46 U.S.C. § 70051 — Regulation of anchorage and movement

Page 552 TITLE 46—SHIPPING § 70051 make use of any private vessel tendered gratu- itously for that purpose; and (2) upon the request of the Commandant, the head of any other Federal department or agen- cy 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 oc- casion to the head of another Federal depart- ment or agency whenever in the President’s judgment such transfer is desirable. (d) PENALTIES.— (1) IN GENERAL.—For any violation of regula- tions issued pursuant to this section the fol- lowing penalties shall be incurred: (A) A licensed officer shall be liable to sus- pension or revocation of license in the man- ner 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 reg- ulations occurred without the owner’s knowledge. (D) Any other person shall be liable to a penalty of $2,500. (2) MITIGATION OR REMISSION.—The Com- mandant may mitigate or remit any penalty provided for in this subsection in the manner prescribed by law for the mitigation or remis- sion of penalties for violation of the naviga- tion laws. (Added Pub. L. 115–282, title IV, § 406(a), Dec. 4, 2018, 132 Stat. 4265.) SUBCHAPTER VI—REGULATION OF VES- SELS 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 re- lations 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 im- mediate Federal response, the Secretary of the department in which the Coast Guard is oper- ating 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 in- jury 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 spe- cially authorized by him to go or remain on board thereof. Whenever the President finds that the secu- rity of the United States is endangered by rea- son of actual or threatened war, or invasion, or insurrection, or subversive activity, or of dis- turbances or threatened disturbances of the international relations of the United States, the President is authorized to institute such meas- ures 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 se- cure such vessels from damage or injury, or to prevent damage or injury to any harbor or wa- ters of the United States, or to secure the ob- servance of rights and obligations of the United States, may take for such purposes full possession and control of such vessels and re- move 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 facili- ties 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 Sec- retary 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 sub- chapter. (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 trans- ferred 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 de- partment in which the Coast Guard is operating’’ for ‘‘the Secretary of the Treasury’’ in the first par. Subse- quently, section 407(b)(2) of Pub. L. 115–282 directed striking out ‘‘of the Treasury’’ but could not be exe- cuted because of the amendment by Pub. L. 115–232. Section 407(b)(3) of Pub. L. 115–282 further directed Page 553 TITLE 46—SHIPPING § 70051 striking out ‘‘of the department in which the Coast Guard is operating’’, which appeared in two places fol- lowing 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 ap- proval’’ for ‘‘immediate Federal response, the Sec- retary of the department in which the Coast Guard is operating may make, subject to the approval’’ in intro- ductory provisions and ‘‘authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropria- tion’’ 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 VES- SELS Proc. No. 6867, Mar. 1, 1996, 61 F.R. 8843, provided: WHEREAS, on February 24, 1996, Cuban military air- craft intercepted and destroyed two unarmed U.S.-reg- istered civilian aircraft in international airspace north of Cuba; WHEREAS the Government of Cuba has dem- onstrated a ready and reckless willingness to use exces- sive force, including deadly force, in the ostensible en- forcement of its sovereignty; WHEREAS, on July 13, 1995, persons in U.S.-reg- istered vessels who entered into Cuban territorial wa- ters 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, Presi- dent 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 na- tional 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 Sec- retary 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 au- thorized by the Act of June 15, 1917 [see Tables for clas- sification]. SECTION 1. The Secretary may make rules and regula- tions 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 reg- ulation issued pursuant to this proclamation may be ef- fective immediately upon issuance as such rule or regu- lation 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 se- cure the rights and obligations of the United States. SEC. 3. The Secretary may request assistance from such departments, agencies, officers, or instrumental- ities of the United States as the Secretary deems nec- essary to carry out the purposes of this proclamation. Such departments, agencies, officers, or instrumental- ities 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 emer- gency, 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 unau- thorized 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 trans- mitted 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 Independ- ence 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. 21, 2024, 89 F.R. 13967, 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-reg- istered 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 ex- panded to deny monetary and material support to the Cuban government. On February 24, 2016, by Proclama- tion 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 gov- ernment 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 inter- national 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 con- tinuing the national emergency with respect to Cuba and the emergency authority relating to the regulation Page 554 TITLE 46—SHIPPING § 70051 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. 17, 2023, 88 F.R. 10821. Notice of President of the United States, dated Feb. 23, 2022, 87 F.R. 10685. Notice of President of the United States, dated Feb. 24, 2021, 86 F.R. 11601. 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 of the United States, dated Feb. 23, 2012, 77 F.R. 11379. Notice of President of the United States, dated Feb. 24, 2011, 76 F.R. 11073. Notice of President of the United States, dated Feb. 23, 2010, 75 F.R. 8793. Notice of President of the United States, dated Jan. 15, 2009, 74 F.R. 3959. Notice of President of the United States, dated Feb. 6, 2008, 73 F.R. 7459. Notice of President of the United States, dated Feb. 26, 2007, 72 F.R. 9231. Notice of President of the United States, dated Jan. 10, 2006, 71 F.R. 2133. 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 AUTHOR- ITY 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 Ex- port 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 os- tensible enforcement of its sovereignty, including the February 1996 shoot-down of two unarmed U.S.-reg- istered civilian aircraft in international airspace, re- sulting 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 terri- torial 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 govern- ment; 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 ter- ritorial 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, peace- ful 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 activi- ties and carry out excessive use of force against inno- cent 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 govern- ment’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 in- terests. This same regime continues in power today, and has since 1959 maintained a pattern of hostile ac- tions 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 at- tacking the United States, and encouraged Soviet au- thorities to use those weapons against the United States; it engaged in military adventurism in Africa; and it helped to form and provide material and polit- ical support to terrorist organizations that sought the violent overthrow of democratically elected govern- ments in Central America and elsewhere in the hemi- sphere 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 Page 555 TITLE 46—SHIPPING § 70051 the United States intended to invade Cuba, despite ex- plicit 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 gov- ernment 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 vest- ed in me by the Constitution and the laws of the United States of America, including section 1 of title II of Pub- lic 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 na- tional emergency declared in Proclamation 6867 of March 1, 1996 [set out above], and to secure the observ- ance 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 appro- priate to regulate the anchorage and movement of ves- sels, 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 regula- tions 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- authorized transactions, and thereby threaten a dis- turbance of international relations. Any rule or regula- tion issued pursuant to this proclamation may be effec- tive immediately upon issuance as such rule or regula- tion 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 se- cure the rights and obligations of the United States. SEC. 3. The Secretary may request assistance from such departments, agencies, officers, or instrumental- ities of the United States as the Secretary deems nec- essary to carry out the purposes of this proclamation. Such departments, agencies, officers, or instrumental- ities 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 emer- gency, 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 unau- thorized 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 in- consistency. SEC. 7. This proclamation shall be immediately trans- mitted 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 NA- TIONAL EMERGENCY WITH RESPECT TO CUBA AND CON- TINUING TO AUTHORIZE THE REGULATION OF THE AN- CHORAGE 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 de- clared in Proclamation 6867 of March 1, 1996, and ex- panded by Proclamation 7757 of February 26, 2004 [both set out above], in light of the need to continue the na- tional 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 emer- gency set forth in Proclamations 6867 and 7757 no longer reflect the international relations of the United States related to Cuba; 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 posi- tive change in Cuba; WHEREAS the following descriptions accurately de- scribe the national emergency with respect to Cuba; WHEREAS the United States and Cuba reestablished diplomatic relations and opened embassies in each oth- er’s capitals on July 20, 2015, and the United States con- tinues to pursue the progressive normalization of rela- tions 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, environ- mental protection, and trafficking in persons, among other issues; WHEREAS the United States is committed to sup- porting 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 na- tionals may have a destabilizing effect on the United States and its neighboring countries; WHEREAS it is United States policy that a mass mi- gration 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 ter- ritorial waters is in violation of U.S. law and contrary to U.S. policy; WHEREAS the unauthorized entry of United States- registered vessels into Cuban territorial waters is detri- mental 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 dis- turb the international relations of the United States by Page 556 TITLE 46—SHIPPING § 70051 facilitating a possible mass migration of Cuban nation- als; NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vest- ed in me by the Constitution and the laws of the United States of America, including section 1 of title II of Pub- lic 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 ob- servance 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 di- rect the Secretary of Homeland Security (the ‘‘Sec- retary’’) 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 reg- ulations, as authorized by the Act of June 15, 1917. Ac- cordingly, I hereby direct: SECTION 1. The Secretary may make rules and regula- tions 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- authorized transactions, and thereby threaten a dis- turbance of international relations. Any rule or regula- tion issued pursuant to this proclamation may be effec- tive immediately upon issuance as such rule or regula- tion 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 ves- sel, 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 re- main 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 instrumental- ities of the United States as the Secretary deems nec- essary to carry out the purposes of this proclamation. Such departments, agencies, officers, or instrumental- ities 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 emer- gency, 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 unau- thorized 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 trans- mitted 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 Independ- ence 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 NA- TIONAL EMERGENCY WITH RESPECT TO CUBA AND CON- TINUING TO AUTHORIZE THE REGULATION OF THE AN- CHORAGE 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 secu- rity 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 coun- tries; WHEREAS it is the policy of the United States to en- sure 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 (Strength- ening 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 ter- ritorial 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 States- registered vessels into Cuban territorial waters is detri- mental 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 rela- tions of the United States by facilitating a possible mass migration of Cuban nationals; NOW, THEREFORE, I, DONALD J. TRUMP, Presi- dent 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 de- clared in Proclamations 6867, 7757, and 9398, and author- ize and direct the Secretary of Homeland Security (the ‘‘Secretary’’) to make and issue such rules and regula- tions 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 regula- tions 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 un- authorized transactions, thereby threatening a disturb- ance of international relations. A rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance if it involves a foreign af- fairs function of the United States. Page 557 TITLE 46—SHIPPING § 70052 SEC. 2. The Secretary is authorized, to the extent consistent with international law, to inspect any ves- sel, 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 re- main 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 instrumental- ities of the United States as necessary to carry out the purposes of this proclamation. Such departments, agen- cies, officers, or instrumentalities shall, consistent with other provisions of law and to the extent prac- ticable, 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 emer- gency, 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 unau- thorized 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 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 in- consistency. SEC. 7. This proclamation shall be immediately trans- mitted 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 Independ- ence of the United States of America the two hundred and forty-second. DONALD J. TRUMP. PROC. NO. 10371. DECLARATION OF NATIONAL EMERGENCY AND INVOCATION OF EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE AND MOVE- MENT OF RUSSIAN-AFFILIATED VESSELS TO UNITED STATES PORTS Proc. No. 10371, Apr. 21, 2022, 87 F.R. 24265, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.) and section 1 of title II of Public Law 65–24, ch. 30, June 15, 1917, as amended (Magnuson Act) (46 U.S.C. 70051), I, JOSEPH R. BIDEN JR., President of the United States of America, hereby find and proclaim that: The policies and actions of the Government of the Russian Federation to continue the premeditated, un- justified, unprovoked, and brutal war against Ukraine constitute a national emergency by reason of a disturb- ance or threatened disturbance of international rela- tions of the United States. In order to address this na- tional emergency and secure the observance of the rights and obligations of the United States, I hereby authorize the Secretary of Homeland Security (Sec- retary) to make and issue such rules and regulations as the Secretary may find appropriate to regulate the an- chorage and movement of Russian-affiliated vessels, and delegate to the Secretary my authority to approve such rules and regulations, as authorized by the Mag- nuson Act. SECTION 1. I hereby prohibit Russian-affiliated vessels from entering into United States ports. SEC. 2. The prohibition of section 1 of this proclama- tion applies except: (a) to Russian-affiliated vessels used in the transport of source material, special nuclear material, and nu- clear byproduct material for which, and for such time as, the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, de- termines that no viable source of supply is available that would not require transport by Russian-affiliated vessels; and (b) to Russian-affiliated vessels requesting only to enter United States ports due to force majeure, solely to allow seafarers of any nationality to disembark or embark for purposes of conducting crew changes, emer- gency medical care, or for other humanitarian need. SEC. 3. For the purposes of this proclamation: (a) the term ‘‘Russian-affiliated vessels’’ means: (i) vessels of Russian registry (i.e., the vessel is Rus- sian flagged); (ii) vessels that are Russian owned (i.e., the legal title of ownership of the vessel that appears on the ship’s registration documents is the Government of the Russian Federation or a Russian company, citizen, or permanent resident); or (iii) vessels that are Russian operated (i.e., a Russian company, citizen, or permanent resident is responsible for the commercial decisions concerning the employ- ment of a ship and decides how and where that asset is employed). (b) the term ‘‘byproduct material’’ has the same meaning given to that term in section 11(e) of the Atomic Energy Act of 1954, as amended (AEA) (42 U.S.C. 2014(e)). (c) the term ‘‘source material’’ has the same meaning given to that term in section 11(z) of the AEA (42 U.S.C. 2014(z)). (d) the term ‘‘special nuclear material’’ has the same meaning given to that term in section 11(aa) of the AEA (42 U.S.C. 2014(aa)). SEC. 4. The prohibition set forth in this proclamation shall be effective as of 12:01 a.m. eastern daylight time on April 28, 2022, and shall be immediately transmitted to the Congress and published in the Federal Register. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of April, in the year of our Lord two thousand twenty-two, and of the Independ- ence of the United States of America the two hundred and forty-sixth. J.R. BIDEN, JR. CONTINUATION OF NATIONAL EMERGENCY DECLARED BY PROC. NO. 10371 Notice of President of the United States, dated Apr. 16, 2024, 89 F.R. 27649, provided: On April 21, 2022, by Proclamation 10371, I declared a national emergency by reason of a disturbance or threatened disturbance of international relations of the United States and authorized the Secretary of Home- land Security to regulate the anchorage and movement of Russian-affiliated vessels, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) and section 1 of title II of Public Law 65–24, ch. 30, June 15, 1917, as amended (Magnuson Act) (46 U.S.C. 70051). The policies and actions of the Government of the Russian Federation to continue the premeditated, un- justified, unprovoked, and brutal war against Ukraine continue to constitute a national emergency by reason of a disturbance or threatened disturbance of inter- national relations of the United States. Therefore, in accordance with section 202(d) of the National Emer- gencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the Rus- sian Federation and the emergency authority relating to the regulation of the anchorage and movement of Russian-affiliated vessels to United States ports set out in Proclamation 10371. This notice shall be published in the Federal Register and transmitted to the Congress. J.R. BIDEN, JR. § 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