The President declared a national emergency, citing the Government of Cuba's alignment with hostile entities like Russia and Iran, hosting foreign intelligence facilities, supporting transnational terrorist groups, and perpetrating human rights abuses against its populace.
Based on this determination, which invokes the International Emergency Economic Powers Act (IEEPA), the order establishes a mechanism to impose additional *ad valorem* tariffs on goods imported from any foreign country that directly or indirectly sells or provides oil to Cuba, with implementation and monitoring delegated primarily to the Secretaries of Commerce and State.
Arguments For
The action provides a lawful mechanism, utilizing IEEPA and the NEA, to counter specific foreign policy threats emanating from the Cuban regime, such as hosting Russian intelligence facilities and supporting terrorist groups like Hezbollah and Hamas.
Implementing tariffs on goods from countries supplying oil to Cuba creates a direct economic incentive for third-party nations to cease supporting Cuba's destabilizing activities in the Western Hemisphere and aligns with U.S. interests.
The declaration enables the Executive Branch to swiftly impose countermeasures against the Cuban regime's human rights abuses, persecution of political opponents, and efforts to spread communist ideology, thereby protecting U.S. national security values.
The structure allows for flexibility, permitting modification of the tariffs based on observed changes in Cuba's behavior or in response to foreign retaliation, ensuring the measure remains an effective tool against the declared emergency.
Arguments Against
Imposing new tariffs based on actions taken by third-party countries supplying oil to Cuba could lead to trade disputes or retaliation against U.S. exporters, potentially harming the domestic economy.
The broad definitions of 'indirectly' selling oil and the scope of the national emergency declaration could be perceived as an overreach of executive authority under IEEPA, especially concerning foreign commerce.
The order targets general imports from countries supplying oil, which may unintentionally penalize entities or individuals within those third countries who are not directly involved in oil sales to Cuba.
The reliance on declarations by the Secretary of Commerce and Secretary of State regarding findings of oil sales introduces an administrative layer that might delay or complicate the intended effect of the national security measure.
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:
The President asserts authority to issue this order based on Constitutional powers, the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act (NEA), and specific federal code sections regarding presidential authority.
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.
This section formally declares a national emergency regarding the United States' national security and foreign policy.
The President finds that the actions of the Cuban government create an unusual and extraordinary threat originating substantially from outside the U.S.
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.
This paragraph justifies the emergency declaration by detailing Cuba's harmful actions.
Specifically, it cites Cuba's support for hostile nations like Russia and China, and terrorist organizations such as Iran, Hamas, and Hezbollah.
Cuba allegedly hosts Russian intelligence facilities and provides bases for malign actors that threaten U.S. national security and regional stability.
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 justification continues by emphasizing that the Cuban communist regime engages in actions contrary to U.S. interests by supporting terrorism and regional destabilization via migration and violence.
The regime is accused of severe human rights violations, including restricting free speech, persecuting dissidents, and interfering with religious freedom.
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.
This states the U.S. position of zero tolerance for the Cuban regime’s conduct.
The U.S. affirms its intent to protect its national interests and hold Cuba accountable for its negative international behavior, while simultaneously supporting the Cuban people's desire for democracy.
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.
The President reiterates the finding that Cuba's actions directly endanger U.S. safety, security, and foreign policy goals by supporting entities hostile to the U.S. Furthermore, these actions are characterized as conflicting with democratic values advocated by the U.S. globally, including promoting democracy and human rights.
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.
Based on the preceding findings, the President officially declares a national emergency specifically addressing the threat posed by Cuba to U.S. national security and foreign policy.
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.
To combat this emergency, the President deems it necessary to create a special tariff system.
This system allows for an additional duty, calculated as a percentage of value (ad valorem), to be placed on imports coming from any country that sells or supplies oil, directly or indirectly, to Cuba.
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.
Section 2 begins by authorizing the imposition of this specific additional ad valorem duty on imports originating from any country found to be supplying oil to Cuba, effective on the order's start date, pending procedures outlined in subsections (b) and (c).
(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.
The Secretary of Commerce, in consultation with the Secretary of State, must investigate and determine if another foreign country begins supplying oil to Cuba after the order takes effect.
If such a supply is confirmed, the Secretary of Commerce must notify the Secretary of State of this 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.
The Secretary of Commerce holds the authority to create any necessary rules, regulations, guidance, determinations, or take actions required to put this part of the order into effect.
(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.
When the Secretary of Commerce confirms an oil supply relationship with Cuba, the Secretary of State, collaborating with Treasury, Commerce, Homeland Security, and the U.S. Trade Representative, must decide if and how severely to apply the additional tariff to goods from that specific foreign country.
(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.
If the Secretary of State recommends imposing the tariff, both the Secretary of State (with their recommendation) and the Secretary of Commerce (with their factual finding) must report to the President.
The President will ultimately use these reports, among other factors, to decide whether and what level of duty to impose on the goods from that country.
(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.
The Secretary of State has the authority to issue necessary directives, rules, regulations, guidance, determinations, or take other steps required to implement the tariff imposition process outlined in this section.
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.
Section 3 grants the President the authority to alter this order, if necessary, to effectively manage the declared national emergency.
Modifications can be based on new information, advice from senior staff, or shifting conditions.
(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.
If any foreign nation takes retaliatory trade or political action against the U.S. because of this order, the President retains the power to modify the order or related actions to ensure the primary goal of addressing the national emergency remains effective.
(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.
The President may also modify the order if the Cuban government or any affected country demonstrates substantial progress in resolving the emergency or aligns its national security and foreign policy positions sufficiently close to those of the United States.
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.
The Secretary of State is tasked with continuously monitoring the situation related to the national emergency.
This official must report back to the President if any development suggests that additional Presidential action might be necessary.
(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.
If the measures established by this order prove ineffective against the national emergency, the Secretary of State must coordinate with several key secretaries and the USTR to recommend further actions to the President.
(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.
The Secretary of Commerce must maintain continuous monitoring to track whether any foreign country is supplying oil to Cuba, and this surveillance must continue even after an initial finding of such sales has been made.
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.
The Secretaries of State and Commerce are explicitly directed and authorized to take all necessary steps to enforce this order, utilizing powers available under IEEPA, including issuing regulations or publishing notices in the Federal Register.
Heads of all other federal departments and agencies must also take appropriate implementing measures within their authority, and they may delegate these responsibilities within their respective organizations.
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)).
The Secretary of State must provide regular and final reports to Congress regarding the declared national emergency and the presidential authorities used under this order, ensuring compliance with reporting requirements found in the NEA and IEEPA.
Sec. 7. Definitions. For the purposes of this order:
Section 7 establishes precise definitions for key terms used throughout the presidential order to ensure consistent interpretation.
(a) The term “oil” means crude oil or petroleum products.
Oil is defined specifically as either crude oil or any product derived from petroleum.
(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.
Indirect provision of oil covers transactions where a third country or intermediary is used to route oil to Cuba, provided the selling country knows the oil is ultimately destined for Cuba, as judged 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.
The definition of Cuba encompasses its physical territory, exclusive economic zones, and continental shelf where the Cuban government asserts control or derives an economic benefit, even if that control is not fully recognized internationally.
(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.
The 'Government of Cuba' is broadly defined to include its official subdivisions, agencies, state-owned entities, and any private entity acting on the government's behalf or under its control.
Sec. 8. Effective Date. This order is effective at 12:01 a.m. eastern standard time on January 30, 2026.
The order officially takes legal effect 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.
This section clarifies that if any part of this new order conflicts with any previously issued proclamations or executive orders concerning Cuba, the provisions of this current order will take precedence in the area of conflict.
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.
This severability clause ensures that if any specific part of the order is struck down by a court, the rest of the order and its application to other individuals or situations will remain valid and fully in force.
Other existing measures against Cuba are also intended to remain active.
Sec. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
Section 11 addresses general administrative points about the scope and execution of the order.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
This provision clarifies that the order does not revoke or diminish the legal authority granted to any executive department or agency, including its leadership.
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
The order does not interfere with the established roles of the Director of the Office of Management and Budget concerning budget preparation, administrative oversight, or legislative recommendations.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
The enforcement of this order must comply with existing law and depend upon Congress allocating the necessary funds (appropriations) for its execution.
(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.
This language specifies that the order does not grant any legally enforceable personal rights or benefits to private parties against the U.S. government or its personnel.
(d) The costs for publication of this order shall be borne by the Department of State.
The costs associated with officially publishing this presidential action in the Federal Register will be paid for by the Department of State.
DONALD J. TRUMP
THE WHITE HOUSE,
January 29, 2026.
This concludes the document, indicating it was signed by President Donald J. Trump at the White House on January 29, 2026, making the effective date the next day.
The post Addressing Threats to the United States by the Government of Cuba appeared first on The White House.
This is standard website attribution, indicating the original source and title of the post on the White House website.