To Implement Certain Provisions in the Consolidated Appropriations Act, 2026, and for Other Purposes
This Presidential Proclamation implements specific trade provisions mandated by the Consolidated Appropriations Act, 2026, chiefly by extending duty-free trade benefits under the African Growth and Opportunity Act (AGOA) and the Caribbean Basin Economic Recovery Act (CBERA) until December 31, 2026.
Furthermore, the President determines that the Gabonese Republic now meets the necessary criteria and designates it as a beneficiary sub-Saharan African country, effective January 1, 2026, following its previous termination.
The proclamation orders necessary modifications to the Harmonized Tariff Schedule of the United States (HTSUS) to reflect these extensions, reinstatement, and to correct past administrative inconsistencies regarding trade program deadlines.
Arguments For
Extends duty-free treatment under the African Growth and Opportunity Act (AGOA) and Caribbean Basin Economic Recovery Act (CBERA) through December 31, 2026, providing continued economic stability and trade benefits for beneficiary nations.
Reinstates the Gabonese Republic (Gabon) as a beneficiary sub-Saharan African country based on a determination that it now meets eligibility requirements, supporting trade relations and rewarding compliance.
Addresses necessary technical corrections to the Harmonized Tariff Schedule of the United States (HTSUS) to ensure consistency with prior legislative extensions of trade programs, thereby clarifying tariff treatment for importers and exporters.
Utilizes established statutory authority (Trade Act, AGOA, CBERA) to execute directives stemming from recent Congressional appropriations legislation (Consolidated Appropriations Act, 2026), ensuring fidelity to the enacted law.
Arguments Against
The proclamation involves extending preferential trade agreements without necessarily providing a mechanism for immediate, detailed policy review of ongoing compliance by beneficiary nations beyond the current statutory deadlines.
Modifications to the HTSUS, even if technical, create adjustments for customs operations and importers, potentially causing short-term administrative friction until the changes are fully integrated.
The continuation of specific programs like regional apparel article and third-country fabric programs (under AGOA) may be viewed as perpetuating trade preferences that could otherwise be subject to renewal or renegotiation based on current economic conditions.
The decision to reinstate Gabon occurs after a prior termination due to non-continual progress, raising questions about the durability or immediate impact of the governmental actions that led to the reinstatement.
1. Section 5019(a)(1)(A) of the Consolidated Appropriations Act, 2026 (Public Law 119-75), amended section 506B of the Trade Act of 1974 (the “Trade Act”) (19 U.S.C. 2466b), as amended, and section 5019(a)(1)(B)(i) of the Consolidated Appropriations Act, 2026, amended section 112(g) of the African Growth and Opportunity Act (the “AGOA”) (19 U.S.C. 3721(g)), to provide that in the case of a beneficiary sub-Saharan African country, duty-free treatment provided under title V of the Trade Act shall remain in effect through December 31, 2026.
This paragraph explains that recent legislation, the Consolidated Appropriations Act, 2026, modified two key trade laws.
It extended the existing duty-free trade status under Title V of the Trade Act of 1974, which applies to sub-Saharan African countries, to remain in effect until December 31, 2026.
This was done by amending sections related to the Trade Act and the African Growth and Opportunity Act (AGOA).
2. Section 5019(a)(1)(B)(ii) of the Consolidated Appropriations Act, 2026, amended section 112(b)(3)(A) of the AGOA (19 U.S.C. 3721(b)(3)(A)) to extend the regional apparel article program through December 31, 2026. Section 5019(a)(1)(B)(iii) of the Consolidated Appropriations Act, 2026, amended section 112(c)(1) of the AGOA (19 U.S.C. 3721(c)(1)) to extend the third-country fabric program through December 31, 2026.
This part details further extensions within the AGOA structure, also originating from the Consolidated Appropriations Act, 2026.
Specifically, it extends two specialized programs: the regional apparel article program and the third-country fabric program.
Both of these special provisions under AGOA are now set to continue operating until December 31, 2026.
3. Section 506A(a)(1) of the Trade Act, as added by section 111(a) of the AGOA (title I of Public Law 106-200, 114 Stat. 251, 257-58) (19 U.S.C. 2466a(a)(1)), authorizes the President to designate a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a “beneficiary sub-Saharan African country” if the President determines that the country meets the eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set forth in section 502 of the Trade Act (19 U.S.C. 2462). Section 506A(a)(3) of the Trade Act authorizes the President to terminate the designation of a country as a “beneficiary sub-Saharan African country” if the country is not making continual progress in meeting the eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set forth in section 502 of the Trade Act (19 U.S.C. 2462).
This section outlines the legal framework governing the designation of countries eligible for AGOA benefits.
Under Section 506A(a)(1) of the Trade Act, the President can designate a country as a beneficiary if it satisfies requirements under both AGOA Section 104 and Trade Act Section 502.
Conversely, Section 506A(a)(3) grants the President the authority to terminate that designation if the country fails to demonstrate continual progress in meeting those same eligibility standards.
4. In Proclamation 10692 of December 29, 2023 (To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes), the President determined that the Gabonese Republic (Gabon) was not making continual progress in meeting the requirements described in section 506A(a)(1) of the Trade Act. Thus, pursuant to section 506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)), the President terminated the designation of Gabon as a beneficiary sub-Saharan African country for purposes of section 506A(a)(1) of the Trade Act.
This references a previous action taken in December 2023, where the President determined that Gabon was not continuously meeting the required criteria under the Trade Act.
Consequently, the President used the authority granted under Section 506A(a)(3) to terminate Gabon's status as a beneficiary country under the AGOA framework.
5. Pursuant to section 506A(a)(1) of the Trade Act, based on actions the Government of Gabon has taken, I have determined that Gabon meets the eligibility requirements set forth in section 104 of the AGOA and the eligibility criteria set forth in section 502 of the Trade Act, and I have decided to designate Gabon as a beneficiary sub-Saharan African country.
Based on subsequent actions taken by the Government of Gabon, the President now determines that Gabon satisfies all prerequisite eligibility requirements established under Section 104 of AGOA and Section 502 of the Trade Act.
Therefore, the President decides to officially reinstate Gabon's designation as a beneficiary sub-Saharan African country under Section 506A(a)(1) of the Trade Act.
- Section 5020(a)(1)(A)(i) of the Consolidated Appropriations Act, 2026, amended section 213A(b)(1)(B)(v)(I) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(1)(B)(v)(I)) (the “CBERA”) to change applicable percentage limits of the Haiti Economic Lift Program. Section 5020(a)(1)(A)(ii) of the Consolidated Appropriations Act, 2026, amended section 213A(b)(1)(C) of the CBERA (19 U.S.C. 2703a(b)(1)(C)) to extend preferential treatment during each period after the initial applicable 1-year period to not more than 1.25 percent of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period for which data are available. Section 5020(a)(2) of the Consolidated Appropriations Act, 2026, amended section 213A(h) of the CBERA (19 U.S.C. 2703a(h)) to extend duty-free treatment provided to Haiti through December 31, 2026.
This paragraph addresses extensions related to the Caribbean Basin Economic Recovery Act (CBERA), specifically concerning Haiti.
The Consolidated Appropriations Act, 2026, changed some percentage limits within the Haiti Economic Lift Program.
It also extended the preferential treatment period related to apparel imports, limiting it to 1.25 percent of total U.S. apparel imports.
Most importantly, the existing duty-free treatment provided to Haiti under CBERA is extended through December 31, 2026.
7. Section 604 of the Trade Act (19 U.S.C. 2483), as amended, authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.
This grants the President the authority, derived from Section 604 of the Trade Act, to officially incorporate the effects of statutes concerning import treatment—including modifying, removing, or imposing duties or restrictions—directly into the official Harmonized Tariff Schedule of the United States (HTSUS).
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including sections 506A(a)(1) and 506B of the Trade Act, sections 112(b)(3)(A), (c)(1), and (g) of the AGOA, sections 213A(b)(1) and (h) of the CBERA, and section 604 of the Trade Act, do hereby further proclaim as follows:
The President invokes constitutional and statutory authority, citing specific sections of the Trade Act, AGOA, CBERA, and Section 604 of the Trade Act, to issue the following proclamations and orders.
(1) To provide that duty-free treatment provided under the AGOA shall be effective through December 31, 2026, general note 16(c) of the HTSUS is modified as set forth in Annex I to this proclamation.
This order modifies General Note 16(c) of the HTSUS, as detailed in Annex I, to ensure that the duty-free benefits provided under AGOA remain in effect until the end of 2026.
(2) To provide that the AGOA regional apparel article program and third-country fabric program are effective through December 31, 2026, U.S. Note 2(b), subchapter XIX, chapter 98 of the HTSUS is modified as set forth in Annex I to this proclamation.
The directive updates U.S. Note 2(b) in the HTSUS, according to Annex I, to confirm that the AGOA's regional apparel article and third-country fabric programs are extended through December 31, 2026.
(3) In Proclamation 8157 of June 28, 2007 (To Modify Duty-Free Treatment Under the Generalized System of Preferences, Take Certain Actions Under the African Growth and Opportunity Act, and for Other Purposes), the President modified U.S. Note 2(b), subchapter XIX to chapter 98 of the HTSUS by inserting “through October 1, 2011,”. Public Law 112–163 amended the AGOA to extend the third-country fabric program to September 30, 2015, but the President did not make a conforming change by modifying “through October 1, 2011,” in the HTSUS. The Trade Preferences Extension Act of 2015 (Public Law 114-27) extended the AGOA program to “September 30, 2025,” but Proclamation 9466 of June 30, 2016 (To Implement the World Trade Organization Declaration on the Expansion of Trade in Information Technology Products and for Other Purposes), did not make a conforming change by modifying “through October 1, 2011,” in the HTSUS. To make this technical correction, U.S. Note 2(b), subchapter XIX to chapter 98 of the HTSUS is modified as set forth in Annex II to this proclamation.
This subsection addresses historical inconsistencies in the HTSUS related to the third-country fabric program deadline. Previous proclamations set an outdated expiration date of October 1, 2011, and subsequent Public Laws extending the program (to 2015 and 2025) were not formally reflected in the HTSUS note.
The President now directs a technical correction, detailed in Annex II, to update U.S. Note 2(b) accordingly.
(4) To reflect the designation of Gabon as a beneficiary sub-Saharan African country for purposes of the AGOA and section 506A of the Trade Act, effective January 1, 2026, general note 16(a) of the HTSUS is modified as set forth in Annex I to this proclamation.
This order modifies General Note 16(a) of the HTSUS, as shown in Annex I, to officially recognize Gabon as a beneficiary sub-Saharan African country under AGOA and Section 506A of the Trade Act.
This reinstatement is effective starting January 1, 2026.
(5) To provide that the tariff treatment and applicable percentage limits to Haiti intended under section 213A of the CBERA are effective through December 31, 2026, subdivisions (f)(i) and (g)(i) of U.S. Note 6 to subchapter XX, chapter 98 of the HTSUS are modified as set forth in Annex III to this proclamation.
This item modifies subdivisions (f)(i) and (g)(i) of U.S. Note 6 to Chapter 98 of the HTSUS, as outlined in Annex III. This addresses the extension of the specific tariff treatments and quota percentages applicable to Haiti under CBERA, ensuring they remain active through December 31, 2026.
(6) Each executive department and agency (agency) is authorized to and shall take all appropriate measures within its authority to implement this proclamation. The head of each agency may, consistent with applicable law, including section 301 of title 3, United States Code, redelegate any of these functions within their respective agency.
All executive departments and agencies receive authorization and direction to take necessary actions to carry out the directives contained within this proclamation.
Agency heads are also permitted, provided they follow relevant law, to delegate these assigned responsibilities to subordinate officials within their organization.
(7) The United States Trade Representative, in consultation with U.S. Customs and Border Protection and the United States International Trade Commission, shall determine whether any additional modifications to the HTSUS are necessary to effectuate this proclamation and shall make such modifications to the HTSUS through notice in the Federal Register, including any technical correction to the Annexes to this proclamation.
The U.S. Trade Representative must collaborate with U.S. Customs and Border Protection and the U.S. International Trade Commission to evaluate if further changes to the HTSUS are needed because of this proclamation.
Any required modifications, including technical fixes for the Annexes, must be officially published in the Federal Register.
(8) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. If any provision of this proclamation or the application of any provision to any individual or circumstance is held to be invalid, the remainder of this proclamation and the application of its provisions to any other individuals or circumstances shall not be affected.
This standard clause states that any previous Presidential actions conflicting with the terms of this document are voided to the extent of the contradiction.
It also includes a severability clause, meaning if any part of the proclamation is legally struck down, the remaining parts will stay in effect for all others unaffected by the invalidation.
These are hyperlinked references pointing to the detailed legal and technical schedules that accompany the proclamation.
Annex I contains the HTSUS modifications for AGOA extensions and Gabon's reinstatement.
Annex II details the technical correction to the outdated third-country fabric program expiration date.
Annex III specifies the HTSUS changes for Haiti's CBERA benefits.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of May, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fiftieth.
DONALD J. TRUMP
This is the concluding ceremonial statement, signed by President Donald J. Trump on May 19, 2026, which marks the official date of the proclamation, corresponding to the 250th year of U.S. Independence.
Related
Nominations and Withdrawal Sent to the Senate
The President transmitted multiple nominations for various government roles to the Senate and formally withdrew one previous nomination.
Read MoreVictory Day for World War II, 2026
* The President proclaimed May 8, 2026, as Victory Day for World War II to honor the sacrifice made in defeating Nazi Germany.
Read MoreJewish American Heritage Month, 2026
* The President proclaimed May 2026 as Jewish American Heritage Month, called upon Americans to celebrate Jewish American contributions, and encouraged observance of a national Sabbath.
Read MoreImposing Sanctions on Those Responsible for Repression in Cuba and for Threats to United States National Security and Foreign Policy
* The President imposed sanctions and travel restrictions against individuals and entities contributing to the Cuban government's repressive policies and actions that threaten U.S. national security and foreign policy, leveraging economic and emergency powers.
Read More