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Sorini Strategic Advisors

New Executive Order Establishes Process to Apply Tariffs on Countries Selling Oil to Cuba

On the evening of January 29, the President issued an Executive Order establishing a process to apply ad valorem tariffs at an unspecified rate of duty on countries directly and indirectly selling oil to Cuba. Such tariffs can be made effective as early as 12:01 am EST January 30, 2026, following completion of the new process described below.  A White House fact sheet summarizing the action can be found HERE.

The action was taken pursuant to the International Emergency Economic Powers Act and the National Emergencies Act, following the President’s determination that the Government of Cuba’s conduct constitutes an unusual and extraordinary threat to U.S. national security and foreign policy

The new tariff process requires the Secretary of Commerce to determine whether a foreign country directly or indirectly sells or supplies oil to Cuba from this point forward. Commerce must formally notify the Secretary of State and provide supporting information when an affirmative determination is made. 

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 then 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.   If a determination is made to apply new tariffs, the Secretary of State must notify the President, who will then make the final decision of whether to apply ad valorem tariffs on that country, and at what rate of duty.

Historical suppliers of oil to Cuba include Mexico, Venezuela, Russia, and Algeria.

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