[House Document 119-83]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session--------------------HOUSE DOCUMENT 119-83
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ADDRESSING THREATS TO THE UNITED STATES BY THE GOVERNMENT OF
BRAZIL
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
AN EXECUTIVE ORDER ADDRESSING THREATS TO THE UNITED STATES BY THE
GOVERNMENT OF BRAZIL, 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)
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August 8, 2025.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, August 7, 2025.
Hon. Mike Johnson,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with applicable law, including
the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA) and
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) (IEEPA), I am providing notice that I have declared a
national emergency with respect to recent policies, practices,
and actions of the Government of Brazil and that I have taken
action that I deem necessary and appropriate to deal with this
emergency. I find that recent policies, practices, and actions
of the Government of Brazil constitute an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States and that this threat has its
source in whole or substantial part outside the United States.
The Executive Order of July 30, 2025, titled ``Addressing
Threats to the United States by the Government of Brazil''
(Executive Order), declares a national emergency arising from
various actions taken by members of the Government of Brazil
that interfere with the economy of the United States, conflict
with the policy of the United States to promote free speech and
free and fair elections, and violate fundamental human rights.
Certain Brazilian officials have issued orders to compel United
States online platforms to, among other things, censor the
accounts or content of United States persons within the United
States, where such accounts or content are protected by the
First Amendment to the United States Constitution within the
United States; block the ability of United States persons to
raise money on their platforms; change their content moderation
policies, enforcement practices, or algorithms in ways that may
result in the censorship of the content and accounts of United
States persons; and provide the user data of accounts belonging
to United States persons, thus facilitating the targeting of
political critics in the United States.
Members of the Government of Brazil are also politically
persecuting former President of Brazil Jair Bolsonaro. That
political persecution threatens the orderly development of
Brazil's political, administrative, and economic institutions,
and undermines the ability of Brazil to hold a free and fair
election of the presidency in 2026, which contributes to the
deliberate breakdown in the rule of law in Brazil, to
politically motivated violence and intimidation in that
country, and to human rights abuses. The policies, practices,
and actions of the Government of Brazil are repugnant to the
moral and political values of democratic and free societies and
conflict with the policy of the United States to promote
democratic governments throughout the world, the principle of
free expression and free and fair elections, the rule of law,
and respect for human rights.
To deal with this national emergency, I have determined
that it is necessary and appropriate to impose an additional ad
valorem duty rate of 40 percent on imports of certain goods
from Brazil. I am taking the action in the Executive Order only
for the purpose of addressing the national emergency declared
in the Executive Order and not for any other purpose.
My Administration will continue to consult with the
Congress on our efforts to deal with the unusual and
extraordinary threat described in this report and the Executive
Order. As described in the Executive Order, the Secretary of
State, in consultation with various senior officials, is
authorized to submit recurring and final reports to the
Congress on this national emergency.
I am enclosing a copy of the Executive Order that I have
issued. The Executive Order further explains the circumstances
that necessitate the exercise of authority under IEEPA and the
NEA; why I found that those circumstances constitute an unusual
and extraordinary threat, which has its source in whole or
substantial part outside the United States, to the national
security, foreign policy, and economy of the United States; the
authorities exercised and the actions to be taken to deal with
those circumstances; why I determined that such actions are
necessary to deal with those circumstances; and the foreign
country with respect to which such actions are to be taken and
why such actions are to be taken with respect to that country.
Sincerely,
Donald J. Trump.
Executive Order
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Addressing Threats to the United States by the
Government of Brazil
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 hereby order:
Section 1. National Emergency. As President of the United
States, my highest duty is protecting the national security,
foreign policy, and economy of this country. Recent policies,
practices, and actions of the Government of Brazil threaten the
national security, foreign policy, and economy of the United
States. Members of the Government of Brazil have taken actions
that interfere with the economy of the United States, infringe
the free expression rights of United States persons, violate
human rights, and undermine the interest the United States has
in protecting its citizens and companies. Members of the
Government of Brazil are also politically persecuting a former
President of Brazil, which is contributing to the deliberate
breakdown in the rule of law in Brazil, to politically
motivated intimidation in that country, and to human rights
abuses.
Recently, members of the Government of Brazil have taken
unprecedented actions that harm and are a threat to the economy
of the United States, conflict with and threaten the policy of
the United States to promote free speech and free and fair
elections at home and abroad, and violate fundamental human
rights. Indeed, certain Brazilian officials have issued orders
to compel United States online platforms to censor the accounts
or content of United States persons, where such accounts or
content are protected by the First Amendment to the United
States Constitution within the United States; block the ability
of United States persons to raise money on their platforms;
change their content moderation policies, enforcement
practices, or algorithms in ways that may result in the
censorship of the content and accounts of United States
persons; and provide the user data of accounts belonging to
United States persons, facilitating the targeting of political
critics in the United States.
For example, Brazilian Supreme Court Justice Alexandre de
Moraes has abused his judicial authority to target political
opponents, shield corrupt allies, and suppress dissent, often
in coordination with other Brazilian officials. Justice de
Moraes has authorized politically motivated police raids,
arrests, and bank account freezes. He has also authorized the
confiscation of passports, jailed individuals without trial for
social media posts, opened unprecedented criminal
investigations, including into United States citizens for their
constitutionally protected speech in the United States, and
issued secret orders to United States social media companies to
censor thousands of posts and de-platform dozens of political
critics, including United States persons, for lawful speech on
United States soil. When United States and United States
headquartered companies have refused to comply with his
unlawful censorship demands, Justice de Moraes has imposed
substantial fines on United States and United States-
headquartered companies, ordered the suspension of United
States and United States-headquartered companies in Brazil, and
threatened United States and United States-headquartered
company executives with criminal prosecution. In fact, Justice
de Moraes is currently overseeing the Government of Brazil's
criminal prosecution of a United States resident for speech he
made on United States soil.
These judicial actions, taken under the pretext of
combatting ``disinformation,'' ``fake news,'' or ``anti-
democratic'' or ``hateful'' content, endanger the economy of
the United States by tyrannically and arbitrarily coercing
United States companies to censor political speech, turn over
sensitive United States user data, or change their content
moderation policies on pain of extraordinary fines, criminal
prosecution, asset freezes, or complete exclusion from the
Brazilian market. These actions also chill and limit expression
in the United States, violate human rights, and undermine the
interest that the United States has in protecting its citizens
and companies at home and abroad.
Brazilian officials are also persecuting former President
of Brazil Jair Bolsonaro. The Government of Brazil has unjustly
charged Bolsonaro with multiple crimes related to Bolsonaro's
2022 runoff election, and the Supreme Court of Brazil has
misguidedly ruled that Bolsonaro must stand trial for these
unjustified criminal charges. Political persecution, through
drummed up prosecutions, threatens the orderly development of
Brazil's political, administrative, and economic institutions,
including undermining the ability of Brazil to hold a free and
fair election of the presidency in 2026. The Government of
Brazil's treatment of former President Bolsonaro also
contributes to the deliberate breakdown in the rule of law in
Brazil, to politically motivated intimidation in that country,
and to human rights abuses.
I find that the unprecedented actions taken by the
Government of Brazil have violated the free expression rights
of United States persons, interfered with the economy of the
United States by coercing United States and United States-
headquartered companies to censor United States persons for
speech protected by the First Amendment to the United States
Constitution on pain of extraordinary fines, criminal
prosecution, asset freezes, or complete exclusion from the
Brazilian market, subverted the interest of the United States
in protecting its citizens and companies, undermined the rule
of law in Brazil, and jeopardized the orderly development of
Brazil's political, administrative, and economic institutions.
The policies, practices, and actions of the Government of
Brazil are repugnant to the moral and political values of
democratic and free societies and conflict with the policy of
the United States to promote democratic governments throughout
the world, the principle of free expression and free and fair
elections, the rule of law, and respect for human rights.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United
States of America, find that the scope and gravity of the
recent policies, practices, and actions of the Government of
Brazil constitute an unusual and extraordinary threat, which
has its source in whole or substantial part outside the United
States, to the national security, foreign policy, and economy
of the United States and hereby declare a national emergency
with respect to that threat.
To deal with the national emergency declared in this order,
I determine that it is necessary and appropriate to impose an
additional ad valorem duty rate of 40 percent on certain
products of Brazil, as detailed below. In my judgment, this
action is necessary and appropriate to deal with the national
emergency declared in this order. I am taking the action in
this order only for the purpose of addressing the national
emergency declared in this order and not for any other purpose.
Sec. 2. Tariff Modifications. (a) Articles of Brazil
imported into the customs territory of the United States shall
be, consistent with law, subject to an additional ad valorem
rate of duty of 40 percent. This rate of duty shall be
effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01
a.m. eastern daylight time 7 days after the date of this order,
except those goods encompassed by 50 U.S.C. 1702(b) or set
forth in Annex I to this order, and except for goods that (1)
were loaded onto a vessel at the port of loading and in transit
on the final mode of transit prior to entry into the United
States , before 12:01 a.m. eastern daylight time 7 days after
the date of this order; and (2) are entered for consumption, or
withdrawn from warehouse for consumption before 12:01 a.m.
eastern daylight time on October 5, 2025. The Harmonized Tariff
Schedule of the United States shall be modified as provided in
Annex II to this order.
(b) U.S. Customs and Border Protection may take any
necessary or appropriate measure to administer the duty imposed
by this order.
Sec. 3. Scope of Duties and Stacking. (a) The ad valorem
duty imposed in this order is in addition to any other duties,
fees, taxes, exactions, and charges applicable to such imports,
unless subject to existing or future actions under section 232
of the Trade Expansion Act of 1962, in which case the ad
valorem duty imposed in this order shall not apply.
(b) The ad valorem duty imposed in this order shall not
apply to articles that are excepted by 50 U.S.C. 1702(b) or set
forth in Annex 1 to this order, including certain silicon
metal, pig iron, civil aircraft and parts and components
thereof, metallurgical grade alumina, tin ore, wood pulp,
precious metals, energy and energy products, and fertilizers.
(c) The ad valorem duty imposed in Executive Order 14257 of
April 2, 2025 (Regulating Imports With a Reciprocal Tariff To
Rectify Trade Practices That Contribute to Large and Persistent
Annual United States Goods Trade Deficits), as amended, shall
apply in addition to the ad valorem duty imposed in this order,
when applicable pursuant to the terms of Executive Order 14257.
(d) Subject articles, except those eligible for admission
under ``domestic status'' as defined in 19 CFR 146.43, which
are subject to the duty specified in section 2 of this order
and are admitted into a foreign trade zone on or after 12:01
a.m. eastern daylight time 7 days after the date of this order,
must be admitted as ``privileged foreign status'' as defined in
19 CFR 146.41.
Sec. 4. Modification Authority. (a) To ensure that the
emergency declared in this order is dealt with, I may modify
this order, including in light of additional information,
recommendations from senior officials, or changed
circumstances.
(b) Should the Government of Brazil retaliate against the
United States in response to this action, I will modify this
order to ensure the efficacy of the actions herein ordered. For
example, if the Government of Brazil retaliates by raising
tariff rates on United States exports, I will increase the ad
valorem duty rate set forth in this order by a corresponding
amount.
(c) Should the Government of Brazil take significant steps
to address the national emergency declared in this order and
align sufficiently with the United States on national security,
economic, and foreign policy matters described in this order, I
may further modify this order.
Sec. 5. Monitoring and Recommendations. (a) The Secretary
of State shall monitor, and regularly consult with any senior
official the Secretary of State deems appropriate on, the
situation involving the Government of Brazil.
(b) The Secretary of State, in consultation with the
Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Homeland Security, the United States Trade
Representative, the Assistant to the President for National
Security Affairs, the Assistant to the President for Economic
Policy, and the Assistant to the President and Senior Counselor
for Trade and Manufacturing shall recommend to me additional
action, if necessary, if this action is not effective in
resolving the emergency declared in this order or should the
Government of Brazil retaliate against the United States in
response to the actions taken in this order or any subsequent
order issued to address this emergency.
Sec. 6. Delegation. The Secretary of State, in consultation
with the Secretary of the Treasury, the Secretary of Commerce,
the Secretary of Homeland Security, the United States Trade
Representative, the Assistant to the President for National
Security Affairs, the Assistant to the President for Economic
Policy, the Assistant to the President and Senior Counselor for
Trade and Manufacturing, and the Chair of the United States
International Trade Commission, is hereby authorized to employ
all powers granted to the President by IEEPA as may be
necessary to carry out the purposes of this order. The
Secretary of State may, consistent with law, redelegate the
authority set forth in this order within the Department of
State. Each executive department and agency shall take all
appropriate measures within its authority to carry out this
order.
Sec. 7. Reporting Directives. The Secretary of State, in
consultation with the Secretary of the Treasury, the Secretary
of Commerce, the Secretary of Homeland Security, the United
States Trade Representative, the Assistant to the President for
National Security Affairs, the Assistant to the President for
Economic Policy, and the Assistant to the President and Senior
Counselor for Trade and Manufacturing, is hereby authorized and
directed to submit recurring and final reports to the Congress
on the national emergency declared in, and authorities
exercised by, this order, consistent with section 401 of the
NEA (50 U.S.C. 1641) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).
Sec 8. Severability. If any provision of this order, or the
application of any provision to any individual or circumstance,
is held to be invalid, the remainder of this order and the
application of its other provisions to any other individuals or
circumstances shall not be affected thereby.
Sec. 9. 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.
(d) The costs for publication of this order shall be borne
by the Department of State.
Donald J. Trump.
The White House, July 30, 2025.
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