This Executive Order, issued by President Donald J. Trump on March 24, 2025, declares new economic measures in response to the ongoing national emergency with respect to Venezuela. It authorizes the imposition of tariffs on goods from countries importing Venezuelan oil, citing the continued threat posed by the Maduro regime and the intensified activities of the Tren de Aragua gang.
Basis for Action and Presidential Findings
- Legal Authority and National Emergency: The order is issued under the authority of the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act, and section 301 of title 3, United States Code. It builds upon the national emergency declared in Executive Order 13692 of March 8, 2015, regarding Venezuela, which was most recently continued on February 27, 2025.
- Threat Assessment: President Trump finds that the actions and policies of the Nicolás Maduro regime continue to pose an unusual and extraordinary threat to U.S. national security and foreign policy. This threat is intensified by the Tren de Aragua gang, a Venezuelan transnational criminal organization designated as a Foreign Terrorist Organization (FTO) and Specially Designated Global Terrorist (SDGT) organization, whose activities were highlighted in Proclamation 10903 of March 14, 2025.
- Specific Findings on Tren de Aragua and Maduro Regime:
- The Tren de Aragua gang is cited for extensive terrorist activities, including kidnapping, violent attacks, and the assassination of a Venezuelan opposition figure, destabilizing the Western Hemisphere. The order asserts that prior U.S. open-borders policies facilitated the gang's infiltration into the United States, and the Maduro regime aided this by failing to control its borders and take action against the gang.
- Existing sanctions on Venezuela (EOs 13692, 13808, 13850, 13884) remain in effect. The Maduro regime's actions include undermining democratic institutions, endemic economic mismanagement and corruption, responsibility for humanitarian and public health crises, and destabilizing the Western Hemisphere through forced migration.
Imposition of Tariffs
- Tariff Rate and Scope: On or after April 2, 2025, a tariff of 25 percent may be imposed on all goods imported into the United States from any country that imports Venezuelan oil, whether directly from Venezuela or indirectly through third parties. These duties are supplemental to any existing duties imposed under other authorities.
- Discretionary Authority for Imposition: The Secretary of State, in consultation with the Secretaries of the Treasury, Commerce, Homeland Security, and the United States Trade Representative (USTR), is authorized to determine, at their discretion, whether to impose this 25 percent tariff on goods from a country importing Venezuelan oil.
- Tariff Expiration: Once imposed, the 25 percent tariff will expire 1 year after the last date on which the country imported Venezuelan oil, or at an earlier date if the Secretary of Commerce, in consultation with the aforementioned Secretaries and USTR, so determines at their discretion.
Administration and Enforcement (Compliance Requirements)
- Authority to Impose Tariffs: The Secretary of State, in coordination with the Secretaries of the Treasury, Commerce, Homeland Security, and USTR, is authorized to impose the tariffs.
- Key Compliance Responsibilities for Commerce: The Secretary of Commerce, in coordination with the Secretary of State and the Attorney General, is specifically authorized to:
- Determine whether a country has imported Venezuelan oil, directly or indirectly. This is a critical point for compliance teams to monitor.
- Issue regulations, guidance, and determinations as necessary to implement this order. Compliance teams should anticipate and review forthcoming guidance.
- Coordinate with other executive departments and agencies to ensure compliance.
- Take any additional actions consistent with applicable law to carry out the order's purposes.
- Impact on Other Directives: Any prior Presidential directive inconsistent with this order is terminated, suspended, or modified as necessary. Other directives applying to Venezuela or tariff-subject countries remain in full effect, unless specified otherwise.
- Special Provision for China, Hong Kong, and Macau: If the Secretary of State decides to impose a tariff under this order on China, that tariff shall also apply to both the Hong Kong Special Administrative Region and the Macau Special Administrative Region, as a measure to reduce the risk of transshipment and evasion. Compliance teams dealing with trade involving these regions should note this specific directive.
Reporting, Review, and Definitions
- Periodic Reporting: The Secretary of State and the Secretary of Commerce are required to submit periodic reports to the President. The first report is due within 180 days of the order's date (March 24, 2025), and subsequent reports no less than every 180 days thereafter. These reports will assess the effectiveness of the tariffs and the ongoing conduct of the Maduro regime.
- Key Definitions for Compliance:
- "Venezuelan oil" means crude oil or petroleum products extracted, refined, or exported from Venezuela, regardless of the nationality of the entity involved in its production or sale.
- "Indirectly" includes purchases of Venezuelan oil through intermediaries or third countries where the origin of the oil can reasonably be traced to Venezuela, as determined by the Secretary of Commerce. Compliance teams must be vigilant in tracing the origin of oil products.
Effective Date
- This Executive Order is effective at 12:01 a.m. eastern daylight time on April 2, 2025.