Executive Order 13904-Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights
Issued 2020-01-31 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order, issued by President Donald J. Trump in January 2020, is titled "Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights." It establishes a policy for the United States Government to address how e-commerce is being used by traffickers to bring illegal items, such as counterfeit goods and narcotics including
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13904 addresses "Executive Order 13904-Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights". The President's stated reasoning: "the public interest and ensure the integrity of Federal programs by transacting only with presently responsible persons." Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Official Summary
Administration of Donald J. Trump, 2020 Executive Order 13904—Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights January 31, 2020 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy . E-commerce, including transactions involving smaller express-carrier or international mail packages, is being exploited by traffickers to introduce contraband into the United States, and by foreign exporters and United States importers to avoid applicable customs duties, taxes, and fees. It is the policy of the United States Government to protect consumers, intellectual property rights holders, businesses, and workers from counterfeit goods, narcotics (including synthetic opioids such as fentanyl), and other contraband now being introduced into the United States as a result of the recent growth in e-commerce. The United States Government must also protect the revenue of the United States from individuals and entities who evade customs duties, taxes, and fees. It is the policy of the United States Government that any person who knowingly, or with gross negligence, imports, or facilitates