Trump administration seeks views on Kenya trade barriers despite AGOA snub

US President Donald Trump during an address from the Oval Office. [AFP]

The US Trade Representative (USTR) is soliciting comments from American businesses on trade barriers they face in Kenya, according to a public notice in the US Federal Register, even as the future of a key trade pact for Nairobi remains in doubt.

The move comes as officials in Washington and Nairobi remain tight-lipped on the renewal of the African Growth and Opportunity Act (AGOA), which provided duty-free access for most Kenyan exports to the United States and lapses this month.

The USTR's notice, published earlier this month and reviewed by The Standard, initiates the annual process for its National Trade Estimate Report on Foreign Trade Barriers. The office has called for American businesses to submit comments by October 30, 2025, specifically identifying Kenya as a country of interest for the 2026 report.

The notice stated the report's purpose is to "facilitate US negotiations aimed at reducing or eliminating these barriers" and is a tool for "enforcing US trade laws and agreements, ensuring trade is fair and reciprocal."

This process continues irrespective of AGOA's status, highlighting the Trump administration's separate focus on resolving specific market access issues for US companies. Barriers previously cited by the American Chamber of Commerce in Kenya include complex customs procedures, intellectual property rights enforcement challenges, and restrictions on foreign investment in certain sectors.

The USTR notice outlined a wide range of potential barriers for comment, including import policies, technical standards, sanitary measures, and "discriminatory or burdensome barriers to cross-border data flows."

When contacted for comment on the status of AGOA renewal talks, spokespersons for the USTR and Kenya's State Department for Trade did not immediately respond to requests.

The simultaneous occurrence of the AGOA lapse and the USTR's call for comments on barriers presents a complex picture of US-Kenya trade relations. Analysts suggest it underscores the administration's broader shift toward bilateral, reciprocal trade terms over unilateral trade preference programmes.

The public can submit comments electronically through the US Federal eRulemaking Portal at www.regulations.gov under docket number USTR-2025-0016. The USTR stated it will use the information to decide which "significant barriers" to include in its official 2026 report.