[Weekly Compilation of Presidential Documents Volume 32, Number 9 (Monday, March 4, 1996)]
[Pages 394-395]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 6867--Declaration of a National Emergency and Invocation of 
Emergency Authority Relating to the Regulation of the Anchorage and 
Movement of Vessels

March 1, 1996

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.
    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.

[[Page 395]]

    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.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 8:45 a.m., March 4, 
1996]

Note: This proclamation will be published in the Federal Register on 
March 5.