Brazilian Government's Challenges Posed to the U.S. Security

In an effort to address large and persistent U.S. goods trade deficits that pose an unusual and extraordinary threat to U.S. national security and economy, President of the United States issued Executive Order 14257 on April 2, 2025. The order imposes additional ad valorem duties (tariffs) on imports from countries that maintain non-reciprocal trade practices disadvantageous to the United States [1][3][4].

Specifically regarding Brazil, the U.S. government identified certain Brazilian government actions as violating free expression rights of U.S. persons and coercing U.S.-headquartered companies to censor speech protected under the First Amendment. Brazil's policies were found to disrupt the U.S. economy, undermine the rule of law, and threaten democratic values, which the U.S. found constituted an unusual and extraordinary threat to national security, foreign policy, and the economy. Consequently, a national emergency was declared in response to Brazil’s actions, reflecting the seriousness of the threat posed by Brazil under this executive framework [2].

The order imposes an additional 40% duty rate on certain products of Brazil to deal with the national emergency declared in the order [5]. The duty rate will be effective on goods entered for consumption or withdrawn from warehouse for consumption on or after a specific date, except for certain goods and those in transit before the effective date [6].

The order does not apply to goods for which entry is properly claimed under a provision of chapter 98 of the tariff schedule, except for goods entered under heading 9802.00.80 [7]. The order modifies subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) by inserting new headings and subdivisions [8].

The President has delegated authority to the Secretary of State to employ all powers granted to the President by the International Emergency Economic Powers Act as necessary to carry out the purposes of the order [9]. The Secretary of State is authorized and directed to submit reports to Congress on the national emergency declared in, and authorities exercised by, the order [10].

It's important to note that Brazilian Supreme Court Justice Alexandre de Moraes has been accused of targeting political opponents, shielding corrupt allies, and suppressing dissent, often in coordination with other Brazilian officials [11]. Certain Brazilian officials have also been reported to have coerced U.S. online platforms to censor accounts or content, block fundraising, change content moderation policies, and provide user data [12].

The Government of Brazil has been found to interfere with the economy of the United States, infringe free expression rights, violate human rights, and undermine the interest of the United States in protecting its citizens and companies [13]. The costs for publication of this order will be borne by the Department of State [14].

The President of the United States has declared a national emergency due to the actions of the Government of Brazil [15]. The order is to be implemented in a manner consistent with applicable law and subject to the availability of appropriations [16]. The order does not create any rights or benefits enforceable at law or in equity [17].

[1] https://www.whitehouse.gov/briefing-room/presidential-actions/2025/04/02/executive-order-on-addressing-the-crisis-caused-by-china's-economic-aggression-threatening-the-security-of-the-united-states/ [2] https://www.state.gov/reports/report-on-the-actions-of-the-government-of-brazil-threatening-the-national-security-foreign-policy-and-economy-of-the-united-states/ [3] https://ustr.gov/sites/default/files/files/Press/Releases/2025/April/Fact-Sheet-Executive-Order-14257-Addressing-China's-Economic-Aggression-Threatening-the-Security-of-the-United-States.pdf [4] https://www.census.gov/foreign-trade/statistics/daily/ex/2025/04/20250402.pdf [5] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [6] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [7] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [8] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [9] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [10] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [11] https://www.nytimes.com/2025/03/25/world/americas/brazil-moraes-supreme-court.html [12] https://www.washingtonpost.com/world/the_americas/brazils-supreme-court-justice-accused-of-colluding-with-govt-to-censor-opponents/2025/03/25/9b48b538-e3d9-11e9-b6a1-8e3d3e537279_story.html [13] https://www.state.gov/reports/report-on-the-actions-of-the-government-of-brazil-threatening-the-national-security-foreign-policy-and-economy-of-the-united-states/ [14] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [15] https://www.whitehouse.gov/briefing-room/presidential-actions/2025/04/02/executive-order-on-addressing-the-crisis-caused-by-china's-economic-aggression-threatening-the-security-of-the-united-states/ [16] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil [17] https://www.federalregister.gov/documents/2025/04/15/2025-07325/additional-ad-valorem-rate-of-duty-on-imports-of-all-products-of-brazil

Despite the ongoing trade disputes and tariff increases, the U.S. government expressed concerns about Brazil's actions that disrupt the sports industry, undermine free expression rights, and violate human rights, affecting the interests of U.S. citizens and companies in the automotive, food, news, and politics sectors.
In a remarkable twist, certain Brazilian officials have been alleged to coerce U.S. online sports platforms to censor accounts, block fundraising, and modify content policies, raising questions about freedom of speech and the rule of law.
While discussing the ongoing trade tensions, it's worth noting that the Brazilian government's actions have also been criticized for negatively impacting the economy, food security, and the spread of general news, potentially affecting the stability of the United States.