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African Growth and Opportunity Act (AGOA)

The African Growth and Opportunity Act (AGOA) is a key pillar of U.S. trade policy with sub-Saharan Africa (SSA). Congress enacted AGOA as part of the Trade and Development Act of 2000 (Title I of P.L. 106-200, as amended). AGOA is a nonreciprocal U.S. trade preference program providing duty-free access for most U.S. imports of goods from eligible countries in SSA. Under the act, the President may designate up to 49 named SSA countries as beneficiary countries if they meet the eligibility criteria under both AGOA and the Generalized System of Preferences (GSP), a larger, older U.S. trade preference program that expired in 2020. The President determines eligibility annually. For calendar year 2026, 33 countries are eligible for AGOA benefits. In February 2026, Congress retroactively reauthorized AGOA through December 2026 after it expired on September 30, 2025. Through AGOA, Congress has sought to increase U.S. trade with and investment in SSA countries. Congress also has sought to promote sustainable economic growth through trade and encourage the rule of law and market-oriented reforms in the region. Policy experts have mixed views on the impact of AGOA on SSA economic development and the U.S.-Africa trade relationship. Unlike comprehensive U.S. free trade agreements (FTAs), which address bilateral tariff and nontariff barriers, under trade preference programs like AGOA, the United States provides unilateral preferential benefits (e.g., duty-free treatment) to U.S. imports of goods from beneficiary countries and does not require reciprocity. Some observers and policymakers have called for more trade reciprocity in the U.S.-Africa trade relationship and have encouraged the executive branch to pursue trade negotiations addressing market access issues—both goals set out in AGOA policy provisions. Past Administrations have sought to negotiate one or more comprehensive FTAs with AGOA beneficiary countries, but no such FTAs have to date been concluded. In 2025, U.S. imports that received AGOA duty-free treatment totaled $5.0 billion, down from $7.9 billion in 2024. The biggest beneficiaries of AGOA, by value, were South Africa, the Democratic Republic of Congo, Nigeria, Kenya, and Madagascar. The top five categories of AGOA imports were refined copper, apparel, passenger vehicles, crude oil, and ferroalloys. Until 2019, oil and gas, including crude oil, made up more than 50% of total AGOA imports. U.S. import data suggest that the types of AGOA imports have diversified since 2019, with apparel and motor vehicles making up larger shares of total AGOA imports. A large share of total AGOA imports have been concentrated within the top five AGOA beneficiary countries. A 2023 study by the U.S. International Trade Commission found that the program has had positive effects on certain sectors, but limited impact on regional integration, another congressionally defined AGOA goal. Since early 2025, the Trump Administration has imposed tariffs that affect or may affect African exports to the United States. Duty-free treatment under AGOA is limited to U.S. most-favored-nation (MFN) tariffs and does not apply to products covered by presidential tariff actions—which have been imposed using authorities granted by Congress but have been successfully legally challenged in whole or in part. In February 2026, President Trump imposed a temporary 10% tariff on most U.S. imports, including from AGOA beneficiary countries, under Section 122 of the Trade Act of 1974; the tariff expired on July 24, 2026. Motor vehicles, a major AGOA export from South Africa, face a 25% tariff imposed under Section 232 of the Trade Expansion Act of 1962. On July 24, the Trump Administration imposed a 12.5% tariff on Angola, Nigeria, and South Africa under Section 301 of the Trade Act of 1974 for failure to “impose and effectively enforce a prohibition” on imports produced by forced labor. The Administration has been engaged in trade negotiations with major U.S. non-African trading partners to address tariffs and other trade issues, but has not publicly announced such talks with African countries. Congress has played an active legislative and oversight role with respect to the program; it has reauthorized the program periodically and required the President to provide regular reports to Congress on implementation of the program. With AGOA scheduled to expire on December 31, 2026, Congress may consider whether to extend the program and, if so, for what period. Historically, many AGOA-linked investors have called for longer, more predictable authorization periods. Congress may also evaluate the program’s effectiveness in meeting U.S. foreign policy goals and expanding U.S.-Africa trade and investment relations and other policy goals set out in P.L. 106-200. U.S. Trade Representative Jamieson Greer has expressed the Administration’s support for AGOA reauthorization, but has called for modifications. Policy experts and policymakers have suggested modifying AGOA to promote broader program utilization and to bring AGOA into alignment with contemporary policy trends, such as increased trade reciprocity and supply chain security.

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