United States Statutes at Large, Volume 119, 109th Congress, 1st Session

[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 7970--DEC. 22, 2005
Proclamation 7970 of December 22, 2005
To Take Certain Actions Under the African Growth and Opportunity Act
By the President of the United States of America
A Proclamation
1. Section 506A(a)(1) of the Trade Act of 1974 (the ``1974 Act'';) (19
U.S.C. 2466a(a)(1)), as added by section 111(a) of the African Growth
and Opportunity Act (title I of Public Law 106-200) (AGOA), 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 1974
Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an ``eligible sub-Saharan
African country''; if the President determines that the country meets
certain eligibility requirements.
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. In Proclamation 7350 of October 2, 2000, the President designated the
Islamic Republic of Mauritania (Mauritania) as a beneficiary sub-

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119 STAT. 3840

Saharan African country pursuant to section 506A(a)(1) of the 1974 Act
and provided that it would be considered a lesser developed beneficiary
sub-Saharan African country for purposes of section 112(b)(3)(B) of the
AGOA.
5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes
the President to terminate the designation of a country as a beneficiary
sub-Saharan African country for purposes of section 506A if he
determines that the country is not making continual progress in meeting
the requirements described in section 506A(a)(1) of the 1974 Act.
6. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Republic of Burundi (Burundi) meets
the eligibility requirements set forth or referenced therein, and I have
decided to designate Burundi as an eligible sub-Saharan African country
and as a beneficiary sub-Saharan African country.
7. I further determine that Burundi satisfies the criterion for
treatment as a ``lesser developed beneficiary sub-Saharan African
country''; under section 112(b)(3)(B) of the AGOA.
8. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that Mauritania is not making continual progress in meeting the
requirements described in section 506A(a)(1) of the 1974 Act.
Accordingly, I have decided to terminate the designation of Mauritania
as a beneficiary sub-Saharan African country for purposes of section
506A of the 1974 Act, effective on January 1, 2006.
9. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes
the President to embody in the Harmonized Tariff Schedule (HTS) of the
United States the substance of relevant provisions of that Act, or other
acts affecting import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under authority vested in me by the Constitution and the
laws of the United States of America, including but not limited to
section 104 of the AGOA and sections 506A and 604 of the 1974 Act, do
proclaim that:
(1) Burundi is designated as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country.
(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 ``Republic of
Burundi.'';
(3) For purposes of section 112(b)(3)(B) of the AGOA, Burundi is a
lesser developed beneficiary sub-Saharan African country.
(4) The designation of Mauritania as a beneficiary sub-Saharan
African country for purposes of section 506A of the 1974 Act is
terminated, effective on January 1, 2006.
(5) In order to reflect in the HTS that beginning January 1, 2006,
Mauritania shall no longer be designated as a beneficiary sub-Saharan
African country, general note 16(a) to the HTS is modified by deleting
``Islamic Republic of Mauritania''; from the list of beneficiary sub-
Saharan African countries. Further, U.S. note 2(d) to subchapter XIX of
chapter 98 of the HTS is modified by removing ``Islamic Republic of

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119 STAT. 3841

Mauritania''; from the list of lesser developed beneficiary sub-Saharan
African countries.
(6) The modifications to the HTS made by paragraphs 2 and 5 of
this proclamation shall be effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or after January 1,
2006.
(7) 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of December, in the year of our Lord two thousand five, and of the
Independence of the United States of America the two hundred and
thirtieth.
GEORGE W. BUSH