[House Document 108-165]
[From the U.S. Government Publishing Office]
108th Congress, 2d Session - - - - - - - - - - - - House Document 108-165
CONTINUATION OF THE NATIONAL EMERGENCY
RELATING TO CUBA, ET. AL.
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
TO CONTINUE THE NATIONAL EMERGENCY DECLARED IN PROCLAMATION 6867 OF
MARCH 1, 1996, IN RESPONSE TO THE CUBAN GOVERNMENT'S DESTRUCTION OF TWO
UNARMED U.S.-REGISTERED CIVILIAN AIRCRAFT IN INTERNATIONAL AIRSPACE
NORTH OF CUBA; A PROCLAMATION 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, PURSUANT TO 50 U.S.C. 1601
February 26, 2004.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Pursuant to section 1 of title I of Public Law 65-24, ch.
30, 50 U.S.C. 191, and sections 201 and 301 of the National
Emergencies Act, 50 U.S.C. 16501 et seq., I hereby report that
I have exercised my statutory authority to continue the
national emergency declared in Proclamation 6867 of March 1,
1996, in response to the Cuban government's destruction of two
unarmed U.S.-registered civilian aircraft in international
airspace north of Cuba. Additionally, I have exercised my
authority to expand the scope of the national emergency as,
over the last year, the Cuban government, which is a designated
state-sponsor of terrorism, has 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. This conduct
has caused a sudden and worsening disturbance of U.S.
international relations.
In my proclamation (copy attached), I have authorized and
directed the Secretary of Homeland Security to make and issue
such rules and regulations that the Secretary may find
appropriate to prevent unauthorized U.S. vessels from entering
Cuban territorial waters.
I have authorized these rules and regulations as a result
of the Cuban government's demonstrated willingness to use
reckless force, including deadly force, in the ostensible
enforcement of its sovereignty. I have also authorized these
rules and regulations in an effort to deny resources to the
repressive Cuban government 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 and
other persons residing in the United States, and threaten a
disturbance of international relations. Accordingly, I have
continued and expanded the national emergency in response to
these threats.
George W. Bush.
The White House, February 26, 2004.
Notice
----------
Continuation of the National Emergency Relating to Cuba and of the
Emergency Authority Relating to the Regulation of the Anchorage and
Movement of Vessels
On March 1, 1996, by Proclamation 6867, 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. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), I am continuing 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 6867.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
The White House, February 26, 2004.
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.
George W. Bush.