91 FR 40855 · published 2026-07-02
· Executive Office of the President
Mirrored from the Federal Register (retrieved 2026-08-08) —
the official copy is at federalregister.gov
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[Federal Register Volume 91, Number 126 (Thursday, July 2, 2026)]
[Presidential Documents]
[Pages 40855-40857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13588]
Vol. 91
Thursday,
No. 126
July 2, 2026
Part IV
The President
Proclamation 11038--Declaration of Emergency and Authorization for
Temporary Duty-Free Importation of Phosphate Fertilizer From Morocco
Presidential Documents
Federal Register / Vol. 91 , No. 126 / Thursday, July 2, 2026 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
Proclamation 11038 of June 29, 2026
Declaration of Emergency and Authorization for
Temporary Duty-Free Importation of Phosphate Fertilizer
From Morocco
By the President of the United States of America
A Proclamation
1. Fertilizers are an essential component of
agriculture and food production. Producers of corn,
soybeans, wheat, and a variety of other crops need
phosphate fertilizers to ensure strong crop yields to
feed the population. Food production is critical to
human health, farm security, and to the function of
major sectors of the economy, and even isolated
interruptions in food production can have serious
health and economic consequences. Robust and reliable
food production is therefore critical to the economic
and national security of the United States.
2. During the planting and growing season, soil and
crops require critical nutrients, including the
phosphorus supplied by phosphate fertilizers, and in
the coming months, farmers will apply more than half of
annually consumed phosphate fertilizers between the
fall and very early spring prior to next spring's
planting. To ensure a stable food supply, predictable
and timely sources of phosphate fertilizer must be
procured to meet United States demand, which requires
adequate supply of phosphate fertilizer, a critical
type of plant food.
3. Global supply chains for phosphate fertilizer and
fertilizer inputs, including imports of such products
into the United States, have been disrupted in recent
months by, among other things, conflicts in fertilizer-
producing regions as well as trade actions taken by
major fertilizer-producing countries. For example, the
United States' largest foreign source of phosphate
fertilizer has experienced supply chain disruption,
placing additional pressure on the farm economy and the
production of certain categories of domestic food.
Persistent threats to the global fertilizer supply
chain, which create rapid price increases and
procurement challenges, require the United States to
procure phosphate fertilizer from diversified foreign
sources to mitigate the significant risk of harm to the
agricultural food production of the United States.
4. Currently, United States production of phosphate
fertilizer is insufficient to support domestic
agricultural food production after accounting for
exports. The Federal Government is working with the
private sector to expand domestic fertilizer
manufacturing capacity, but those efforts will take
time to increase the supply materially. Immediate
action is necessary and appropriate to ensure in the
interim that United States farmers have access to a
sufficient and timely supply of phosphate fertilizers
during the planting and growing season, to ensure a
stable domestic crop supply, and to meet our food
production needs.
5. Producers in countries such as the Kingdom of
Morocco can supply phosphate fertilizers to the United
States without disruption at this time. It is
imperative to immediately facilitate importation of
phosphate fertilizers from the Kingdom of Morocco to
mitigate the significant risk to the agricultural food
production of the United States, to safeguard the
economic and national security of the United States,
and to ensure a stable domestic food supply.
6. Section 318(a) of the Tariff Act of 1930, as amended
(19 U.S.C. 1318(a)) (section 318), authorizes the
President to declare an emergency for a reason
described in section 318(a) and to authorize the
Secretary of the Treasury and the Secretary of
Commerce, as appropriate and consistent with applicable
law, to permit, during the continuance of such
emergency, the importation free of duty of food,
clothing, and medical, surgical, and other supplies for
use in emergency relief work.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the
United States of America, by the authority vested in me
by the Constitution and the laws of the United States,
including section 318 of the Tariff Act of 1930, as
amended, and section 301 of title 3, United States
Code, do hereby declare an emergency to exist with
respect to the threats to the availability of
sufficient supplies of fertilizers to meet expected
agricultural demand. Pursuant to this declaration, I
hereby direct as follows:
(1) To provide additional authority to the Secretary of the Treasury and
the Secretary of Commerce to respond to the emergency declared in this
proclamation, the authority under section 318 is invoked and made
available, according to its terms, to the Secretary of the Treasury and the
Secretary of Commerce. The Secretary of the Treasury and the Secretary of
Commerce shall, when appropriate, consult with each other before exercising
the authority under section 318.
(2) To provide relief from the emergency declared in this proclamation, the
Secretary of the Treasury and the Secretary of Commerce, after consultation
with the Secretary of Homeland Security, shall take appropriate action
within their respective authorities under section 318 to permit until the
earlier of 8 months after the date of this proclamation or the termination
of the emergency declared in this proclamation, under such regulations and
under such conditions as the Secretary of the Treasury and the Secretary of
Commerce may use or prescribe, the importation, free of the collection of
duties and deposits of estimated duties, if applicable, under sections
1671, 1675, and 1677j of title 19, United States Code, of phosphate
fertilizers of the Kingdom of Morocco, and to temporarily extend during
such 8-month period or the course of the emergency, as applicable, the time
therein prescribed for the performance of any act related to such imports.
(3) Pursuant to section 318, the Secretary of the Treasury and the
Secretary of Commerce, in consultation with any senior official they deem
appropriate, shall monitor and review the status of circumstances related
to the emergency declared in this proclamation. The Secretary of the
Treasury and the Secretary of Commerce shall also inform the President of
any circumstance that, in their opinion, might indicate the need for
further action by the President, including under section 318.
(4) The Secretary of the Treasury or the Secretary of Commerce, when
appropriate, shall report to the Congress any action taken under the
provisions of section 318.
(5) Any provision of previous proclamations and Executive Orders that is
inconsistent with this proclamation is superseded to the extent of such
inconsistency. If any provision of this proclamation or the application of
any provision to any individual or circumstance is held to be invalid, the
remainder of this proclamation and the application of its provisions to any
other individuals or circumstances shall not be affected.
(6)(a) Nothing in this proclamation shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This proclamation is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-ninth day of June, in the year of our Lord two
thousand twenty-six, and of the Independence of the
United States of America the two hundred and fiftieth.
(Presidential Sig.)
[FR Doc. 2026-13588
Filed 7-1-26; 11:15 am]
Billing code 3395-F4-P
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