Executive Order 13904 · Signed Jan 31, 2020

85 FR 6725 · Published Feb 5, 2020 · Effective on signing

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Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders

customs enforcemente-commerce regulationcounterfeit goodsdrug traffickingimport policy

Signed by President Donald Trump

The order directs federal agencies to crack down on e-commerce platforms and international shippers being used to import counterfeit goods, fentanyl, and other contraband into the United States while evading customs duties.

It establishes a scoring system for foreign postal services, creates new eligibility rules for importers, and shifts enforcement and prosecution resources toward import-related violations — addressing a gap in customs oversight created by the rapid growth of cross-border online shopping.

What this order does

What it orders

The order directs the Department of Homeland Security to propose new rules establishing criteria for obtaining an importer of record number — the identifier required to bring goods into the United States — and bars persons suspended or debarred by CBP from holding one. It requires express carriers, hub facilities, and licensed customs brokers to notify CBP when a debarred importer tries to re-establish business under a different name, and directs CBP to consider penalties — including revoking operating privileges or customs broker licenses — for entities that continue facilitating such business. It also directs CBP to create a quarterly compliance score for foreign postal services and to escalate enforcement measures, up to blocking all shipments, against those that consistently fail. The Attorney General must prioritize prosecuting import-related offenses and assign resources accordingly.

The order does not itself change any tariff rate, impose new criminal penalties, or directly debar any person. All major changes depend on future rulemaking, reports to the President, and agency-level implementation decisions. A general-provisions clause confirms it creates no enforceable rights or benefits for private parties.

Who it affects

Foreign postal services, international e-commerce sellers, U.S. importers of record, express consignment operators, licensed customs brokers, hub facilities, and e-commerce platform operators whose transactions may involve debarred persons or contraband shipments entering the United States.

Why it matters

U.S. consumers risk receiving counterfeit products or inadvertently funding smuggling networks through routine online purchases. Legitimate importers and customs brokers face new compliance obligations and potential license sanctions. Foreign postal services that repeatedly fail compliance scoring risk losing access to the U.S. market entirely.

What must happen and when

How the order is supposed to work

The order works in cascading layers: DHS must first complete rulemaking to define importer-of-record criteria; those criteria then trigger obligations for carriers and brokers to police debarred parties. In parallel, CBP develops a quarterly International Mail Non-Compliance score — penalties escalate from targeted inspections (2+ failing quarters) to information requirements (6+ quarters) to possible shipment blockades (8+ quarters). Reports to the President from DHS and Justice are due within 90 and 210 days, respectively, to inform future executive action. Enforcement teeth at the carrier level include loss of CBP trusted-trader status and operating-privilege restrictions.

Actions and deadlines

  • Issue a notice of proposed rulemaking establishing criteria importers must meet to obtain an importer of record numberNo deadline specified
  • Take steps to ensure carriers and brokers notify CBP of debarred persons attempting to re-establish import activity within 60 days of SAM publicationNo deadline specified
  • Submit a report to the President on measures to prevent importation facilitated by persons ineligible for importer of record numbers through the international postal networkWithin 90 days of signing
  • Submit a report to the President analyzing measures CBP may take against international posts deemed non-compliant for eight or more consecutive quartersWithin 90 days of signing
  • Publish guidance on the process for deeming and removing international posts from the non-compliant listWithin 90 days of signing
  • Assign resources to ensure federal prosecutors prioritize prosecuting import violation offenses described in this orderWithin 60 days of signing
  • Submit a report to the President analyzing whether CBP fees sufficiently reimburse federal costs for parcel processing and recommending adjustmentsWithin 210 days of signing

Agencies directed to act

Department of Homeland SecurityU.S. Customs and Border ProtectionUnited States Immigration and Customs EnforcementUnited States Postal ServiceDepartment of JusticeOffice of the United States Trade RepresentativeOffice of Management and Budget

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Executive Order 12549

1986 order establishing the government-wide nonprocurement debarment and suspension system.

19 U.S.C. § 4322

Statutory definition of priority trade issues for customs enforcement purposes.

Executive Order

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