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Building capacity to help Africa trade better
tralac Newsletter • Issue 43 • June 2022

Welcome to the June 2022 tralac newsletter

 

A pilot phase of Facilitated and Guided Trade under the AfCFTA is expected to begin towards the end of September, before the next meeting of the Council of Ministers of Trade. At their meeting held in Accra on 25-26 July, the AfCFTA Council of Ministers announced that this ”initiative seeks to demonstrate that AfCFTA is functioning and send a political message to countries that are yet to submit their provisional schedules of tariff concessions in accordance with agreed modalities.” We briefly review this announcement in a Blog which also examines dispute settlement in the AfCFTA.

The AfCFTA Facilitated and Guided Trade Initiative is designed to facilitate the start of commercially meaningful trade among a group of State Parties of the AfCFTA that ‘have met the minimum requirements for trade under the AfCFTA Agreement’. Since this refers to trade in goods, this is expected to include the submission of a modality-compliant offer of tariff concessions. Details of how trade in this pilot phase will be facilitated and guided are not yet available. Meanwhile negotiations are continuing to complete outstanding issues.
 
We understand that the list of State Parties involved in the pilot phase includes 7 countries – Ghana, Kenya, Rwanda, Tanzania, Egypt, Mauritius and Cameroon – and other State Parties are invited to join the Initiative. A Committee has been established to coordinate and operationalise the activities of the Initiative, and there will be complementary ad hoc Committees in the participating State Parties. A list of products has been identified for the pilot phase. Ceramic tiles, Batteries, Horticulture products, Avocados, Flowers, Pharmaceutical products, Palm Oil, Tea, Rubber, and Components for Air conditioners are included in the list. It is expected that other products will be added to the list.
 
Notably, Kenya, Rwanda and Tanzania belong to the East Africa Community (EAC); these countries, along with Egypt and Mauritius, participate in the free trade area of the Common Market for Eastern and Southern Africa (COMESA). In terms of the principle of preservation of the acquis, the AfCFTA trade regime will exist alongside the regional economic community (REC) trade regimes. The AfCFTA liberalises trade between those State Parties that are NOT trading under preferences. Therefore, trade in the listed products, for example, between Ghana (a member of ECOWAS) and other State Parties in the group (non-ECOWAS members), will take place under this initiative. But for ceramic tiles exported from Egypt to Mauritius, for example, the applicable trade regime remains the COMESA FTA.
 
Industrialisation has become increasingly important in Africa’s trade and integration agenda, as all seek to develop and diversify their productive capacity. In a post-pandemic phase, this takes on even more significance as we need to improve our resilience to future shocks. The impact of the Russia-Ukraine war on Africa’s food security is a case in point. The AfCFTA is now referred to as a Framework for Africa’s Industrialisation. A key focus on continental value chain development anchors this initiative. The automotive and clothing and textile value chains are among the designated priorities, and in collaboration with the automotive industry bodies across the continent, a strategy for a continental automotive value chain is already being developed. We are pleased to share a study of Africa’s clothing and textile trade – both intra-Africa trade and trade with global trade partners. The clothing value chain is a complex demand-driven value chain, and our interest is specifically in a gendered analysis of value chains. This study is a precursor to detailed transaction-level data to better understand the role of women in this value chain. Studies on other value chains will follow.
 
Dispute settlement has been in the trade news headlines, with two notable developments. The Arbitration Panel’s Ruling on the dispute between the European Union (EU) and the Southern African Customs Union (SACU) member states was delivered on 3 August. The dispute was initiated by the EU and concerns the application of a bilateral safeguard measure that SACU imposed on the imports of frozen bone-in cuts of chicken in 2018. Further details are available in the tralac daily news (EU-SACU Poultry Safeguard Measure Arbitration). As soon as the Ruling is available, we will provide a detailed analysis. In another important development, South Africa has initiated a dispute, against the EU, in the World Trade Organisation, related to the EU’s regulations for ‘cold treatment’ of citrus products exported by South Africa to the EU. The first phase will involve consultations between the parties. We’ll provide updates as the process develops.
 
These two disputes are important, as African countries have not been active users of dispute settlement. We see dispute settlement as an important process to provide clarification and legal certainty about key trade issues.
 
We are also pleased to share our ongoing work on trade facilitation, including customs and border management processes, especially the challenges that women traders face. This was the topic of tralac’s webinar at the 2022 Africa Integration Day.


We look very much forward to your feedback.
 
The tralac Team

tralac Blog

Dispute Settlement in and about the AfCFTA: What to expect?
 
African Governments do not settle their disputes about compliance with obligations in intra-African trade and economic integration agreements through adjudication. Why do African Governments not litigate on multilateral nor regional levels? It has been said that this would be offensive to other governments, that there is a lack of technical capacity to use dispute settlement systems, and that intra-African trade-related disputes are settled through direct discussions. The real reasons run deeper and involve the protection of national policy space in highly divergent RECs.

Challenges women traders face at border posts and what can be done to address these challenges
 
Surveys indicate that about 70-80 percent of informal traders are women. Women traders face gender-based barriers at borders affecting potential for inclusive growth. It has also been established that cross-border trade is the only source of income for the majority of these women. Therefore. to attain sustainable economic empowerment of women traders, it is key to promote their trade efforts by the removal of the barriers they encounter when moving goods across the borders.
 
How will the war in Ukraine change the global Order?
 
The war in Ukraine has been described as the world’s biggest security crisis since the Second World War. It is also changing global relationships, policies and institutional affiliations in a manner not seen in decades. Some of the implications will only become clear over time but African governments will not escape the consequences of the shifts now underway.

More recent Blogs


The African Union Releases the Continent’s First Collective Climate Response Framework

South Africa energy security – Ramaphosa lets the private sector in

Tanzania’s LNG ambitions back on track
 
South Africa’s Twin Peaks model look strong but needs more independence
 

New Publications

Extended border delays a common experience at Kasumbalesa – What are the real issues and can we expect improvements?

Rwatida Mafurutu

In 2017, neighbouring countries the Democratic Republic of the Congo and Zambia signed a bilateral trade agreement, paving the way for the formation of a joint border post committee tasked with the establishment of a One-Stop-Border-Post (OSBP) at Kasumbalesa. An OSBP is a port of entry in which two neighbouring governments voluntarily agree on a decision to co-locate their port of entry operations at a common end-to-end land border crossing. It is at the Kasumbalesa border in Africa where five main ports dovetail: one from East Africa (Port of Mombasa), and four from the Southern African Development Community (SADC) (Walvis Bay, Beira, Dar es Salaam and Durban).

This Trade Brief discusses some of the main obstacles that have become perennially synonymous with the extended border delays at Kasumbalesa – one of the major and busiest OSBPs in Africa – and the trade facilitation challenges confronted daily by transporters, commercial goods, traders and people. Despite all of these, which are conspicuous and inherent at Kasumbalesa, users of this OSBP need to remain optimistic about the future.

Promoting the textiles and clothing value chain: Role of the AfCFTA

Taku Fundira

The textiles and clothing (T&C) industry is important for many African countries and has the potential to contribute to Africa’s industrial transformation and employment creation. The industry is mostly composed of micro, small and medium enterprises (MSMEs), which can rapidly generate decent jobs – both skilled and unskilled – especially for youth and women.

The T&C industry holds potential for value added benefits and job creation. The African Development Bank (AfDB) estimates up to 600% in value addition can be created along the cotton value chain (VC); from cotton production, spinning and twisting into yarn, to weaving and knitting into fabric, followed by dying, printing and designing. This Trade Report focusses on the T&C value chain and analyses cross border trade flows to identify Africa’s global players and the level of intra-Africa trade.

infographic: Africa textiles and clothing trade: A regional value chain analysis

New Booklets

Southern African Development Community-European Union Economic Partnership Agreement (EPA): Booklet

The SADC-EU EPA is a comprehensive economic partnership agreement between the European Union and South Africa, Botswana, Lesotho, Namibia, Eswatini, and Mozambique. Angola has applied to accede to the EPA. It is a reciprocal trade agreement, meaning that both the EU and the SADC EPA group offer preferential market access to each other; however, the EU provides greater preferential and duty-free access, while the SADC EPA group are allowed to maintain protection of sensitive sectors.

To be eligible for preferential treatment under a trade agreement, a product needs to originate (fully or partially) in a country that is party to the trade agreement. The criteria for what percentage of inputs can be sourced externally depends on the specific rules of origin (RoO) contained in the agreement. The SADC EPA RoO are formulated to support the development of regional value chains and enable producers to source inputs from various other countries without losing free access to the EU.

For more info, download the full booklet (pdf)
 

This booklet has been prepared by tralac and Wesgro, the official tourism, trade and investment promotion agency for Cape Town and the Western Cape. This activity was supported by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ)

Trade in the Digital Economy: A tralac guide

The digitalisation of the economy requires new ways of thinking about competition, intellectual property, taxation, industrial policy, privacy, cyber security, the labour market, immigration, skills, investment and, of course, trade.

Digitisation has contributed to a changing trade environment in many ways – facilitating multinational value chains, enabling the rise of the micro-multinational and giving us new tradeable goods and services. It is also blurring the traditional boundaries between goods and services, blurring the boundaries between jurisdictions and bringing into question the way our legal and regulatory infrastructure operates at national, regional and global levels. Digital permeates every aspect of trade – from agriculture to clothing, from manufactured goods to business services.

Read more in tralac’s guide to Trade in the Digital Economy (pdf)

Trade data analysis and infographics

Intra-Africa trade by REC: 2020 update

The African Union (AU) recognises 8 officially recognised regional economic communities (RECs). These are regarded as building blocks to the AfCFTA. Overlapping membership complicates the implementation processes. This infographic provides an overview of total Intra-Africa trade for 2020 and the REC share of intra-Africa trade.
 
Trade and tariff data updates for 2021 are available for the following countries:

Egypt
Nigeria
Kenya
Tanzania
Tunisia
Senegal  

Regional Resources

tralac maintains a collection of regional and national trade-related resources including copies of the texts and annexes of regional and bilateral trade agreements, copies of various regional protocols, memoranda of understanding and tariff offers, and copies of national legislation and trade-related policy documents.


VIEW ALL TRALAC REGIONAL AND CONTINENTAL RESOURCES

Please note: Free registration is required to download resources.

Latest AGOA news

Annual AGOA Eligibility Review

The AGOA status of  beneficiary countries is subject to an annual review (this is distinct from the fact-finding mission currently being undertaken by the US Trade Commission, and which will conclude early 2021). The eligibility process is currently underway (see Federal Register announcement). The process allows interested stakeholders to make written submissions; these can be viewed and downloaded (also for prior years) on AGOA.info here.

AGOA Forum and Ministerial Meeting update

A few days ago, US President Biden announced plans for a US-Africa Leaders Summit, to be held in Washington D.C. (see this link – includes statements by President Biden and Vice President Harris). It was subsequently announced by USTR Katherine Tai that the US will also host an AGOA Ministerial Meeting during the same week. The AGOA Ministerial has traditionally formed part of the AGOA Forum: South Africa will host the next forum in the course of 2023.

Kenya-United States FTA negotiations launched

Following the initial trade negotiations that commenced on July 7, 2020, the US and Kenya have announced the formal start to bilateral negotiations for a comprehensive trade agreement (see joint statement here). Kenya has in recent years enjoyed a trade surplus with the US. Follow developments on AGOA.info at this link.

Key trade stats for AGOA beneficiaries combined for the year 2021 vs. 2022 YTD
 

 
2020
2021
% Change
2021 YTD to May*
2022 YTD to end May*
Aggregate exports to US: $ 18.4 billion $ 27.4 billion + 49 $ 10.6 billion $ 12.4 billion
- - (Share) of AGOA exports: $ 4.2 billion $ 6.7 billion + 62% $ 2.2 billion $ 3.6 billion
Total US import duties on combined imports from AGOA beneficiaries: $ 44 million $ 74 million + 69% $ 19.9 million $ 42.4million

* Excludes Ethiopia, Mali and Guinea, for comparison purposes
 
Top 10 Exporters (AGOA trade only)* 2020 exports to US ($m) 2021 exports to US ($m) YTD to May 2021* YTD to May 2022* Change 2020/21 YTD to May*
Nigeria 499.01 1,412.14 451.71 1,158.75 +157%
South Africa 1,892.49 2,697.49 1,006.94 1,145.01 +14%
Ghana 136.18 324.58 29.52 331.63 +1023%
Kenya 438.27 522.066 20.19 224.25 +11%
Angola 134.19 300.02 104.24 197.06 +41%
Madagascar 197.02 297.41 98.5 146.54 +49%
Lesotho 256.76 291.87 109.14 112.36 +3%
Cote d’Ivoire 69.33 73.89 25.31 54.66 +116%
Gabon 4.01 3.37 0.86 45.47 +5187%
Rest 224 304 68 101 +49%
All AGOA countries $3,897 $6,266m $2,154m $3,551m +65%
 
Excludes Ethiopia, Mali and Guinea, who lost AGOA beneficiary status at the start of 2022.
US imports entering under AGOA/GSP preference were 65% higher in the 5-month period to May 2022 (matching the 65% increase to April), compared with the equivalent 2021 period. For comparison purposes, countries that lost their AGOA beneficiary status at the start of 2022 have been excluded from the 2021/2022 data.
 
Of the leading ‘AGOA exporters’ in 2022, South Africa’s year-on-year AGOA trade grew by 14% (9% to April), a much lower percentage increase compared to many other AGOA beneficiaries albeit off a much higher base and now in second place after Nigeria whose oil exports under AGOA have increased sharply. Ghana and Angola in particular also recorded higher oil exports to the US. Cote d’Ivoire grew its US-bound exports of chocolate and cocoa paste and is now firmly in the top-10 group of AGOA exporters, while Senegal is benefiting mainly from higher AGOA exports of prepared or preserved fish.  

AGOA Quotas

While AGOA offers beneficiary countries duty-free access to its market in approximately 6,500 tariff lines (the remaining tariff lines are mostly already duty-free on a MFN basis), the program is built on the US Generalized System of Preferences, which removes duties on up to 5,000 tariff lines (depending on the development status of beneficiary countries). The GSP however expired at the end of 2020 and has at this stage not yet been renewed; this has in effect significantly elevated the value of AGOA since dozens of countries around the world currently no longer enjoy US GSP privileges (GSP products are also AGOA eligible). Legislation has meanwhile been drafted that could potentially renew the US GSP. Notwithstanding tariff preferences, AGOA does not do away with quantitative restrictions, for example tariff rate quotas or tariff preference levels (such as those applicable to the apparel sector under AGOA). Exports from AGOA beneficiary countries in tariff lines that are potentially quota-constrained face import duties once the quota has been utilized – sometimes these are a global quota, other times specific to individual countries or country groups. Read more about AGOA quotas and where to look up quota fill rates on AGOA.info here.

AGOA and US trade remedies

While the AGOA legislation provides eligible African countries duty-free to the US market in almost 7,000 tariff lines (which combined with tariff lines that are duty-free on a MFN basis means that only around 3% of all potentially traded goods are still subject to import duties), this does not suspend US trade remedies that may be invoked when exporters sell goods to US buyers at less than fair value (dumping) or because of illegal subsidies received in the exporting country. South African exporters of lemon juice are currently subject to an anti-dumping investigation in the US. See an overview of AGOA and US trade remedies on AGOA.info here.
 
Related tralac publications:

Paper: The United States anti-dumping investigation against lemon juice from South Africa: what happened, and where to now?

Blog article: The U.S. anti-dumping investigation against lemon juice exports from South Africa: background, recent updates and next steps

National AGOA strategies

During 2021 a number of new or updated National AGOA Strategies have been published. These – and previous strategies from other AGOA beneficiaries – are available on AGOA.info in the AGOA Strategies section. The most recent publications involve Namibia’s (new) and Botswana’s (updated) AGOA Strategies, which were facilitated through the support of the USAID TradeHub.

Various AGOA-related infographic styled brochures have been updated recently in the AGOA.info Exporter Toolkit, and are available to download from AGOA.info, with more to follow. See for example Namibia, Botswana, Kenya, Nigeria, Ghana, Malawi, Angola, Ethiopia, Mozambique and Lesotho, as well as the textiles and apparel-specific sector document.

AGOA Business Connector

The AGOA Business Connector is an online facility on AGOA.info to help enable trade and business connections between producers, exporters, importers, sourcing agents, trade-related service suppliers including trade finance, logistics and related services, support organisations (such as business chambers and exporter associations and others), both from within sub-Saharan African AGOA beneficiary countries and the United States. Registered users are also able to list their businesses or professional trade-related service on the platform, and to communicate with other listings through a messaging facility
 
> Download the AGOA Business Connector Brochure at this link
> Register on AGOA.info and list your business or service
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