[House Document 119-24]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session--------------------HOUSE DOCUMENT 119-24
======================================================================
EXPANSION OF THE NATIONAL EMERGENCY AT THE NORTHERN
AND SOUTHERN BORDER
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF CERTAIN ACTIONS TAKEN TO ADDRESS THE SYNTHETIC OPIOID
SUPPLY CHAIN IN THE PEOPLE'S REPUBLIC OF CHINA AND THE FLOW OF ILLICIT
DRUGS ACROSS OUR NORTHERN AND SOUTHERN BORDERS, PURSUANT TO 50 U.S.C.
1703(b); PUBLIC LAW 95-223, SEC. 204(b); (91 STAT. 1627) AND 50 U.S.C.
1641(b); PUBLIC LAW 94-412, SEC. 401(b); (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 6, 2025.--Message and accompanying papers referred to the
Committees on Foreign Affairs and Ways and Means, and ordered to be
printed
To the Congress of the United States:
Consistent with applicable law, including the National
Emergencies Act (50 U.S.C. 1621) and the International
Emergency Economic Powers Act (50 U.S.C. 1701), I am providing
notice of certain actions I have taken to address the synthetic
opioid supply chain in the People's Republic of China and the
flow of illicit drugs across our northern and southern borders.
As reflected in the Executive Orders described below, the
sustained influx of illicit opioids and other drugs has
profound consequences on our Nation, endangering lives and
putting a severe strain on our healthcare system, public
services, and communities. These actions are an expansion of
the national emergency I declared in Proclamation 10886 of
January 20, 2025 (Declaring a National Emergency at the
Southern Border of the United States).
Executive Order 14193, as amended by Executive Orders 14197
and 14226, and Executive Order 14194, as amended by Executive
Orders 14198 and 14227, expand the scope of the aforementioned
national emergency to ``cover the threat to the safety and
security of Americans, including the public health crisis of
deaths due to the use of fentanyl and other illicit drugs'' and
the failure of Canada and Mexico to arrest, seize, detain, or
otherwise intercept drug trafficking organizations, other drug
and human traffickers, criminals at large, and illicit drugs.
Furthermore, Executive Order 14195, as amended by Executive
Orders 14200 and 14228, expands the scope of the same national
emergency declared in Proclamation 10886 to cover the failure
of the People's Republic of China to arrest, seize, detain, or
otherwise intercept chemical precursor suppliers, money
launderers, transnational criminal organizations, criminals at
large, and drugs. To combat these problems, I have determined
that ad valorem tariffs on articles that are products of these
countries are in order.
My Administration will continue to consult with the
Congress on our efforts to address the influx of illegal drugs
into our communities. As described in these Executive Orders,
the Secretary of Homeland Security, in coordination with the
Secretary of the Treasury, the Attorney General, the Secretary
of Commerce, the Assistant to the President for National
Security Affairs, and the Assistant to the President for
Homeland Security, are authorized to submit recurring and final
reports to the Congress on this national emergency.
I am enclosing copies of the Executive Orders I have
issued.
Donald J. Trump.
The White House, March 5, 2025.
Executive Order
----------
Imposing Duties To Address the Flow of Illicit Drugs Across Our
Northern Border
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 604 of the Trade Act of
1974, as amended (19 U.S.C. 2483), and section 301 of title 3,
United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the sustained influx of illicit opioids and
other drugs has profound consequences on our Nation,
endangering lives and putting a severe, strain on our
healthcare system, public services, and communities.
This challenge threatens the fabric of our society. Gang
members, smugglers, human traffickers, and illicit drugs of all
kinds have poured across our borders and into our communities.
Canada has played a central role in these challenges, including
by failing to devote sufficient attention and resources or
meaningfully coordinate with United States law enforcement
partners to effectively stem the tide of illicit drugs.
Drug trafficking organizations (DTOs) are the world's
leading producers of fentanyl, methamphetamine, cocaine, and
other illicit drugs, and they cultivate, process, and
distribute massive quantities of narcotics that fuel addiction
and violence in communities across the United States. These
DTOs often collaborate with transnational cartels to smuggle
illicit drugs into the United States, utilizing clandestine
airstrips, maritime routes, and overland corridors.
The challenges at our southern border are foremost in the
public consciousness, but our northern border is not exempt
from these issues. Criminal networks are implicated in human
trafficking and smuggling operations, enabling unvetted illegal
migration across our northern border. There is also a growing
presence of Mexican cartels operating fentanyl and nitazene
synthesis labs in Canada. The flow of illicit drugs like
fentanyl to the United States through both illicit distribution
networks and international mail--due, in the case of the
latter, to the existing administrative exemption from duty and
taxes, also known as de minimis, under section 1321 of title
19, United States Code--has created a public health crisis in
the United States, as outlined in the Presidential Memorandum
of January 20, 2025 (America First Trade Policy) and Executive
Order 14157 of January 20, 2025 (Designating Cartels and Other
Organizations as Foreign Terrorist Organizations and Specially
Designated Global Terrorists). With respect to smuggling of
illicit drugs across our northern border, Canada's Financial
Transactions and Reports Analysis Centre recently published a
study on the laundering of proceeds of illicit synthetic
opioids, which recognized Canada's heightened domestic
production of fentanyl, largely from British Columbia, and its
growing footprint within international narcotics distribution.
Despite a North American dialogue on the public health impacts
of illicit drugs since 2016, Canadian officials have
acknowledged that the problem has only grown. And while U.S.
Customs and Border Protection (CBP) within the Department of
Homeland Security seized, comparatively, much less fentanyl
from Canada than from Mexico last year, fentanyl is so potent
that even a very small parcel of the drug can cause many deaths
and destruction to America families. In fact, the amount of
fentany1 that crossed the northern border last year could kill
9.5 million Americans.
Immediate action is required to finally end this public
health crisis and national emergency, which will not happen
unless the compliance and cooperation of Canada is assured.
I hereby determine and order:
Section 1. (a) As President of the United States, my
highest duty is the defense of the country and its citizens. A
Nation without borders is not a nation at all. I will not stand
by and allow our sovereignty to be eroded, our laws to be
trampled, our citizens to be endangered, or our borders to be
disrespected anymore.
I previously declared a national emergency with respect to
the grave threat to the United States posed by the influx of
illegal aliens and illicit drugs into the United States in
Proclamation 10886 of January 20, 2025 (Declaring a National
Emergency at the Southern Border). Pursuant to the NEA, I
hereby expand the scope of the national emergency declared in
that Proclamation to cover the threat to the safety and
security of Americans, including the public health crisis of
deaths due to the use of fentanyl and other illicit drugs, and
the failure of Canada to do more to arrest, seize, detain, or
otherwise intercept DTOs, other drug and human traffickers,
criminals at large, and drugs. In addition, this failure to act
on the part of Canada constitutes an unusual and extraordinary
threat, which has its source in substantial part outside the
United States, to the national security and foreign policy of
the United States. I hereby declare and reiterate a national
emergency under the NEA and IEEPA to deal with that threat.
This national emergency requires decisive and immediate action,
and I have decided to impose, consistent with law, ad valorem
tariffs on articles that are products of Canada set forth in
this order. In doing so, I invoke my authority under section
1702(a)(1)(B) of IEEPA, and specifically find that action under
other authority to impose tariffs is inadequate to address this
unusual and extraordinary threat.
Sec. 2. (a) All articles that are products of Canada as
defined by the Federal Register notice described in subsection
(e) of this section (Federal Register notice), and except for
those products described in subsection (b) of this section,
shall be, consistent with law, subject to an additional 25
percent ad valorem rate of duty. Such rate of duty shall apply
with respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after 12:01 a.m. eastern
time on February 4, 2025, except that goods entered for
consumption, or withdrawn from warehouse for consumption, after
such time that were loaded onto a vessel at the port of loading
or in transit on the final mode of transport prior to entry
into the United States before 12:01 a.m. eastern time on
February 1, 2025, shall not be subject to such additional duty,
only if the importer certifies to CBP as specified in the
Federal Register notice.
(b) With respect to energy or energy resources, as defined
in section 8 of Executive Order 14156 of January 20, 2025
(Declaring a National Energy Emergency), and as otherwise
included in the Federal Register notice, such articles that are
products of Canada as defined by the Federal Register notice
shall be, consistent with law, subject to an additional 10
percent ad valorem rate of duty. Such rate of duty shall apply
with respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after 12:01 a.m., eastern
time on February 4, 2025, except that goods entered for
consumption, or withdrawn from warehouse for consumption, after
such time that were loaded onto a vessel at the port of loading
or in transit on the final mode of transport prior to entry
into the United States before 12:01 a.m. eastern time on
February 1, 2025, shall not be subject to such additional duty,
only if the importer certifies to CBP as specified in the
Federal Register notice.
(c) The rates of duty established by this order are in
addition to any other duties, fees, exactions, or charges
applicable to such imported articles.
(d) Should Canada retaliate against the United States in
response to this action through import duties on United States
exports to Canada or similar measures, the President may
increase or expand in scope the duties imposed under this order
to ensure the efficacy of this action.
(e) in order to establish the duty rate on imports of
articles that are products of Canada, the Secretary of Homeland
Security shall determine the modifications necessary to the
Harmonized Tariff Schedule of the United States (HTSUS) in
order to effectuate this order consistent with law and shall
make such modifications to the HTSUS through notice in the
Federal Register. The modifications made to the HTSUS by this
notice shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for consumption, on or
after 12:01 a.m. eastern time on February 4, 2025, and shall
continue in effect until such actions are expressly reduced,
modified, or terminated.
(f) Articles that are products of Canada, except those that
are eligible for admission under ``domestic status'' as defined
in 19 CFR 146.43, which are subject to the duties imposed by
this order and are admitted into a United States foreign trade
zone on or after 12:01 a.m. eastern time on February 4, 2025,
except as otherwise noted in subsections (a) and (b) of this
section, must be admitted as ``privileged foreign status'' as
defined in 19 CFR 146.41. Such articles will be subject upon
entry for consumption to the rates of duty related to the
classification under the applicable HTSUS subheading in effect
at the time of admittance into the United States foreign trade
zone.
(g) No drawback shall be available with respect to the
duties imposed pursuant to this order.
(h) For avoidance of doubt, duty-free de minimis treatment
under 19 U.S.C. 1321 shall not be available for the articles
described in subsection (a) and subsection (b) of this section.
(i) Any prior Presidential Proclamation, Executive Order,
or other Presidential directive or guidance related to trade
with Canada that is inconsistent with the direction in this
order is hereby terminated, suspended, or modified to the
extent necessary to give full effect to this order.
(j) The articles described in subsection (a) and subsection
(b) of this section shall exclude those encompassed by 50
U.S.C. 1702(b).
Sec. 3. (a) The Secretary of Homeland Security shall
regularly consult with the Secretary of State, the Attorney
General, the Assistant to the President for National Security
Affairs, and the Assistant to the President for Homeland
Security on the situation at our northern border. The Secretary
of Homeland Security shall inform the President of any
circumstances that, in the opinion of the Secretary of Homeland
Security, indicate that the Government of Canada has taken
adequate steps to alleviate this public health crisis through
cooperative enforcement actions. Upon the President's
determination of sufficient action to alleviate the crisis, the
tariffs described in section 2 of this order shall be removed.
(b) The Secretary of Homeland Security, in coordination
with the Secretary of State, the Attorney General, the
Assistant to the President for National Security Affairs, and
the Assistant to the President for Homeland Security, shall
recommend additional action, if necessary, should the
Government of Canada fail to take adequate steps to alleviate
the illegal migration and illicit drug crises through
cooperative enforcement actions.
Sec. 4. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, the Attorney General, and
the Secretary of Commerce, is hereby authorized to take such
actions, including adopting rules and regulations, and to
employ all powers granted to the President by IEEPA as may be
necessary to implement this order. The Secretary of Homeland
Security may, consistent with applicable law, redelegate any of
these functions within the Department of Homeland Security. All
executive departments and agencies shall take all appropriate
measures within their authority to implement this order.
Sec. 5. The Secretary of Homeland Security, in coordination
with the Secretary of the Treasury, the Attorney General, the
Secretary of Commerce, the Assistant to the President for
National Security Affairs, and the Assistant to the President
for Homeland Security, is hereby authorized to submit recurring
and final reports to the Congress on the national emergency
under IEEPA declared in this order, consistent with section
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 6. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, February 1, 2025.
Executive Order
----------
Progress on the Situation at Our Northern Border
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as
amended (19 U.S.C. 2483), and section 301 of title 3, United
States Code, it is hereby ordered:
Section 1. Background. On February 1, 2025, I determined
that the failure of Canada to arrest, seize, detain, or
otherwise intercept drug trafficking organizations, other drug
and human traffickers, criminals at large, and illicit drugs
constitutes an unusual and extraordinary threat, which has its
source in substantial part outside the United States, to the
national security, foreign policy, and economy of the United
States. To address that threat, I invoked my authority under
section 1702(a)(1)(B) of IEEPA to impose ad valorem tariffs on
articles that are products of Canada.
Sec. 2. Immediate Steps. Pursuant to section 3 of my
Executive Order of February 1, 2025, titled ``Imposing Duties
to Address the Situation at Our Northern Border'' (``the
Executive Order of February 1, 2025''), I have determined that
the Government of Canada has taken immediate steps designed to
alleviate the illegal migration and illicit drug crisis through
cooperative actions. Further time is needed, however, to assess
whether these steps constitute sufficient action to alleviate
the crisis and resolve the unusual and extraordinary threat
beyond our northern border.
Sec. 3. Pause. (a) In recognition of the steps taken by the
Government of Canada, and in order to assess whether the threat
described in section 1 of this order has abated, the additional
25 percent ad valorem rates of duty, and 10 percent ad valorem
rates of duty as to energy products, shall be paused and will
not take effect until March 4, 2025, at 12:01 a.m. eastern
time. Accordingly, section 2(a), section 2(b), section 2(e),
and section 2(f) of the Executive Order of February 1, 2025,
are amended by striking the term ``February 4, 2025,'' where it
appears in those sections and inserting in lieu thereof the
term ``March 4, 2025.'' The exceptions set forth in section
2(a) and section 2(b) of the Executive Order of February 1,
2025, related to covered goods loaded onto a vessel at a port
of entry or in transit on the final mode of transport prior to
entry into the United States are, hereby, withdrawn.
(b) During this pause, the Secretary of Homeland Security,
in consultation with the Secretary of State, the Attorney
General, the Assistant to the President for National Security
Affairs, and the Assistant to the President for Homeland
Security shall continue to assess the situation at our northern
border, as provided in section 3 of the Executive Order of
February 1, 2025.
(c) If the illegal migration and illicit drug crises
worsen, and if the Government of Canada fails to take
sufficient steps to alleviate these crises, the President shall
take necessary steps to address the situation, including by
immediate implementation of the tariffs described in the
Executive Order of February 1, 2025.
Sec. 4. Severability. If any provision of this order, or
the application of any provision to any person or circumstance,
is held to be invalid, the remainder of this order and the
application of its provisions to any other persons or
circumstances shall not be affected thereby.
Sec. 5. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, February 3, 2025.
Executive Order
----------
Amendment to Duties To Address the Flow of Illicit Drugs Across Our
Northern Border
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
1601 et seq.), section 604 of the Trade Act of 1974, as amended
(19 U.S.C. 2483), and section 301 of title 3, United States
Code, I hereby determine and order:
Section 1. Amendment. Executive Order 14193 of February 1,
2025 (Imposing Duties to Address the Flow of Illicit Drugs
Across Our Northern Border), as amended by Executive Order
14197 of February 3, 2025 (Progress on the Situation at Our
Northern Border), is further amended by revising section 2(h)
to read as follows:
``(h) Duty-free de minimis treatment under 19 U.S.C. 1321
is available, for otherwise eligible covered articles described
in subsection (a) and subsection (b) of this section. Such duty
free de minimis treatment shall cease to be available for such
otherwise eligible covered articles upon notification by the
Secretary of Commerce to the President that adequate systems
are in place to fully and expeditiously process and collect
tariff revenue applicable pursuant to subsection (a) and
subsection (b) of this section for covered articles otherwise
eligible for de minimis treatment.''
Sec. 2. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, March 2, 2025.
Executive Order
----------
Imposing Duties To Address the Situation at our
Southern Border
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 604 of the Trade Act of
1974, as amended (19 U.S.C. 2483), and section 301 of title 3,
United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the sustained influx of illegal aliens and
illicit opioids and other drugs has profound consequences on
our Nation, endangering lives and putting a severe strain on
our healthcare system, public services, communities, and
schools.
Since the end of my first term, U.S. Customs and Border
Protection (CBP) within the Department of Homeland Security has
recorded more than three times as many inadmissible encounters
nationwide as during my first term.
These challenges threaten the fabric of our society. Gang
members, smugglers, human traffickers, and illicit drugs of all
kinds have poured across our borders and into our communities.
Mexico has played a central role in these challenges,
including by failing to devote sufficient attention and
resources to meaningfully stem the tide of unlawful migration
and illicit drugs.
Mexican drug trafficking organizations (DTOs) are the
world's leading traffickers of fentanyl, methamphetamine,
cocaine, and other illicit drugs, and they cultivate, process,
and distribute massive quantities of narcotics that fuel
addiction and violence in communities across the United States.
These DTOs collaborate and conspire with transnational
cartels and other global partners to smuggle drugs into the
United States, utilizing clandestine airstrips, maritime
routes, tunnels, and overland corridors, and both willing and
unwilling human couriers.
The Mexican DTOs have an intolerable alliance with the
government of Mexico. This alliance endangers the national
security of the United States, and we must eradicate the
influence of these dangerous cartels from the bilateral
environment. The government of Mexico has afforded safe havens
for the cartels to engage in the manufacturing and
transportation of illicit drugs, which collectively have led to
the overdose deaths of hundreds of thousands of American
victims.
Mexican cartels are also implicated in human trafficking
and smuggling operations, enabling the illegal migration of
millions across our borders. These operations are often tied to
organized crime, and they create pathways for cartel activities
to expand into the United States. Furthermore, violent
criminals originating from Central and South America easily
transit into and through Mexico, and into the United States,
where they cause irreparable harm to our citizens. These
dangerous criminals are involved in drug-related violence, gang
activity, and other crimes that endanger the safety of American
communities.
Immediate action is required to address the national
emergency I declared in Proclamation 10886 of January 20, 2025
(Declaring a National Emergency at the Southern Border of the
United States), and to finally end the public health crisis
caused by opioid use and addiction, which will not happen
unless the compliance and cooperation of the government of
Mexico is assured.
I hereby determine and order:
Section 1. (a) As President of the United States, my
highest duty is the defense of the country and its citizens. A
Nation without borders is not a Nation at all. I will not stand
by and allow our sovereignty to be eroded, our laws to be
trampled, our citizens to be endangered, or our borders to be
disrespected anymore.
I previously declared a national emergency with respect to
the grave threat to the United States posed by the influx of
illegal aliens and illicit drugs into the United States in
Proclamation 10886. Pursuant to the NEA, I hereby expand the
scope of the national emergency declared in that proclamation
to cover the failure of Mexico to arrest, seize, detain, or
otherwise intercept DTOs, other drug and human traffickers,
criminals at large, and illicit drugs. In addition, this
failure to act on the part of the government of Mexico
constitutes an unusual and extraordinary threat, which has its
source in substantial part outside the United States, to the
national security, foreign policy, and economy of the United
States. I hereby declare and reiterate a national emergency
under the NEA and IEEPA to deal with that threat. This national
emergency requires decisive and immediate action, and I have
decided to impose, consistent with law, ad valorem tariffs on
articles that are products of Mexico as set forth in this
order. In doing so, I invoke my authority under section
1702(a)(1)(B) of IEEPA, and specifically find that action under
other authority to impose tariffs is inadequate to address this
unusual and extraordinary threat.
Sec. 2. (a) All articles that are products of Mexico, as
defined by the Federal Register notice described in section
2(d) of this order (the Federal Register notice), shall be,
consistent with law, subject to an additional 25 percent ad
valorem rate of duty. Such rate of duty shall apply with
respect to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern time
on February 4, 2025, except that goods entered for consumption,
or withdrawn from warehouse for consumption, after such time
that were loaded onto a vessel at the port of loading or in
transit on the final mode of transport prior to entry into the
United States before 12:01 a.m. eastern time on February 1,
2025, shall not be subject to such additional duty, only if the
importer certifies to CBP as specified in the Federal Register
notice.
(b) The rates of duty established by this order are in
addition to any other duties, fees, exactions, or charges
applicable to such imported articles.
(c) Should the government of Mexico retaliate against the
United States in response to this action through import duties
on United States exports to Mexico or similar measures, the
President may increase or expand in scope the duties imposed
under this Executive Order to ensure the efficacy of this
action.
(d) In order to establish the duty rate on imports of
articles that are products of Mexico, the Secretary of Homeland
Security shall determine the modifications necessary to the
Harmonized Tariff Schedule of the United States (HTSUS) in
order to effectuate this order consistent with law and--shall
make such modifications to the HTSUS through notice in the
Federal Register. The modifications made to the HTSUS by this
notice shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for consumption on or
after 12:01 a.m. eastern time on February 4, 2025, except as
otherwise noted in subsection 2(a) of this section, and shall
continue in effect until such actions are expressly reduced,
modified, or terminated.
(e) Articles that are products of Mexico, except those that
are eligible for admission under ``domestic status'' as defined
in 19 CFR 146.43, which are subject to the duties imposed by
this order and are admitted into a United States foreign trade
zone on or after 12:01 a.m. eastern time on February 4, 2025,
except as otherwise noted in subsection 2(a) of this section,
must be admitted as ``privileged foreign status'' as defined in
19 CFR 146.41. Such articles will be subject upon entry for
consumption to the rates of duty related to the classification
under the applicable HTSUS subheading in effect at the time of
admittance into the United States foreign trade zone.
(f) No drawback shall be available with respect to the
duties imposed pursuant to this order.
(g) For avoidance of doubt, duty-free de minimis treatment
under 19 U.S.C. 1321 shall not be available for the articles
described in subsection (a) of this section.
(h) Any prior Presidential Proclamation, Executive Order,
or other presidential directive or guidance related to trade
with Mexico that is inconsistent with the direction in this
order is hereby terminated, suspended, or modified to the
extent necessary to give full effect to this order.
(i) The articles described in subsection (a) of this
section shall exclude those encompassed by 50 U.S.C. 1702(b).
Sec. 3. (a) The Secretary of Homeland Security shall
regularly consult with the Secretary of State, the Attorney
General, the Assistant to the President for National Security
Affairs, and the Assistant to the President for Homeland
Security on the situation at our southern border. The Secretary
of Homeland Security shall inform the President of any
circumstances that, in the opinion of the Secretary of Homeland
Security, indicate that the government of Mexico has taken
adequate steps to alleviate the illegal migration and illicit
drug crisis through cooperative actions. Upon the President's
determination of sufficient action to alleviate the crisis, the
tariffs described in section 2 of this order will be removed.
(b) The Secretary of Homeland Security, in coordination
with the Secretary of State, the Attorney General, the
Assistant to the President for National Security Affairs, and
the Assistant to the President for Homeland Security shall
recommend additional action, if necessary, should the
government of Mexico fail to take adequate steps to alleviate
the illegal migration and illicit drug crises through
cooperative enforcement actions.
Sec. 4. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, the Attorney General, and
the Secretary of Commerce, is hereby authorized td take such
actions, including adopting rules and regulations, and to
employ all powers granted to me by IEEPA as may be necessary to
implement this order. The Secretary of Homeland Security may,
consistent with applicable law, redelegate any of these
functions within the Department of Homeland Security. All
agencies shall take all appropriate measures within their
authority to implement this order.
Sec. 5. The Secretary of Homeland Security, in coordination
with the Secretary of the Treasury, the Attorney General, the
Secretary of Commerce, the Assistant to the President for
National Security Affairs, and the Assistant to the President
for Homeland Security, is hereby authorized to submit recurring
and final reports to the Congress on the national emergency
under IEEPA declared in this order, consistent with section
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 6. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, February 1, 2025.
Executive Order
----------
Progress on the Situation at Our Southern Border
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as
amended (19 U.S.C. 2483), and section 301 of title 3, United
States Code, it is hereby ordered:
Section 1. Background. On February 1, 2025, I determined
that the failure of Mexico to arrest, seize, detain, or
otherwise intercept Mexican drug trafficking organizations,
other drug and human traffickers, criminals at large, and
illicit drugs constitutes an unusual and extraordinary threat,
which has its source in substantial part outside the United
States, to the national security, foreign policy, and economy
of the United States. To address that threat, I invoked my
authority under section 1702(a)(1)(B) of IEEPA to impose ad
valorem tariffs on articles that are products of Mexico.
Sec. 2. Immediate Steps. Pursuant to section 3 of my
Executive Order of February 1, 2025, titled ``Imposing Duties
to Address the Situation at Our Southern Border'' (``the
Executive Order of February 1, 2025''), I have determined that
the Government of Mexico has taken immediate steps designed to
alleviate the illegal migration and illicit drug crisis through
cooperative actions. Further time is needed, however, to assess
whether these steps constitute sufficient action to alleviate
the crisis and resolve the unusual and extraordinary threat
beyond our southern border.
Sec. 3. Pause. (a) In recognition of the steps taken by the
Government of Mexico, and in order to assess whether the threat
described in section 1 of this order has abated, the additional
25 percent ad valorem rate of duty shall be paused and will not
take effect until March 4, 2025, at 12:01 a.m. eastern time.
Accordingly, sections 2(a), section 2(d), and section 2(e) of
the Executive Order of February 1, 2025, are amended by
striking the term ``February 4, 2025,'' where it appears in
those sections and inserting in lieu thereof the term ``March
4, 2025.'' The exceptions set forth in section 2 (a) of the
Executive Order of February 1, 2025, related to covered goods
loaded onto a vessel at a port of entry or in transit on the
final mode of transport prior to entry into the United States
are, hereby, withdrawn.
(b) During this pause, the Secretary of Homeland Security,
in consultation with the Secretary of State, the Attorney
General, the Assistant to the President for National Security
Affairs, and the Assistant to the President for Homeland
Security, shall continue to assess the situation at our
southern border, as provided in section 3 of the Executive
Order of February 1, 2025.
(c) If the illegal migration and illicit drug crises
worsen, and if the Government of Mexico fails to take
sufficient steps to alleviate these crises, the President shall
take necessary steps to address the situation, including by
immediate implementation of the tariffs described in the
Executive Order of February 1, 2025.
Sec. 4. Severability. If any provision of this order, or
the application of any provision to any person or circumstance,
is held to be invalid, the remainder of this order and the
application of its provisions to any other persons or
circumstances shall not be affected thereby.
Sec. 5. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, February 3, 2025.
Executive Order
----------
Amendment To Duties To Address the Situation at Our Southern Border
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
160-1 et seq.), section 604 of the Trade Act of 1974, as
amended (19 U.S.C. 2483), and section 301 of title 3, United
States Code, I hereby determine and order:
Section 1. Amendment. Executive Order 14194 of February 1,
2025 (Imposing Duties to Address the Situation at Our Southern
Border), as amended by Executive Order 14198 of February 3,
2025 (Progress on the Situation at Our Southern Border), is
further amended by revising section 2(g) to read as follows:
``(g) Duty-free de minimis treatment under 19 U.S.C. 1321
is available for otherwise eligible covered articles described
in subsection (a) of this section. Such duty-free de minimis
treatment shall cease to be available for such otherwise
eligible covered articles upon notification by the Secretary of
Commerce to the President that adequate systems are in place to
fully and expeditiously process and collect tariff revenue
applicable pursuant to subsection (a) of this section for
covered articles otherwise eligible for de minimis treatment.''
Sec. 2. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, March 2, 2025.
Executive Order
----------
Imposing Duties To Address the Synthetic Opioid Supply Chain in the
People's Republic of China
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 604 of the Trade Act of
1974, as amended (19 U.S.C. 2483), and section 301 of title 3,
United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the sustained influx of synthetic opioids
has profound consequences on our Nation, including by killing
approximately two hundred Americans per day, putting a severe
strain on our healthcare system, ravaging our communities, and
destroying our families. Synthetic opioid overdose is the
leading cause of death for people aged 18 to 45 in the United
States.
During my first term, I took steps to end the direct flow
of fentanyl and other synthetic opioids from the People's
Republic of China (PRC) to the United States. Since then, the
Chinese Communist Party (CCP), which exerts ultimate control
over the government and enterprises of the PRC, has subsidized
and otherwise incentivized PRC chemical companies to export
fentanyl and related precursor chemicals that are used to
produce synthetic opioids sold illicitly in the United States.
Furthermore, the PRC provides support to and safe haven for
PRC-origin transnational criminal organizations (TCOs) that
launder the revenues from the production, shipment, and sale of
illicit synthetic opioids. These PRC-origin TCOs coordinate and
communicate using PRC social media software applications in the
conduct of their business.
Many PRC-based chemical companies also go to great lengths
to evade law enforcement and hide illicit substances in the
flow of legitimate commerce. Some of the techniques employed by
these PRC-based companies to conceal the true contents of the
parcels and the identity of the distributors include the use of
re-shippers in the United States, false invoices, fraudulent
postage, and deceptive packaging. While more than 500,000
pounds of drugs have been seized at the southern border each of
the last 3 fiscal years, in addition, more than 42,000 pounds
of drugs have been seized at the northern border each year on
average over the last 3 years. Illicit drugs kill tens of
thousands of Americans each year, including 75,000 deaths per
year attributed to fentanyl alone.
The influx of these drugs to our Nation threatens the
fabric of our society. The PRC plays a central role in this
challenge, not merely by failing to stem the ultimate source of
many illicit drugs distributed in the United States, but by
actively sustaining and expanding the business of poisoning our
citizens.
The flow of contraband drugs like fentanyl to the United
States through illicit distribution networks has created a
national emergency, including a public health crisis in the
United States, as outlined in the Presidential Memorandum of
January 20, 2025 (America First Trade Policy), Proclamation
10886 of January 20, 2025 (Declaring a National Emergency at
the Southern Border of the United States), and Executive Order
14157 of January 20, 2025 (Designating Cartels and Other
Organizations as Foreign Terrorist Organizations and Specially
Designated Global Terrorists).
Despite multiple attempts to resolve this crisis at its
root source through bilateral dialogue, PRC officials have
failed to follow through with the decisive actions needed to
stem the flow of precursor chemicals to known criminal cartels
and shut down the money laundering TCOs. The PRC implements the
most sophisticated domestic surveillance network coupled with
the most comprehensive domestic law enforcement apparatus in
the world. The PRC also routinely exerts extraterritorial reach
across the globe to threaten, harass, and suppress what it
views as political dissent. As such, the CCP does not lack the
capacity to severely blunt the global illicit opioid epidemic;
it simply is unwilling to do so.
Immediate action is required to address the national
emergency I declared and to finally end this emergency,
including the public health crisis caused by opioid use and
addiction, which will not happen until the full compliance and
cooperation of the PRC government is assured.
I hereby determine and order:
Section 1. (a) As President of the United States, my
highest duty is the defense of the country and its citizens. I
will not stand by and allow our citizens to be poisoned, our
laws to be trampled, our communities to be ravaged, or our
families to be destroyed.
I previously declared a national emergency with respect to
the grave threat to the United States posed by the influx of
illegal aliens and drugs into the United States in Proclamation
10886. Pursuant to the NEA, I hereby expand the scope of the
national emergency declared in that proclamation to cover the
failure of the PRC government to arrest, seize, detain, or
otherwise intercept chemical precursor suppliers, money
launderers, other TCOs, criminals at large, and drugs. In
addition, this failure to act constitutes an unusual and
extraordinary threat, which has its source in substantial part
outside the United States, to the national security, foreign
policy, and economy of the United States. I hereby declare and
reiterate a national emergency under the NEA and IEEPA to deal
with that threat. This national emergency requires decisive and
immediate action, and I have decided to impose, consistent with
law, ad valorem tariffs on articles that are products of the
PRC as set forth in this order. In doing so, I invoke my
authority under section 1702(a)(1)(B) of IEEPA, and
specifically find that action under other authority to impose
tariffs is inadequate to address this unusual and extraordinary
threat.
Sec. 2. (a) All articles that are products of the PRC, as
defined by the Federal Register notice described in section
2(d) of this order (the Federal Register notice), shall be,
consistent with law, subject to an additional 10 percent ad
valorem rate of duty. Such rate of duty shall apply with
respect to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern time
on February 4, 2025, except that goods entered for consumption,
or withdrawn from warehouse for consumption, after such time
that were loaded onto a vessel at the port of loading or in
transit on the final mode of transport prior to entry into the
United States before 12:01 a.m. eastern time on February 1,
2025, shall not be subject to such additional duty, only if the
importer certifies to U.S. Customs and Border Protection within
the Department of Homeland Security as specified in the Federal
Register notice.
(b) The rates of duty established by this order are in
addition to any other duties, fees, exactions, or charges
applicable to such imported articles.
(c) Should the PRC retaliate against the United States in
response to this action through import duties on United States
exports to the PRC or similar measures, the President may
increase or expand in scope the duties imposed under this
Executive Order to ensure the efficacy of this action.
(d) In order to establish the duty rate on imports of
articles that are products of the PRC, the Secretary of
Homeland Security shall determine the modifications necessary
to the Harmonized Tariff Schedule of the United States (HTSUS)
in order to effectuate the objectives of this order consistent
with law and shall make such modifications to the HTSUS through
notice in the Federal Register. The modifications made to the
HTSUS by this notice shall be effective with respect to goods
entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern time on February 4,
2025, except as otherwise noted in subsection 2(a) of this
section, and shall continue in effect until such actions are
expressly reduced, modified, or terminated.
(e) Articles that are products of the PRC, except those
that are eligible for admission under ``domestic status'' as
defined in 19 CFR 146.43, which are subject to the duties
imposed by this order and are admitted into a United States
foreign trade zone on or after 12:01 a.m. eastern time on
February 4, 2025, except as otherwise noted in subsection 2(a)
of this section, must be admitted as ``privileged foreign
status'' as defined in 19 CFR 146.41. Such articles will be
subject upon entry for consumption to the rates of duty related
to the classification under the applicable HTSUS subheading in
effect at the time of admittance into the United States foreign
trade zone.
(f) No drawback shall be available with respect to the
duties imposed pursuant to this order.
(g) For avoidance of doubt, duty-free de minimis treatment
under 19 U.S.C. 1321 shall not be available for the articles
described in subsection (a) of this section.
(h) Any prior Presidential Proclamation, Executive Order,
or other presidential directive or guidance related to trade
with the PRC that is inconsistent with the direction in this
order is hereby terminated, suspended, or modified to the
extent necessary to give full effect to this order.
(i) The articles described in subsection (a) of this
section shall exclude those encompassed by 50 U.S.C. 1702(b).
Sec. 3. (a) The Secretary of Homeland Security shall
regularly consult with the Secretary of State, the Attorney
General, the Assistant to the President for National Security
Affairs, the Attorney General, and the Assistant to the
President for Homeland Security on the situation regarding the
PRC. The Secretary of Homeland Security shall inform the
President of any circumstances that, in the opinion of the
Secretary of Homeland Security, indicate that the PRC
government has taken adequate steps to alleviate the opioid
crisis through cooperative actions. Upon the President's
determination of sufficient action to alleviate the crisis, the
tariffs described in section 2 of this order will be removed.
(b) The Secretary of Homeland Security, in coordination
with the Secretary of State, the Attorney General, the
Assistant to the President for National Security Affairs, and
the Assistant to the President for Homeland Security, shall
recommend additional action, if necessary, should the PRC fail
to take adequate steps to alleviate the illicit drug crisis
through cooperative enforcement actions.
Sec. 4. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, the Attorney General, and
the Secretary of Commerce, is hereby authorized to take such
actions, including adopting rules and regulations, and to
employ all powers granted to the President by IEEPA as may be
necessary to implement this order. The Secretary of Homeland
Security may, consistent with applicable law, redelegate any of
these functions within the Department of Homeland Security. All
executive departments and agencies shall take all appropriate
measures within their authority to implement this order.
Sec. 5. The Secretary of Homeland Security, in coordination
with the Secretary of the Treasury, the Secretary of Commerce,
the Assistant to the President for National Security Affairs,
the Attorney General, and the Assistant to the President for
Homeland Security, is hereby authorized to submit recurring and
final reports to the Congress on the national emergency under
IEEPA declared in this order, consistent with section 401(c) of
the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50
U.S.C. 1703(c)).
Sec. 6. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, February 1, 2025.
Executive Order
----------
Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the
People's Republic of China
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
1601 et seq.), section 604 of the Trade Act of 1974, as amended
(19 U.S.C. 2483), and section 301 of title 3, United States
Code, I hereby determine and order:
Section 1. Amendment. Regarding the Executive Order of
February 1, 2025 (Imposing Duties to Address the Synthetic
Opioid Supply Chain in the People's Republic of China), the
following shall replace subsection (g) of section 2:
``(g) Duty-free de minimis treatment under 19 U.S.C. 1321
is available for otherwise eligible covered articles described
in subsection (a) of this section, but shall cease to be
available for such articles upon notification by the Secretary
of Commerce to the President that adequate systems are in place
to fully and expediently process and collect tariff revenue
applicable pursuant to subsection (a) of this section for
covered articles otherwise eligible for de minimis treatment.''
Sec. 2. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, February 5, 2025.
Executive Order
----------
Further Amendment to Duties Addressing the Synthetic Opioid Supply
Chain in the People's Republic of China
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as
amended (19 U.S.C. 2483), and section 301 of title 3, United
States Code, I hereby determine and order:
Section 1. Background. With Executive Order 14195 of
February 1, 2025 (Imposing Duties to Address the Synthetic
Opioid Supply Chain in the People's Republic of China), I
determined that the failure of the Government of the People's
Republic of China (PRC) to act to blunt the sustained influx of
synthetic opioids, including fentanyl, flowing from the PRC to
the United States constituted an unusual and extraordinary
threat, which has its source in substantial part outside the
United States, to the national security, foreign policy, and
economy of the United States. To address that threat, I invoked
my authority under section 1702(a)(1)(B) of IEEPA to impose ad
valorem tariffs on articles that are products of the PRC, as
defined by the Federal Register notice described in section
2(d) of Executive Order 14195, as amended by Executive Order
14200 of February 5, 2025 (Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in the People's Republic of
China).
Pursuant to section 3 of Executive Order 14195, I have
determined that the PRC has not taken adequate steps to
alleviate the illicit drug crisis through cooperative
enforcement actions, and that the crisis described in Executive
Order 14195 has not abated.
Sec. 2. Amendment. In recognition of the fact that the PRC
has not taken adequate steps to alleviate the illicit drug
crisis, section 2(a) of Executive Order 14195 is hereby amended
by striking the words ``10 percent'' and inserting in lieu
thereof the words ``20 percent''.
Sec. 3. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, March 3, 2025.
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