96-5306. Declaration of a National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels  

  • [Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
    [Presidential Documents]
    [Pages 8843-8844]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-5306]
    
    
    
    
    [[Page 8841]]
    
    _______________________________________________________________________
    
    Part X
    
    
    
    
    
    The President
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Proclamation 6867--Declaration of a National Emergency and Invocation 
    of Emergency Authority Relating to the Regulation of the Anchorage and 
    Movement of Vessels
    
    
                            Presidential Documents 
    
    
    
    Federal Register / Vol. 61, No. 44 / Tuesday, March 5, 1996 / 
    Presidential Documents
    
    ___________________________________________________________________
    
    Title 3--
    The President
    
    [[Page 8843]]
    
                    Proclamation 6867 of March 1, 1996
    
                    
    Declaration of a National Emergency and 
                    Invocation of Emergency Authority Relating to the 
                    Regulation of the
                    Anchorage and Movement of Vessels
    
                    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. 
    
                    
    [[Page 8844]]
    
    
                    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.
    
                        (Presidential Sig.)
    
    [FR Doc. 96-5306
    Filed 3-4-96; 8:45 am]
    Billing code 3195-01-P
    
    

Document Information

Published:
03/05/1996
Department:
Executive Office of the President
Entry Type:
Presidential Document
Document Type:
Proclamation
Document Number:
96-5306
Pages:
8843-8844 (2 pages)
EOCitation:
of 1996-03-01
PDF File:
96-5306.pdf