It is widely asserted that the Act contains only a few, general, conditionalities. A reading of the document, however, reveals a different story, as is illustrated by the following excerpts:
SEC. 2. FINDINGS: "The Congress finds that it is in the mutual economic interest of the United States and sub-Saharan Africa to promote stable and sustainable economic growth and development in sub-Saharan Africa. To that end, the United States seeks to facilitate market-l ed economic growth in, and thereby the social and economic development of, the countries of sub-Saharan Africa."
SEC. 4. ELIGIBILITY REQUIREMENTS.
"(a) IN GENERAL- A sub-Saharan African country shall be eligible to participate in programs, projects, or activities, or receive assistance or other benefits under this Act if the President determines that the country does not engage in gross violations
of internationally recognized human rights and has established, or is making continual progress toward establishing, a market-based economy, such as the establishment and enforcement of appropriate policies relating to--
(1) promoting free movement of goods and services between the United States and sub-Saharan Africa and among countries in sub-Saharan Africa;
(2) promoting the expansion of the production base and the transformation of commodities and nontraditional products for exports through joint venture projects between African and foreign investors;
(3) trade issues, such as protection of intellectual property rights, improvements in standards, testing, labeling and certification, and government procurement;
(4) the protection of property rights, such as protection against expropriation and a functioning and fair judicial system;
(5) appropriate fiscal systems, such as reducing high import and corporate taxes, controlling government consumption, participation in bilateral investment treaties, and the harmonization of such treaties to avoid double taxation;
(6) foreign investment issues, such as the provision of national treatment for foreign investors and other measures to create an environment conducive to domestic and foreign investment;
(7) supporting the growth of regional markets within a free trade area framework;
(8) governance issues, such as eliminating government corruption, minimizing government intervention in the market such as price controls and subsidies, and streamlining the business license process;
(9) supporting the growth of the private sector, in particular by promoting the emergence of a new generation of African entrepreneurs;
(10) encouraging the private ownership of government-controlled economic enterprises through divestiture programs;
(11) removing restrictions on investment; and
(12) observing the rule of law, including equal protection under the law and the right to due process and a fair trial."
(b) ADDITIONAL FACTORS-
"(2) The extent to which such country has made substantial progress toward--(B) binding its tariffs in the World Trade Organization and assuming meaningful binding obligations in other sectors of trade;"
"(3) Whether such country, if not already a member of the World Trade Organization, is actively pursuing membership in that Organization."
"(4) Where applicable, the extent to which such country is in material compliance with its obligations to the International Monetary Fund and other international financial institutions."
"(7) Whether or not such country engages in activities that undermine United States national security or foreign policy interests."
(c) CONTINUING COMPLIANCE--(1) MONITORING AND REVIEW OF CERTAIN COUNTRIES
"(1) The President shall monitor and review the progress of sub-Saharan African countries in order to determine their current or potential eligibility under subsection (a). Such determinations shall be based on quantitative factors to the fullest extent
possible and shall be included in the annual report required by section 15."