The American African Growth and Opportunity Act (hereinafter referred to as the Act) was passed by the House of Representatives and the Senate on May 4 and June 5, 2000, respectively. President Clinton signed and ratified the agreement on May 65, 2008 and June 65, 2000. On August 1 day, 2002, the second-stage amendment to the bill was passed.
This Act provides unilateral preferential trade terms for 48 countries in sub-Saharan Africa (hereinafter referred to as "Black Africa"). Black African countries that meet the requirements of the Act can export 460 kinds of goods to the United States duty-free within eight years according to the GSP. Among them, textiles and clothing are the biggest beneficiaries under the arrangement of the Act, and five of them can be exempted from tariffs and quotas.
Black African countries generally welcome the bill. The U.S. government said that the bill can accelerate Africa's reform, promote Africa's access to American expertise, credit and markets, and open high-level dialogue on trade and investment, which will bring changes to the long-term relationship between the United States and Africa and help Africa achieve prosperity. It can be said that the signing and implementation of this bill is an important event in the bilateral trade between Africa and the United States. On June 5438+ 10, 2003, at the second US-Africa Economic Forum held in Mauritius, US President George W. Bush announced to the General Assembly by video that he would propose to the US Congress to extend the validity of the bill. Once the bill is approved by the US Congress, the new validity of the future bill will exceed 2008. African countries welcome President Bush's motion and hope to extend it to 20 15. Since the implementation of the Act, the number of textiles and clothing imported from black African countries to the American market has greatly increased, and some countries have invested heavily in building cotton spinning and clothing factories. It is expected that the number of textiles exported to the United States will increase significantly in the next few years.
Main contents of the Bill
Criteria of beneficiary countries
The bill sets the following standards for beneficiary countries: (1) A market economy must be established or being established, private property must be clearly protected, and economic liberalization must be guaranteed; (2) A sound legal system, political pluralism and poverty eradication policies have been formulated or are being formulated; (3) Eliminate American trade and investment barriers, establish a trade dispute settlement mechanism, and protect intellectual property rights; (4) Oppose corruption and implement democratic civil administration; (5) Improve the environment, strengthen health care, attach importance to food safety and increase educational opportunities; (6) Take measures not to violate internationally recognized human rights, protect labor rights and eliminate child labor; (7) Oppose international terrorism and cannot participate in activities that endanger the national security and diplomatic interests of the United States. At present, 38 black African countries have become qualified beneficiaries of the bill.
(2) Zero-tariff commodities.
According to the GSP, goods from black African countries identified by the United States as non-import sensitive can enter the American market duty-free. There are about 460 kinds of such commodities, including strategic resources such as oil. On June 5438+February 2, 2000, US President Bill Clinton added 1800 items of goods that can enjoy duty-free treatment, including shoes, bags, handbags, watches and tableware.
(3) Clothing clauses
1. The bill abolished the import quota of textiles and clothing in Africa.
2. Eligible countries may not be able to enjoy the preferential treatment of clothing terms. The standards of the bill are: an effective export visa system must be established; Investigate and stop illegal re-export and forgery of documents; Establish procedures for the implementation and certification of clothing regulations that meet the requirements, or make significant progress in this regard; Agree to cooperate with the US Customs and fully assist the US Customs to confirm the origin of the products. The requirements of visa system and certification procedures in specific countries are put forward by American embassies in these countries according to the situation. At present, there are 19 eligible countries in this bill who have benefited from the clothing provisions.
3.( 1) Clothing made of yarns, fabrics and other raw materials not produced in the United States; (2) Clothing made of yarns and fabrics made in the United States; (3) Sweaters made of merino wool and cashmere; (4) Clothing made of silk, velvet, flax and other raw materials that are not commercially produced in the United States shall enter the American market duty-free and quota-free.
4. The first stage of this bill stipulates that garments made of yarns and fabrics produced locally in Black Africa can enjoy duty-free and quota-free treatment conditionally, that is, the number of garments that enter the American market duty-free and quota-free does not exceed 1.5% of the total clothing imports of the United States in that year, and this proportion will gradually increase to 3.5% within eight years. After this limit, MFN tariffs will still be used.
However, the second phase of the bill increased the above ratio by 1 times, that is, by 2008, the upper limit of the export ratio of duty-free and quota-free clothing from black African countries to the United States will be increased from 3.5% to 7%, and the annual growth rate of clothing exports from black African countries to the United States will be increased from 1.5% to 3%.
5. Special policy for underdeveloped beneficiary countries: For underdeveloped countries whose per capita national income is less than 1500 USD in 1998, the clothing produced by them can enjoy duty-free and quota-free treatment before September 30, 2004. Regardless of the source of raw materials, that is, the clothing produced from any country is exported to the United States, and the upper limit of quantity is the same as the above-mentioned Article 4. At present, 32 black African countries meet this requirement, that is, six of the original 38 beneficiary countries have been cancelled, namely Botswana, Namibia, Gabon, Mauritius, Seychelles and South Africa. These 32 countries can enjoy this "special policy" if they can meet other requirements of the clothing clause, but in fact Botswana and Namibia can waive this clause.
6. The US Secretary of Commerce will supervise the clothing import every month to prevent it from getting out of control. If the import seriously affects or threatens the American clothing industry, the president can order the suspension of preferential market access for a certain product.
According to the principle that products must be "planted, produced or manufactured" in beneficiary countries, the rules of origin of textiles and clothing in the bill generally require local customs to issue certificates of origin, and the supervision and implementation are very strict. At present, Kenya, Botswana and Mauritius have joined the visa system to enter the US market without trial.
The implementation and function of this law
Africa is the poorest and backward continent in the world, especially black Africa. So far, Africa has received much less attention politically and economically. In 2002, Africa's exports to the United States accounted for only 2% of all US imports. The bill provides an opportunity for Africa to compete with Asian countries with cheap products and Mexico and Caribbean countries with superior geographical location.
In the three years since the implementation of the law, black African countries have generally benefited from the law, although to varying degrees. At present, the clothing imported from black African countries has accounted for 1.5% of the total clothing imports in the United States. Among them, Lesotho's exports to the United States have increased sevenfold, replacing Mauritius as the largest clothing exporter to the United States in Africa; Madagascar's clothing exports have also grown rapidly, doubling for two consecutive years; In 2002, Kenya's exports to the United States increased by 1 19.5%, creating 50,000 jobs. South Africa has the most developed yarn and textile industry in Africa. In 2002, its clothing exports to the United States increased by 1.74%. In addition, South Africa has increased 90,000 jobs by vigorously developing manufacturing (mainly exporting American cars).
However, we must see that in the trade with the United States, the black African countries are far more dependent on the United States than the United States is on Africa. The United States is the largest single country market in Africa. Theoretically speaking, although the bill involves six products, only a few are implemented, such as textiles and clothing, oil, mineral products (diamonds and lead) and automobiles, the most important of which is textiles and clothing.
1. Africa is rich in resources, especially in recent years, some countries have discovered oil one after another, which makes the United States pay more attention to black Africa. African crude oil has accounted for 18% of the total value of US crude oil imports, and Nigeria and Angola are the fifth and eighth largest crude oil suppliers in the United States. The rising oil supply status of black Africa can make the United States reduce its dependence on Middle East oil, which is of great strategic significance to the United States. It is reasonable to use this bill to ensure that black Africa exports resources to the United States.
2. At the same time, the Act has also played a role in flexibly adjusting the trade and investment strategy between the United States and Black Africa, and promoting the export and investment of the United States to Black Africa. Black Africa is the last undeveloped big market in the world. For a long time, black African countries have a close relationship with the former sovereign state of Europe, and most of their economic and trade depend on Europe. As a latecomer, the United States wants to seize the black African market. The bill is a convenient tool.
This bill is a non-reciprocal agreement, but it is beneficial not only to African countries, but also to the United States itself. First of all, the products listed in the bill are basically imported from the United States. The expansion and diversification of product sources are beneficial to American consumers. In addition, because it is difficult to find high-quality African fabrics and yarns at present, African textile and garment manufacturers are likely to have to turn to the United States to buy raw materials for their own production. American companies may find new opportunities or reach a tacit agreement with African companies to cooperate on some infrastructure projects.
4. Control the development direction of black Africa. The preferential conditions of the Bill are by no means enjoyed by Yuan's compensation. The United States attaches many conditions, some of which have nothing to do with economy and trade, such as multi-party democracy, economic liberalization, privatization and anti-corruption in beneficiary countries.
5. The promotion of the bill to the export of black Africa to the United States is mainly reflected in resource commodities such as oil. As a sunset industry in the United States, the textile industry has very strict regulations and complicated approval procedures, so it is difficult for most black African countries to really enjoy the preferential conditions given by the bill. In addition, the GSP granted by the Act to qualified countries is only valid until September 30, 2008, and the current production and export capacity of black African countries is extremely limited. Therefore, even if the products are duty-free and quota-free, it is hard to imagine that products from black African countries will impact the American market and threaten domestic industries before this deadline. On the contrary, the United States gradually expanded its exports to black Africa, optimized its commodity structure and seized the black African market through the open market conditions required by the bill.
How can China enterprises make use of the Act?
China is the largest producer and exporter of textiles and clothing in the world, but the textile and clothing industry potential in Black Africa has not been fully developed, and the cooperation between the two sides has broad prospects. Investing in the construction of textile and garment factories in Africa is not only in line with China's policy requirements of optimizing and adjusting industrial structure and promoting exports, but also has a considerable return on investment if it is successful in Africa.
1. Make full use of the preferential conditions of free trade areas such as the Common Market for Eastern and Southern Africa, the Common Market for Eastern Africa, and the Southern African Customs Union to open up a broader market space in Africa.
2. Make full use of the traditional cooperative relations between African countries and the European Union, especially with their former suzerain countries, and explore the European market.
3. The basic conditions for choosing black African textile and clothing investment countries are: stable political situation, good infrastructure, perfect foreign investment policy and legal environment, convenient transportation, convenient raw materials or imports, certain technical level and low labor cost. In view of this, Kenya, Namibia, Madagascar, Lesotho, South Africa, Nigeria and Ethiopia can be given priority.
4. African countries generally have a big gap in cotton spinning and fabrics, and they need to import a lot every year, which should be the focus of encouraging investment.
5. Due to the different situations and risks in black African countries, various investment methods such as direct investment, joint venture, technical cooperation, leasing, human shares, technological transformation and trusteeship can be flexibly adopted.
6. With the implementation of the bill, African countries will make full use of the preferential conditions of the bill, formulate relevant supporting policies, vigorously develop their own textile and garment industries, and expand their exports to the United States. However, because most African countries have weak textile industry foundation, outdated facilities and lack of professional and technical personnel, they can't keep up with the trend of the international textile and clothing market. They will have a great demand for experienced technicians from China, and at the same time, they will also import cheap textile and clothing equipment from China. This provides a good opportunity for China to expand its export of labor services and complete sets of equipment to Africa.
some problems
1. The investment environment in African countries is relatively general: (1) Infrastructure. Except South Africa, Mauritius, Namibia and other countries, most African countries lack infrastructure such as water, electricity, transportation and communication. (2) Foreign exchange risk. Exchange rate fluctuation and foreign exchange control are two main problems. (3) Social security. Due to the disparity between the rich and the poor, high unemployment rate, limited police force and equipment, and even corruption, the crime rate in African countries is relatively high. (4) Work visa. The unemployment rate in African countries is high, and countries strictly control foreigners' long-term residence and employment there and restrict the issuance of work visas. Harsh conditions and complicated procedures. (5) labor issues. Black employees have low labor skills and poor labor enthusiasm, but their wages are not low, which affects the production efficiency of enterprises. All African countries have detailed labor laws to protect their workers and strictly enforce them. In addition, African trade unions are usually powerful and well-organized, often organize strikes, demand higher wages, and there are many labor disputes.
2. Because the textile and clothing provisions of the bill are harsh and have certain timeliness, it seems to be more suitable for domestic enterprises with orders and customers in the short term. Moreover, from now until the deadline stipulated in the bill, China enterprises are running out of time, so they must seize the opportunity to take practical actions. 3. To prevent illegal transit. When implementing the Act, the United States attached great importance to the issue of illegal re-export, and its supervision and inspection were also very strict. 4. After 2005, the United States will cancel the textile quota restrictions on China, and the multi-fiber agreement will expire in June 2005. The textile and clothing industry in African countries is facing fierce competition from similar products from China, Indian, Vietnamese and other countries. Due to the gap between the two sides in technology, equipment, labor proficiency and sales, it is difficult for Africa to enjoy the benefits of this policy, which hinders the enthusiasm of African countries to expand textile production.