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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.
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.
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.
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.
(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.
(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.
(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.
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