Proclamation 9492-To Modify Duty-Free Treatment Under the Generalized System of Preferences
Issued 2016-09-14 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This proclamation changes the trade status of Burma (also known as Myanmar) under a program called the Generalized System of Preferences. The action ends a suspension of preferential treatment that had been in place since 1989 and designates Burma as both a beneficiary developing country and a least-developed beneficiary developing country. This designation allows certain goods imported from Burma to enter the United States duty-free, meaning without paying the usual import taxes.
The proclamation affects businesses and consumers involved in importing products from Burma. Under the Generalized System of Preferences program, eligible goods from Burma can be imported without duties, which can lower costs for American businesses that buy these products and potentially reduce prices for consumers. The changes took effect 60 days after the proclamation was issued in September 2016.
President Obama issued this proclamation using authority granted by Congress through the Trade Act of 1974, which allows the president to designate countries for preferential trade treatment and to modify the official tariff schedule accordingly. The proclamation followed required procedures, including notifying Congress before making the designation.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation issues "Proclamation 9492-To Modify Duty-Free Treatment Under the Generalized System of Preferences". The stated purpose: "reflect in the HTS the designation of Burma as a least-developed beneficiary developing country under the GSP program, general note 4(b)(i) is modified by adding in alphabetical order "Burma." Presidents have issued proclamations since George Washington, and they carry the force of law when grounded in specific statutory authority delegated by Congress. Proclamations can be ceremonial (expressing national sentiment) or substantive (exercising delegated trade, immigration, or emergency powers).
The legal weight of this proclamation depends on the specific statutory authority it invokes. Without statutory backing, a proclamation is merely an expression of executive policy with no binding legal effect on citizens. With statutory backing, it can create enforceable rules — but those rules must stay within the scope of what Congress authorized.
Official Summary
Administration of Barack Obama, 2016 Proclamation 9492—To Modify Duty-Free Treatment Under the Generalized System of Preferences September 14, 2016 By the President of the United States of America A Proclamation 1. Section 502 of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C. 2462), authorizes the President to designate countries as beneficiary developing countries, and to designate any beneficiary developing country as a least-developed beneficiary developing country, for purposes of the Generalized System of Preferences (GSP) program. Section 502(f)(1)(A) of the 1974 Act (19 U.S.C. 2462(f)(1)(A)) requires the President to notify the Congress before designating any country as a beneficiary developing country. Section 502(f)(1)(B) of the 1974 Act (19 U.S.C. 2462(f)(1)(B)) requires the President to notify the Congress at least 60 days before designating any country as a least-developed beneficiary developing country. 2. Pursuant to section 502(a)(1) of the 1974 Act, and taking into account the factors set forth in section 502(c) (19 U.S.C. 2462(c)), I have determined that the suspension pursuant to Proclamation 5955 of April 13, 1989, of preferential treatment for Burma as a beneficiary developing country under the GSP program shou