Home > 106th Congressional Bills > S. 1388 (pcs) To extend the Generalized System of Preferences. [Placed on Calendar Senate] ...S. 1388 (pcs) To extend the Generalized System of Preferences. [Placed on Calendar Senate] ...
Calendar No. 212
106th CONGRESS
1st Session
S. 1387
_______________________________________________________________________
A BILL
To extend certain trade preferences to sub-Saharan African countries.
_______________________________________________________________________
July 16, 1999
Read twice and placed on the calendar
Calendar No. 212
106th CONGRESS
1st Session
S. 1387
To extend certain trade preferences to sub-Saharan African countries.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 1999
Mr. Roth, from the Committee on Finance, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To extend certain trade preferences to sub-Saharan African countries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``African Growth and
Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Sub-Saharan Africa defined.
TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA
Sec. 101. Eligibility for certain benefits.
Sec. 102. Treatment of certain textiles and apparel.
Sec. 103. United States-sub-Saharan African trade and economic
cooperation forum.
Sec. 104. United States-sub-Saharan Africa free trade area.
Sec. 105. Reporting requirement.
TITLE II--REVENUE PROVISIONS
Sec. 201. Limitation on use of non-accrual experience method of
accounting.
Sec. 202. Returns relating to cancellations of indebtedness by
organizations lending money.
SEC. 2. FINDINGS.
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 a rise in both economic
development and political freedom as countries in sub-Saharan
Africa have taken steps toward liberalizing their economies and
encouraged broader participation in the political process;
(5) the countries of sub-Saharan Africa have 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 less than $500 annually;
(7) United States foreign direct investment in the region
has fallen in recent years and the sub-Saharan African region
receives only minor inflows of direct investment from around
the world;
(8) trade between the United States and sub-Saharan Africa,
apart from the import of oil, remains an insignificant part of
total United States trade;
(9) trade and investment, as the American experience has
shown, can represent powerful tools both for economic
development and for building a stable political environment in
which political freedom can flourish;
(10) 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;
(11) 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
(12) 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.
SEC. 3. STATEMENT OF POLICY.
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 accountable
government, economic reform, and the eradication of poverty;
(6) strengthening and expanding the private sector in sub-
Saharan Africa;
(7) supporting the development of civil societies and
political freedom in sub-Saharan Africa; and
(8) establishing a United States-Sub-Saharan African
Economic Cooperation Forum.
SEC. 4. SUB-SAHARAN AFRICA DEFINED.
In this Act, the terms ``sub-Saharan Africa'', ``sub-Saharan
African country'', ``country in sub-Saharan Africa'', and ``countries
in sub-Saharan Africa'' refer to the following:
(1) Republic of Angola (Angola).
(2) Republic of Botswana (Botswana).
(3) Republic of Burundi (Burundi).
(4) Republic of Cape Verde (Cape Verde).
(5) Republic of Chad (Chad).
(6) Democratic Republic of Congo.
(7) Republic of the Congo (Congo).
(8) Republic of Djibouti (Djibouti).
(9) State of Eritrea (Eritrea).
(10) Gabonese Republic (Gabon).
(11) Republic of Ghana (Ghana).
(12) Republic of Guinea-Bissau (Guinea-Bissau).
(13) Kingdom of Lesotho (Lesotho).
(14) Republic of Madagascar (Madagascar).
(15) Republic of Mali (Mali).
(16) Republic of Mauritius (Mauritius).
(17) Republic of Namibia (Namibia).
(18) Federal Republic of Nigeria (Nigeria).
(19) Democratic Republic of Sao Tome and Principe (Sao Tome
and Principe).
(20) Republic of Sierra Leone (Sierra Leone).
(21) Somalia.
(22) Kingdom of Swaziland (Swaziland).
(23) Republic of Togo (Togo).
(24) Republic of Zimbabwe (Zimbabwe).
(25) Republic of Benin (Benin).
(26) Burkina Faso (Burkina).
(27) Republic of Cameroon (Cameroon).
(28) Central African Republic.
(29) Federal Islamic Republic of the Comoros (Comoros).
(30) Republic of Cote d'Ivoire (Cote d'Ivoire).
(31) Republic of Equatorial Guinea (Equatorial Guinea).
(32) Ethiopia.
(33) Republic of the Gambia (Gambia).
(34) Republic of Guinea (Guinea).
(35) Republic of Kenya (Kenya).
(36) Republic of Liberia (Liberia).
(37) Republic of Malawi (Malawi).
(38) Islamic Republic of Mauritania (Mauritania).
(39) Republic of Mozambique (Mozambique).
(40) Republic of Niger (Niger).
(41) Republic of Rwanda (Rwanda).
(42) Republic of Senegal (Senegal).
(43) Republic of Seychelles (Seychelles).
(44) Republic of South Africa (South Africa).
(45) Republic of Sudan (Sudan).
(46) United Republic of Tanzania (Tanzania).
(47) Republic of Uganda (Uganda).
(48) Republic of Zambia (Zambia).
TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA
SEC. 101. ELIGIBILITY FOR CERTAIN BENEFITS.
(a) In General.--Title V of the Trade Act of 1974 is amended by
inserting after section 506 the following new section:
``SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR CERTAIN
BENEFITS.
``(a) Authority To Designate.--
``(1) In general.--Notwithstanding any other provision of
law, the President is authorized to designate a country listed
in section 4 of the African Growth and Opportunity Act as a
beneficiary sub-Saharan African country eligible for the
benefits described in subsection (b), if the President
determines that the country--
``(A) has established, or is making continual
progress toward establishing--
``(i) a market-based economy, where private
property rights are protected and the
principles of an open, rules-based trading
system are observed;
``(ii) a democratic society, where the rule
of law, political freedom, participatory
democracy, and the right to due process and a
fair trial are observed;
``(iii) an open trading system through the
elimination of barriers to United States trade
and investment and the resolution of bilateral
trade and investment disputes; and
``(iv) economic policies to reduce poverty,
increase the availability of health care and
educational opportunities, expand physical
infrastructure, and promote the establishment
of private enterprise;
``(B) 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; and
``(C) subject to the authority granted to the
President under section 502 (a), (d), and (e),
otherwise satisfies the eligibility criteria set forth
in section 502.
``(2) Monitoring and review of certain countries.--The
President shall monitor and review the progress of each country
listed in section 4 of the African Growth and Opportunity Act
in meeting the requirements described in paragraph (1) in order to
determine the current or potential eligibility of each country to be
designated as a beneficiary sub-Saharan African country for purposes of
subsection (a). The President shall include the reasons for the
President's determinations in the annual report required by section 105
of the African Growth and Opportunity Act.
``(3) Continuing compliance.--If the President determines
that a beneficiary sub-Saharan African country is not making
continual progress in meeting the requirements described in
paragraph (1), the President shall terminate the designation of
that country as a beneficiary sub-Saharan African country for
purposes of this section, effective on January 1 of the year
following the year in which such determination is made.
``(b) Preferential Tariff Treatment for Certain Articles.--
``(1) In general.--The President may provide duty-free
treatment for any article described in section 503(b)(1) (B)
through (G) (except for textile luggage) that is the growth,
product, or manufacture of a beneficiary sub-Saharan African
country described in subsection (a), if, after receiving the
advice of the International Trade Commission in accordance with
section 503(e), the President determines that such article is
not import-sensitive in the context of imports from beneficiary
sub-Saharan African countries.
``(2) Rules of origin.--The duty-free treatment provided
under paragraph (1) shall apply to any article described in
that paragraph that meets the requirements of section
503(a)(2), except that--
``(A) if the cost or value of materials produced in
the customs territory of the United States is included
with respect to that article, an amount not to exceed
15 percent of the appraised value of the article at the
time it is entered that is attributed to such United
States cost or value may be applied toward determining
the percentage referred to in subparagraph (A) of
section 503(a)(2); and
``(B) the cost or value of the materials included
with respect to that article that are produced in one
or more beneficiary sub-Saharan African countries shall
be applied in determining such percentage.
``(c) Beneficiary Sub-Saharan African Countries, etc.--For purposes
of this title, the terms `beneficiary sub-Saharan African country' and
`beneficiary sub-Saharan African countries' mean a country or countries
listed in section 4 of the African Growth and Opportunity Act that the
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