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INTERNATIONAL TRADE

May 2011
U.S. State Department Encourages Tax Incentives For African Investments
U.S. Tax Incentive Proposal. On May13th, Assistant Secretary of State Johnnie
Carson announced that the State Department is endorsing a tax incentive proposal where
U.S. income taxes would be eliminated on repatriated profits from U.S. companies that
invest in factories in Africa that produce eligible products under the Africa Growth and
Opportunity Act (AGOA).
AGOA. AGOA is a U.S. trade preference program - enacted in 2000 and
currently scheduled to expire in 2015 that allows all marketable goods produced in 37
sub-Saharan African countries that are eligible for the program to enter into the U.S.
market without any duties or tariffs.
U.S. trade with sub-Saharan Africa countries has almost tripled under the AGOA
trade program.
In 2010, U.S. exports to Africa were $17.1 billion and U.S. imports from
this region were $64.3 billion.
Before AGOA was enacted in 2000, U.S. exports were $5.9 billion and
U.S. imports from Africa were $23.4 billion.
AGOA has made a lot of progress in creating jobs, spurring economic growth and
facilitating a dialogue on key economic and political challenges facing many countries in
the sub-Saharan Africa.
The State Department believes AGOA remains the centerpiece of U.S. trade and
investment policy with Africa. Assistant Secretary of State Johnnie Carson is advocating
for the renewal of AGOA through 2025. In addition, Mr. Carson is recommending going
one step further to incentivize greater U.S. investment by eliminating any U.S. tax on
repatriated profits from U.S. companies that invest in factories in Africa that produce
AGOA exports to the United States.

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Congressional Reaction. Unfortunately, the State Department tax proposal received a


cool reception from the tax writing committees in the Senate and House since another
repatriation tax proposal a one-time repatriation holiday on all foreign earnings has
been so controversial. In reaction to Carsons proposal, Senate Finance Chairman
Baucus warned that any repatriation idea faces a tough sell. Tax-free repatriation of
foreign earnings is strongly opposed by many Democrats, including President Obama. It
does not have the support of House Speaker John Boehner and House Ways and Means
Committee Chairman David Camp has been skeptical about the idea. Nonetheless,
repatriation will be an issue that will be examined by Congress as a broader effort to
reform the entire U.S. tax code as part of an effort to stimulate the U.S. economy and
encourage more business investment.
For more information, please contact:
Bill Ewing, Partner- Atlanta office
william.ewing@btlaw.com
404-264-4050
Roy Hadley, Partner- Atlanta office
roy.hadley@btlaw.com
404-264-4036
Alan Gorman, Partner- Atlanta office
alan.gorman@btlaw.com
404-264-4022

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