Documents › Executive orders › 14323
Executive Order 14323
Addressing Threats to the United States by the Government of Brazil
Signed July 30, 2025, printed at 90 FR 37739. 7 sections of substance, 2,525 words.
This order taxes goods from Brazil. It cites the treatment of a former leader there.
Sec. 1. National Emergency
As President of the United States, my highest duty is protecting the national security, foreign policy, and economy of this country. Recent policies, practices, and actions of the Government of Brazil threaten the national security, foreign policy, and economy of the United States. Members of the Government of Brazil have taken actions that interfere with the economy of the United States, infringe the free expression rights of United States persons, violate human rights, and undermine the interest the United States has in protecting its citizens and companies. Members of the Government of Brazil are also politically persecuting a former President of Brazil, which is contributing to the deliberate breakdown in the rule of law in Brazil, to politically motivated intimidation in that country, and to human rights abuses. Recently, members of the Government of Brazil have taken unprecedented
As President of the United States, my highest duty is protecting the national security, foreign policy, and economy of this country. Recent policies, practices, and actions of the Government of Brazil threaten the national security, foreign policy, and economy of the United States. Members of the Government of Brazil have taken actions that interfere with the economy of the United States, infringe the free expression rights of United States persons, violate human rights, and undermine the interest the United States has in protecting its citizens and companies. Members of the Government of Brazil are also politically persecuting a former President of Brazil, which is contributing to the deliberate breakdown in the rule of law in Brazil, to politically motivated intimidation in that country, and to human rights abuses. Recently, members of the Government of Brazil have taken unprecedented
This declares an emergency over Brazil. It says acts by Brazil's government threaten this country. Trade harm is named. Limits on speech by Americans are named. Rights abuses are named. It says a former president there faces political prosecution. It says the rule of law is breaking down.
Sec. 2. Tariff Modifications
(a) Articles of Brazil imported into the customs territory of the United States shall be, consistent with law, subject to an additional ad valorem rate of duty of 40 percent. This rate of duty shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time 7 days after the date of this order, except those goods encompassed by 50 U.S.C. 1702(b) or set forth in Annex I to this order, and except [[Page 37741]] for goods that (1) were loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the United States, before 12:01 a.m. eastern daylight time 7 days after the date of this order; and (2) are entered for consumption, or withdrawn from warehouse for consumption before 12:01 a.m. eastern daylight time on October 5, 2025. The Harmonized Tariff
(a) Articles of Brazil imported into the customs territory of the United States shall be, consistent with law, subject to an additional ad valorem rate of duty of 40 percent. This rate of duty shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time 7 days after the date of this order, except those goods encompassed by 50 U.S.C. 1702(b) or set forth in Annex I to this order, and except [[Page 37741]] for goods that (1) were loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the United States, before 12:01 a.m. eastern daylight time 7 days after the date of this order; and (2) are entered for consumption, or withdrawn from warehouse for consumption before 12:01 a.m. eastern daylight time on October 5, 2025. The Harmonized Tariff
This puts a 40 percent tariff on goods from Brazil. It starts 7 days after the order. Goods entered for use from then are covered. Some goods are left out by law. A list in the order names more. Cargo already at sea is spared. That cargo must enter before October 5, 2025.
Sec. 3. Scope of Duties and Stacking
(a) The ad valorem duty imposed in this order is in addition to any other duties, fees, taxes, exactions, and charges applicable to such imports, unless subject to existing or future actions under section 232 of the Trade Expansion Act of 1962, in which case the ad valorem duty imposed in this order shall not apply. (b) The ad valorem duty imposed in this order shall not apply to articles that are excepted by 50 U.S.C. 1702(b) or set forth in Annex I to this order, including certain silicon metal, pig iron, civil aircraft and parts and components thereof, metallurgical grade alumina, tin ore, wood pulp, precious metals, energy and energy products, and fertilizers. (c) The ad valorem duty imposed in Executive Order 14257 of April 2, 2025 (Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade
(a) The ad valorem duty imposed in this order is in addition to any other duties, fees, taxes, exactions, and charges applicable to such imports, unless subject to existing or future actions under section 232 of the Trade Expansion Act of 1962, in which case the ad valorem duty imposed in this order shall not apply. (b) The ad valorem duty imposed in this order shall not apply to articles that are excepted by 50 U.S.C. 1702(b) or set forth in Annex I to this order, including certain silicon metal, pig iron, civil aircraft and parts and components thereof, metallurgical grade alumina, tin ore, wood pulp, precious metals, energy and energy products, and fertilizers. (c) The ad valorem duty imposed in Executive Order 14257 of April 2, 2025 (Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade
This says how the tariff stacks. It adds to other duties and fees. It does not apply where a steel or metals action already does. Some goods are exempt. Silicon metal and pig iron are named. So are aircraft and parts. So are tin ore and wood pulp. So are precious metals, energy and fertilizer.
Sec. 4. Modification Authority
(a) To ensure that the emergency declared in this order is dealt with, I may modify this order, including in light of additional information, recommendations from senior officials, or changed circumstances. (b) Should the Government of Brazil retaliate against the United States in response to this action, I will modify this order to ensure the efficacy of the actions herein ordered. For example, if the Government of Brazil retaliates by raising tariff rates on United States exports, I will increase the ad valorem duty rate set forth in this order by a corresponding amount. (c) Should the Government of Brazil take significant steps to address the national emergency declared in this order and align sufficiently with the United States on national security, economic, and foreign policy matters described in this order, I may further modify this order.
(a) To ensure that the emergency declared in this order is dealt with, I may modify this order, including in light of additional information, recommendations from senior officials, or changed circumstances. (b) Should the Government of Brazil retaliate against the United States in response to this action, I will modify this order to ensure the efficacy of the actions herein ordered. For example, if the Government of Brazil retaliates by raising tariff rates on United States exports, I will increase the ad valorem duty rate set forth in this order by a corresponding amount. (c) Should the Government of Brazil take significant steps to address the national emergency declared in this order and align sufficiently with the United States on national security, economic, and foreign policy matters described in this order, I may further modify this order.
This keeps room to change the order. The President may revise it. New facts may prompt that. Advice from senior aides may too. If Brazil hits back, the tariff goes up. A matching raise is promised. If Brazil takes real steps to fix the problem, the order may be eased.
Sec. 5. Monitoring and Recommendations
(a) The Secretary of State shall monitor, and regularly consult with any senior official the Secretary of State deems appropriate on, the situation involving the Government of Brazil. (b) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing shall recommend to me additional action, if necessary, if this action is not effective in resolving the emergency declared in this order or should the Government of Brazil retaliate against the United States in response to the actions taken in this order or any subsequent order issued to address this emergency.
(a) The Secretary of State shall monitor, and regularly consult with any senior official the Secretary of State deems appropriate on, the situation involving the Government of Brazil. (b) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing shall recommend to me additional action, if necessary, if this action is not effective in resolving the emergency declared in this order or should the Government of Brazil retaliate against the United States in response to the actions taken in this order or any subsequent order issued to address this emergency.
This sets up watching. State must track what Brazil does. It must consult senior aides as it sees fit. Treasury and Commerce join in. So does Homeland Security. So does the trade office. So do two White House aides. Together they must advise on further steps if this fails.
Sec. 6. Delegation
The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic [[Page 37742]] Policy, the Assistant to the President and Senior Counselor for Trade and Manufacturing, and the Chair of the United States International Trade Commission, is hereby authorized to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of State may, consistent with law, redelegate the authority set forth in this order within the Department of State. Each executive department and agency shall take all appropriate measures within its authority to carry out this order.
The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic [[Page 37742]] Policy, the Assistant to the President and Senior Counselor for Trade and Manufacturing, and the Chair of the United States International Trade Commission, is hereby authorized to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of State may, consistent with law, redelegate the authority set forth in this order within the Department of State. Each executive department and agency shall take all appropriate measures within its authority to carry out this order.
This says who may act. State leads, after talks with several agencies. Treasury, Commerce and Homeland Security are named. The trade office is named. Three White House aides are named. So is the trade commission chair. State may use the emergency powers law. It may pass the work to its own staff.
Sec. 7. Reporting Directives
The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing, is hereby authorized and directed to submit recurring and final reports to the Congress on the national emergency declared in, and authorities exercised by, this order, consistent with section 401 of the NEA (50 U.S.C. 1641) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).
The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing, is hereby authorized and directed to submit recurring and final reports to the Congress on the national emergency declared in, and authorities exercised by, this order, consistent with section 401 of the NEA (50 U.S.C. 1641) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).
This orders reports to Congress. State leads them. It consults the same agencies and aides. Reports come at set times. A final report closes them out. Two laws require this. One covers national emergencies. One covers the emergency powers used here.
Sec. 8. Severability
Every order carries this. It is not what the order does.
If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.
If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.
This is the standard severability clause. If a court strikes down part of the order, the rest still stands.
Sec. 9. General Provisions
Every order carries this. It is not what the order does.
(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. [[Page 37743]] (d) The costs for publication of this order shall be borne by the Department of State. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, July 30, 2025.
(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. [[Page 37743]] (d) The costs for publication of this order shall be borne by the Department of State. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, July 30, 2025.
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
How this order is quoted
Each section is quoted as the order prints it, under its own number and heading. Executive orders are United States government works and are not under copyright. Long sections are cut at a sentence and the whole order is a click away.