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.
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 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 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.
(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,
January 29,
2026.
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