[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Presidential Documents]
[Pages 8843-8844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5306]




[[Page 8841]]

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Part X





The President





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Proclamation 6867--Declaration of a National Emergency and Invocation 
of Emergency Authority Relating to the Regulation of the Anchorage and 
Movement of Vessels
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  Federal Register / Vol. 61, No. 44 / Tuesday, March 5, 1996 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 8843]]

                Proclamation 6867 of 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. 

                
[[Page 8844]]


                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.

                    (Presidential Sig.)

[FR Doc. 96-5306
Filed 3-4-96; 8:45 am]
Billing code 3195-01-P