President Donald J. Trump signed an executive order declaring a national emergency over what he found to be an unusual and extraordinary threat from the Government of Cuba to U.S. national security and foreign policy. The order, published in the Federal Register on Feb. 3, 2026, creates a system under which extra import duties may be placed on goods from countries that supply oil to Cuba.
Trump signed the order on Jan. 29, 2026. It took effect at 12:01 a.m. eastern standard time on Jan. 30, 2026. The order says the threat originates entirely or in large part outside the United States.
Under the system, an extra duty based on the value of the goods may be imposed on products of any other country that, after the effective date, supplies any oil to Cuba, directly or through others. The order defines oil as crude oil or petroleum products. Indirect supply includes sales through intermediaries or third countries when the seller knows the oil may reach Cuba, as the commerce secretary determines.
The order directs the Secretary of Commerce, consulting the Secretary of State and any senior official the commerce secretary deems appropriate, to decide whether a foreign country is supplying oil to Cuba. After an affirmative finding, the commerce secretary must tell the Secretary of State and include information relevant to that finding.
The Secretary of State, consulting the secretaries of the Treasury, Commerce, and Homeland Security and the United States Trade Representative, then decides whether an extra duty should be imposed and how large it should be. If the secretary recommends a duty, he must inform the President, and the commerce secretary must inform the President of the related finding. The order says the President will consider that recommendation and finding, among other relevant things, before deciding whether and to what extent to impose the duty.
The order states that Trump found Cuba’s policies, practices, and actions harm and threaten the United States. According to the order, the Cuban government aligns with and supports hostile countries and groups, including Russia, China, Iran, Hamas, and Hezbollah. The order says Cuba hosts Russia’s largest overseas signals intelligence facility and continues intelligence and defense cooperation with China.
The order also says the Cuban government supports terrorism and destabilizes the region through migration and violence. It says the government persecutes political opponents, denies free speech and a free press, and commits other human-rights violations. The order says the United States will hold the Cuban regime accountable while still pledging to support the Cuban people’s hopes for freedom and democracy.
The order directs the Secretary of State to monitor the emergency and to tell the President of any circumstance that might call for further presidential action. The commerce secretary must keep watching whether foreign countries supply oil to Cuba, including after a country has already been found to do so. The Secretary of State, consulting specified officials, must recommend more action if steps under the order are not effective.
Trump may change the order, including if a foreign country retaliates, or if Cuba or another affected country takes significant steps to address the emergency and aligns sufficiently with the United States on national security and foreign policy. Any earlier proclamation or executive order that conflicts with this order is superseded only where the two conflict. The order does not name a specific earlier order that it revokes.
The Secretary of State, consulting officials he deems appropriate, must send recurring and final reports to Congress on the emergency and the authorities used under it. The order says it does not create a right or benefit that a private party can enforce in court against the United States.