Bush prolonga dos medidas de excepción respecto a Cuba
Agence France Presse
WASHINGTON
El presidente estadounidense George W. Bush decidió prolongar la
aplicación de dos decretos respecto a Cuba, uno que deja sin efecto una
sección de la Ley Helms-Burton (1996) para permitir a compañías extranjeras
operar en Cuba, y otro respecto al control de barcos.
La sección III de la ley Helms-Burton, aprobada en 1996 para reforzar las
sanciones contra el régimen castrista, autorizaba la presentación de
demandas en Estados Unidos contra toda aquella compañía extranjera que
operara algún negocio que afectara a propiedades estadounidenses en la isla
anteriores a la Revolución, o de cubano estadounidenses.
Esa posibilidad despertó una gran controversia internacional, y el
entonces presidente Bill Clinton la derogó durante seis meses. Esa
derogación ha venido siendo renovada desde entonces.
El presidente Bush, que deja el cargo el próximo martes, decidió
derogarla de nuevo a partir del 1ro de febrero, explicó el comunicado de la
Casa Blanca.
La derogación es "necesaria para los intereses nacionales de Estados
Unidos'', señaló el texto.
La otra medida presidencial, en cambio, prolonga "el estado de emergencia''
también adoptado en 1996 y que permite a Estados Unidos controlar y apresar
cualquier navío que provenga o se dirija a las aguas cubanas y que sea
considerado un peligro para Estados Unidos.
La Ley Helms-Burton y la Proclamación 6867 fueron emitidas tras la crisis
desatada por el derribo de dos aviones del exilio cubano en el espacio aéreo
cubano. La proclamación establece la llamada "zona de seguridad'' del
estrecho de la Florida
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;
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.
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.
Text of Presidential Proclamation 6867 -
Federal Register
-CITE-
50 USC CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF
UNITED STATES
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
CHAPTER 12 - VESSELS IN TERRITORIAL
WATERS OF UNITED STATES
-MISC1-
Sec.
191. Regulation of
anchorage and movement of vessels during
national emergency.
191a. Transfer of
Secretary of Transportation's powers to
Secretary of Navy when Coast Guard operates as part
of Navy.
191b, 191c. Repealed.
192. Seizure and
forfeiture of vessel; fine and imprisonment.
(a) In general.
(b) Application to others.
(c) Civil penalty.
(d) In rem liability.
(e) Withholding of clearance.
193. Repealed.
194. Enforcement
provisions.
195. Definitions.
196. Emergency
foreign vessel acquisition; purchase or requisition of vessels lying idle in
United States waters.
197. Voluntary
purchase or charter agreements.
198. Requisitioned
vessels.
(a) Documentation of vessels.
(b) Waiver of compliance.
(c) Coastwise trade; inspection.
(d) Reconditioning of vessels.
(e) Effective period.
(f) "Documented" defined.
-End-
-CITE-
50 USC Sec. 191
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 191. Regulation of anchorage and movement of vessels
during
national emergency
-STATUTE-
Whenever the President by proclamation or
Executive order
declares a national emergency to exist by reason of actual or
threatened war, insurrection, or invasion, or disturbance or
threatened disturbance of the international relations of the
United
States, or whenever the Attorney General determines that an
actual
or anticipated mass migration of aliens en route to, or
arriving
off the coast of, the United States presents urgent
circumstances
requiring an immediate Federal response, the Secretary of
Transportation may make, subject to the approval of the
President,
rules and regulations governing the anchorage and movement of
any
vessel, foreign or domestic, in the territorial waters of the
United States, may inspect such vessel at any time, place
guards
thereon, and, if necessary in his opinion in order to secure
such
vessels from damage or injury, or to prevent damage or injury
to
any harbor or waters of the United States, or to secure the
observance of the rights and obligations of the United
States, may
take, by and with the consent of the President, for such
purposes,
full possession and control of such vessel and remove
therefrom the
officers and crew thereof and all other persons not specially
authorized by him to go or remain on board thereof.
Whenever the President finds that the security of
the United
States is endangered by reason of actual or threatened war,
or
invasion, or insurrection, or subversive activity, or of
disturbances or threatened disturbances of the international
relations of the United States, the President is authorized
to
institute such measures and issue such rules and regulations
-
(a) to govern the anchorage and
movement of any foreign-flag
vessels in the territorial waters of the United
States, to
inspect such vessels at any time, to place guards
thereon, and,
if necessary in his opinion in order to secure
such vessels from
damage or injury, or to prevent damage or injury
to any harbor or
waters of the United States, or to secure the
observance of
rights and obligations of the United States, may
take for such
purposes full possession and control of such
vessels and remove
therefrom the officers and crew thereof, and all
other persons
not especially authorized by him to go or remain
on board
thereof;
(b) to safeguard against destruction,
loss, or injury from
sabotage or other subversive acts, accidents, or
other causes of
similar nature, vessels, harbors, ports, and
waterfront
facilities in the United States and all territory
and water,
continental or insular, subject to the
jurisdiction of the United
States.
The President may delegate the authority to issue such rules
and
regulations to the Secretary of the department in which the
Coast
Guard is operating. Any appropriation available to any of the
Executive Departments shall be available to carry out the
provisions of this title.(!1)
-SOURCE-
(June 15, 1917, ch. 30, title II, Sec. 1, 40 Stat. 220; Aug.
9,
1950, ch. 656, Sec. 1, 64 Stat. 427; Sept. 26, 1950, ch.
1049, Sec.
2(b), 64 Stat. 1038; Pub. L. 89-670, Sec. 6(b)(1), Oct. 15,
1966,
80 Stat. 938; Pub. L. 96-70, title III, Sec. 3302(a), Sept.
27,
1979, 93 Stat. 498; Pub. L. 104-208, div. C, title VI, Sec.
649,
Sept. 30, 1996, 110 Stat. 3009-711; Pub. L. 108-293, title
II, Sec.
223, Aug. 9, 2004, 118 Stat. 1040.)
-REFTEXT-
REFERENCES IN TEXT
This title, referred to in text, means title II
of act June 15,
1917, ch. 30, 40 Stat. 220, as amended, which enacted
sections 191
and 192 to 194 of this title. For complete classification of
title
II to the Code, see Tables.
-MISC1-
AMENDMENTS
2004 - Pub. L. 108-293 inserted "The President
may delegate the
authority to issue such rules and regulations to the
Secretary of
the department in which the Coast Guard is operating." at
beginning
of concluding provisions.
1996 - Pub. L. 104-208, in first par., inserted
"or whenever the
Attorney General determines that an actual or anticipated
mass
migration of aliens en route to, or arriving off the coast
of, the
United States presents urgent circumstances requiring an
immediate
Federal response," after "international relations of the
United
States,".
1979 - Pub. L. 96-70 struck out second par.,
providing that
within the territory and waters of the Canal Zone the
Governor of
the Canal Zone, with the approval of the President, shall
exercise
all the powers conferred by this section on the Secretary of
the
Treasury, and in cl. (b) of third par., struck out "the Canal
Zone," after "facilities in the United States,".
1950 - Act Sept. 26, 1950, substituted "Governor
of the Canal
Zone" for "Governor of the Panama Canal" in second par.
Act Aug. 9, 1950, authorized the President to
institute such
rules and regulations to control anchorage and movement of
foreign-
flag vessels in United States waters when the national
security is
endangered.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-70 effective Oct. 1,
1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note
under
section 3601 of Title 22, Foreign Relations and Intercourse.
TERMINATION DATE OF 1950 AMENDMENT
Section 4 of act Aug. 9, 1950, provided that:
"The provisions of
this Act [amending this section and sections 192 and 194 of
this
title] shall expire on such date as may be specified by
concurrent
resolution of the two Houses of Congress."
TERMINATION OF WAR AND EMERGENCIES
Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451,
provided that
in the interpretation of this section, the date July 25,
1947,
shall be deemed to be the date of termination of any state of
war
theretofore declared by Congress and of the national
emergencies
proclaimed by the President on Sept. 8, 1939, and May 27,
1941.
REGULATIONS - POST-WAR GENERALLY
For regulations relating to safeguarding of
vessels, harbors,
ports, and waterfront facilities, under a finding that the
security
of the United States is endangered by reason of subversive
activity, see Ex. Ord. No. 10173, Oct. 18, 1950, 15 F.R.
7005.
REGULATIONS - WORLD WAR II
Proc. No. 2732, June 2, 1947, 12 F.R. 3583, 61
Stat. 1069,
revoked Proc. No. 2412, June 27, 1940, 5 F.R. 2419, 54 Stat.
2711,
which granted consent of President to the exercise of certain
powers under this section by the Secretary of the Treasury
and the
Governor of the Canal Zone.
REGULATIONS - WORLD WAR I
A proclamation was issued under this section on
December 3, 1917.
SEPARABILITY
Section 4 of title XIII of act June 15, 1917,
provided: "If any
clause, sentence, paragraph, or part of this Act [see Tables
for
classification] shall for any reason be adjudged by any court
of
competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof but shall
be
confined in its operation to the clause, sentence, paragraph,
or
part thereof directly involved in the controversy in which
such
judgment shall have been rendered."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions,
personnel, and assets of
the Coast Guard, including the authorities and functions of
the
Secretary of Transportation relating thereto, to the
Department of
Homeland Security, and for treatment of related references,
see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization
Plan of November 25, 2002, as modified, set out as a note
under
section 542 of Title 6.
"Secretary of Transportation" substituted for
"Secretary of the
Treasury" in first paragraph of text pursuant to section
6(b)(1) of
Pub. L. 89-670, which transferred Coast Guard to Department
of
Transportation and transferred to and vested in Secretary of
Transportation functions, powers, and duties, relating to
Coast
Guard, of Secretary of the Treasury and of other officers and
offices of Department of the Treasury. See section 108 of
Title 49,
Transportation.
DELEGATION OF FUNCTIONS
For delegation to Secretary of the Treasury of
authority vested
in President by this section, see section 2(e) of Ex. Ord.
No.
10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a
note
under section 301 of Title 3, The President.
-EXEC-
PROC. NO. 6867. DECLARATION OF NATIONAL EMERGENCY AND
INVOCATION OF
EMERGENCY AUTHORITY RELATING TO
REGULATION OF ANCHORAGE AND
MOVEMENT OF VESSELS
Proc. No. 6867, Mar. 1, 1996, 61 F.R. 8843,
provided:
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.) [50 U.S.C.
1621,
1631], 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 [see Tables for classification].
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.
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.
CONTINUATION OF NATIONAL EMERGENCY DECLARED
BY PROC. NO. 6867
Notice of President of the United States, dated
Jan. 10, 2006, 71
F.R. 2133, provided:
On March 1, 1996, by Proclamation 6867 [set out
above], a
national emergency was declared to address the disturbance or
threatened disturbance of international relations caused by
the
February 24, 1996, destruction by the Cuban government of two
unarmed U.S.-registered civilian aircraft in international
airspace
north of Cuba. In July 1996 and on subsequent occasions, the
Cuban
government stated its intent to forcefully defend its
sovereignty
against any U.S.-registered vessels or aircraft that might
enter
Cuban territorial waters or airspace while involved in a
flotilla
or peaceful protest. Since these events, the Cuban government
has
not demonstrated that it will refrain from the future use of
reckless and excessive force against U.S. vessels or aircraft
that
may engage in memorial activities or peaceful protest north
of
Cuba. On February 26, 2004, by Proclamation 7757 [set out
below],
the scope of the national emergency was expanded in order to
deny
monetary and material support to the repressive Cuban
government,
which had 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 United States
Interests Section.
Therefore, in accordance with section 202(d) of
the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the
national emergency with respect to Cuba and the emergency
authority
relating to the regulation of the anchorage and movement of
vessels
set out in Proclamation 6687 [6867], as amended and expanded
by
Proclamation 7757.
This notice shall be published in the Federal
Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency
declared by Proc. No.
6867 were contained in the following:
Notice of President of the United States, dated
Feb. 18, 2005, 70
F.R. 8919.
Notice of President of the United States, dated
Feb. 26, 2004, 69
F.R. 9513.
Notice of President of the United States, dated
Feb. 27, 2003, 68
F.R. 9849.
Notice of President of the United States, dated
Feb. 26, 2002, 67
F.R. 9387.
Notice of President of the United States, dated
Feb. 27, 2001, 66
F.R. 12841.
Notice of President of the United States, dated
Feb. 25, 2000, 65
F.R. 10929.
Notice of President of the United States, dated
Feb. 24, 1999, 64
F.R. 9903.
Notice of President of the United States, dated
Feb. 25, 1998, 63
F.R. 9923.
Notice of President of the United States, dated
Feb. 27, 1997, 62
F.R. 9347.
PROC. NO. 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
Proc. No. 7757, Feb. 26, 2004, 69 F.R. 9515,
provided:
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
[set out above], 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
[50
App. U.S.C. 2405(j)(1)(A)], section 620A of the Foreign
Assistance
Act of 1961 [22 U.S.C. 2371], and section 40 of the Arms
Export
Control Act [22 U.S.C. 2780];
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;
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.) [50 U.S.C. 1621, 1631], 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
[set out above], 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 [see Tables for
classification].
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 [set
out above] 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.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
50 USC Sec. 191a
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 191a. Transfer of Secretary of Transportation's powers
to
Secretary of Navy when Coast Guard operates as
part of Navy
-STATUTE-
When the Coast Guard operates as a part of the
Navy pursuant to
section 3 of title 14, the powers conferred on the Secretary
of
Transportation by section 191 of this title, shall vest in
and be
exercised by the Secretary of the Navy.
-SOURCE-
(Nov. 15, 1941, ch. 471, Sec. 2, 55 Stat. 763; Pub. L.
87-845, Sec.
11, Oct. 18, 1962, 76A Stat. 699; Pub. L. 89-670, Sec.
6(b)(1),
Oct. 15, 1966, 80 Stat. 938.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-845 substituted "section 3 of
title 14" for
"section 1 of title 14".
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-845 effective Jan. 2,
1963, see section
25 of Pub. L. 87-845, set out as a note under section 414 of
Title
28, Judiciary and Judicial Procedure.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions,
personnel, and assets of
the Coast Guard, including the authorities and functions of
the
Secretary of Transportation relating thereto, to the
Department of
Homeland Security, and for treatment of related references,
see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization
Plan of November 25, 2002, as modified, set out as a note
under
section 542 of Title 6.
"Secretary of Transportation" substituted in text
for "Secretary
of the Treasury" pursuant to section 6(b)(1) of Pub. L.
89-670,
which transferred Coast Guard to Department of Transportation
and
transferred to and vested in Secretary of Transportation
functions,
powers, and duties, relating to Coast Guard, of Secretary of
the
Treasury and of other officers and offices of Department of
the
Treasury. See section 108 of Title 49, Transportation.
-End-
-CITE-
50 USC Sec. 191b
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 191b. Repealed. Pub. L. 96-70, title III, Sec.
3303(a)(5),
Sept. 27, 1979, 93 Stat. 499
-MISC1-
Section, acts Nov. 15, 1941, ch. 471, Sec. 4, 55
Stat. 763; Sept.
26, 1950, ch. 1049, Sec. 2(b), 64 Stat. 1038; Oct. 18, 1962,
Pub.
L. 87-845, Sec. 12, 76A Stat. 699, provided that this
section,
section 191a of this title, and section 91 of title 14 not
affect
the authority of the Governor of the Canal Zone conferred by
section 191 of this title or section 34 of Title 2, Canal
Zone
Code.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70,
set out as an Effective Date note under section 3601 of Title
22,
Foreign Relations and Intercourse.
-End-
-CITE-
50 USC Sec. 191c
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 191c. Repealed. Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat.
561
-MISC1-
Section, act Nov. 15, 1941, ch. 471, Sec. 1, 55
Stat. 763,
related to control of anchorage and movement of vessels to
insure
safety of naval vessels. See section 91 of Title 14, Coast
Guard.
-End-
-CITE-
50 USC Sec. 192
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 192. Seizure and forfeiture of vessel; fine and
imprisonment
-STATUTE-
(a) In general
If any owner, agent, master, officer, or person
in charge, or any
member of the crew of any such vessel fails to comply with
any
regulation or rule issued or order given under the provisions
of
this title,(!1) or obstructs or interferes with the exercise
of any
power conferred by this title,(!1) the vessel, together with
her
tackle, apparel, furniture, and equipment, shall be subject
to
seizure and forfeiture to the United States in the same
manner as
merchandise is forfeited for violation of the customs revenue
laws;
and the person guilty of such failure, obstruction, or
interference
shall be punished by imprisonment for not more than ten years
and
may, in the discretion of the court, be fined not more than
$10,000.
(b) Application to others
If any other person knowingly fails to comply
with any regulation
or rule issued or order given under the provisions of this
title,(!1) or knowingly obstructs or interferes with the
exercise
of any power conferred by this title,(!1) he shall be
punished by
imprisonment for not more than ten years and may, at the
discretion
of the court, be fined not more than $10,000.
(c) Civil penalty
A person violating this title,(!1) or a
regulation prescribed
under this title,(!1) shall be liable to the United States
Government for a civil penalty of not more than $25,000 for
each
violation. Each day of a continuing violation shall
constitute a
separate violation.
(d) In rem liability
Any vessel that is used in violation of this
title,(!1) or of any
regulation issued under this title,(!1) shall be liable in
rem for
any civil penalty assessed pursuant to subsection (c) of this
section and may be proceeded against in the United States
district
court for any district in which such vessel may be found.
(e) Withholding of clearance
(1) In general
If any owner, agent, master, officer,
or person in charge of a
vessel is liable for a penalty or fine under
subsection (c) of
this section, or if reasonable cause exists to
believe that the
owner, agent, master, officer, or person in
charge may be subject
to a penalty or fine under this section, the
Secretary may, with
respect to such vessel, refuse or revoke any
clearance required
by section 91 of title 46, Appendix.
(2) Clearance upon filing of bond or other surety
The Secretary may require the filing
of a bond or other surety
as a condition of granting clearance refused or
revoked under
this subsection.
-SOURCE-
(June 15, 1917, ch. 30, title II, Sec. 2, 40 Stat. 220; Mar.
28,
1940, ch. 72, Sec. 3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471,
Sec.
3, 55 Stat. 763; Aug. 9, 1950, ch. 656, Sec. 3, 64 Stat. 428;
Pub.
L. 107-295, title I, Sec. 104(b), Nov. 25, 2002, 116 Stat.
2085;
Pub. L. 108-293, title VIII, Sec. 802(b), Aug. 9, 2004, 118
Stat.
1079.)
-REFTEXT-
REFERENCES IN TEXT
This title, referred to in subsecs. (a) to (d),
means title II of
act June 15, 1917, ch. 30, 40 Stat. 220, as amended, which
enacted
sections 191 and 192 to 194 of this title. For complete
classification of title II to the Code, see Tables.
-MISC1-
AMENDMENTS
2004 - Subsec. (c). Pub. L. 108-293, Sec.
802(b)(1), substituted
"title" for "Act" in two places.
Subsecs. (d), (e). Pub. L. 108-293, Sec.
802(b)(2), added
subsecs. (d) and (e).
2002 - Pub. L. 107-295 inserted subsec. headings,
designated
first par. as subsec. (a), redesignated former subsec. (a) as
(b),
and added subsec. (c).
1950 - Subsec. (a). Act Aug. 9, 1950, added
subsec. (a).
1941 - Act Nov. 15, 1941, struck out "by the
Secretary of the
Treasury or the Governor of the Panama Canal" before "under
the
provisions of this title".
1940 - Act Mar. 28, 1940, increased term of
imprisonment.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4
of act Aug. 9, 1950, set out as a note under section 191 of
this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
50 USC Sec. 193
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 193. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat.
862
-MISC1-
Section, acts June 15, 1917, ch. 30, title II,
Sec. 3, 40 Stat.
220; Mar. 28, 1940, ch. 72, Sec. 3(b), 54 Stat. 79, related
to
destruction of, injury to, or improper use of vessels. See
section
2274 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 1, 1948, see section 38 of
act June 25,
1948, set out as an Effective Date note preceding section 1
of
Title 28, Judiciary and Judicial Procedure.
-End-
-CITE-
50 USC Sec. 194
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 194. Enforcement provisions
-STATUTE-
The President may employ such departments,
agencies, officers, or
instrumentalities of the United States as he may deem
necessary to
carry out the purpose of this title.(!1)
-SOURCE-
(June 15, 1917, ch. 30, title II, Sec. 4, 40 Stat. 220; Aug.
9,
1950, ch. 656, Sec. 2, 64 Stat. 428.)
-REFTEXT-
REFERENCES IN TEXT
This title, referred to in text, means title II
of act June 15,
1917, ch. 30, 40 Stat. 220, as amended, which enacted
sections 191
and 192 to 194 of this title. For complete classification of
this
Act to the Code, see Tables.
-MISC1-
AMENDMENTS
1950 - Act Aug. 9, 1950, authorized President to
employ such
departments, agencies, etc., as he may deem necessary to
carry out
title II of act June 15, 1917.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4
of act Aug. 9, 1950, set out as a note under section 191 of
this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
50 USC Sec. 195
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 195. Definitions
-STATUTE-
In this Act:
(1) United states. - The term "United
States" includes all
territory and waters, continental or insular,
subject to the
jurisdiction of the United States.
(2) Territorial waters. - The term
"territorial waters of the
United States" includes all waters of the
territorial sea of the
United States as described in Presidential
Proclamation 5928 of
December 27, 1988.
-SOURCE-
(June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231;
Pub. L.
96-70, title III, Sec. 3302(b), Sept. 27, 1979, 93 Stat. 498;
Pub.
L. 107-295, title I, Sec. 104(a), Nov. 25, 2002, 116 Stat.
2085.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means act June 15,
1917, ch. 30,
40 Stat. 217, as amended. For complete classification of this
Act
to the Code, see Tables.
Presidential Proclamation 5928 of December 27,
1988, referred to
in par. (2), is set out as a note under section 1331 of Title
43,
Public Lands.
-COD-
CODIFICATION
Section was formerly classified to section 40 of
this title. In
the original this section defined "United States" as used in
act
June 15, 1917. Other provisions of that act were contained in
sections 31 to 42 of this title and certain sections of
former
Title 18, Criminal Code and Criminal Procedure. The
definition of
"United States" as used in present provisions derived from
those
former sections is covered by section 5 of Title 18, Crimes
and
Criminal Procedure.
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-295 added introductory
provisions, designated
existing provisions as par. (1), inserted heading, struck out
"as
used in this Act" before "includes", and added par. (2).
1979 - Pub. L. 96-70 struck out "the Canal Zone
and" after "this
Act includes".
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-70 effective Oct. 1,
1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note
under
section 3601 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
50 USC Sec. 196
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 196. Emergency foreign vessel acquisition; purchase or
requisition of vessels lying idle in United
States waters
-STATUTE-
During any period in which vessels may be
requisitioned under
section 1242 of title 46, Appendix, the President is
authorized and
empowered through the Secretary of Transportation to
purchase, or
to requisition, or for any part of such period to charter or
requisition the use of, or to take over the title to or
possession
of, for such use or disposition as he shall direct, any
merchant
vessel not owned by citizens of the United States which is
lying
idle in waters within the jurisdiction of the United States
and
which the President finds to be necessary to the national
defense.
Just compensation shall be determined and made to the owner
or
owners of any such vessel in accordance with the applicable
provisions of section 1242 of title 46, Appendix. Such
compensation
hereunder, or advances on account thereof, shall be deposited
with
the Treasurer of the United States in a separate deposit
fund.
Payments for such compensation and also for payment of any
valid
claim upon such vessel in accord with the provisions of the
second
paragraph of subsection (d) of section 1242 of title 46,
Appendix,
shall be made from such fund upon the certificate of the
Secretary
of Transportation.
-SOURCE-
(Aug. 9, 1954, ch. 659, Sec. 1, 68 Stat. 675; Pub. L. 96-70,
title
III, Sec. 3302(c), Sept. 27, 1979, 93 Stat. 498; Pub. L.
97-31,
Sec. 12(152), Aug. 6, 1981, 95 Stat. 167.)
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-31 substituted references to
Secretary of
Transportation for references to Secretary of Commerce
wherever
appearing.
1979 - Pub. L. 96-70 struck out ", including the
Canal Zone,"
after "jurisdiction of the United States".
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-70 effective Oct. 1,
1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note
under
section 3601 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
50 USC Sec. 197
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 197. Voluntary purchase or charter agreements
-STATUTE-
During any period in which vessels may be
requisitioned under
section 1242 of title 46, Appendix, the President is
authorized
through the Secretary of Transportation to acquire by
voluntary
agreement of purchase or charter the ownership or use of any
merchant vessel not owned by citizens of the United States.
-SOURCE-
(Aug. 9, 1954, ch. 659, Sec. 2, 68 Stat. 675; Pub. L. 97-31,
Sec.
12(152), Aug. 6, 1981, 95 Stat. 167.)
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-31 substituted "Secretary of
Transportation"
for "Secretary of Commerce".
-End-
-CITE-
50 USC Sec. 198
01/02/2006
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES
-HEAD-
Sec. 198. Requisitioned vessels
-STATUTE-
(a) Documentation of vessels
Any vessel not documented under the laws of the
United States,
acquired by or made available to the Secretary of
Transportation
under sections 196 to 198 of this title, or otherwise, may,
notwithstanding any other provision of law, in the discretion
of
the Secretary of the department in which the Coast Guard is
operating be documented as a vessel of the United States
under such
rules and regulations or orders, and with such limitations,
as the
Secretary of the department in which the Coast Guard is
operating
may prescribe or issue as necessary or appropriate to carry
out the
purposes and provisions of sections 196 to 198 of this title,
and
in accordance with the provisions of subsection (c) of this
section, engage in the coastwise trade when so documented.
Any
document issued to a vessel under the provisions of this
subsection
shall be surrendered at any time that such surrender may be
ordered
by the Secretary of the department in which the Coast Guard
is
operating. No vessel, the surrender of the documents of which
has
been so ordered, shall, after the effective date of such
order,
have the status of a vessel of the United States unless
documented
anew.
(b) Waiver of compliance
The President may, notwithstanding any other
provisions of law,
by rules and regulations or orders, waive compliance with any
provision of law relating to masters, officers, members of
the
crew, or crew accommodations on any vessel documented under
authority of this section to such extent and upon such terms
as he
finds necessary because of the lack of physical facilities on
such
vessels, and because of the need to employ aliens for their
operation. No vessel shall cease to enjoy the benefits and
privileges of a vessel of the United States by reason of the
employment of any person in accordance with the provisions of
this
subsection.
(c) Coastwise trade; inspection
Any vessel while documented under the provisions
of this section,
when chartered under sections 196 to 198 of this title by the
Secretary of Transportation to Government agencies or
departments
or to private operators, may engage in the coastwise trade
under
permits issued by the Secretary of Transportation, who is
authorized to issue permits for such purpose pursuant to such
rules
and regulations as he may prescribe. The Secretary of
Transportation is authorized to prescribe such rules and
regulations as he may deem necessary or appropriate to carry
out
the purposes and provisions of this section. The second
paragraph
of section 9 of the Shipping Act, 1916, as amended [46 App.
U.S.C.
808], shall not apply with respect to vessels chartered to
Government agencies or departments or to private operators or
otherwise used or disposed of under sections 196 to 198 of
this
title. Existing laws covering the inspection of steam vessels
are
made applicable to vessels documented under this section only
to
such extent and upon such conditions as may be required by
regulations of the Secretary of the department in which the
Coast
Guard is operating: Provided, That in determining to what
extent
those laws should be made applicable, due consideration shall
be
given to the primary purpose of transporting commodities
essential
to the national defense.
(d) Reconditioning of vessels
The Secretary of Transportation without regard to
the provisions
of section 5 of title 41 may repair, reconstruct, or
recondition
any vessels to be utilized under sections 196 to 198 of this
title.
The Secretary of Transportation and any other Government
department
or agency by which any vessel is acquired or chartered, or to
which
any vessel is transferred or made available under sections
196 to
198 of this title may, with the aid of any funds available
and
without regard to the provisions of said section 5 of title
41,
repair, reconstruct, or recondition any such vessels to meet
the
needs of the services intended, or provide facilities for
such
repair, reconstruction, or reconditioning. The Secretary of
Transportation may operate or charter for operation any
vessel to
be utilized under sections 196 to 198 of this title to
private
operators, citizens of the United States, or to any
department or
agency of the United States Government, without regard to the
provisions of title VII of the Merchant Marine Act, 1936 [46
App.
U.S.C. 1191 et seq.], and any department or agency of the
United
States Government is authorized to enter into such charters.
(e) Effective period
In case of any voyage of a vessel documented
under the provisions
of this section begun before the date of termination of an
effective period of section 196 of this title, but is
completed
after such date, the provisions of this section shall
continue in
effect with respect to such vessel until such voyage is
completed.
(f) "Documented" defined
When used in sections 196 to 198 of this title,
the term
"documented" means "registered", "enrolled and licensed", or
"licensed".
-SOURCE-
(Aug. 9, 1954, ch. 659, Sec. 3, 68 Stat. 675; Pub. L. 89-670,
Sec.
6(b)(1), (2), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97-31,
Sec.
12(152), Aug. 6, 1981, 95 Stat. 167.)
-REFTEXT-
REFERENCES IN TEXT
The Merchant Marine Act, 1936, referred to in
subsec. (d), is act
June 29, 1936, ch. 858, 49 Stat. 1985, as amended. Title VII
of the
Merchant Marine Act, 1936 is classified generally to
subchapter VII
(Sec. 1191 et seq.) of chapter 27 of Title 46, Appendix,
Shipping.
For complete classification of this Act to the Code, see
section
1245 of Title 46, Appendix, and Tables.
-MISC1-
AMENDMENTS
1981 - Subsecs. (a), (c), (d). Pub. L. 97-31
substituted
references to Secretary of Transportation for references to
Secretary of Commerce wherever appearing.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions,
personnel, and assets of
the Coast Guard, including the authorities and functions of
the
Secretary of Transportation relating thereto, to the
Department of
Homeland Security, and for treatment of related references,
see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization
Plan of November 25, 2002, as modified, set out as a note
under
section 542 of Title 6.
"Secretary of the department in which the Coast
Guard is
operating" substituted in subsec. (a) for "Secretary of the
Treasury" pursuant to section 6(b)(1), (2) of Pub. L. 89-670,
which
transferred Coast Guard to Department of Transportation and
transferred to and vested in Secretary of Transportation
functions,
powers, and duties, relating to Coast Guard, of Secretary of
the
Treasury and of all other officers and offices of Department
of the
Treasury, and which provided that notwithstanding such
transfer
Coast Guard shall operate as part of Navy in time of war or
when
President directs as provided in section 3 of Title 14, Coast
Guard. See section 108 of Title 49, Transportation.
DELEGATION OF FUNCTIONS
For delegation to Secretary of the Treasury of
authority vested
in President by subsec. (a) of this section, see Ex. Ord. No.
10289, eff. Sept. 17, 1951, 16 F.R. 9499, set out as a note
under
section 301 of Title 3, The President.
ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE
TREASURY
Administrative delegation of functions by
Secretary of the
Treasury, see note set out preceding section 3 of the
Appendix to
Title 46, Shipping.
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;
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.
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.
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