ExecutiveOrdersEO
EO 13904Executive OrderTrump 45 · R Quiet signal

Executive Order 13904

Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders

This executive order targets e-commerce channels used to import counterfeit goods, narcotics (especially fentanyl), and other contraband through small express-carrier and international mail packages. It establishes new criteria for obtaining importer of record numbers, requires express carriers and customs brokers to report debarred persons attempting to re-establish business, creates a compliance scoring system for international postal services with escalating consequences for non-compliance, mandates prioritized prosecution of import violations, and requires analysis of whether CBP fees adequately cover inspection costs.

Federal Register Open PDF 85 FR 6725

Impact dates

  1. Express carriers/brokers notify CBP of debarred person re-establishment attempts

  2. DHS report on sufficiency of CBP fees for parcel processing/inspection

  3. CBP and USPS report to President on measures to prevent contraband through international postal network

  4. CBP report to President on measures for posts non-compliant 8+ quarters

  5. CBP publish guidance on non-compliant international post process

  6. Attorney General assigns resources for prioritized prosecution of import violations

Key directives

  • DHS Secretary to issue notice of proposed rulemaking for importer of record criteria including debarment/suspension ineligibility
  • Express consignment operators, carriers, hub facilities, and licensed customs brokers must notify CBP within 60 days of SAM publication when debarred/suspended persons attempt to re-establish business under different names/addresses
  • CBP to consider limiting trusted trader program participation, operating privileges, or suspending/revoking customs broker licenses for facilitators of ineligible persons
  • USPS to notify international postal network of US policy and include importer criteria in new contracts
  • CBP and USPS to report to President within 90 days on measures to prevent contraband shipments through international postal network by ineligible persons
  • CBP to develop International Mail Non-Compliance metric with quarterly score updates and minimum threshold
  • Targeted inspection priority for posts non-compliant for 2+ consecutive quarters
  • Additional information requirements for posts non-compliant for 6+ consecutive quarters; potential import prevention if not provided
  • Measures to protect US from posts non-compliant for 8+ consecutive quarters, potentially including import prevention regardless of information provision
  • CBP to report within 90 days on measures for 8+ quarter non-compliant posts
  • Attorney General to assign prosecution resources within 60 days, including potentially increasing DOJ enforcement personnel
  • DHS to submit fee sufficiency report within 210 days with recommendations for adjustments

Who is ordered

Timeline

Immediate

  • EO issuance; policy statements take effect
  • USPS to begin collaborating with State Department to notify international postal network

Near term (90d)

  • DHS/CBP report to President on measures to prevent contraband through international postal network (90 days)
  • DHS/CBP report to President on measures for posts non-compliant for 8+ quarters (90 days)
  • CBP to publish guidance on non-compliant international post process (90 days)
  • Attorney General to assign resources for prioritized prosecution of import violations (60 days)

Long term

  • Express carriers/brokers must notify CBP of debarred persons' re-establishment attempts (within 60 days of SAM publication)
  • Quarterly updates of international post compliance scores ongoing
  • Escalating measures for persistently non-compliant international posts (6+ quarters, 8+ quarters)
  • DHS report on fee sufficiency (210 days)
  • Rulemaking for importer of record criteria to be completed

Risks & tensions

  • International postal network compliance scoring may strain diplomatic relations with countries whose posts score poorly
  • Escalating measures against non-compliant posts (up to blocking shipments) could conflict with international postal agreements including UPU framework
  • EO relies on future rulemaking and reports rather than immediate binding operational changes—implementation timeline uncertain
  • Fee adjustment recommendations (Sec. 7) could increase costs for e-commerce consumers and small businesses if implemented
  • Definition of 'e-commerce platform' is broad but directive language is hortatory ('should not facilitate') rather than mandatory for platforms
  • Potential tension between enforcement transparency (publishing seizure information) and law enforcement sensitivity or trade confidentiality concerns
Executive Order 13904: Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders · Executive Orders