[Federal Register Volume 91, Number 22 (Tuesday, February 3, 2026)]
[Presidential Documents]
[Pages 5085-5089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02250]
Presidential Documents
Federal Register / Vol. 91 , No. 22 / Tuesday, February 3, 2026 /
Presidential Documents
[[Page 5085]]
Executive Order 14380 of January 29, 2026
Addressing Threats to the United States by the
Government of Cuba
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), and section 301 of title 3, United States Code,
I hereby determine and order:
Section 1. National Emergency. As President of the
United States, I have an imperative duty to protect the
national security and foreign policy of this country. I
find that the policies, practices, and actions of the
Government of Cuba constitute an unusual and
extraordinary threat, which has its source in whole or
substantial part outside the United States, to the
national security and foreign policy of the United
States.
The Government of Cuba has taken extraordinary actions
that harm and threaten the United States. The regime
aligns itself with--and provides support for--numerous
hostile countries, transnational terrorist groups, and
malign actors adverse to the United States, including
the Government of the Russian Federation (Russia), the
People's Republic of China (PRC), the Government of
Iran, Hamas, and Hezbollah. For example, Cuba blatantly
hosts dangerous adversaries of the United States,
inviting them to base sophisticated military and
intelligence capabilities in Cuba that directly
threaten the national security of the United States.
Cuba hosts Russia's largest overseas signals
intelligence facility, which tries to steal sensitive
national security information of the United States.
Cuba continues to build deep intelligence and defense
cooperation with the PRC. Cuba welcomes transnational
terrorist groups, such as Hezbollah and Hamas, creating
a safe environment for these malign groups so that
these transnational terrorist groups can build
economic, cultural, and security ties throughout the
region and attempt to destabilize the Western
Hemisphere, including the United States. Cuba has long
provided defense, intelligence, and security assistance
to adversaries in the Western Hemisphere, attempting to
thwart United States and international sanctions
designed to enforce the stability of the region, uphold
the rule of law, and safeguard the national security
and foreign policy of the United States. Cuba continues
to try to thwart United States efforts to address
threats to the United States posed by hostile
countries, transnational terrorist groups, and malign
actors, including in the Western Hemisphere.
Further, contrary to the interests and foreign policy
of the United States, the Cuban communist regime
supports terrorism and destabilizes the region through
migration and violence. The communist regime persecutes
and tortures its political opponents; denies the Cuban
people free speech and press; corruptly profits from
their misery; and commits other human-rights
violations. For example, families of political
prisoners face retaliation for peacefully protesting
the improper confinement of their loved ones. Cuban
authorities harass worshippers, block free association
by civil society organizations, prohibit free press,
and deny the ability to speak freely, including on the
internet. The Cuban regime continues to spread its
communist ideas, policies, and practices around the
Western Hemisphere, threatening the foreign policy of
the United States.
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The United States has zero tolerance for the
depredations of the communist Cuban regime. The United
States will act to protect the foreign policy, national
security, and national interests of the United States,
including by holding the Cuban regime accountable for
its malign actions and relationships, while also
remaining committed to supporting the Cuban people's
aspirations for a free and democratic society.
I find that the policies, practices, and actions of the
Government of Cuba directly threaten the safety,
national security, and foreign policy of the United
States. The policies, practices, and actions of the
Government of Cuba are designed to harm the United
States and support hostile countries, transnational
terrorist groups, and malign actors that seek to
destroy the United States. The policies, practices, and
actions of the Government of Cuba are also repugnant to
the moral and political values of democratic and free
societies and conflict with the foreign policy of the
United States to encourage peaceful change in Cuba and
to promote democracy, the principle of free expression
and press, the rule of law, and respect for human
rights throughout the world.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the
United States of America, find that the situation with
respect to Cuba constitutes an unusual and
extraordinary threat, which has its source in whole or
substantial part outside the United States, to the
national security and foreign policy 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 establish a tariff system, as described below. Under
this system, an additional ad valorem duty may be
imposed on imports of goods that are products of a
foreign country that directly or indirectly sells or
otherwise provides any oil to Cuba. In my judgment, the
tariff system, as described below, is necessary and
appropriate to address the national emergency declared
in this order.
Sec. 2. Imposition of Tariffs. (a) Beginning on the
effective date of this order, an additional ad valorem
rate of duty may be imposed on goods imported into the
United States that are products of any other country
that directly or indirectly sells or otherwise provides
any oil to Cuba, in accordance with subsections (b) and
(c) of this section.
(b)(i) The Secretary of Commerce, in consultation
with the Secretary of State and any senior official the
Secretary of Commerce deems appropriate, shall
determine whether, after the effective date of this
order, a foreign country directly or indirectly sells
or otherwise provides any oil to Cuba. After the
Secretary of Commerce finds that a foreign country
directly or indirectly sells or otherwise provides any
oil to Cuba, the Secretary of Commerce shall inform the
Secretary of State of his finding, including any
information relevant to that finding.
(ii) The Secretary of Commerce may issue rules, regulations, and guidance
necessary or appropriate to implement this order. The Secretary of Commerce
may also make any other determinations or take any other actions necessary
or appropriate to implement this order.
(c)(i) After the Secretary of Commerce makes an
affirmative finding pursuant to subsection (b)(i) of
this section and informs the Secretary of State of his
finding, the Secretary of State, in consultation with
the Secretary of the Treasury, the Secretary of
Commerce, the Secretary of Homeland Security, and the
United States Trade Representative, shall determine
whether and to what extent an additional ad valorem
rate of duty should be imposed on goods that are
products of the foreign country found to directly or
indirectly sell or otherwise provide any oil to Cuba.
(ii) If the Secretary of State determines that an additional ad valorem
rate of duty should be imposed on goods that are products of the country
found to directly or indirectly sell or otherwise provide any oil to Cuba,
the Secretary of State shall inform me of his recommendation, and the
Secretary of Commerce shall inform me of his finding related to that
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recommendation. I will then consider the recommendation and finding, among
other relevant things, in determining whether and to what extent to impose
an additional ad valorem rate of duty on goods that are products of the
country in question.
(iii) The Secretary of State may issue rules, regulations, and guidance
necessary or appropriate to implement this order. The Secretary of State
may also make any other determinations or take any other actions necessary
or appropriate to implement this order.
Sec. 3. Modification Authority. (a) To ensure that the
national 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 a foreign country retaliate against the
United States in response to this order or any action
taken pursuant to this order, I may modify this order
or actions taken pursuant to this order to ensure the
efficacy of this order and the actions taken pursuant
to this order to deal with the national emergency
declared in this order.
(c) Should the Government of Cuba or another
foreign country affected by this order take significant
steps to address the national emergency declared in
this order and align sufficiently with the United
States on national security and foreign policy matters,
I may modify this order.
Sec. 4. Monitoring and Recommendations. (a) The
Secretary of State, in consultation with any senior
official the Secretary of State deems appropriate,
shall monitor the circumstances involving the national
emergency declared in this order. The Secretary of
State shall inform me of any circumstance that, in his
opinion, might indicate the need for further
Presidential action to deal with the national emergency
declared in this order.
(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, and any other
senior official the Secretary of State deems
appropriate, shall recommend to me additional action,
if necessary, if the actions in this order or taken
pursuant to this order are not effective in dealing
with the national emergency declared in this order.
(c) The Secretary of Commerce shall monitor whether
a foreign country directly or indirectly sells or
otherwise provides any oil to Cuba. The Secretary of
Commerce shall continue such monitoring after a foreign
country has been found to do so.
Sec. 5. Delegation. Consistent with applicable law, the
Secretary of State and the Secretary of Commerce are
directed and authorized to take all actions necessary
to implement and effectuate this order--including
through temporary suspension or amendment of
regulations or through notices in the Federal Register
and by adopting rules, regulations, or guidance--and to
employ all powers granted to the President, including
by IEEPA, as may be necessary to implement this order.
The head of each executive department and agency
(agency) is authorized to and shall take all
appropriate measures within the agency's authority to
implement this order. The head of each agency may,
consistent with applicable law, including section 301
of title 3, United States Code, redelegate the
authority to take such appropriate measures within the
agency.
Sec. 6. Reporting Directives. The Secretary of State,
in consultation with any senior official he deems
appropriate, 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. 7. Definitions. For the purposes of this order:
(a) The term ``oil'' means crude oil or petroleum
products.
(b) The term ``indirectly'' includes selling to or
otherwise providing oil to Cuba through intermediaries
or third countries, with knowledge that
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such oil may be provided to Cuba, as determined by the
Secretary of Commerce.
(c) The term ``Cuba'' means the territory of Cuba
and any other territory or marine area, including the
exclusive economic zone and continental shelf, over
which the Government of Cuba claims sovereignty,
sovereign rights, or jurisdiction, provided that the
Government of Cuba exercises partial or total de facto
control over the area or derives a benefit from
economic activity in the area pursuant to international
arrangements.
(d) The term ``Government of Cuba'' includes the
Government of Cuba, any political subdivision, agency,
or instrumentality thereof, and any person owned or
controlled by, or acting for or on behalf of, the
Government of Cuba.
Sec. 8. Effective Date. This order is effective at
12:01 a.m. eastern standard time on January 30, 2026.
Sec. 9. Interaction With Other Presidential Actions.
Any provision of previous proclamations and Executive
Orders that is inconsistent with the actions directed
in this order is superseded to the extent of such
inconsistency.
Sec. 10. Severability. If any provision of this order
or the application of any provision of this order to
any individual or circumstance is held to be invalid,
the remainder of this order and the application of its
provisions to any other individuals or circumstances
shall not be affected. If the action in this order or
any action taken pursuant to this order is held
invalid, the other actions imposed to deal with the
national emergencies declared with respect to the
Government of Cuba shall not be affected and shall
remain in effect.
Sec. 11. 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.
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(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.
(Presidential Sig.)
THE WHITE HOUSE,
January 29, 2026.
[FR Doc. 2026-02250
Filed 2-2-26; 11:15 am]
Billing code 4710-05-P