[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9699 of February 22, 2018

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

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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 regula

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tion 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