19 U.S.C. § 3703: Eligibility requirements

Summary

The President can name a sub‑Saharan African country as eligible if he finds the country meets certain standards. The country must be building a market economy that protects private property, allows open trade, and limits heavy government control; must have rule of law, political competition, and fair courts; must remove barriers to U.S. trade and investment (for example by treating foreign investors fairly, protecting intellectual property, and resolving disputes); must pursue policies to reduce poverty and improve health, education, infrastructure, and private business; must fight corruption (for example by joining and enforcing international anti‑bribery rules); and must protect worker rights like collective bargaining, no forced labor, a minimum working age, and safe working conditions. The country must not act against U.S. national security or foreign policy. It must not commit gross human rights abuses or support terrorism, and it must work with other countries to stop such abuses and terror.

Title 19, §3703

Customs Duties, Source: USLM XML via OLRC

The President is authorized to designate a sub-Saharan African country as an eligible sub-Saharan African country if the President determines that the country—

(1)has established, or is making continual progress toward establishing—

(A)a market-based economy that protects private property rights for men and women, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets;

(B)the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;

(C)the elimination of barriers to United States trade and investment, including by—

(i)the provision of national treatment and measures to create an environment conducive to domestic and foreign investment;

(ii)the protection of intellectual property; and

(iii)the resolution of bilateral trade and investment disputes;

(D)economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs;

(E)a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and

(F)protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;

(2)does not engage in activities that undermine United States national security or foreign policy interests; and

(3)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–27, § 111, struck out subsec. (a) designation and heading before “The President is authorized” and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “If the President determines that an eligible sub-Saharan African country is not making continual progress in meeting the requirements described in subsection (a)(1) of this section, the President shall terminate the designation of the country made pursuant to subsection (a) of this section.” Subsec. (a)(1)(A). Pub. L. 114–27, § 106(b), inserted “for men and women” after “rights”.

§3703 Eligibility Requirements

Summary

Title 19, §3703

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata