New executive orders about military contractors, arms transfers, the Cuba blockade, Venezuelan oil proceeds, and more

More than thirty executive orders have been signed since our last recap in October, ranging from defense and foreign affairs, elections, price controls, drugs and health care, home ownership and sports. Here are some to bring us up to speed, with more to come soon.

Military Contractors

The first Executive Order signed this year was “Prioritizing the Warfighter in Defense Contracting” which authorizes the Defense Department to restrict stock buy-backs and dividend payouts for defense contractors deemed as under-performing on their contracts. Since there aren’t provisions in existing defense contracts authorizing this kind of limitation or the negotiation period specified in the order it may be difficult to enforce, but new contracts may include language in accordance with this Executive Order. The government can, however, use existing tools such as withholding payments and leverage over invoicing and approvals.

Defense Production

Trump has also signed two orders pertaining to the Defense Production Act (DPA). One invokes the DPA to prioritize the domestic production and allocation of elemental phosphorus and glyphosate-based herbicides due to their uses in military devices, semiconductors used in defense technologies such as smoke devices and radar systems, and lithium-ion batteries, as well as agriculture. The other delegates authority to act independently under the Defense Production Act to the Secretary of Energy and the Secretary of Commerce during a national energy emergency, like the one he declared on the day he took office in 2025 which was extended in January of this year. Typically, these secretaries would need presidential approval for actions relating to the Defense Production Act.

Arms Transfer

The “America first arms transfer strategy” order seeks to enhance defense production capacity and boost the United States defense industrial base with the development of a sales catalogue and ideally, expanded arms sales and transfers. In calling for accountability and transparency, the order makes no mention of transparency to the American public or auditing accuracy, and instead focuses on transparency for the industry and its buyers.

Coal Energy for Military Facilities

Trump signed an Executive Order instructing the Defense Secretary to promote “clean coal” with more coal-fired energy production facilities to serve military installations and facilities. Clean coal refers to plants that use carbon capture technology and other methods to reduce harmful emissions like CO2 and other pollutants known to cause acid rain. It doesn’t address other forms of pollution such as those that occur during the mining process and has been reported to increase the cost of coal plant operations by 56% according to a report by BloombergNEF, making it the most expensive power source in the country by a significant margin.

Oil Blockade of Cuba, Venezuelan oil proceeds

In January, Trump established an oil blockade of Cuba by Executive Order in response to their support of Russia, China, Iran, Hamas, and Hezbollah, placing tariffs on any country that provides oil to Cuba either directly or indirectly. This blockade has brought existing struggles and challenges for Cubans to “a different level” according to Patrick Poomann, Havana bureau chief for CNN. Power is unreliable island-wide, safe water is in short supply and food shortages and crop failures have begun.

After establishing designated Treasury accounts to hold funds collected from the sale of seized Venezuelan oil, Trump signed an Executive Order declaring a national emergency due to attempts by private parties to sue for access to the funds held in these accounts.

Immunity for the new Board of Peace

Another order signed in January attempts to give the Board of Peace designation as an international organization. The goal is to make the board exempt from most lawsuits, taxation and property searches. But the International Organizations Immunities Act only grants the president authority to provide these privileges to international organizations “pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.” Trump’s Board of Peace is not the result of a treaty, which would require ratification by the Senate, and it hasn’t been authorized by any congressional statute. Further, since the Board of Peace designates Trump by name to serve as its chairman even after the end of his term as president, as a private citizen, the exemptions afforded to international organizations may not apply.