By: u/RealKafkaEsquire
Instagram: @RealKafkaEsquire
Twitter: @Kafkaesquire
This report is only a summary and editorial regarding the executive orders (“EOs”) signed by the Trump Administration during the last week. EOs are not legislation or court opinions. They do not carry the weight of law, and are merely statements of policy within the executive branch. That is not to say they cannot be cited in court or legal pleadings, or aren’t relevant to the application of law, only that they are almost never controlling outside of internal executive branch administration.
EOs are signed and reported on, generally, a week before they are published into the Federal Register. Until such a publication, it can be difficult to know the exact language of the signed EO. For that reason, these reports only include EOs published in the Federal Register. While this can lead to these reports feeling delayed or dated, it is to ensure precision and clarity.
While I am a licensed attorney, this is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this article should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
This EO relies on the International Economic Emergency Powers Act (the “IEEPA”), the National Emergencies Act (the “NEA”), the Trade Act of 1974 § 604, and 3 USC 301.
Summary
Section 1 gives a very euphemistic description of the General Terms for the United States and the United Kingdom of Great Britain and Northern Ireland Economic Prosperity Deal (“GTUSUKGBNIEPD”). It points out specific terms regarding automobiles, steel & aluminum, and pharmaceuticals.
Section 2 establishes a tariff-rate quota of 100,000 automobiles. The first 100,000 automobiles imported are not subject to the 25% automobile tariff. Instead they are subject to a 10% tariff.
Section 3 gives immunity to the UK for specific tariffs regarding the aerospace industry.
Section 4 orders the adjustment of steel and aluminum tariffs with relation to imports from the UK.
What It Means
This EO attempts to provide some, though not complete, relief from this Administration’s disastrous tariff scheme. However, an EO is not a trade deal, nor constitutes a treaty that would govern trade. As many have pointed out, even with the terms stated in this EO, it does not clarify much of the trade partnership between the US and America. More likely this EO, and much of the news around it, is merely the Administration trying so desperately to maintain their brand of “deal making” while having yet to deliver a single deal in their first six months.
Looking Forward
Critique aside, there is likely a more comprehensive trade deal in the works between the US and the UK. This EO, premature as it is, may provide some starting points for this negotiation, though such a contribution is negligible at best. As mentioned above, this is going to feature prominently as some kind of badge of negotiating skill, when in reality it is rather embarrassing that it has taken as long as it has for this administration to figure out how to trade with one of our oldest trading partners.
Executive Order 14310 - Further Extending the TikTok Enforcement Delay
Summary
Section 1 simply extends the the Tik Tok ban for another 90 days. It gives no explanation for this extension.
What It Means
There is little meaning that cannot be found by a facial reading of this EO.
Looking Forward
While this EO is simple in substance it is one of many glaring red flags as to the compromised nature of this Administration. There is nothing in the law that supports this extension, as the SCOTUS and Congress both have approved the ban. There is no explanation other than the pursuit of personal gain to Donald Trump for this EO, and it is a stain on the nation and our legal system.