Presidential DocumentExecutive Order 141932025-02406
Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border
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Published
February 7, 2025
Signed
February 1, 2025
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 90 Issue 25 (Friday, February 7, 2025)</title>
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[Federal Register Volume 90, Number 25 (Friday, February 7, 2025)]
[Presidential Documents]
[Pages 9113-9116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02406]
Presidential Documents
Federal Register / Vol. 90 , No. 25 / Friday, February 7, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 9113]]
Executive Order 14193 of February 1, 2025
Imposing Duties To Address the Flow of Illicit
Drugs Across Our Northern Border
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), section 604 of the Trade Act of 1974, as amended
(19 U.S.C. 2483), and section 301 of title 3, United
States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the sustained influx of illicit
opioids and other drugs has profound consequences on
our Nation, endangering lives and putting a severe
strain on our healthcare system, public services, and
communities.
This challenge threatens the fabric of our society.
Gang members, smugglers, human traffickers, and illicit
drugs of all kinds have poured across our borders and
into our communities. Canada has played a central role
in these challenges, including by failing to devote
sufficient attention and resources or meaningfully
coordinate with United States law enforcement partners
to effectively stem the tide of illicit drugs.
Drug trafficking organizations (DTOs) are the world's
leading producers of fentanyl, methamphetamine,
cocaine, and other illicit drugs, and they cultivate,
process, and distribute massive quantities of narcotics
that fuel addiction and violence in communities across
the United States. These DTOs often collaborate with
transnational cartels to smuggle illicit drugs into the
United States, utilizing clandestine airstrips,
maritime routes, and overland corridors.
The challenges at our southern border are foremost in
the public consciousness, but our northern border is
not exempt from these issues. Criminal networks are
implicated in human trafficking and smuggling
operations, enabling unvetted illegal migration across
our northern border. There is also a growing presence
of Mexican cartels operating fentanyl and nitazene
synthesis labs in Canada. The flow of illicit drugs
like fentanyl to the United States through both illicit
distribution networks and international mail--due, in
the case of the latter, to the existing administrative
exemption from duty and taxes, also known as de
minimis, under section 1321 of title 19, United States
Code--has created a public health crisis in the United
States, as outlined in the Presidential Memorandum of
January 20, 2025 (America First Trade Policy) and
Executive Order 14157 of January 20, 2025 (Designating
Cartels and Other Organizations as Foreign Terrorist
Organizations and Specially Designated Global
Terrorists). With respect to smuggling of illicit drugs
across our northern border, Canada's Financial
Transactions and Reports Analysis Centre recently
published a study on the laundering of proceeds of
illicit synthetic opioids, which recognized Canada's
heightened domestic production of fentanyl, largely
from British Columbia, and its growing footprint within
international narcotics distribution. Despite a North
American dialogue on the public health impacts of
illicit drugs since 2016, Canadian officials have
acknowledged that the problem has only grown. And while
U.S. Customs and Border Protection (CBP) within the
Department of Homeland Security seized, comparatively,
much less fentanyl from Canada than from Mexico last
year, fentanyl is so potent that even a very small
parcel of the drug can cause many deaths and
[[Page 9114]]
destruction to America families. In fact, the amount of
fentanyl that crossed the northern border last year
could kill 9.5 million Americans.
Immediate action is required to finally end this public
health crisis and national emergency, which will not
happen unless the compliance and cooperation of Canada
is assured.
I hereby determine and order:
Section 1. (a) As President of the United States, my
highest duty is the defense of the country and its
citizens. A Nation without borders is not a nation at
all. I will not stand by and allow our sovereignty to
be eroded, our laws to be trampled, our citizens to be
endangered, or our borders to be disrespected anymore.
I previously declared a national emergency with respect
to the grave threat to the United States posed by the
influx of illegal aliens and illicit drugs into the
United States in Proclamation 10886 of January 20, 2025
(Declaring a National Emergency at the Southern
Border). Pursuant to the NEA, I hereby expand the scope
of the national emergency declared in that Proclamation
to cover the threat to the safety and security of
Americans, including the public health crisis of deaths
due to the use of fentanyl and other illicit drugs, and
the failure of Canada to do more to arrest, seize,
detain, or otherwise intercept DTOs, other drug and
human traffickers, criminals at large, and drugs. In
addition, this failure to act on the part of Canada
constitutes an unusual and extraordinary threat, which
has its source in substantial part outside the United
States, to the national security and foreign policy of
the United States. I hereby declare and reiterate a
national emergency under the NEA and IEEPA to deal with
that threat. This national emergency requires decisive
and immediate action, and I have decided to impose,
consistent with law, ad valorem tariffs on articles
that are products of Canada set forth in this order. In
doing so, I invoke my authority under section
1702(a)(1)(B) of IEEPA, and specifically find that
action under other authority to impose tariffs is
inadequate to address this unusual and extraordinary
threat.
Sec. 2. (a) All articles that are products of Canada as
defined by the Federal Register notice described in
subsection (e) of this section (Federal Register
notice), and except for those products described in
subsection (b) of this section, shall be, consistent
with law, subject to an additional 25 percent ad
valorem rate of duty. Such rate of duty shall apply
with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after
12:01 a.m. eastern time on February 4, 2025, except
that goods entered for consumption, or withdrawn from
warehouse for consumption, after such time that were
loaded onto a vessel at the port of loading or in
transit on the final mode of transport prior to entry
into the United States before 12:01 a.m. eastern time
on February 1, 2025, shall not be subject to such
additional duty, only if the importer certifies to CBP
as specified in the Federal Register notice.
(b) With respect to energy or energy resources, as
defined in section 8 of Executive Order 14156 of
January 20, 2025 (Declaring a National Energy
Emergency), and as otherwise included in the Federal
Register notice, such articles that are products of
Canada as defined by the Federal Register notice shall
be, consistent with law, subject to an additional 10
percent ad valorem rate of duty. Such rate of duty
shall apply with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern time on
February 4, 2025, except that goods entered for
consumption, or withdrawn from warehouse for
consumption, after such time that were loaded onto a
vessel at the port of loading or in transit on the
final mode of transport prior to entry into the United
States before 12:01 a.m. eastern time on February 1,
2025, shall not be subject to such additional duty,
only if the importer certifies to CBP as specified in
the Federal Register notice.
(c) The rates of duty established by this order are
in addition to any other duties, fees, exactions, or
charges applicable to such imported articles.
[[Page 9115]]
(d) Should Canada retaliate against the United
States in response to this action through import duties
on United States exports to Canada or similar measures,
the President may increase or expand in scope the
duties imposed under this order to ensure the efficacy
of this action.
(e) In order to establish the duty rate on imports
of articles that are products of Canada, the Secretary
of Homeland Security shall determine the modifications
necessary to the Harmonized Tariff Schedule of the
United States (HTSUS) in order to effectuate this order
consistent with law and shall make such modifications
to the HTSUS through notice in the Federal Register.
The modifications made to the HTSUS by this notice
shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern time on
February 4, 2025, and shall continue in effect until
such actions are expressly reduced, modified, or
terminated.
(f) Articles that are products of Canada, except
those that are eligible for admission under ``domestic
status'' as defined in 19 CFR 146.43, which are subject
to the duties imposed by this order and are admitted
into a United States foreign trade zone on or after
12:01 a.m. eastern time on February 4, 2025, except as
otherwise noted in subsections (a) and (b) of this
section, must be admitted as ``privileged foreign
status'' as defined in 19 CFR 146.41. Such articles
will be subject upon entry for consumption to the rates
of duty related to the classification under the
applicable HTSUS subheading in effect at the time of
admittance into the United States foreign trade zone.
(g) No drawback shall be available with respect to
the duties imposed pursuant to this order.
(h) For avoidance of doubt, duty-free de minimis
treatment under 19 U.S.C. 1321 shall not be available
for the articles described in subsection (a) and
subsection (b) of this section.
(i) Any prior Presidential Proclamation, Executive
Order, or other Presidential directive or guidance
related to trade with Canada that is inconsistent with
the direction in this order is hereby terminated,
suspended, or modified to the extent necessary to give
full effect to this order.
(j) The articles described in subsection (a) and
subsection (b) of this section shall exclude those
encompassed by 50 U.S.C. 1702(b).
Sec. 3. (a) The Secretary of Homeland Security shall
regularly consult with the Secretary of State, the
Attorney General, the Assistant to the President for
National Security Affairs, and the Assistant to the
President for Homeland Security on the situation at our
northern border. The Secretary of Homeland Security
shall inform the President of any circumstances that,
in the opinion of the Secretary of Homeland Security,
indicate that the Government of Canada has taken
adequate steps to alleviate this public health crisis
through cooperative enforcement actions. Upon the
President's determination of sufficient action to
alleviate the crisis, the tariffs described in section
2 of this order shall be removed.
(b) The Secretary of Homeland Security, in
coordination with the Secretary of State, the Attorney
General, the Assistant to the President for National
Security Affairs, and the Assistant to the President
for Homeland Security, shall recommend additional
action, if necessary, should the Government of Canada
fail to take adequate steps to alleviate the illegal
migration and illicit drug crises through cooperative
enforcement actions.
Sec. 4. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, the
Attorney General, and the Secretary of Commerce, is
hereby authorized to take such actions, including
adopting rules and regulations, and to employ all
powers granted to the President by IEEPA as may be
necessary to implement this order. The Secretary of
Homeland Security may, consistent with applicable law,
redelegate any of these functions within the Department
of Homeland Security. All executive departments
[[Page 9116]]
and agencies shall take all appropriate measures within
their authority to implement this order.
Sec. 5. The Secretary of Homeland Security, in
coordination with the Secretary of the Treasury, the
Attorney General, the Secretary of Commerce, the
Assistant to the President for National Security
Affairs, and the Assistant to the President for
Homeland Security, is hereby authorized to submit
recurring and final reports to the Congress on the
national emergency under IEEPA declared in this order,
consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).
Sec. 6. 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, 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
February 1, 2025.
[FR Doc. 2025-02406
Filed 2-6-25; 8:45 am]
Billing code 3395-F4-P
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</html>Indexed from Federal Register on February 7, 2025.
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