Executive Order 14323 · Signed Jul 30, 2025

90 FR 37739 · Published Aug 5, 2025 · Effective on signing

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Addressing Threats to the United States by the Government of Brazil

trade tariffsnational emergencyfree speechU.S.-Brazil relationsforeign policy

Signed by President Donald Trump

The order declares a national emergency over the Government of Brazil's actions against U.S. companies and citizens and immediately imposes a 40 percent additional tariff on virtually all Brazilian imports, effective seven days after signing.

It is the first use of emergency economic powers against Brazil, invoking IEEPA over allegations that Brazilian judicial officials coerced U.S. tech companies to censor Americans and that Brazil is politically persecuting a former head of state.

What this order does

What it orders

The order declares a national emergency, finding that Brazil's government poses an unusual and extraordinary threat to U.S. national security, foreign policy, and economy. It imposes an additional 40 percent ad valorem tariff on Brazilian imports, effective seven days after signing (August 6, 2025). A limited set of goods — including silicon metal, pig iron, civil aircraft and parts, alumina, tin ore, wood pulp, precious metals, energy products, and fertilizers — are exempted from the new duty. Goods already loaded on vessels in transit before the effective date may enter duty-free under the new rate until October 5, 2025.

The order grants the Secretary of State authority to employ all IEEPA powers to carry out its purposes and directs that official to monitor the situation and recommend further action if needed. The President reserves authority to raise the tariff rate if Brazil retaliates and to lower or remove it if Brazil takes significant steps to address U.S. concerns. The new 40 percent duty stacks on top of existing tariffs, except for goods already subject to Section 232 national-security duties, which are excluded.

Who it affects

U.S. importers of Brazilian goods — including commodities, manufactured products, and agricultural goods not on the exemption list — and U.S. consumers who buy them. U.S. technology and social media companies operating in Brazil facing Brazilian court orders are the named catalyst. Brazilian exporters to the U.S. market also face direct impact.

Why it matters

Importers of Brazilian goods face an immediate 40 percent additional cost on most products, which businesses typically pass along to buyers. U.S. tech companies are placed under explicit presidential backing in resisting Brazilian censorship demands. American consumers may see higher prices on Brazilian-origin coffee, steel, aircraft parts, and other goods not specifically exempted.

What must happen and when

How the order is supposed to work

The tariff self-executes through modifications to the Harmonized Tariff Schedule in Annex II; U.S. Customs and Border Protection collects and administers it at the border with no further rulemaking required. The Secretary of State leads monitoring and can recommend escalation or de-escalation, consulting a broad interagency group. A built-in retaliation clause automatically triggers a rate increase if Brazil raises tariffs on U.S. exports. The severability clause preserves the rest of the order if any provision is invalidated. Congress receives recurring and final reports per IEEPA and the National Emergencies Act.

Actions and deadlines

  • Impose a 40 percent additional ad valorem tariff on Brazilian imports by activating the rate2025-08-06
  • Allow in-transit goods loaded before the effective date to enter without the new tariff2025-10-05
  • Secretary of State to monitor the Brazil situation and regularly consult senior officialsNo deadline specified
  • Secretary of State to recommend additional action to the President if the tariff does not resolve the emergency or Brazil retaliatesNo deadline specified
  • Secretary of State to submit recurring and final reports to Congress on the emergency and authorities exercisedNo deadline specified

Agencies directed to act

Department of StateDepartment of the TreasuryDepartment of CommerceDepartment of Homeland SecurityOffice of the United States Trade RepresentativeU.S. Customs and Border ProtectionUnited States International Trade Commission

Authority and reach

Authorities cited

IEEPA

Gives the President broad power to regulate international commerce during a declared national emergency.

National Emergencies Act

Sets the legal framework for how the President declares and maintains national emergencies.

Section 604 of the Trade Act of 1974

Allows the President to modify the Harmonized Tariff Schedule to carry out trade agreements and actions.

3 U.S.C. § 301

Allows the President to delegate official functions to executive branch officers.

Executive Order

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Executive Order 14323: Addressing Threats to the United States by the Government of Brazil | EO Reporter