Proc 9145ProclamationObama · D Quiet signal

Proclamation 9145

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

This proclamation restores Madagascar's designation as a beneficiary country under the African Growth and Opportunity Act (AGOA), reinstating its preferential trade benefits, while terminating Swaziland's AGOA beneficiary status effective January 1, 2015, due to failure to meet eligibility requirements. The proclamation also makes conforming amendments to the Harmonized Tariff Schedule of the United States to reflect both changes.

Impact dates

  1. Termination of Swaziland's AGOA beneficiary designation takes effect; HTS modifications for Swaziland deletion take effect

Key directives

  • Designate Madagascar as beneficiary sub-Saharan African country under AGOA
  • Modify HTS general note 16(a) to insert Madagascar
  • Modify HTS note 2(d) to subchapter XIX of chapter 98 to insert Madagascar as lesser developed beneficiary
  • Terminate Swaziland's AGOA beneficiary designation effective January 1, 2015
  • Modify HTS to delete Swaziland from beneficiary country lists effective January 1, 2015
  • Supersede inconsistent provisions of prior proclamations and Executive Orders

Timeline

Immediate

  • Madagascar designation as AGOA beneficiary takes effect upon proclamation
  • HTS amendments for Madagascar insertion

Near term (90d)

  • Swaziland termination effective January 1, 2015 (approximately 189 days from signing)

Long term

  • Ongoing trade relationship changes for Madagascar and Swaziland under AGOA

Risks & tensions

  • Swaziland economic disruption from loss of preferential U.S. market access
  • Madagascar's previous termination in 2009 followed political crisis; reinstatement signals conditional nature of AGOA benefits tied to governance criteria
  • No explicit conditions or monitoring mechanism stated for Madagascar's continued eligibility
Proclamation 9145: To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes · Executive Orders