President Donald Trump has signed an executive order reinstating a national emergency on Iran, alongside a new tariffs system to penalise countries trading with Tehran, sparking legal debates over presidential authority and trade diplomacy.
President Donald Trump has renewed a national emergency declaration on Iran and authorised a new tariff mechanism designed to punish countries that trade with Tehran, according to a White House fact sheet accompanying the order.
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Signed on February 6, 2026, the executive order creates a process under which the United States may levy additional duties on imports from any country that “directly or indirectly purchases, imports, or otherwise acquires goods or services from Iran”, the fact sheet says. The administration framed the measure as necessary to defend US national security, foreign policy and the national economy, and empowered the Secretary of State, the Secretary of Commerce and the US Trade Representative to issue rules and guidance to implement the system, the White House added.
The move is presented by the administration as part of a wider effort to counter what it describes as Tehran’s destabilising activities in the Middle East, including its nuclear ambitions, ballistic missile programme and support for proxy groups. The White House also pointed to human rights abuses inside Iran and said resources were being diverted away from domestic needs into weapons programmes.
The executive order arrives amid an intense legal and political contest over the scope of presidential authority to impose tariffs. Federal courts have already constrained similar measures adopted by Mr Trump in his second term. A federal appeals court last year concluded that Mr Trump exceeded his powers when he imposed broad tariffs under the International Emergency Economic Powers Act, though those tariffs remained temporarily in place while the administration sought further review, according to reporting by The Associated Press. Another federal ruling struck down aspects of the administration’s tariff programme as a misuse of emergency powers, a decision that was also appealed.
State governments and business groups have challenged the administration’s wider tariff strategy in the courts, arguing Congress retains primary authority over trade policy and warning of disruptions to supply chains and higher costs for American consumers. Twelve states filed suit in April 2025 seeking to block the tariff programme, and other litigation has sought to limit the executive branch’s ability to employ national emergency statutes to reshape trade relationships.
The renewed emergency and new tariff authority follow a series of high-tension exchanges between Washington and Tehran. The president has publicly warned of severe retaliation against Iran if it were found to have ordered an assassination attempt against him, remarks that came as he signed the order, according to The Associated Press. US officials have pointed to past Iranian plots and the 2020 killing of Iranian general Qassem Soleimani as background to ongoing security concerns.
Separately, the administration has expanded tools aimed at pressuring foreign governments over the treatment of US citizens, including an executive order last September that allows the US to designate nations as state sponsors of wrongful detention and impose penalties ranging from economic measures to visa restrictions, the AP reported. The White House highlighted recent returns of detained Americans as evidence of the approach’s effectiveness.
Legal experts say the new tariff framework is likely to prompt further litigation because of the constitutional and statutory questions it raises about the interplay between emergency powers and Congress’s authority over tariffs. Administration officials say the mechanism can be adjusted in response to changing circumstances, retaliation, or if affected countries take steps to align with US security and policy objectives, according to the White House fact sheet.
As the White House moves to finalise rules for enforcement, the order underscores a broader strategy of using economic coercion alongside diplomatic and security measures to isolate Iran , an approach that faces both judicial scrutiny and potential diplomatic blowback from trade partners that could be swept up by the penalties.
Source: Noah Wire Services
