§ 3703. Eligibility requirements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   African Growth and Opportunity Act

   Pub. L. 106–200 title I § 104 · 114 Stat. 251

   Enacted · 19 U.S.C. § 3703

   Pub. L. 106–200, title I, § 104, May 18, 2000, 114 Stat. 254

   Source evidence

   Code source credit
   Pub. L. 106–200, title I, § 104, May 18, 2000, 114 Stat. 254

   Enacted provision · exact public law section
   SEC. 104. ELIGIBILITY REQUIREMENTS. (a) In General.— 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, 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. (b) Continuing Compliance.— 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), the President shall terminate the designation of the country made pursuant to subsection (a).

2. 2015

   AGOA Extension and Enhancement Act of 2015

   Pub. L. 114–27 § 111 · 129 Stat. 362

   1. Struck · 19 U.S.C. § 3703

      Pub. L. 114–27, § 111, struck out subsec. (a) designation and heading before “The President is authorized”

   2. Struck · 19 U.S.C. § 3703

      Pub. L. 114–27, § 111, 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 111. TECHNICAL AMENDMENTS.   Section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703), as amended by section 106, is further amended— (1) in subsection (a), by striking “(a) In General.—”; and (2) by striking subsection (b).

3. 2015

   AGOA Extension and Enhancement Act of 2015

   Pub. L. 114–27 § 106(b) · 129 Stat. 362

   Inserted · 19 U.S.C. § 3703(a)(1)(A)

   Pub. L. 114–27, § 106(b), inserted “for men and women” after “rights”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 114–27, § 106(b), inserted “for men and women” after “rights”.

   Enacted provision · exact public law section
   (b) Eligibility Requirements.— Section 104(a)(1)(A) of the African Growth and Opportunity Act (19 U.S.C. 3703(a)(1)(A)) is amended by inserting “for men and women” after “rights”.

4 of 4 references resolved to an enrolled provision