Proclamation 9388-To Take Certain Actions Under the African Growth and Opportunity Act
Issued 2016-01-11 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This proclamation suspends special trade benefits that South Africa had been receiving on agricultural products under a program called the African Growth and Opportunity Act. Since 2000, South Africa had been designated as a beneficiary country under this Act, which allowed certain goods from sub-Saharan African nations to enter the United States without paying normal import taxes (duty-free treatment). Beginning March 15, 2016, agricultural products from South Africa would no longer receive this duty-free treatment, meaning importers would have to pay regular tariffs on these goods.
The proclamation states that South Africa is not meeting the requirements necessary to qualify for these trade benefits, and that suspending the duty-free treatment for agricultural goods would be more effective in encouraging compliance than removing South Africa from the program entirely. Congress had previously given the President authority under the Trade Act of 1974 to make these kinds of adjustments to the beneficiary country list when countries fail to meet program requirements.
This action primarily affects American businesses that import agricultural products from South Africa and South African agricultural exporters, as these goods will now face import duties they previously avoided. The proclamation uses authority Congress delegated to the President to manage this trade program, allowing adjustments to be made through presidential proclamation rather than requiring new legislation each time program participation changes.
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 9388-To Take Certain Actions Under the African Growth and Opportunity Act". The stated purpose: "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." 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 9388—To Take Certain Actions Under the African Growth and Opportunity Act January 11, 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-Sah