Andean Trade Preference Act (ATPA) / Andean Trade Promotion and Drug Eradication Act (ATPDEA)

The Andean Trade Preference Act, adopted in 1991, provides duty-free access to U.S. markets for some 5,600 products from the four eligible countries of Bolivia, Colombia, Ecuador and Peru. The Trade Act of 2002 renewed the ATPA program and extended new benefits to 700 additional products under the Andean Trade Promotion and Drug Eradication Act. The ATPDEA requires that each country must meet all the ATPA intellectual property rights criteria as well as the ATPDEA’s explicit TRIPS-or-greater criteria and willingness to participate in FTAA negotiations in order to be designated an ATPDEA eligible country.

The December 2006 Trade Bill granted a six-month extension for these four countries, and Congress later agreed to extend the ATPA program until February 29, 2008, followed by another extension through December 30, 2008. On October 16, 2008, President Bush signed legislation extending ATPA benefits by waiving duties on imports from Bolivia, Colombia, Ecuador and Peru in return for strengthened anti-drug cooperation; that law limited the extension for Ecuador and Bolivia to six months (through June 30, 2009), but allowed an additional six-month extension if the two countries cooperate with U.S. anti-drug efforts. However, effective December 15, 2008, the Administration suspended Bolivia’s duty-free access to the U.S. market until that country improves its anti-drug cooperation with the U.S. Recently, Congress and the Obama Administration extended ATPA benefits to Colombia, Ecuador and Peru (but not Bolivia) through December 31, 2010.