To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes, 437-441 [2024-00051]

Agencies

• Executive Office of the President

[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Presidential Documents]
[Pages 437-441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00051]




                        Presidential Documents 



Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 437]]

                Proclamation 10692 of December 29, 2023

                
To Take Certain Actions Under the African Growth 
                and Opportunity Act and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. In Proclamation 9834 of December 21, 2018, the 
                President determined that the Islamic Republic of 
                Mauritania (Mauritania) was not making continual 
                progress in meeting the requirements described in 
                section 506A(a)(1) of the Trade Act of 1974, as amended 
                (the ``Trade Act''), as added by section 111(a) of the 
                African Growth and Opportunity Act (the ``AGOA'') 
                (title I of Public Law 106-200, 114 Stat. 251, 257-58), 
                19 U.S.C. 2466a(a)(1). Thus, pursuant to section 
                506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)), 
                the President terminated the designation of Mauritania 
                as a beneficiary sub-Saharan African country for 
                purposes of section 506A(a)(1) of the Trade Act.

                2. Section 506A(a)(1) of the Trade Act 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 Trade Act (19 U.S.C. 2462).

                3. Pursuant to section 506A(a)(1) of the Trade Act, 
                based on actions the Government of Mauritania has 
                taken, I have determined that Mauritania meets the 
                eligibility requirements set forth in section 104 of 
                the AGOA and the eligibility criteria set forth in 
                section 502 of the Trade Act, and I have decided to 
                designate Mauritania as a beneficiary sub-Saharan 
                African country.

                4. Section 112(c) of the AGOA, as amended in section 
                6002(a)(3) of the Africa Investment Incentive Act of 
                2006 (division D, title VI, Public Law 109-432, 120 
                Stat. 2922, 3190-93), 19 U.S.C. 3721(c), provides 
                special rules for certain apparel articles imported 
                from ``lesser developed beneficiary sub-Saharan African 
                countries.''

                5. I have also determined that Mauritania satisfies the 
                criterion for treatment as a ``lesser developed 
                beneficiary sub-Saharan African country'' under section 
                112(c) of the AGOA.

                6. In Proclamation 7350 of October 2, 2000, the 
                President initially designated the Central African 
                Republic, the Gabonese Republic (Gabon), Republic of 
                Niger (Niger), and the Republic of Uganda (Uganda) as 
                beneficiary sub-Saharan African countries for purposes 
                of section 506A(a)(1) of the Trade Act.

                7. Section 506A(a)(3) of the Trade Act provides that 
                the President shall terminate the designation of a 
                country as a beneficiary sub-Saharan African country 
                for purposes of section 506A if the President 
                determines that the country is not meeting the 
                requirements described in section 506A(a)(1) of the 
                Trade Act.

                8. Pursuant to section 506A(a)(3) of the Trade Act, I 
                have determined that the Central African Republic, 
                Gabon, Niger, and Uganda do not meet the requirements 
                described in section 506A(a)(1) of the Trade Act. 
                Accordingly,

[[Page 438]]

                I have decided to terminate the designations of the 
                Central African Republic, Gabon, Niger, and Uganda as 
                beneficiary sub-Saharan African countries for purposes 
                of section 506A of the Trade Act, effective January 1, 
                2024.

                9. On April 22, 1985, the United States and Israel 
                entered into the Agreement on the Establishment of a 
                Free Trade Area between the Government of the United 
                States of America and the Government of Israel 
                (USIFTA), which the Congress approved in section 3 of 
                the United States-Israel Free Trade Area Implementation 
                Act of 1985 (the ``USIFTA Implementation Act'') (Public 
                Law 99-47, 99 Stat. 82 (19 U.S.C. 2112 note)). Section 
                4(b) of the USIFTA Implementation Act provides that, 
                whenever the President determines that it is necessary 
                to maintain the general level of reciprocal and 
                mutually advantageous concessions with respect to 
                Israel provided for by the USIFTA, the President may 
                proclaim such withdrawal, suspension, modification, or 
                continuance of any duty, or such continuance of 
                existing duty-free or excise treatment, or such 
                additional duties, as the President determines to be 
                required or appropriate to carry out the USIFTA. In 
                order to maintain the general level of reciprocal and 
                mutually advantageous concessions with respect to 
                agricultural trade with Israel, on July 27, 2004, the 
                United States entered into an agreement with Israel 
                concerning certain aspects of trade in agricultural 
                products during the period January 1, 2004, through 
                December 31, 2008 (United States-Israel Agreement 
                Concerning Certain Aspects of Trade in Agricultural 
                Products (the ``2004 Agreement'')).

                10. In Proclamation 7826 of October 4, 2004, the 
                President determined, pursuant to section 4(b) of the 
                USIFTA Implementation Act and consistent with the 2004 
                Agreement, that, in order to maintain the general level 
                of reciprocal and mutually advantageous concessions 
                with respect to Israel provided for by the USIFTA, it 
                was necessary to provide duty-free access into the 
                United States through December 31, 2008, for specified 
                quantities of certain agricultural products of Israel. 
                Each year from 2008 through 2022, the United States and 
                Israel entered into agreements to extend the period 
                that the 2004 Agreement was in force for 1-year periods 
                to allow additional time for the two governments to 
                conclude an agreement to replace the 2004 Agreement. To 
                carry out the extension agreements, the President in 
                Proclamations 8334 of December 31, 2008; 8467 of 
                December 23, 2009; 8618 of December 21, 2010; 8770 of 
                December 29, 2011; 8921 of December 20, 2012; 9072 of 
                December 23, 2013; 9223 of December 23, 2014; 9383 of 
                December 21, 2015; 9555 of December 15, 2016; 9687 of 
                December 22, 2017; 9834 of December 21, 2018; 9974 of 
                December 26, 2019; 10128 of December 22, 2020; 10326 of 
                December 23, 2021; and 10509 of December 23, 2022, 
                modified the Harmonized Tariff Schedule of the United 
                States (HTS) to provide duty-free access into the 
                United States for specified quantities of certain 
                agricultural products of Israel, each time for an 
                additional 1-year period. On November 13, 2023, the 
                United States entered into an agreement with Israel to 
                extend the period that the 2004 Agreement is in force 
                for an additional 1-year period, through December 31, 
                2024, to allow for further negotiations on an agreement 
                to replace the 2004 Agreement. Pursuant to section 4(b) 
                of the USIFTA Implementation Act, I have determined 
                that it is necessary, in order to maintain the general 
                level of reciprocal and mutually advantageous 
                concessions with respect to Israel provided for by the 
                USIFTA, to provide duty-free access into the United 
                States for an additional 1-year period, through the 
                close of December 31, 2024, for specified quantities of 
                certain agricultural products of Israel, as provided in 
                Annex I of this proclamation.

                11. Section 604 of the Trade Act, as amended (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 taken thereunder, including the removal, 
                modification, continuance, or imposition of any rate of 
                duty or other import restriction.

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States of America, by virtue of the 
                authority vested in me by the Constitution

[[Page 439]]

                and the laws of the United States of America, including 
                but not limited to section 111(a) of the AGOA, sections 
                506A(a)(1) and 506A(a)(3) of the Trade Act, section 
                4(b) of the USIFTA Implementation Act, and section 604 
                of the Trade Act, as amended, do proclaim that:

                    (1) Mauritania is designated as a beneficiary sub-
                Saharan African country for purposes of section 506A of 
                the Trade Act.
                    (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 ``Islamic 
                Republic of Mauritania''.
                    (3) For purposes of section 112(c) of the AGOA, 
                Mauritania is a lesser developed beneficiary sub-
                Saharan African country.
                    (4) In order to provide the tariff treatment 
                intended under section 112(c) of the AGOA, note 2(d) to 
                subchapter XIX of chapter 98 of the HTS is modified by 
                inserting in alphabetical sequence in the list of 
                lesser developed beneficiary sub-Saharan African 
                countries ``Islamic Republic of Mauritania;''.
                    (5) The designations of the Central African 
                Republic, Gabon, Niger, and Uganda as beneficiary sub-
                Saharan African countries for purposes of section 506A 
                of the Trade Act are terminated, effective January 1, 
                2024.
                    (6) In order to reflect in the HTS that beginning 
                January 1, 2024, the Central African Republic, Gabon, 
                Niger, and Uganda shall no longer be designated as 
                beneficiary sub-Saharan African countries, general note 
                16(a) to the HTS is modified by deleting ``Central 
                African Republic'', ``Gabonese Republic'', ``Republic 
                of Niger'', and ``Republic of Uganda'' from the list of 
                beneficiary sub-Saharan African countries. Note 7(a) to 
                subchapter II and note 1 to subchapter XIX of chapter 
                98 of the HTS are each modified by deleting ``Uganda'' 
                from the list of beneficiary countries. Further, note 
                2(d) to subchapter XIX of chapter 98 of the HTS is 
                modified by deleting ``Central African Republic;'', 
                ``Niger;'', and ``Republic of Uganda;'' from the list 
                of lesser developed beneficiary sub-Saharan African 
                countries.
                    (7) The modifications to the HTS set forth in 
                paragraphs (1) through (6) of this proclamation shall 
                be effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after January 1, 2024.
                    (8) In order to implement tariff commitments under 
                the 2004 Agreement through December 31, 2024, the HTS 
                is modified as set forth in Annex I of this 
                proclamation.
                    (9) The modifications and technical rectifications 
                to the HTS made by Annex I of this proclamation shall 
                enter into effect on the applicable dates set forth in 
                Annex I of this proclamation.
                    (10) 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.

[[Page 440]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-ninth day of December, in the year of our Lord 
                two thousand twenty-three, and of the Independence of 
                the United States of America the two hundred and forty-
                eighth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2024-00051
Filed 1-3-24; 8:45 am]
Billing code 7020-02-C