Addressing Threats to The United States by the Government of Brazil
7/30/2025
Action Summary
- National Emergency Declaration: The President declares a national emergency due to actions by the Government of Brazil that threaten U.S. national security, foreign policy, and economic interests.
- Allegations Against Brazil:
- Interference with U.S. Economy: Brazilian officials are accused of coercing U.S. companies to censor constitutionally protected speech and manipulate data.
- Abuse of Judicial Authority: Actions by Brazilian officials, including Justice Alexandre de Moraes, have led to politically motivated raids, arrests, and censorship.
- Political Persecution: The targeting and unjust prosecution of former President Jair Bolsonaro are contributing to instability and human rights concerns.
- Tariff Modifications:
- An additional 40% ad valorem duty is imposed on certain Brazilian products imported into the United States.
- Effective 7 days after the order’s issuance, with specific exceptions outlined in Annex I and modifications provided in Annex II.
- Administrative Measures and Enforcement:
- U.S. Customs and Border Protection is tasked with administering the new duty.
- The order will apply in conjunction with existing and future tariff measures, such as those in Executive Order 14257.
- Modification and Retaliation Provisions:
- The President reserves the right to modify the order based on new information or in response to Brazilian retaliatory measures.
- Tariff rates may be increased if Brazil raises tariffs on U.S. exports.
- Monitoring, Reporting, and Delegated Authority:
- Multiple agencies (State, Treasury, Commerce, Homeland Security, etc.) are to monitor the situation and advise on further actions.
- Recurring and final reports must be submitted to Congress detailing the national emergency and actions taken.
- Broad authority is delegated to these agencies to implement and, if necessary, adjust the measures.
- Legal and Procedural Provisions:
- The order includes severability clauses, limits on creating enforceable rights for private parties, and clarifies that it does not impair existing executive or departmental authorities.
- Costs for the publication of the order are assigned to the Department of State.
Risks & Considerations
- The Executive Order imposes a 40% ad valorem duty on certain Brazilian imports, which could lead to increased costs for goods and materials sourced from Brazil. This may affect Vanderbilt University if it relies on any Brazilian imports for research or operational purposes.
- The national emergency declared due to actions by the Government of Brazil could lead to heightened political tensions, potentially impacting international collaborations and partnerships that Vanderbilt University may have with Brazilian institutions.
- The order’s focus on protecting U.S. companies from coercion by Brazilian officials may influence the regulatory environment for U.S. educational and research institutions operating in Brazil, potentially affecting Vanderbilt’s international programs or partnerships.
- There is a risk of retaliatory measures by Brazil, which could further complicate international relations and affect Vanderbilt’s ability to engage in cross-border educational and research activities.
- The emphasis on free expression and human rights in the order may align with Vanderbilt’s values, but the geopolitical implications could necessitate strategic adjustments in how the university engages with international partners.
Impacted Programs
- International Programs at Vanderbilt may need to reassess their partnerships and collaborations with Brazilian institutions to ensure compliance with new regulations and to mitigate any potential risks arising from the national emergency.
- Research Initiatives that rely on Brazilian resources or data may face increased costs or logistical challenges due to the imposed tariffs and potential retaliatory actions by Brazil.
- The Office of Global Safety and Security might need to update its guidelines and advisories for students and faculty traveling to or collaborating with Brazilian entities.
- Vanderbilt’s Legal and Compliance Teams may need to review and adjust policies to ensure adherence to the new trade regulations and to prepare for any legal implications of the Executive Order.
Financial Impact
- The additional tariffs on Brazilian imports could lead to increased operational costs for Vanderbilt if any of its programs or research projects depend on Brazilian goods or services.
- Potential retaliatory measures by Brazil could affect funding opportunities or collaborative projects with Brazilian institutions, impacting Vanderbilt’s financial planning and international engagement strategies.
- Vanderbilt may need to allocate resources to monitor and respond to the evolving geopolitical situation, which could divert funds from other initiatives or programs.
- There may be opportunities for Vanderbilt to secure funding for research on international trade, human rights, and geopolitical issues, aligning with the themes of the Executive Order.
Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)
Key Actions
- Vanderbilt’s Office of Federal Relations should closely monitor the developments of the national emergency declared against Brazil, as it may impact international collaborations and partnerships, particularly those involving Brazilian institutions or markets.
- The Vanderbilt University Law School could explore research opportunities related to international trade law and the implications of the new tariffs on Brazilian imports, providing insights and guidance on compliance and strategic adjustments for affected stakeholders.
- Vanderbilt’s Owen Graduate School of Management should assess the potential economic impacts of the increased tariffs on Brazilian goods, identifying sectors that may be affected and advising on strategic responses to mitigate any negative effects on the university’s economic interests.
- The Vanderbilt Project on Unity & American Democracy can leverage this situation to study the broader implications of international political tensions on democratic values and human rights, contributing to public discourse and policy recommendations.
Opportunities
- The executive order presents an opportunity for Vanderbilt’s Center for Latin American Studies to engage in research and dialogue on the political and economic dynamics between the United States and Brazil, potentially influencing policy and fostering academic collaborations.
- Vanderbilt can capitalize on the increased focus on international trade and economic policy by developing new programs and partnerships that address the challenges and opportunities arising from the current geopolitical climate.
Relevance Score: 3 (Some adjustments are needed to processes or procedures due to potential impacts on international collaborations and economic interests.)
Timeline for Implementation
- Effective Date: The additional 40% tariff applies to articles entered for consumption or withdrawn from warehouse for consumption on or after 12:01 a.m. Eastern Daylight Time 7 days after the date of this order (i.e., effective August 6, 2025, given the order is dated July 30, 2025).
- Exception for Prior Entry: Goods loaded in transit before the effective date and goods entered for consumption or withdrawn from warehouse before 12:01 a.m. EDT on October 5, 2025, are excepted from this tariff.
The shortest timeline for implementation is 7 days after the order date, which prompts urgent compliance action.
Relevance Score: 5
Impacted Government Organizations
- Department of State: Responsible for monitoring the situation with Brazil, coordinating with senior officials, and redelegating authority where necessary.
- Department of the Treasury: Consulted for recommendations and engaged in measures related to tariff modifications and economic impacts.
- Department of Commerce: Involved in consulting and recommending actions in response to the national emergency.
- Department of Homeland Security (via U.S. Customs and Border Protection): Charged with administering and enforcing the additional tariffs imposed on Brazilian products.
- United States Trade Representative: Tasked with advising and coordinating trade-related measures in response to the order.
- Assistant to the President for National Security Affairs: Consulted on the national security implications of the emergency.
- Assistant to the President for Economic Policy: Engaged in evaluating economic impacts and proposing additional measures.
- Assistant to the President and Senior Counselor for Trade and Manufacturing: Consulted for strategic recommendations to address trade and manufacturing concerns.
- Chair of the United States International Trade Commission: Authorized to employ powers granted under IEEPA to further the objectives of the order.
- Office of Management and Budget (OMB): Although not directly tasked with executing the order, its functions remain protected, ensuring the continuity of budgetary and administrative processes.
Relevance Score: 4 (Multiple federal agencies – between 11 and 15 – are impacted by this order.)
Responsible Officials
- U.S. Customs and Border Protection – Charged with administering and enforcing the additional ad valorem duty and related tariff modifications as specified in Sec. 2.
- Secretary of State – Tasked with monitoring the situation, consulting with senior officials, redelegating authority within the Department of State, and submitting reports to Congress as outlined in Secs. 5 and 7.
- Secretary of the Treasury – Required to consult with the Secretary of State and other officials to recommend further action in addressing the national emergency.
- Secretary of Commerce – Involved in consultation for recommendations and ensuring appropriate measures are taken by the executive branch.
- Secretary of Homeland Security – Part of the consultative team to determine and implement measures responding to the national emergency.
- United States Trade Representative – Engaged in advising and reporting on the order’s implementation and effectiveness.
- Assistant to the President for National Security Affairs – Consulted to provide strategic recommendations related to national security implications.
- Assistant to the President for Economic Policy – Consulted regarding economic impacts and necessary policy adjustments.
- Assistant to the President and Senior Counselor for Trade and Manufacturing – Participates in advising on trade measures and manufacturing impacts.
- Chair of the United States International Trade Commission – Authorized to employ powers necessary for carrying out the order’s objectives as part of the delegation in Sec. 6.
Relevance Score: 5 (Directives affect multiple agency heads at the Cabinet level and key White House officials, reflecting significant strategic implications.)
