Addressing Threats to the United States by the Government of Cuba
The order declares a national emergency over the Cuban government's threat to U.S. national security and foreign policy, citing Cuba's military and intelligence ties to Russia, China, Iran, Hamas, and Hezbollah.
It establishes a conditional tariff mechanism targeting any country that sells oil to Cuba, making those nations' exports to the United States subject to additional duties — but only after a multi-step Commerce and State Department review process culminating in a presidential decision.
What this order does
What it orders
The order declares a national emergency with respect to Cuba and invokes IEEPA authority to create a conditional tariff system aimed at countries that sell or transfer oil to Cuba. It directs the Secretary of Commerce to monitor whether any foreign country — directly or indirectly — supplies oil to Cuba and to make formal findings when it does. If Commerce makes an affirmative finding, the Secretary of State, consulting with Treasury, Commerce, Homeland Security, and the U.S. Trade Representative, determines whether additional import duties should be recommended. The Secretary of State then advises the President, who makes the final determination on whether and how much to raise tariffs on goods from the offending country.
No tariffs are automatically imposed by this order — each instance requires the full Commerce finding, State recommendation, and a separate presidential decision. The President also retains broad authority to modify the order in response to foreign retaliation, changed circumstances, or if Cuba or an affected country takes steps to address the emergency. The Secretary of State is directed to submit recurring reports to Congress under the NEA and IEEPA, and a severability clause ensures that any invalid provision does not affect the rest.
Who it affects
Foreign countries that sell or transfer crude oil or petroleum products to Cuba, whose exports to the U.S. could face additional tariffs. U.S. importers of goods from those countries would bear any resulting duty costs. Federal agencies — particularly Commerce and State — are directly tasked with implementing the order.
Why it matters
Countries in Cuba's oil supply chain face the credible threat of U.S. import tariffs on their goods, creating economic pressure to halt sales. U.S. businesses importing products from those countries could face higher costs if the President ultimately imposes duties after the review process concludes.
What must happen and when
How the order is supposed to work
The order operates in three sequential stages. First, the Commerce Secretary continuously monitors global oil sales to Cuba and issues a formal finding whenever a country is implicated. Second, the State Secretary — consulting Treasury, Commerce, DHS, and USTR — recommends a tariff rate to the President. Third, the President independently decides whether to impose the duty. No tariff takes effect without completing all three stages. Both Commerce and State can issue rules and guidance. The President holds ongoing modification authority, including the ability to rescind tariffs if Cuba sufficiently aligns with U.S. security and foreign policy interests.
Actions and deadlines
- Determine whether any foreign country sells or provides oil to Cuba and notify the Secretary of State of findings
- Continuously monitor whether foreign countries directly or indirectly sell oil to Cuba
- Determine whether and to what extent additional tariffs should be recommended on goods from oil-supplying countries
- Submit recurring and final reports to Congress on the national emergency and authorities exercised