Executive Order No. 14193. Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border

• Citation: 90 FR 9113
• Published date: 07 February 2025
• FR Document: 2025-02406
• Pages: 9113-9116
• Executive Order No.: 14193
• Date: 01 February 2025
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 90 Issue 25 (Friday, February 7, 2025)

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.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 February 1, 2025.
                [FR Doc. 2025-02406
                Filed 2-6-25; 8:45 am]
                Billing code 3395-F4-P