Proc 10128ProclamationTrump 45 · R Quiet signal

Proclamation 10128

To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes

This proclamation reinstates the Democratic Republic of the Congo as a beneficiary country under the African Growth and Opportunity Act (AGOA), extends duty-free access for Israeli agricultural products through December 31, 2021, extends Caribbean Basin Economic Recovery Act preferences to September 30, 2030, and modifies duties on certain goods to implement a tariff barrier agreement with the European Union.

Impact dates

  1. CBERA extension expires

  2. EU tariff modifications enter effect per Annex II dates

  3. EU tariff modifications expire when USTR determines EU ceases agreement

  4. Israeli agricultural provisions expire

  5. DRC AGOA benefits and Israeli agricultural duty-free access effective

Key directives

  • Designate DRC as beneficiary sub-Saharan African country under AGOA
  • Designate DRC as lesser developed beneficiary sub-Saharan African country
  • Modify HTS general note 16(a) to include DRC
  • Modify HTS note 2(d) to subchapter XIX of chapter 98 to include DRC
  • Implement duty-free access for Israeli agricultural products through December 31, 2021
  • Extend CBERA in HTS general note 17(f)(i) to September 30, 2030
  • Modify duties on certain EU goods per Annex II
  • USTR to publish Federal Register notice when EU ceases agreement

Who is ordered

Timeline

Immediate

  • Proclamation signed December 22, 2020
  • HTS modifications proclaimed for DRC, Israel, CBERA, and EU agreement

Near term (90d)

  • DRC AGOA benefits effective January 1, 2021
  • Israeli agricultural duty-free access effective January 1, 2021
  • EU tariff modifications enter effect per Annex II dates

Long term

  • Israeli agricultural provisions expire December 31, 2021
  • CBERA preferences extended through September 30, 2030
  • EU tariff modifications remain until EU ceases to carry out agreement

Risks & tensions

  • DRC eligibility determination could be reversed if governance backslides
  • EU agreement modifications contingent on reciprocal EU compliance; USTR retains unilateral termination authority
  • Annex II specific dates and subheadings not provided in text
Proclamation 10128: To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes · Executive Orders