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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 [www.gpo.gov]
[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.
                
                
                    (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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