[House Document 115-96]
[From the U.S. Government Publishing Office]




115th Congress, 2d Session - - - - - - - - - - House Document 115-96
 
 MODIFYING AND CONTINUING THE NATIONAL EMERGENCY WITH RESPECT TO CUBA 
    AND CONTINUING TO AUTHORIZE THE REGULATION OF THE ANCHORAGE AND 
                          MOVEMENT OF VESSELS

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A NOTIFICATION 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, 
  PURSUANT TO 50 U.S.C. 1622(d); PUBLIC LAW 94-412, SEC. 202(d); (90 
                              STAT. 1257)

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 February 23, 2018.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
 
 
                         
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-011                         WASHINGTON : 2018 
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                 Washington, DC, February 22, 2018.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic 
termination of a national emergency unless, within 90 days 
before the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress 
a notice stating that the emergency is to continue in effect 
beyond the anniversary date. In accordance with this provision, 
I have sent to the Federal Register for publication the 
enclosed Proclamation stating that the national emergency with 
respect to Cuba that was declared on March 1, 1996, in 
Proclamation 6867, as amended by Proclamation 7757 on February 
26, 2004, and Proclamation 9398 on February 24, 2016, is to 
continue in effect beyond February 25, 2018, as modified by the 
enclosed Proclamation.
    It continues to be the policy of the United States that a 
mass migration from Cuba would endanger the security of the 
United States by posing a disturbance or threatened disturbance 
to our international relations. 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 is contrary to the policy of the United 
States. Further, the unauthorized entry of United States-
registered vessels into Cuban territorial waters continues to 
be detrimental to our foreign policy 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. 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. For these reasons, I have 
determined that it is necessary to continue the national 
emergency declared with respect to Cuba and the emergency 
authority relating to the regulation of the anchorage and 
movement of vessels set out in Proclamation 6867 as amended by 
Proclamations 7757 and 9398, and as further modified by the 
enclosed Proclamation.
            Sincerely,
                                                   Donald J. Trump.

 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 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.
    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.
                                                   Donald J. Trump.

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