81 FR 9737 - Modifying and Continuing the National Emergency With Respect to Cuba and Continuing To Authorize the Regulation of the Anchorage and Movement of Vessels

Executive Office of the President

Federal Register Volume 81, Issue 37 (February 25, 2016)

Page Range		9737-9739
FR Document		2016-04289

Federal Register, Volume 81 Issue 37 (Thursday, February 25, 2016)

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Presidential Documents]
[Pages 9737-9739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04289]



[[Page 9735]]

Vol. 81

Thursday,

No. 37

February 25, 2016

Part IV





The President





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Proclamation 9398--Modifying and Continuing the National Emergency With 
Respect to Cuba and Continuing To Authorize the Regulation of the 
Anchorage and Movement of Vessels


                        Presidential Documents 



Federal Register / Vol. 81 , No. 37 / Thursday, February 25, 2016 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 9737]]

                Proclamation 9398 of February 24, 2016

                
Modifying and Continuing the National Emergency 
                With Respect to Cuba and Continuing To Authorize the 
                Regulation of the Anchorage and Movement of Vessels

                By the President of the United States of America

                A Proclamation

                By the authority vested in me by the Constitution and 
                the laws of the United States of America, in order to 
                modify and continue the national emergency declared in 
                Proclamation 6867 of March 1, 1996, and expanded by 
                Proclamation 7757 of February 26, 2004, in light of the 
                need to continue the national emergency based on a 
                disturbance or threatened disturbance of the 
                international relations of the United States related to 
                Cuba, and,

                WHEREAS the descriptions of the national emergency set 
                forth in Proclamations 6867 and 7757 no longer reflect 
                the international relations of the United States 
                related to Cuba;

                WHEREAS longstanding U.S. policy towards Cuba had, at 
                times, tended to isolate the United States from 
                regional and international partners, constrained our 
                ability to influence outcomes throughout the Western 
                Hemisphere, and impaired the use of the full range of 
                tools available to the United States to promote 
                positive change in Cuba;

                WHEREAS the following descriptions accurately describe 
                the national emergency with respect to Cuba;

                WHEREAS the United States and Cuba reestablished 
                diplomatic relations and opened embassies in each 
                other's capitals on July 20, 2015, and the United 
                States continues to pursue the progressive 
                normalization of relations while aspiring towards a 
                peaceful, prosperous, and democratic Cuba;

                WHEREAS the United States has committed to work with 
                the Government of Cuba on matters of mutual concern 
                that advance U.S. national interests, such as 
                migration, human rights, counter-narcotics, 
                environmental protection, and trafficking in persons, 
                among other issues;

                WHEREAS the United States is committed to supporting 
                safe, orderly, and legal migration from Cuba through 
                the effective implementation of the 1994-95 U.S.-Cuba 
                Migration Accords;

                WHEREAS the Cuban economy is in a relatively weak 
                state, contributing to an outflow of its nationals 
                towards the United States and neighboring countries;

                WHEREAS the overarching objective of U.S. policy is 
                stability in the region, and the outflow of Cuban 
                nationals may have a destabilizing effect on the United 
                States and its neighboring countries;

                WHEREAS it is United States policy that a mass 
                migration from Cuba would endanger the security of the 
                United States by posing a disturbance or threatened 
                disturbance of the international relations of the 
                United States;

                WHEREAS the United States continues to maintain an 
                embargo with respect to Cuba;

                WHEREAS the unauthorized entry of vessels subject to 
                the jurisdiction of the United States into Cuban 
                territorial waters is in violation of U.S. law and 
                contrary to U.S. policy;

[[Page 9738]]

                WHEREAS the unauthorized entry of United States-
                registered vessels into Cuban territorial waters is 
                detrimental to the foreign policy of the United States, 
                and counter to the purpose of Executive Order 12807, 
                which is to ensure, among other things, safe, orderly, 
                and legal migration;

                WHEREAS the possibility of large-scale unauthorized 
                entries of United States-registered vessels would 
                disturb the international relations of the United 
                States by facilitating a possible mass migration of 
                Cuban nationals;

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by the authority vested in me 
                by the Constitution and the laws of the United States 
                of America, including section 1 of title II of Public 
                Law 65-24, ch. 30, June 15, 1917, as amended (50 U.S.C. 
                191), sections 201, 202, and 301 of the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), and section 
                301 of title 3, United States Code, in order to modify 
                the scope of the national emergency declared in 
                Proclamations 6867 and 7757, and to secure the 
                observance of the rights and obligations of the United 
                States, hereby continue the national emergency with 
                regard to Cuba as set forth above and authorize and 
                direct the Secretary of Homeland Security (the 
                ``Secretary'') to make and issue such rules and 
                regulations as the Secretary may find appropriate to 
                regulate the anchorage and movement of vessels, and 
                authorize and approve the Secretary's issuance of such 
                rules and regulations, as authorized by the Act of June 
                15, 1917. Accordingly, I hereby direct:

                Section 1. The Secretary may make rules and regulations 
                governing the anchorage and movement of any vessel, 
                foreign or domestic, in the territorial waters of the 
                United States, which may be used, or is susceptible of 
                being used, for voyage into Cuban territorial waters 
                and that may create unsafe conditions, or result in 
                unauthorized transactions, and thereby threaten a 
                disturbance of international relations. Any rule or 
                regulation issued pursuant to this proclamation may be 
                effective immediately upon issuance as such rule or 
                regulation shall involve a foreign affairs function of 
                the United States.

                Sec. 2. The Secretary is authorized, to the extent 
                consistent with international law, to inspect any 
                vessel, foreign or domestic, in the territorial waters 
                of the United States, at any time; to place guards on 
                any such vessel; and, with my consent expressly hereby 
                granted, take full possession and control of any such 
                vessel and remove the officers and crew and all other 
                persons not specifically authorized by the Secretary to 
                go or remain on board the vessel when necessary to 
                secure the rights and obligations of the United States.

                Sec. 3. The Secretary may request assistance from such 
                departments, agencies, officers, or instrumentalities 
                of the United States as the Secretary deems necessary 
                to carry out the purposes of this proclamation. Such 
                departments, agencies, officers, or instrumentalities 
                shall, consistent with other provisions of law and to 
                the extent practicable, provide requested assistance.

                Sec. 4. The Secretary may seek assistance from State 
                and local authorities in carrying out the purposes of 
                this proclamation. Because State and local assistance 
                may be essential for an effective response to this 
                emergency, I urge all State and local officials to 
                cooperate with Federal authorities and to take all 
                actions within their lawful authority necessary to 
                prevent the unauthorized departure of vessels intending 
                to enter Cuban territorial waters.

                Sec. 5. All powers and authorities delegated by this 
                proclamation to the Secretary may be delegated by the 
                Secretary to other officers and agents of the United 
                States Government unless otherwise prohibited by law.

                Sec. 6. Any provisions of Proclamation 6867 of March 1, 
                1996, and expanded by Proclamation 7757 of February 26, 
                2004, that are inconsistent with the provisions of this 
                proclamation are superseded to the extent of such 
                inconsistency.

[[Page 9739]]

                Sec. 7. This proclamation shall be immediately 
                transmitted to the Congress and published in the 
                Federal Register.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-fourth day of February, in the year of our Lord 
                two thousand sixteen, and of the Independence of the 
                United States of America the two hundred and fortieth.
                
                
                    (Presidential Sig.)

[FR Doc. 2016-04289
Filed 2-24-16; 11:15 am]
Billing code 3295-F6-P

$9737 Federal Register Presidential Documents Vol. 81, No. 37 Thursday, February 25, 2016 Title 3— Proclamation 9398 of February 24, 2016 The President Modifying and Continuing the National Emergency With Re- spect to Cuba and Continuing To Authorize the Regulation of the Anchorage and Movement of Vessels By the President of the United States of America A Proclamation By the authority vested in me by the Constitution and the laws of the United States of America, in order to modify and continue the national emergency declared in Proclamation 6867 of March 1, 1996, and expanded by Proclamation 7757 of February 26, 2004, in light of the need to continue the national emergency based on a disturbance or threatened disturbance of the international relations of the United States related to Cuba, and, WHEREAS the descriptions of the national emergency set forth in Proclama- tions 6867 and 7757 no longer reflect the international relations of the United States related to Cuba; WHEREAS longstanding U.S. policy towards Cuba had, at times, tended to isolate the United States from regional and international partners, con- strained our ability to influence outcomes throughout the Western Hemi- sphere, and impaired the use of the full range of tools available to the United States to promote positive change in Cuba; WHEREAS the following descriptions accurately describe the national emer- gency with respect to Cuba; WHEREAS the United States and Cuba reestablished diplomatic relations and opened embassies in each other’s capitals on July 20, 2015, and the United States continues to pursue the progressive normalization of relations while aspiring towards a peaceful, prosperous, and democratic Cuba; WHEREAS the United States has committed to work with the Government of Cuba on matters of mutual concern that advance U.S. national interests, such as migration, human rights, counter-narcotics, environmental protection, and trafficking in persons, among other issues; WHEREAS the United States is committed to supporting safe, orderly, and legal migration from Cuba through the effective implementation of the 1994– 95 U.S.-Cuba Migration Accords; WHEREAS the Cuban economy is in a relatively weak state, contributing to an outflow of its nationals towards the United States and neighboring countries; WHEREAS the overarching objective of U.S. policy is stability in the region, and the outflow of Cuban nationals may have a destabilizing effect on the United States and its neighboring countries; asabaliauskas on DSK9F6TC42PROD with PROPOSALS WHEREAS it is United States policy that a mass migration from Cuba would endanger the security of the United States by posing a disturbance or threatened disturbance of the international relations of the United States; WHEREAS the United States continues to maintain an embargo with respect to Cuba; WHEREAS the unauthorized entry of vessels subject to the jurisdiction of the United States into Cuban territorial waters is in violation of U.S. law and contrary to U.S. policy; VerDate Sep<11>2014 20:30 Feb 24, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\25FED0.SGM 25FED0$

9738 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Presidential Documents

WHEREAS the unauthorized entry of United States-registered vessels into
Cuban territorial waters is detrimental to the foreign policy of the United
States, and counter to the purpose of Executive Order 12807, which is
to ensure, among other things, safe, orderly, and legal migration;
WHEREAS the possibility of large-scale unauthorized entries of United States-
registered vessels would disturb the international relations of the United
States by facilitating a possible mass migration of Cuban nationals;
NOW, THEREFORE, I, BARACK OBAMA, President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States of America, including section 1 of title II of
Public Law 65–24, ch. 30, June 15, 1917, as amended (50 U.S.C. 191),
sections 201, 202, and 301 of the National Emergencies Act (50 U.S.C.
1601 et seq.), and section 301 of title 3, United States Code, in order
to modify the scope of the national emergency declared in Proclamations
6867 and 7757, and to secure the observance of the rights and obligations
of the United States, hereby continue the national emergency with regard
to Cuba as set forth above and authorize and direct the Secretary of Homeland
Security (the ‘‘Secretary’’) to make and issue such rules and regulations
as the Secretary may find appropriate to regulate the anchorage and move-
ment of vessels, and authorize and approve the Secretary’s issuance of
such rules and regulations, as authorized by the Act of June 15, 1917.
Accordingly, I hereby direct:
Section 1. The Secretary may make rules and regulations governing the
anchorage and movement of any vessel, foreign or domestic, in the territorial
waters of the United States, which may be used, or is susceptible of being
used, for voyage into Cuban territorial waters and that may create unsafe
conditions, or result in unauthorized transactions, and thereby threaten a
disturbance of international relations. Any rule or regulation issued pursuant
to this proclamation may be effective immediately upon issuance as such
rule or regulation shall involve a foreign affairs function of the United
States.
Sec. 2. The Secretary is authorized, to the extent consistent with international
law, to inspect any vessel, foreign or domestic, in the territorial waters
of the United States, at any time; to place guards on any such vessel;
and, with my consent expressly hereby granted, take full possession and
control of any such vessel and remove the officers and crew and all other
persons not specifically authorized by the Secretary to go or remain on
board the vessel when necessary to secure the rights and obligations of
the United States.
Sec. 3. The Secretary may request assistance from such departments, agencies,
officers, or instrumentalities of the United States as the Secretary deems
necessary to carry out the purposes of this proclamation. Such departments,
agencies, officers, or instrumentalities shall, consistent with other provisions
of law and to the extent practicable, provide requested assistance.
Sec. 4. The Secretary may seek assistance from State and local authorities
in carrying out the purposes of this proclamation. Because State and local
assistance may be essential for an effective response to this emergency,
I urge all State and local officials to cooperate with Federal authorities
and to take all actions within their lawful authority necessary to prevent
the unauthorized departure of vessels intending to enter Cuban territorial
waters.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS

Sec. 5. All powers and authorities delegated by this proclamation to the
Secretary may be delegated by the Secretary to other officers and agents
of the United States Government unless otherwise prohibited by law.
Sec. 6. Any provisions of Proclamation 6867 of March 1, 1996, and expanded
by Proclamation 7757 of February 26, 2004, that are inconsistent with the
provisions of this proclamation are superseded to the extent of such inconsist-
ency.

VerDate Sep<11>2014 20:30 Feb 24, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\25FED0.SGM 25FED0

Document Created: 2018-02-02 14:35:27
Document Modified: 2018-02-02 14:35:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		81 FR 9737