[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9398 of 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;

[[Page 3121]]

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 regu

[[Page 3122]]

lations, 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