1625-0127 Stat/Authority

§ 70041

TITLE 46—SHIPPING

(e) DENIAL OF ENTRY.—Except as provided in
section 70021 or 70022, the Secretary may, subject to recognized principles of international
law, deny entry by any vessel that is not in compliance with subchapter I, II, or III or this subchapter or the regulations issued under such
subchapter—
(1) into the navigable waters of the United
States; or
(2) to any port or place under the jurisdiction of the United States.
(f) WITHHOLDING OF CLEARANCE.—
(1) IN GENERAL.—If any owner, operator, or
individual in charge of a vessel is liable for a
penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject
to a penalty or fine under this section, the
Secretary of the Treasury, upon the request of
the Secretary, shall with respect to such vessel refuse or revoke any clearance required by
section 60105 of title 46.
(2) GRANTING CLEARANCE REFUSED OR REVOKED.—Clearance refused or revoked under
this subsection may be granted upon filing of
a bond or other surety satisfactory to the Secretary.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4262; amended Pub. L. 116–283, div.
G,
title
LVXXXV
[LXXXV],
§§ 8507(a)(9),
8508(2)(B), Jan. 1, 2021, 134 Stat. 4753, 4755.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 8507(a)(9), substituted ‘‘I
through III’’ for ‘‘A through C’’ and ‘‘I, II, or III’’ for
‘‘A, B, or C’’ wherever appearing.
Subsec. (e). Pub. L. 116–283, § 8508(2)(B), inserted ‘‘or
70022’’ after ‘‘section 70021’’ in introductory provisions.

SUBCHAPTER V—REGATTAS AND MARINE
PARADES
§ 70041. Regattas and marine parades
(a) IN GENERAL.—The Commandant of the
Coast Guard may issue regulations to promote
the safety of life on navigable waters during regattas or marine parades.
(b) DETAIL AND USE OF VESSELS.—To enforce
regulations issued under this section—
(1) the Commandant may detail any public
vessel in the service of the Coast Guard and
make use of any private vessel tendered gratuitously for that purpose; and
(2) upon the request of the Commandant, the
head of any other Federal department or agency may enforce the regulations by means of
any public vessel of such department and any
private vessel tendered gratuitously for that
purpose.
(c) TRANSFER OF AUTHORITY.—The authority of
the Commandant under this section may be
transferred by the President for any special occasion to the head of another Federal department or agency whenever in the President’s
judgment such transfer is desirable.
(d) PENALTIES.—
(1) IN GENERAL.—For any violation of regulations issued pursuant to this section the following penalties shall be incurred:

Page 514

(A) A licensed officer shall be liable to suspension or revocation of license in the manner prescribed by law for incompetency or
misconduct.
(B) Any person in charge of the navigation
of a vessel other than a licensed officer shall
be liable to a penalty of $5,000.
(C) The owner of a vessel (including any
corporate officer of a corporation owning the
vessel) actually on board shall be liable to a
penalty of $5,000, unless the violation of regulations occurred without the owner’s
knowledge.
(D) Any other person shall be liable to a
penalty of $2,500.
(2) MITIGATION OR REMISSION.—The Commandant may mitigate or remit any penalty
provided for in this subsection in the manner
prescribed by law for the mitigation or remission of penalties for violation of the navigation laws.
(Added Pub. L. 115–282, title IV, § 406(a), Dec. 4,
2018, 132 Stat. 4265.)
SUBCHAPTER VI—REGULATION OF VESSELS IN TERRITORIAL WATERS OF
UNITED STATES
§ 70051. Regulation of anchorage and movement
of vessels during national emergency
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 the
department in which the Coast Guard is operating 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

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TITLE 46—SHIPPING

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 subchapter.
(Added Pub. L. 115–282, title IV, § 407(b)(5), Dec. 4,
2018, 132 Stat. 4267; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8507(a)(10), Jan. 1,
2021, 134 Stat. 4753.)
Editorial Notes
CODIFICATION
Section, as added by Pub. L. 115–282, is based on acts
June 15, 1917, ch. 30, title II, § 1, 40 Stat. 220; Aug. 9, 1950,
ch. 656, § 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, § 2(b), 64
Stat. 1038; Pub. L. 96–70, title III, § 3302(a), Sept. 27, 1979,
93 Stat. 498; Pub. L. 104–208, div. C, title VI, § 649, Sept.
30, 1996, 110 Stat. 3009–711; Pub. L. 108–293, title II, § 223,
Aug. 9, 2004, 118 Stat. 1040; Pub. L. 115–232, div. C, title
XXXV, § 3548(a), Aug. 13, 2018, 132 Stat. 2328; Pub. L.
115–282, title IV, § 407(b)(1)–(4), Dec. 4, 2018, 132 Stat.
4267, which was formerly classified to section 191 of
Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.
Prior to such renumbering and transfer, section 3548(a)
of Pub. L. 115–232 amended section 1 of title II of act
June 15, 1917, by substituting ‘‘the Secretary of the department in which the Coast Guard is operating’’ for
‘‘the Secretary of the Treasury’’ in the first par. Subsequently, section 407(b)(2) of Pub. L. 115–282 directed
striking out ‘‘of the Treasury’’ but could not be executed because of the amendment by Pub. L. 115–232.
Section 407(b)(3) of Pub. L. 115–282 further directed
striking out ‘‘of the department in which the Coast
Guard is operating’’, which appeared in two places following the amendment by Pub. L. 115–232, but the
amendment did not specify where the deletion should
occur. The amendment was executed by striking out
such phrase following ‘‘regulations to the Secretary’’ in
concluding provisions, to reflect the probable intent of
Congress.
AMENDMENTS
2021—Pub. L. 116–283 substituted ‘‘immediate Federal
response, the Secretary of the department in which the
Coast Guard is operating may make, subject to the approval’’ for ‘‘immediate Federal response, the Secretary of the department in which the Coast Guard is
operating may make, subject to the approval’’ in introductory provisions and ‘‘authority to issue such rules
and regulations to the Secretary of the department in
which the Coast Guard is operating. Any appropriation’’ for ‘‘authority to issue such rules and regulations

to the Secretary. Any appropriation’’ in concluding
provisions. See Codification note above.
Executive Documents
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) [see 46 U.S.C. 70051], 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

§ 70051

TITLE 46—SHIPPING

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.
[Provisions of Proc. No. 6867 superseded to the extent
of inconsistency with provisions of Procs. No. 7757, 9398,
and 9699, see Sec. 6 of Proc. No. 7757, Sec. 6 of Proc. No.
9398, and Sec. 6 of Proc. No. 9699, set out below.]
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY
PROC. NO. 6867
Notice of President of the United States, dated Feb.
24, 2021, 86 F.R. 11601, provided:
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 United States-registered, civilian aircraft in international airspace north
of Cuba. On February 26, 2004, by Proclamation 7757 [46
U.S.C. 70051 note], the national emergency was expanded to deny monetary and material support to the
Cuban government. On February 24, 2016, by Proclamation 9398, and on February 22, 2018, by Proclamation
9699 [46 U.S.C. 70051 notes], the national emergency was
further modified based on continued disturbances or
threatened disturbances of the international relations
of the United States related to Cuba. The Cuban government has not demonstrated that it will refrain from
the use of excessive force against United States vessels
or aircraft that may engage in memorial activities or
peaceful protest north of Cuba.
Further, the unauthorized entry of any United
States-registered vessel into Cuban territorial waters
continues to be detrimental to the foreign policy of the
United States because such entry could facilitate a
mass migration from Cuba. It continues to be United
States policy that a mass migration from Cuba would
endanger United States national security by posing a
disturbance or threatened disturbance of the international relations of the United States.
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, as amended by Proclamation 7757,
Proclamation 9398, and Proclamation 9699.
This notice shall be published in the Federal Register
and transmitted to the Congress.
J.R. BIDEN, JR.
Prior continuations of national emergency declared
by Proc. No. 6867 were contained in the following:
Notice of President of the United States, dated Feb.
25, 2020, 85 F.R. 11825.
Notice of President of the United States, dated Feb.
19, 2019, 84 F.R. 5579.
Notice of President of the United States, dated Jan.
13, 2017, 82 F.R. 6185.
Notice of President of the United States, dated Feb.
25, 2015, 80 F.R. 11075.
Notice of President of the United States, dated Feb.
25, 2014, 79 F.R. 10949.
Notice of President of the United States, dated Feb.
22, 2013, 78 F.R. 13209.

Notice of President
23, 2012, 77 F.R. 11379.
Notice of President
24, 2011, 76 F.R. 11073.
Notice of President
23, 2010, 75 F.R. 8793.
Notice of President
15, 2009, 74 F.R. 3959.
Notice of President
6, 2008, 73 F.R. 7459.
Notice of President
26, 2007, 72 F.R. 9231.
Notice of President
10, 2006, 71 F.R. 2133.
Notice of President
18, 2005, 70 F.R. 8919.
Notice of President
26, 2004, 69 F.R. 9513.
Notice of President
27, 2003, 68 F.R. 9849.
Notice of President
26, 2002, 67 F.R. 9387.
Notice of President
27, 2001, 66 F.R. 12841.
Notice of President
25, 2000, 65 F.R. 10929.
Notice of President
24, 1999, 64 F.R. 9903.
Notice of President
25, 1998, 63 F.R. 9923.
Notice of President
27, 1997, 62 F.R. 9347.

Page 516
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Jan.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Jan.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.
of the United States, dated Feb.

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 [former] section 6(j)(1)(A) of the Export Administration Act of 1979 [former 50 U.S.C.
4605(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 Cubanregistered 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,

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TITLE 46—SHIPPING

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) [see 46 U.S.C. 70051], 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

§ 70051

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.
[Provisions of Proc. No. 7757 superseded to the extent
of inconsistency with provisions of Procs. No. 9398 and
9699, see Sec. 6 of Proc. No. 9398 and Sec. 6 of Proc. No.
9699, set out below.]
PROC. NO. 9398. MODIFYING AND CONTINUING THE NATIONAL EMERGENCY WITH RESPECT TO CUBA AND CONTINUING TO AUTHORIZE THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF VESSELS
Proc. No. 9398, Feb. 24, 2016, 81 F.R. 9737, provided:
By the authority vested in me by the Constitution
and the laws of the United States of America, in order
to modify and continue the national emergency declared in Proclamation 6867 of March 1, 1996, and expanded by Proclamation 7757 of February 26, 2004 [both
set out above], in light of the need to continue the national emergency based on a disturbance or threatened
disturbance of the international relations of the United
States related to Cuba, and,
WHEREAS the descriptions of the national emergency set forth in Proclamations 6867 and 7757 no
longer reflect the international relations of the United
States related to Cuba;

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TITLE 46—SHIPPING

WHEREAS longstanding U.S. policy towards Cuba
had, at times, tended to isolate the United States from
regional and international partners, constrained our
ability to influence outcomes throughout the Western
Hemisphere, and impaired the use of the full range of
tools available to the United States to promote positive change in Cuba;
WHEREAS the following descriptions accurately describe the national emergency with respect to Cuba;
WHEREAS the United States and Cuba reestablished
diplomatic relations and opened embassies in each other’s capitals on July 20, 2015, and the United States continues to pursue the progressive normalization of relations while aspiring towards a peaceful, prosperous, and
democratic Cuba;
WHEREAS the United States has committed to work
with the Government of Cuba on matters of mutual
concern that advance U.S. national interests, such as
migration, human rights, counter-narcotics, environmental protection, and trafficking in persons, among
other issues;
WHEREAS the United States is committed to supporting safe, orderly, and legal migration from Cuba
through the effective implementation of the 1994–95
U.S.-Cuba Migration Accords;
WHEREAS the Cuban economy is in a relatively
weak state, contributing to an outflow of its nationals
towards the United States and neighboring countries;
WHEREAS the overarching objective of U.S. policy is
stability in the region, and the outflow of Cuban nationals may have a destabilizing effect on the United
States and its neighboring countries;
WHEREAS it is United States policy that a mass migration from Cuba would endanger the security of the
United States by posing a disturbance or threatened
disturbance of the international relations of the United
States;
WHEREAS the United States continues to maintain
an embargo with respect to Cuba;
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 unauthorized entry of United Statesregistered vessels into Cuban territorial waters is detrimental to the foreign policy of the United States, and
counter to the purpose of Executive Order 12807 [8
U.S.C. 1182 note], which is to ensure, among other
things, safe, orderly, and legal migration;
WHEREAS the possibility of large-scale unauthorized
entries of United States-registered vessels would disturb the international relations of the United States by
facilitating a possible mass migration of Cuban nationals;
NOW, THEREFORE, I, BARACK OBAMA, 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) [see 46 U.S.C. 70051], sections 201, 202, 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 modify the scope of the national emergency declared
in Proclamations 6867 and 7757, and to secure the observance of the rights and obligations of the United
States, hereby continue the national emergency with
regard to Cuba as set forth above and 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. Accordingly, I hereby direct:
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 un-

Page 518

authorized 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 the extent
consistent with international law, 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 of March
1, 1996, and expanded by Proclamation 7757 of February
26, 2004, 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-fourth day of February, in the year of
our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred
and fortieth.
BARACK OBAMA.
[Provisions of Proc. No. 9398 superseded to the extent
of inconsistency with provisions of Proc. No. 9699, see
Sec. 6 of Proc. No. 9699, set out below.]
PROC. NO. 9699. MODIFYING AND CONTINUING THE NATIONAL EMERGENCY WITH RESPECT TO CUBA AND CONTINUING TO AUTHORIZE THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF VESSELS
Proc. No. 9699, Feb. 22, 2018, 83 F.R. 8161, provided:
In order to modify and continue the ongoing national
emergency declared in Proclamation 6867 of March 1,
1996, expanded by Proclamation 7757 of February 26,
2004, and modified by Proclamation 9398 of February 24,
2016 [all set out above], in light of the need to continue
the national emergency based on a disturbance or
threatened disturbance of the international relations of
the United States related to Cuba, and,
WHEREAS it is the policy of the United States that
a mass migration from Cuba would endanger our security by posing a disturbance or threatened disturbance
of the international relations of the United States;
WHEREAS the Cuban economy is in a relatively
weak state, contributing to an outflow of its nationals
toward the United States and neighboring countries;
WHEREAS the overarching objective of our policy is
stability with our immediate neighboring countries and
an outflow of Cuban nationals may have a destabilizing
effect on the United States and its neighboring countries;

Page 519

TITLE 46—SHIPPING

WHEREAS it is the policy of the United States to ensure that engagement between the United States and
Cuba advances the interests of the United States and of
the Cuban people as described in National Security
Presidential Memorandum–5 of June 16, 2017 (Strengthening the Policy of the United States Toward Cuba)
[not set out in the Code];
WHEREAS the United States continues to maintain
an embargo with respect to Cuba;
WHEREAS the unauthorized entry of vessels subject
to the jurisdiction of the United States into Cuban territorial waters is in violation of the law of the United
States and contrary to the policy of the United States;
WHEREAS the unauthorized entry of United Statesregistered vessels into Cuban territorial waters is detrimental to the foreign policy of the United States and
counter to the purpose of Executive Order 12807 of May
24, 1992 [8 U.S.C. 1182 note], which is to ensure, among
other things, safe, orderly, and legal migration;
WHEREAS the possibility of large-scale unauthorized
entries of United States-registered vessels into Cuban
territorial waters would disturb the international relations of the United States by facilitating a possible
mass migration of Cuban nationals;
NOW, THEREFORE, I, DONALD J. TRUMP, 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) [see 46 U.S.C. 70051], sections 201, 202, 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 modify the scope of the national emergency declared
in Proclamations 6867, 7757, and 9398, and to secure the
observance of the rights and obligations of the United
States, hereby continue the national emergency declared in Proclamations 6867, 7757, and 9398, and 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 delegate
to the Secretary my authority to approve such rules
and regulations, as authorized by the Act of June 15,
1917. Accordingly, I hereby direct as follows:
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, that 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, thereby threatening a disturbance of international relations. A rule or regulation
issued pursuant to this proclamation may be effective
immediately upon issuance if it involves a foreign affairs function of the United States.
SEC. 2. The Secretary is authorized, to the extent
consistent with international law, 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 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 the assistance requested.
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.

§ 70052

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 consistent with applicable law.
SEC. 6. Any provisions of Proclamations 6867, 7757, or
9398 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-second day of February, in the year of
our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred
and forty-second.
DONALD J. TRUMP.

§ 70052. Seizure and forfeiture of vessel; fine and
imprisonment
(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 subchapter, or obstructs or interferes with the exercise of any
power conferred by this subchapter, 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 subchapter, or knowingly obstructs or interferes with the exercise of any
power conferred by this subchapter, 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
subchapter, or a regulation prescribed under
this subchapter, 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 subchapter, or of any regulation issued under this subchapter, shall be liable
in rem for any civil penalty assessed pursuant to
subsection (c) 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), 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 of the department in which the Coast Guard is operating may, with respect to such vessel, refuse
or revoke any clearance required by section
4197 1 of the Revised Statutes of the United
States (46 U.S.C. App. 91).
1 See

References in Text note below.