Presidential Documents

9113 

Federal Register 

Vol. 90, No. 25 

Friday, February 7, 2025 

Title 3— 

The President 

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 


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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. 


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(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 


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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. 

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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