83 FR 8161 - 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 83, Issue 37 (February 23, 2018)

[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Presidential Documents]
[Pages 8161-8163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03962]




                        Presidential Documents 



Federal Register / Vol. 83 , No. 37 / Friday, February 23, 2018 / 
Presidential Documents

[[Page 8161]]


                Proclamation 9699 of February 22, 2018

                
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

                In order to modify and continue the ongoing national 
                emergency declared in Proclamation 6867 of March 1, 
                1996, expanded by Proclamation 7757 of February 26, 
                2004, and modified by Proclamation 9398 of February 24, 
                2016, 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 it is the policy of the United States that a 
                mass migration from Cuba would endanger our security by 
                posing a disturbance or threatened disturbance of the 
                international relations of the United States;

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

                WHEREAS the overarching objective of our policy is 
                stability with our immediate neighboring countries and 
                an outflow of Cuban nationals may have a destabilizing 
                effect on the United States and its neighboring 
                countries;

                WHEREAS it is the policy of the United States to ensure 
                that engagement between the United States and Cuba 
                advances the interests of the United States and of the 
                Cuban people as described in National Security 
                Presidential Memorandum-5 of June 16, 2017 
                (Strengthening the Policy of the United States Toward 
                Cuba);

                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 the law of the 
                United States and contrary to the policy of the United 
                States;

                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 of 
                May 24, 1992, 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 into Cuban 
                territorial waters would disturb the international 
                relations of the United States by facilitating a 
                possible mass migration of Cuban nationals;

                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 
                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

[[Page 8162]]

                6867, 7757, and 9398, and to secure the observance of 
                the rights and obligations of the United States, hereby 
                continue the national emergency declared in 
                Proclamations 6867, 7757, and 9398, 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 
                delegate to the Secretary my authority to approve such 
                rules and regulations, as authorized by the Act of June 
                15, 1917. Accordingly, I hereby direct as follows:

                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, that 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, thereby threatening a 
                disturbance of international relations. A rule or 
                regulation issued pursuant to this proclamation may be 
                effective immediately upon issuance if it involves 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 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 the assistance requested.

                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 consistent with applicable law.

                Sec. 6. Any provisions of Proclamations 6867, 7757, or 
                9398 that are inconsistent with the provisions of this 
                proclamation are superseded to the extent of such 
                inconsistency.

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

[[Page 8163]]

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

[FR Doc. 2018-03962
Filed 2-22-18; 2:00 pm]
Billing code 3295-F8-P