On January 29, 2026, President Donald Trump issued Executive Order 14380 to impose an additional ad valorem duty on goods from countries that directly or indirectly sell or otherwise provide oil—that is, crude oil or petroleum products—to Cuba.  Although the executive order, which took effect on January 30, 2026, appears broad in scope, it clarifies that the Secretary of Commerce will determine which countries directly or indirectly sell or otherwise provide oil to Cuba and convey that information to the Secretary of State, who will then propose the additional ad valorem duty rate for President Trump’s consideration.

Executive Order (“EO”) 14380 is reminiscent of other EOs issued by President Trump imposing duties on countries that trade, directly or indirectly, in certain oil.  For example, in March 2025, President Trump signed EO 14245, which imposed a 25% tariff on countries that purchase oil from Venezuela directly or indirectly (see Update of March 25, 2025).  Similarly, in August 2025, President Trump issued EO 14329 to impose a 25% tariff against India for buying Russian oil, alleging these purchases improperly propped up Russia’s ongoing efforts to undermine the sovereignty and territorial integrity of Ukraine (see Update of August 7, 2025).  Like his previous oil-related EOs, EO 14380 invokes the International Emergency Economic Powers Act (“IEEPA”) as authority to levy the additional tariff.

Under IEEPA, tariffs may not be imposed absent an underlying national emergency, and EO 14380 declares such an emergency with respect to Cuba that suggests which countries are President Trump’s focus.  According to the EO, “[t]he [Cuban] regime aligns itself with—and provides support for—numerous hostile countries, transnational terrorist groups, and malign actors adverse to the United States,” specifically identifying China, India, and Russia (as well as groups such as Hamas and Hezbollah).

The EO further warns that if EO 14380 “is not effective in dealing with the national emergency declared in this order,” additional action may be warranted and taken.

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Photo of Aaron C. Mandelbaum Aaron C. Mandelbaum

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade…

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade agreements, and customs classifications. Most recently, Aaron has counseled clients navigating requirements under the Export Administration Regulations.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.