Addressing Threats to the United States by the Government of Brazil
This Executive Order (EO 14323), signed July 30, 2025, declares a national emergency with respect to actions by the Government of Brazil that the President says threaten U.S. national security, foreign policy, and the U.S. economy. The order cites alleged Brazilian actions including coercing U.S.-based online platforms to censor or turn over user data of U.S. persons, politically motivated prosecutions (including of former Brazilian President Jair Bolsonaro), and other measures said to undermine free expression, human rights, and the rule of law. To address that emergency, the order imposes a 40 percent ad valorem (percentage‑of‑value) tariff on most goods imported from Brazil, with narrow statutory and listed product exceptions and limited transitional relief for shipments already en route. The order directs federal agencies to implement and monitor the measures, authorizes delegation of powers to carry them out, allows the President to modify the measures (including increasing the duty if Brazil retaliates), and requires reports to Congress.
Key Points
- 1National emergency declaration: The President finds recent policies and actions by members of the Government of Brazil constitute an unusual and extraordinary threat to U.S. national security, foreign policy, and economy, and therefore declares a national emergency under statutory authorities including the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act (NEA).
- 240% additional ad valorem duty: An extra 40% tariff will apply to "articles of Brazil" imported into the U.S., effective for goods entered or withdrawn for consumption on or after 12:01 a.m. Eastern Daylight Time seven days after the order’s date (with stated exceptions).
- 3Exceptions and transitional relief: The tariff does not apply to items explicitly exempted by law (50 U.S.C. 1702(b)) or listed in Annex I (examples cited in the order include certain silicon metal, pig iron, civil aircraft and parts, metallurgical grade alumina, tin ore, wood pulp, precious metals, energy products, and fertilizers). Goods already loaded for shipment prior to the effective window and entered into the U.S. before 12:01 a.m. EDT on October 5, 2025, are also excepted.
- 4Interaction with other trade measures and administration: The new duty is generally in addition to other duties and fees (it “stacks”), except where section 232 actions apply. The EO references application of Executive Order 14257 (reciprocal tariff rules) where relevant, and authorizes U.S. Customs and Border Protection to administer the duty and foreign trade zone (FTZ) treatment (requiring “privileged foreign status” for affected FTZ admissions).
- 5Flexibility, monitoring, and oversight: The President may modify the order, including increasing the duty if Brazil retaliates. The Secretary of State will monitor the situation and coordinate with Treasury, Commerce, DHS, USTR, and White House advisers and must report periodically to Congress as required by NEA and IEEPA.