Subscribe to our Newsletter to receive the latest updates on our content. By tapping the “Subscribe” button you will be redirected to subscription page. Subscription is free.
The African Growth and Opportunity Act (AGOA), a pivotal trade agreement between the United States and several sub-Saharan African nations, expired on 30 September 2025. Since its enactment in 2000, AGOA had been instrumental in strengthening United States/Africa economic ties by offering duty free access to the U.S. market for over 1,800 products from eligible African countries (in addition to more than 5,000 products previously listed under the U.S. Generalised System of Preferences, a separate and long-standing U.S. trade program that itself expired at the end of 2020).
The expiry of AGOA raises questions about the future of trade between the U.S. and East Africa, particularly for key regional players like Kenya and Tanzania. Unless AGOA is reinstated or replaced with an analogous arrangement soon, the effects of this change will likely be felt across various sectors, necessitating a strategic recalibration for these countries and their respective industries.
This legal alert considers the impact of AGOA’s expiry on Tanzania and Kenya, with a focus on trade tariffs, sectoral implications, and potential alternative trade agreements that may fill the void. In so doing, the alert builds on our earlier series of articles, which, amongst other things, highlighted the vulnerabilities and strategic considerations surrounding AGOA’s potential expiry for Kenya. In a previous alert titled, Tariffs, Trade and Trump: Is Kenya Prepared for the 9 July Deadline?, we examined the uncertainty surrounding AGOA’s renewal and the risks posed by shifting U.S. trade policy. Similarly, our other legal alert titled, America First, Kenya at Risk: Breaking Down the 10% Tariff Impact on the Textile and Apparel Industry explored the direct implications of tariff re-imposition on Kenya’s garment sector, emphasising the need for proactive policy and industry responses.
Now that AGOA has expired, the concerns identified in those articles have materialised, underscoring the urgent need for Kenya and Tanzania to adapt to a new trade reality. This piece extends that analysis by assessing the actual impact of AGOA’s expiry and exploring alternative trade pathways that could help mitigate the consequences.
Click here to download and read the full alert.
Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Chris Green and Luisa Cetina.
_________________
Contributor
Faith Chelangat – Associate, ALN Kenya | Anjarwalla & Khanna