Could an obscure US law save the UK film industry from Donald Trump's tariffs? Long-standing protection for 'information' from abroad set to thwart US President's latest trade attack
The UK film industry could be saved from Donald Trump 's latest trade attack by an obscure US law, experts have claimed.
The US President has announced plans to impose a 100 per cent tariff on movies made outside America.
Mr Trump said he had authorised US government departments to impose the tariff 'on any and all movies coming into our country that are produced in foreign lands'.
Industry figures warned it 'could deal a knock-out' blow to the UK film sector, which is only just recovering from the Covid crisis when many productions were delayed or cancelled.
But legal experts have now said the US President could be on shaky legal ground if he follows through with his plans.
Mr Trump has relied on the International Emergency Economic Powers Act of 1977 for his global tariff spree.
But the law includes specific allowances, known as the Berman amendments, for the free flow of informational materials, including films.
Anupam Chander, a Georgetown University law professor, told trade magazine Variety: 'The 1994 amendment made crystal clear that the president did not have the power under [IEEPA] to stop the flow of foreign audiovisual media.'
The US President posted on his Truth Social site to announce plans to impose a 100 per cent tariff on movies made outside America
Mr Trump previously came up against the issue in 2020 when he sought to ban TikTok using IEEPA.
A federal judge granted an injunction, finding that the ban violated the Berman amendments. Congress had to pass a separate law explicitly authorising the TikTok ban.
Professor Chander added: 'There's nothing in the law that allows him to bar movies instead of short videos.'
Schuyler Moore, a partner at LA-based law firm Greenberg Glusker, said: 'How on earth are they going to enforce this? The whole thing is a goofball — I can't imagine how they're going to do this in practice.'
Emily Kilcrease, a senior fellow at the Center for a New American Security think tank, said Mr Trump could use other legal means to push through his film tariffs. But she noted it could take several months to do so.
Mr Trump's latest announcement is part of an ongoing trade war. Tariffs are taxes charged on goods imported from other countries.
It is not clear how a tariff on international productions could be implemented. Many films are shot across numerous countries, including the US and UK.
Prime Minister Sir Keir Starmer has been attempting to negotiate a UK-US trade deal with the White House in order to reduce the impact of Mr Trump's eye-watering 25 per cent levies on car and steep imports.
The UK is also hoping to head off the prospect of an assault on the pharma sector with agreements on quotas.
Tory MP Stuart Andrew, the shadow culture secretary, said tariffs 'could have a significant impact on the UK's world-renowned film industry'.
He added: 'The Labour Government must get a grip now, work with our American allies to secure a trade deal with the USA.
'And take decisive action to strengthen and protect the UK film industry, otherwise we risk seeing long-term damage to a sector that is a global success.'
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