[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Presidential Documents]
[Pages 9515-9517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4634]


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                         Presidential Documents 
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  Federal Register / Vol. 69, No. 40 / Monday, March 1, 2004 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 9515]]

                Proclamation 7757 of February 26, 2004

                
Expanding the Scope of the National Emergency and 
                Invocation of Emergency Authority Relating to the 
                Regulation of the Anchorage and Movement of Vessels 
                into Cuban Territorial Waters

                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 
                expand the scope of the national emergency declared in 
                Proclamation 6867 of March 1, 1996, based on the 
                disturbance or threatened disturbance of the 
                international relations of the United States caused by 
                actions taken by the Cuban government, and in light of 
                steps taken over the past year by the Cuban government 
                to worsen the threat to United States international 
                relations, and,

                WHEREAS the United States has determined that Cuba is a 
                state-sponsor of terrorism and it is subject to the 
                restrictions of section 6(j)(1)(A) of the Export 
                Administration Act of 1979, section 620A of the Foreign 
                Assistance Act of 1961, and section 40 of the Arms 
                Export Control Act;

                WHEREAS the Cuban government has demonstrated a ready 
                and reckless willingness to use excessive force, 
                including deadly force, against U.S. citizens, in the 
                ostensible enforcement of its sovereignty, including 
                the February 1996 shoot-down of two unarmed U.S.-
                registered civilian aircraft in international airspace, 
                resulting in the deaths of three American citizens and 
                one other individual;

                WHEREAS the Cuban government has demonstrated a ready 
                and reckless willingness to use excessive force, 
                including deadly force, against U.S. citizens and its 
                own citizens, including on July 13, 1995, when persons 
                in U.S.-registered vessels that entered into Cuban 
                territorial waters suffered injury as a result of the 
                reckless use of force against them by the Cuban 
                military, and including the July 1994 sinking of an 
                unarmed Cuban-registered vessel, resulting in the 
                deaths of 41 Cuban citizens;

                WHEREAS the Cuban government has impounded U.S.-
                registered vessels in Cuban ports and forced the 
                owners, as a condition of release, to violate U.S. law 
                by requiring payments to be made to the Cuban 
                government;

                WHEREAS the entry of any U.S.-registered vessels into 
                Cuban territorial waters could 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 of international 
                relations;

                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 objectives of U.S. policy regarding Cuba 
                are the end of the dictatorship and a rapid, peaceful 
                transition to a representative democracy respectful of 
                human rights and characterized by an open market 
                economic system;

[[Page 9516]]

                WHEREAS a critical initiative by the United States to 
                advance these U.S. objectives is to deny resources to 
                the repressive Cuban government, resources that may be 
                used by that government to support terrorist activities 
                and carry out excessive use of force against innocent 
                victims, including U.S. citizens;

                WHEREAS the unauthorized entry of U.S.-registered 
                vessels into Cuban territorial waters is detrimental to 
                the foreign policy of the United States, which is to 
                deny monetary and material support to the repressive 
                Cuban government, and, therefore, such unauthorized 
                entries threaten to disturb the international relations 
                of the United States by facilitating the Cuban 
                government's support of terrorism, use of excessive 
                force, and continued existence;

                WHEREAS the Cuban government has over the course of its 
                45-year existence repeatedly used violence and the 
                threat of violence to undermine U.S. policy interests. 
                This same regime continues in power today, and has 
                since 1959 maintained a pattern of hostile actions 
                contrary to U.S. policy interests. Among other things, 
                the Cuban government established a military alliance 
                with the Soviet Union, and invited Soviet forces to 
                install nuclear missiles in Cuba capable of attacking 
                the United States, and encouraged Soviet authorities to 
                use those weapons against the United States; it engaged 
                in military adventurism in Africa; and it helped to 
                form and provide material and political support to 
                terrorist organizations that sought the violent 
                overthrow of democratically elected governments in 
                Central America and elsewhere in the hemisphere allied 
                with the United States, thereby causing repeated 
                disturbances of U.S. international relations;

                WHEREAS the Cuban government has recently and over the 
                last year taken a series of steps to destabilize 
                relations with the United States, including threatening 
                to abrogate the Migration Accords with the United 
                States and to close the U.S. Interests Section, and 
                Cuba's most senior officials repeatedly asserting that 
                the United States intended to invade Cuba, despite 
                explicit denials from the U.S. Secretaries of State and 
                Defense that such action is planned, thereby causing a 
                sudden and worsening disturbance of U.S. international 
                relations;

                WHEREAS U.S. concerns about these unforeseen Cuban 
                government actions that threaten to disturb 
                international relations were sufficiently grave that on 
                May 8, 2003, the United States warned the Cuban 
                government that political manipulations that resulted 
                in a mass migration would be viewed as a ``hostile 
                act;''

                NOW, THEREFORE, I, GEORGE W. BUSH, 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, in order to expand the scope of 
                the national emergency declared in Proclamation 6867 of 
                March 1, 1996, and to secure the observance of the 
                rights and obligations of the United States, hereby 
                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.

                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.

[[Page 9517]]

                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. Any provisions of Proclamation 6867 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-sixth day of February, in the year of our Lord 
                two thousand four, and of the Independence of the 
                United States of America the two hundred and twenty-
                eighth.

                    (Presidential Sig.)B

[FR Doc. 04-4634
Filed 2-27-04; 8:45 am]
Billing code 3195-01-P