Trump Lifts Tariffs on Countries Supplying Oil to Cuba, But Sustains "National Emergency"

On February 20, 2026, U.S. President Donald J. Trump signed an executive order that ends the additional tariffs imposed under the International Emergency Economic Powers Act (IEEPA). This includes those linked to Executive Order 14380 against the Cuban government. The decision follows a Supreme Court ruling that deemed most tariffs imposed under this legislation to be illegal.

The action dismantles the tariff system enacted merely three weeks earlier, on January 29, which allowed for an additional ad valorem tariff on any nation selling or supplying oil to Cuba, either directly or indirectly.

Unlike traditional sanctions that directly targeted Havana, the January 29 order established an indirect pressure mechanism. This scheme permitted tariff surcharges on third-party states engaged in energy trade with the island, aiming to further isolate the Cuban regime in the global market.

According to the new executive order signed on February 20, these additional tariffs must cease "as soon as practicable." Relevant federal agencies are tasked with making the necessary adjustments to the United States Harmonized Tariff Schedule to implement the decision.

However, the White House made it clear that the national emergency declared on January 29 concerning the Cuban government remains active. The designation of "unusual and extraordinary threat" to U.S. national security and foreign policy has not been rescinded, and other actions under this declaration remain in place.

Other legal frameworks supporting sanctions or trade restrictions, such as Section 232 of the Trade Expansion Act or Section 301 of the Trade Act of 1974, are also unaffected.

The decision coincided with the Supreme Court's ruling, in a six-to-three vote, that the IEEPA does not authorize the president to impose tariffs. The Court argued that while the law allows for the regulation of foreign commerce in emergencies, it does not grant explicit authority to levy general taxes or duties. This ruling retroactively invalidates the global tariffs that the administration had imposed under this law.

Moreover, the removal of the oil tariff occurs just days after Trump extended, on February 13, the national emergency that regulates the funding and movement of vessels, including the ability to stop and inspect U.S. and foreign ships headed to Cuba.

Originally declared in 1996 following the downing of the Brothers to the Rescue planes, this measure was extended under the premise that the Cuban government has not demonstrated restraint from excessive force and that a mass migration from the island could threaten U.S. national security.

In practice, this sequence reflects a selective adjustment in Washington's strategy. On one hand, the legal framework of pressure against Havana remains, including the authority to control maritime traffic and the continuation of the national emergency. On the other, the commercial mechanism intended to penalize third countries supplying oil to Cuba is withdrawn.