 38th AGOA eligible countries. On January 1, 2004, Eritrea and the Central African Republuc were declared ineligible, and Angola was designated as AGOA eligible. On December 10, 2004, the President designated Burkina Faso as AGOA eligible. Effective January 1, 2005, the President removed Côte d'Ivoire from the list of eligible countries. Effective January 1, 2006, the President designated Burundi as AGOA eligible and removed Mauritania from the list of eligible countries. Effective December 29, 2006, the President designated Liberia as AGOA eligible. Effective December 23, 2009, the President again designated Mauritania as AGOA eligible. Effective April 17, 2008, the President designated Togo as AGOA eligible. Effective June 30, 2008, the President designated Comoros as AGOA eligible. Effective December 23, 2009, the President removed Guinea, Madagascar and Niger from the list of AGOA eligible countries while also restoring AGOA eligibility to Mauritania. The DRC lost AGOA eligibility on January 1, 2011. In October 2011, the President restored eligibility to Cote d'Ivoire, Guinea and Niger. Effective December 20, 2012, South Sudan was announced to be AGOA eligible and the President removed Mali and Guinea-Bissau from eligibility. Mali's AGOA benefits were restored 1/1/2014. Guinea Bissau's eligibility restored December 23, 2014. Madagascar's AGOA eligibility was restored 6/26/14. Swaziland, South Sudan, and the Gambia were declared ineligible January 1, 2015. Central African Republic was reinstated as eligible for AGOA benefits on December 15, 2016. Swaziland and The Gambia's eligibility status was restored December 22, 2017. The Seychelles graduated out of AGOA effective January 1, 2017. The U.S. Government will work with eligible ccountries to sustain their efforts to institute policy reforms, and with the remaining nine Sub-Saharan African countries to help them achieve eligibility.
The Act authorizes the President to designate countries as eligible to receive the benefits of AGOA if they are determined to have established, or are making continual progress toward establishing the following: market-based economies; the rule of law and political pluralism; elimination of barriers to U.S. trade and investment; protection of intellectual property; efforts to combat corruption; policies to reduce poverty, increasing availability of health care and educational opportunities; protection of human rights and worker rights; and elimination of certain child labor practices. These criteria have been embraced overwhelmingly by the vast majority of African nations, which are striving to achieve the objectives although none is expected to have fully implemented the entire list.
The eligibility criteria for GSP and AGOA substantially overlap, and countries must be GSP eligible in order to receive AGOA's trade benefits including both expanded GSP and the apparel provisions. Although GSP eligibility does not imply AGOA eligibility, 47 of the 48 Sub-Saharan African countries are currently GSP eligible.
Countries Eligible for AGOA Benefits
Angola; Benin; Botswana; Burkina Faso; Burundi; Cameroon; Cape Verde; Central African Republic; Chad; Comoros; Republic of Congo; Cote d’Ivoire; Djibouti; Ethiopia; Gabon; Ghana; Guinea; Guinea Bissau; Kenya; Lesotho; Liberia; Madagascar; Malawi; Mali; Mauritania; Mauritius; Mozambique; Namibia; Niger; Nigeria; Rwanda; Sao Tome and Principe; Senegal; Sierra Leone; South Africa; Swaziland; Tanzania; Togo; Uganda; Zambia.
Below is a table listing AGOA eligible countries, the effective date of their eligibility, and the effective date of their eligibility for AGOA apparel benefits if applicable.
COUNTRY |
DATE DECLARED AGOA ELIGIBLE |
DATE DECLARED ELIGIBLE FOR APPAREL PROVISION |
|
(Republic of) Angola |
December 30, 2003 |
|
|
(Republic of) Benin |
October 2, 2000 |
January 28, 2004 |
Yes |
(Republic of) Botswana |
October 2, 2000 |
August 27, 2001 |
Yes |
Burkina Faso |
December 10, 2004 |
August 4, 2006 |
Yes |
(Republic of) Burundi |
January 1, 2006 |
|
|
(Republic of) Cameroon |
October 2, 2000 |
March 1, 2002 |
Yes |
(Republic of) Cape Verde |
October 2, 2000 |
August 28, 2002 |
Yes |
Central African Republic | Declared ineligible on January 1, 2004 and reinstated December 15, 2016. | ||
(Republic of) Chad |
October 2, 2000 |
April 26, 2006 |
Yes |
(Republic of) Cote d’Ivoire |
Restored |
||
(Union of) Comoros |
June 30 , 2008 |
|
|
(Republic of) Congo |
October 2, 2000 |
|
|
(Democratic Republic of) Congo * |
Declared ineligible January 1, 2011 |
|
|
(Republic of) Djibouti |
October 2, 2000 |
|
|
Eriteria | Declared ineligible on January 1, 2004. | ||
Ethiopia |
October 2, 2000 |
August 2, 2001 |
Yes |
Gabonese (Republic) |
October 2, 2000 |
|
No |
The Gambia |
Declared ineligible in 2015, restored December 22,2017 |
April 28, 2008 |
Yes |
(Republic of) Ghana |
October 2, 2000 |
March 20, 2002 |
Yes |
Guinea |
Restored |
||
(Republic of) Guinea-Bissau |
Eligibility restored in 2014 |
|
|
(Republic of) Kenya |
October 2, 2000 |
January 18, 2001 |
Yes |
(Kingdom of) Lesotho |
October 2, 2000 |
April 23, 2001 |
Yes |
(Republic of) Liberia |
December 29 , 2006 |
January 24, 2011 |
|
(Republic of) Malawi |
October 2, 2000 |
August 15, 2001 |
Yes |
(Republic of) Madagascar |
Eligibility restored in 2014 |
||
(Republic of) Mali |
Restored on January 1, 2014 |
||
(Republic of) Mauritania |
October 2, 2000 |
||
(Republic of) Mauritius |
October 2, 2000 |
January 18, 2001 |
Yes |
(Republic of) Mozambique |
October 2, 2000 |
February 8, 2002 |
Yes |
(Republic of) Namibia |
October 2, 2000 |
December 3, 2001 |
Yes |
(Repulic of) Niger |
Restored |
||
(Federal republic of) Nigeria |
October 2, 2000 |
July 14, 2004 |
Yes |
(Republic of) Rwanda |
October 2, 2000 |
March 4, 2003 |
Yes |
(Democratic Republic of) Sao Tome and Principe |
October 2, 2000 |
|
|
(Republic of) Senegal |
October 2, 2000 |
April 23, 2002 |
Yes |
(Republic of) Seychelles |
Graduated out of AGOA effective January 1, 2017 |
|
No |
(Republic of) Sierra Leone |
October 23, 2002 |
April 5, 2004 |
Yes |
(Republic of) South Africa |
October 2, 2000 |
March 7, 2001 |
No |
(Republic of) South Sudan |
Declared ineligible 2015 |
|
|
(Kingdom of) Swaziland |
Declared ineligible on June 26, 2014, eligibility restored December 22, 2017 |
||
(United Republic of) Tanzania |
October 2, 2000 |
February 4, 2002 |
Yes |
(Republic of) Togo |
April 17, 2008 |
|
|
(Republic of) Uganda |
October 2, 2000 |
October 23, 2001 |
Yes |
(Republic of) Zambia |
October 2, 2000 |
December 17, 2001 |
Yes |
* AGOA trade preferences granted on October 31, 2003.
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