[House Document 104-181]
[From the U.S. Government Publishing Office]



                                     

        104th Congress, 2d Session - - - - - - - - - - - - House 
Document 104-181


 
         DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO CUBA

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

NOTIFICATION OF HIS DECLARATION OF A NATIONAL EMERGENCY AND INVOCATION 
OF EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE AND 
 MOVEMENT OF VESSELS, PURSUANT TO 50 U.S.C. 191 AND 50 U.S.C. 1601 ET 
                                  SEQ.

 


    March 4, 1996.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    Pursuant to section 1 of title II of Public Law 65-24, ch. 
30, 50 U.S.C. 191 and sections 201 and 301 of the National 
Emergencies Act, 50 U.S.C. 1601 et seq., United States Code, I 
hereby report that I have exercised my statutory authority to 
declare a national emergency in response to the Government of 
Cuba's destruction of two unarmed U.S.-registered civilian 
aircraft in international airspace north of Cuba.
    In the proclamation (copy attached), I have authorized and 
directed the Secretary of Transportation to make and issue such 
rules and regulations that the Secretary may find appropriate 
to prevent unauthorized U.S. vessels from entering Cuban 
territorial waters.
    I have authorized these rules and regulations as a result 
of the Government of Cuba's demonstrated willingness to use 
reckless force, including deadly force, in the ostensible 
enforcement of its sovereignty. I have determined that the 
unauthorized departure of vessels intending to enter Cuban 
territorial waters could jeopardize the safety of certain U.S. 
citizens and other persons residing in the United States and 
threaten a disturbance of international relations. I have, 
accordingly, declared a national emergency in response to these 
threats.

                                                William J. Clinton.
    The White House, March 1, 1996.
    Declaration of a National Emergency and Invocation of Emergency 
 Authority Relating to the Regulation of the Anchorage and Movement of 
                                Vessels

                              ----------                              


            By the President of the United States of America

                             A Proclamation

    WHEREAS, on February 24, 1996, Cuban military aircraft 
intercepted and destroyed two unarmed U.S.-registered civilian 
aircraft in international airspace north of Cuba;
    WHEREAS the Government of Cuba has demonstrated a ready and 
reckless willingness to use excessive force, including deadly 
force, in the ostensible enforcement of its sovereignty;
    WHEREAS, on July 13, 1995, persons in U.S.-registered 
vessels who entered into Cuban territorial waters suffered 
injury as a result of the reckless use of force against them by 
the Cuban military; and
    WHEREAS the entry of U.S.-registered vessels into Cuban 
territorial waters could again result in injury to, or loss of 
life of, persons engaged in that conduct, due to the potential 
use of excessive force, including deadly force, against them by 
the Cuban military, and could threaten a disturbance in 
international relations;
    NOW, THEREFORE, I, WILLIAM J. CLINTON, 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 and 301 
of the National Emergencies Act (50 U.S.C. 1601 et seq.), and 
section 301 of title 3, United States Code, find and do hereby 
proclaim that a national emergency does exist by reason of a 
disturbance or threatened disturbance of international 
relations. In order to address this national emergency and to 
secure the observance of the rights and obligations of the 
United States, I hereby authorize and direct the Secretary of 
Transportation (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.
    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 
and 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 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. 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 first 
day of March, in the year of our Lord nineteen hundred and 
ninety-six, and of the Independence of the United States of 
America the two hundred and twentieth.

                                                William J. Clinton.

                                
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