Amendment to Duties to Address the Flow of Illicit Drugs across our Northern Border
The Presidential Actions document amends Executive Order 14193, which addresses illicit drug flow across the US-Canada border.
The amendment revises section 2(h), modifying duty-free de minimis treatment for certain articles under 19 U.S.C. 1321.
This treatment ends once the Secretary of Commerce confirms adequate systems for processing and collecting tariffs are established.
The order clarifies that it does not impact existing department authorities or budgetary functions and creates no new legal entitlements.
Arguments For
Intended Benefits: Improved efficiency in collecting tariffs on goods crossing the northern border, potentially increasing revenue for the government and deterring illegal activity.
Evidence Cited: Reference to specific sections of existing laws (International Emergency Economic Powers Act, National Emergencies Act, Trade Act of 1974, and Title 3, United States Code) provides legal basis for the actions.
Implementation Methods: The amendment to Executive Order 14193 directly changes the rules governing duty-free treatment, to be implemented after the Secretary of Commerce determines that proper systems for processing and collecting tariffs are in place.
Legal/Historical Basis: The President's authority is clearly stated as stemming from the Constitution and the laws listed in the order's preamble.
Arguments Against
Potential Impacts: Businesses relying on duty-free treatment could incur increased costs, impacting their competitiveness.
Implementation Challenges: Determining when “adequate systems” are in place for tariff collection could be subjective and lead to delays or inconsistencies in enforcement.
Alternative Approaches: Other approaches to border security and drug interdiction could have been considered, such as enhanced border patrols or stricter regulations on specific goods.
Unintended Effects: Increased costs due to tariffs might drive illegal activity underground, making it harder to monitor and control.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United States Code, I hereby determine and order:
This introductory statement asserts the President's legal basis for issuing the order, citing the Constitution and several federal acts granting authority in national emergencies and trade matters.
Section 1. Amendment. Executive Order 14193 of February 1, 2025 (Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border), as amended by Executive Order 14197 of February 3, 2025 (Progress on the Situation at Our Northern Border), is further amended by revising section 2(h) to read as follows:
(h) Duty-free de minimis treatment under 19 U.S.C. 1321 is available for otherwise eligible covered articles described in subsection (a) and subsection (b) of this section. Such duty free de minimis treatment shall cease to be available for such otherwise eligible covered articles upon notification by the Secretary of Commerce to the President that adequate systems are in place to fully and expeditiously process and collect tariff revenue applicable pursuant to subsection (a) and subsection (b) of this section for covered articles otherwise eligible for de minimis treatment.
This section explicitly amends a previous Executive Order (14193) by revising section 2(h).
The revision centers on duty-free treatment for certain goods, making it contingent on sufficient customs processing capabilities.
The duty-free treatment will end upon notification from the Secretary of Commerce.
Sec. 2. General Provisions. (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.
These general provisions clarify that the order doesn't override existing legal authorities of government entities or the budget office's roles.
Further the order's implementation is linked to available funds and does not grant legally enforceable rights to individuals or entities.