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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)
[[Page 2284]]
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
[[Page 2285]]
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
[[Page 2286]]
[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.
<DOC>
[Weekly Compilation of Presidential Documents]
[frwais.access.gpo.gov]
[Page 2286-2287]
Monday, October 9, 2000
Volume 36--Number 40
Pages 2269-2347
Week Ending Friday, October 6, 2000
Proclamation 7351--To Implement the United States-Caribbean Basin Trade
Partnership Act
October 2, 2000
By the President of the United States
of America
A Proclamation
1. Section 211 of the United States-Caribbean Basin Trade
Partnership Act (Title II of Public Law 106-200) (CBTPA), which amends
section 213(b) of the Caribbean Basin Economic Recovery Act (CBERA) (19
U.S.C. 2703(b)), provides that certain preferential tariff treatment may
be provided to eligible articles that are the product of any country
that the President designates as a ``CBTPA beneficiary country''
pursuant to section 213(b)(5)(B) of the CBERA (19 U.S.C. 2703(b)(5)(B)),
provided that the President determines that the country has satisfied
the requirements of section 213(b)(4)(A)(ii) of the CBERA (19 U.S.C.
2703(b)(4)(A)(ii)) relating to the implementation of procedures and
requirements similar to those in chapter 5 of the North American Free
Trade Agreement (NAFTA).
2. Section 211 of the CBTPA, which amends section 213(b) of the
CBERA (19 U.S.C. 2703(b)), provides that eligible textile and apparel
articles of a designated CBTPA beneficiary country shall enter the
United States free of duty and free of quantitative limitations,
provided that the President determines that the country has satisfied
the requirements of section 213(b)(4)(A)(ii) of the CBERA relating to
the implementation of procedures and requirements similar to those in
chapter 5 of the NAFTA.
3. Section 212 of the CBTPA, which amends section 213(a) of the
CBERA (19 U.S.C. 2703(a)), provides duty-free treatment for certain
liqueurs and spirituous beverages produced in Canada from rum that
originates in a designated beneficiary country or the Virgin Islands of
the United States.
4. In order to implement the tariff treatment provided under the
CBTPA, it is necessary to modify the Harmonized Tariff Schedule of the
United States (HTS), thereby incorporating the substance of the relevant
provisions of the CBTPA.
5. Section 604 of the Trade Act of 1974 (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.
6. I have determined that it is appropriate to authorize the United
States Trade Representative (USTR) to perform the functions specified in
section 213(b)(4)(A)(ii) of the CBERA and certain functions under
section 604 of the 1974 Act.
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 211 and 212 of the CBTPA, section
213 of the CBERA, and section 604 of the 1974 Act, do proclaim that:
(1) In order to provide for the preferential treatment provided for
in section 213 of the CBERA (19 U.S.C. 2703), as amended by the CBTPA,
the HTS is modified as provided in the Annex to this proclamation.
(2) The following countries are designated as CBTPA beneficiary
countries pursuant to section 213(b)(5)(B) of the CBERA:
Antigua and Barbuda
Aruba
Bahamas
Barbados
Belize
Costa Rica
Dominica
Dominican Republic
El Salvador
Grenada
Guatemala
Guyana
Haiti
Honduras
Jamaica
Montserrat
[[Page 2287]]
Netherlands Antilles
Nicaragua
Panama
St. Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago
British Virgin Islands
(3) The USTR is authorized to determine whether each designated
beneficiary country has satisfied the requirements of section
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