LegisTrack
Back to Executive Orders
Executive Order 13904Executive Order

Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders

Donald J. Trump
Signed: Jan 31, 2020
Published: Feb 5, 2020
Standard Summary
Comprehensive overview

This Executive Order (EO) directs federal agencies, led by the Department of Homeland Security (specifically U.S. Customs and Border Protection, CBP) and in coordination with the USPS, to tighten safeguards around e-commerce shipments to the United States. Its core aims are to reduce the import of contraband (including counterfeit goods and narcotics such as fentanyl) through online marketplaces and international mail, ensure proper payment of duties and fees, and raise the bar for who can act as an importer of record. The order creates mechanisms to exclude non-presently responsible individuals from import activity, strengthens reporting and enforcement, and imposes escalating measures on international posts that fail to comply with security and screening standards. It also pushes for fee assessments to cover government processing costs and requires clearer definitions to guide implementation. In practice, the EO signals stricter eligibility for importers of record, enhanced duties on platforms and carriers to screen suspect actors, tighter scrutiny of shipments routed through international posts, and more aggressive enforcement and information sharing. These steps could increase compliance burdens for e-commerce platforms, carriers, customs brokers, and international postal partners, while aiming to curb illegal imports and recover government costs.

Key Points

  • 1Importer of Record criteria and debarment: The Secretary of Homeland Security must propose rules establishing criteria for who can obtain an importer of record (IOR) number. A person debarred or suspended by CBP for lack of present responsibility related to importation/trade would be ineligible to obtain an IOR number for the duration of the suspension or debarment.
  • 2Responsibilities of express consignment operators and brokers: Within 60 days of CBP posting a debarred/suspended person in the System for Award Management, express consignment operators, carriers, hub facilities, and licensed customs brokers must notify CBP of any known or suspected attempts by such persons to re-enter the market under a different name/address. Depending on the established criteria, CBP may limit participation in trusted-trader programs, restrict operating privileges, or suspend/revoke a customs broker’s license.
  • 3International Postal Network and non-compliance: The order requires USPS to work with foreign postal networks and to push for inclusion of the importer-of-record criteria in international post contracts. It also mandates a quarterly “non-compliance metric” score for international posts, with a minimum threshold. Posts failing to meet thresholds can face targeted inspections, demands for additional shipment information, and, over time, measures to block or restrict shipments from non-compliant posts.
  • 4Enforcement and information sharing: The order directs regular publication of seizures related to IP rights violations, illegal drugs, contraband, and related issues, and directs the Attorney General to prioritize enforcement resources for import violations. It also calls for enhanced cross-agency coordination to pursue criminal or civil actions against violations linked to import activity.
  • 5Fees, definitions, and general provisions: A report will assess whether CBP fees are sufficient to cover processing, inspection, and duties/fees collection, with recommendations for adjustments. The order also provides definitions for key terms (e.g., “importer of record,” “international post,” “contraband”) and clarifies that the EO does not create new rights or entitlements and is subject to applicable law and appropriations.
Generated by gpt-5-nano on Oct 8, 2025