[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.