[Federal Register Volume 90, Number 148 (Tuesday, August 5, 2025)]
[Presidential Documents]
[Pages 37739-37773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14896]
Presidential Documents
Federal Register / Vol. 90 , No. 148 / Tuesday, August 5, 2025 /
Presidential Documents
[[Page 37739]]
Executive Order 14323 of July 30, 2025
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
[[Page 37740]]
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
[[Page 37741]]
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 I 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
[[Page 37742]]
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.
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(d) The costs for publication of this order shall
be borne by the Department of State.
(Presidential Sig.)
THE WHITE HOUSE,
July 30, 2025.
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[FR Doc. 2025-14896
Filed 8-4-25; 11:15 am]
Billing code 7020-02-C