[House Document 114-102]
[From the U.S. Government Publishing Office]





                                     

114th Congress, 2d Session - - - - - - - - - - House Document 114-102
 
CONTINUATION OF AND MODIFICATION TO THE NATIONAL EMERGENCY WITH RESPECT 
                                TO CUBA

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A PROCLAMATION TO MODIFY AND CONTINUE THE NATIONAL EMERGENCY DECLARED 
 IN PROCLAMATIONS 6867 AND 7757, PURSUANT TO 50 U.S.C. 1622(d); PUBLIC 
LAW 94-412, SEC. 202(d); (90 STAT. 1257) AND 50 U.S.C. 1621(a); PUBLIC 
 LAW 94-412, SEC. 201(a); (90 STAT. 1255); AND 50 U.S.C. 1631; PUBLIC 
                 LAW 94-412, SEC. 301; (90 STAT. 1257)

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


  February 24, 2016.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    Pursuant to the authority vested in me by the Constitution 
and the laws of the United States, 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, I hereby report that I have issued 
a Proclamation to modify and continue the national emergency 
declared in Proclamations 6867 and 7757.
    The Proclamation recognizes that certain 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. Further, the Proclamation recognizes 
the reestablishment of diplomatic relations between the United 
States and Cuba, and that the United States continues to pursue 
the progressive normalization of relations while aspiring 
toward a peaceful, prosperous, and democratic Cuba.
    The Proclamation clarifies the national emergency related 
to Cuba and specifically provides the following statements 
related to U.S. national security and foreign policy:
           It is U.S. 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.
           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.
           The unauthorized entry of U.S.-registered 
        vessels into Cuban territorial waters is detrimental to 
        U.S. foreign policy, and counter to the purpose of 
        Executive Order 12807, which is to ensure, among other 
        things, safe, orderly, and legal migration.
           The possibility of large-scale unauthorized 
        entries of U.S. registered vessels would disturb the 
        international relations of the United States by 
        facilitating a possible mass migration of Cuban 
        nationals.
    I have directed 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.
    I am enclosing a copy of the Proclamation I have issued.

                                                      Barack Obama.
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
    The White House, 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;
    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.
    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.
                                                      Barack Obama.

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