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Proc 10509ProclamationBiden · D Quiet signal

Proclamation 10509

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

This proclamation terminates Burkina Faso's designation as a beneficiary country under the African Growth and Opportunity Act (AGOA), effective January 1, 2023, due to failure to meet eligibility requirements. It also extends through December 31, 2023, duty-free access for specified Israeli agricultural products under the U.S.-Israel Free Trade Agreement, and makes technical corrections to the Harmonized Tariff Schedule related to the U.S.-Morocco Free Trade Agreement and international convention updates.

Federal Register Open PDF 87 FR 79977

Impact dates

  1. Israeli agricultural duty-free access extension expires

  2. Burkina Faso AGOA termination and HTS modifications take effect

Key directives

  • Terminate Burkina Faso AGOA beneficiary designation effective January 1, 2023
  • Delete Burkina Faso from HTS general note 16(a) and related subchapter notes
  • Modify HTS to extend duty-free access for Israeli agricultural products through December 31, 2023 per Annex I
  • Implement HTS technical rectifications per Annex II
  • Supersede inconsistent provisions of prior proclamations and Executive Orders

Timeline

Immediate

  • Proclamation signed December 23, 2022

Near term (90d)

  • Burkina Faso AGOA benefits terminate January 1, 2023
  • HTS modifications for Burkina Faso take effect January 1, 2023
  • Israeli agricultural duty-free access extended through December 31, 2023

Long term

  • Potential renegotiation of U.S.-Israel agricultural trade agreement to replace 2004 Agreement
  • Ongoing HTS technical corrections from 2016 and 2021 convention amendments

Risks & tensions

  • Burkina Faso's removal from AGOA may strain U.S.-Burkina Faso relations amid regional instability in the Sahel
  • Repeated 1-year extensions of U.S.-Israel agricultural agreement since 2008 suggest prolonged negotiation difficulties
  • Technical HTS corrections indicate prior implementation errors that may have created trade uncertainty
Proclamation 10509: To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes · Executive Orders