US Executive Order begins process of imposing tariffs on countries selling oil to Cuba

30 January 2026

US Executive Order begins process of imposing tariffs on countries selling oil to CubaRichie Chan/Shutterstock.com

The US has issued an executive order that has declared a national emergency and begun the process of imposing tariffs on goods from countries that sell or otherwise provide oil to Cuba – White House explainer.

  • The national emergency was declared under the International Emergency Economic Powers Act (50 USC 1701).
  • The EO says Cuba’s government presents an “unusual and extraordinary threat” because of its alignment with Russia, Iran, China, Hamas and Hezbollah. It also says the Cuban government has supported terrorism and has destabilised the region through migration and violence.
  • Once a national emergency is declared the IEEPA allows the President to “regulate … importations”, which has been used by the Executive to impose tariffs on countries.
  • The EO says the US may impose tariffs “on goods imported into the United States that are products of any other country that directly or indirectly sells or otherwise provides any oil to Cuba”.
  • The Commerce Department is responsible for identifying countries selling oil to Cuba and reporting these findings to the State Department. The State and Treasury departments shall then determine whether to impose tariffs on those countries. The final decision will be made by the President.

No tariffs have yet been imposed under this framework. The use of IEEPA to impose tariffs has been challenged in US courts. The Federal Court of Appeals held that IEEPA could not be used to impose tariffs in September 2025. The Supreme Court is expected to rule on the appeal in that case soon.

Michael O'Kane

Michael is Senior Partner at Peters & Peters Solicitors LLP. He has acted in many of the most high profile and sensitive business crime cases of the last 25 years, at Peters & Peters and as a prosecutor. Michael was called…

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