President Trump issued Presidential Determination No. 2026-02 on November 21, 2025, addressing foreign governments' efforts to combat human trafficking. Published in the Federal Register on December 19, 2025, this memorandum to the Secretary of State invokes section 110 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended. The determination imposes restrictions on U.S. nonhumanitarian and nontrade-related assistance to countries not meeting the Act's minimum standards for eliminating severe forms of trafficking in persons. It also includes waivers and partial waivers for select nations, reflecting a balance between enforcement and national interests. This action underscores the U.S. commitment to global anti-trafficking efforts, potentially influencing diplomatic relations and international aid flows in fiscal year 2026.
Background on the Trafficking Victims Protection Act
The TVPA, enacted in 2000 and reauthorized multiple times, establishes a framework for combating human trafficking worldwide. It requires the State Department to produce an annual Trafficking in Persons (TIP) Report, categorizing countries into tiers based on their compliance with minimum standards. Tier 1 countries fully comply. Tier 2 nations do not fully comply but are making significant efforts. Tier 3 countries neither comply nor show significant efforts, triggering potential sanctions under section 110.
These standards include prohibiting severe forms of trafficking, punishing such acts, and eliminating them through monitoring and education. The presidential determination, issued annually, decides on aid restrictions or waivers. Past determinations, such as those in 2024 under President Biden, similarly targeted non-compliant countries, but Trump's 2025 version reflects his administration's foreign policy priorities, emphasizing strict enforcement against adversaries like China and Russia.
Key players include the President, who makes the final determination, and the Secretary of State, who receives the memorandum. The TIP Report, prepared by the State Department's Office to Monitor and Combat Trafficking in Persons, informs these decisions. International organizations like multilateral development banks and the International Monetary Fund are directed to oppose loans to sanctioned countries.
Countries Subject to Full Restrictions
The determination lists several countries facing full restrictions on U.S. nonhumanitarian, nontrade-related assistance for fiscal year 2026. Under section 110(d)(1)(A)(i), Afghanistan, Chad, Iran, South Sudan, and Venezuela will receive no such aid until they comply with TVPA standards or make significant efforts.
A broader group, including Belarus, Burma, the People's Republic of China (PRC), Cuba, the Democratic People's Republic of Korea (DPRK), Eritrea, Macau (a Special Administrative Region of the PRC), Nicaragua, and Russia, faces restrictions under section 110(d)(1)(A)(ii). This prohibits aid and funding for officials' participation in U.S. educational and cultural exchange programs.
Additionally, section 110(d)(1)(B) instructs U.S. representatives at multilateral institutions to vote against loans or fund utilizations for Belarus, Burma, the PRC, Cuba, the DPRK, Eritrea, Iran, Macau, Nicaragua, Russia, South Sudan, and Venezuela, except for humanitarian or basic human needs assistance not benefiting the governments.
The document also addresses Sint Maarten separately. It directs no nonhumanitarian, nontrade-related aid, opposition to multilateral loans, but allows continued funding for educational and cultural exchanges, consistent with U.S. policy.
These measures align with precedents like the 2019 determination, which sanctioned similar countries, and reflect ongoing U.S. concerns over state-sponsored trafficking or inadequate enforcement in these nations.
Waivers and Partial Waivers
President Trump grants full waivers under section 110(d)(4) to Cambodia, Laos, Papua New Guinea, Sudan, and Syria, allowing all described assistance as it promotes the Act's purposes or U.S. national interests.
Partial waivers apply to several countries. For Afghanistan and Chad, assistance under section 110(d)(1)(B) is permitted. Belarus, Eritrea, Macau, and Russia receive partial waivers for educational and cultural exchange programs under section 110(d)(1)(A)(ii).
South Sudan gets a partial waiver for Global Health Programs assistance under section 110(d)(1)(A)(i). Venezuela's partial waiver covers most nonhumanitarian, nontrade-related aid, excluding Peacekeeping Operations, Foreign Military Financing, International Military Education and Training, Foreign Military Sales, and Excess Defense Articles.
These exemptions consider factors like regional stability and humanitarian needs. For instance, health aid to South Sudan addresses ongoing crises, echoing waivers in prior years for conflict-affected areas.
Implications and Perspectives
Short-term implications include reduced U.S. aid to listed countries, potentially straining diplomatic ties. For example, restrictions on China and Russia could escalate tensions amid broader geopolitical rivalries. Long-term, this may pressure governments to improve anti-trafficking measures, as seen in past cases where sanctioned countries enhanced laws to regain aid eligibility.
Different perspectives emerge. Human rights advocates praise the determination for holding governments accountable, citing the TIP Report's role in global awareness. Critics, including some foreign policy experts, argue sanctions may hinder cooperation on other issues, like counterterrorism, without effectively reducing trafficking. Affected countries often dispute their tier placements, viewing them as politicized. For instance, China has historically rejected U.S. assessments, claiming they interfere in internal affairs.
The determination avoids endorsing any view but highlights debates over balancing enforcement with diplomacy. Legal precedents, such as court rulings upholding TVPA sanctions under executive authority, reinforce its validity.
In summary, this determination enforces TVPA standards through targeted restrictions and strategic waivers. Potential next steps include congressional review of the submitted certification and Memorandum of Justification. Ongoing challenges involve monitoring compliance and adapting to evolving trafficking trends. Debates may focus on the effectiveness of sanctions versus incentives, shaping future U.S. anti-trafficking policy.
