Proclamation 9406-To Take Certain Actions Under the African Growth and Opportunity Act
Issued 2016-03-14 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama issued this proclamation to restore duty-free trade benefits to South Africa under the African Growth and Opportunity Act, a program that allows certain goods from eligible African countries to enter the United States without import taxes. Just two months earlier, in January 2016, the President had suspended these duty-free benefits for agricultural products from South Africa because he determined the country wasn't meeting program requirements. This proclamation reverses that earlier decision, effective immediately.
This action directly affects American businesses that import agricultural goods from South Africa and South African farmers and producers who export to the United States. With duty-free treatment restored, these products can again enter the U.S. market without tariffs, making them more competitive and affordable. The proclamation states that South Africa has now taken actions to come back into compliance with the program's requirements.
The President acted under authority granted by Congress in the Trade Act of 1974 and the African Growth and Opportunity Act. These laws specifically authorize the President to suspend or restore duty-free treatment for countries participating in the program based on whether they meet certain requirements. The proclamation revokes the earlier suspension, returning South Africa to its previous status as a full beneficiary under the trade program.
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 9406-To Take Certain Actions Under the African Growth and Opportunity Act". The stated purpose: "compliance by South Africa with such requirements." 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 9406—To Take Certain Actions Under the African Growth and Opportunity Act March 14, 2016 By the President of the United States of America A Proclamation 1. In Proclamation 7350 of October 2, 2000, the President designated the Republic of South Africa (South Africa) as a beneficiary sub-Saharan African country for purposes of 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). 2. Sections 506A(d)(4)(C) (19 U.S.C. 2466a(d)(4)(C)) and 506A(c)(1) (19 U.S.C. 2466a(c)(1)) of the 1974 Act authorize the President to suspend the application of duty-free treatment provided for any article described in section 506A(b)(1) of the 1974 Act (19 U.S.C. 2466a(b)(1)) or 19 U.S.C. 3721 with respect to a beneficiary sub-Saharan African country if he determines that the beneficiary country is not meeting the requirements described in section 506A(a)(1) of the 1974 Act and that suspending such duty-free treatment would be more effective in promoting compliance by the country with those requirements than terminating the designation of the country as a beneficiary sub-Sahar