[Weekly Compilation of Presidential Documents Volume 40, Number 9 (Monday, March 1, 2004)]
[Pages 297-299]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 7757--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

 February 26, 2004

 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

[[Page 298]]

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;
     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 299]]

    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

 [Filed with the Office of the Federal Register, 8:45 a.m., February 27, 
2004]

Note: This proclamation was published in the Federal Register on March 
1. The Office of the Press Secretary also released a Spanish language 
version of this proclamation.