[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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;

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118 STAT. 4105

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.

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118 STAT. 4106

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 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.
GEORGE W. BUSH
PROCLAMATION 7758--MAR. 1, 2004

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118 STAT. 4107