U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–011 2016

114th Congress, 2d Session – – – – – – – – – – – – House Document 114–102 

CONTINUATION OF AND MODIFICATION TO THE 

NATIONAL EMERGENCY WITH RESPECT TO CUBA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A PROCLAMATION TO MODIFY AND CONTINUE THE NATIONAL 

EMERGENCY DECLARED IN PROCLAMATIONS 6867 AND 7757, 

PURSUANT TO 50 U.S.C. 1622(d); PUBLIC LAW 94–412, SEC. 202(d); 

(90 STAT. 1257) AND 50 U.S.C. 1621(a); PUBLIC LAW 94–412, SEC. 

201(a); (90 STAT. 1255); AND 50 U.S.C. 1631; PUBLIC LAW 94–412, 

SEC. 301; (90 STAT. 1257) 

FEBRUARY 24, 2016.—Message and accompanying papers referred to the 

Committee on Foreign Affairs and ordered to be printed 


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To the Congress of the United States: 

Pursuant to the authority vested in me by the Constitution and 

the laws of the United States, 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, 202, and 301 of the National Emergencies Act (50 

U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, 

I hereby report that I have issued a Proclamation to modify and 

continue the national emergency declared in Proclamations 6867 

and 7757. 

The Proclamation recognizes that certain 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. Further, the Proclamation recognizes the reestablishment of diplomatic relations between the United States and 

Cuba, and that the United States continues to pursue the progressive normalization of relations while aspiring toward a peaceful, 

prosperous, and democratic Cuba. 

The Proclamation clarifies the national emergency related to 

Cuba and specifically provides the following statements related to 

U.S. national security and foreign policy: 

• It is U.S. 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. 

• 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. 

• The unauthorized entry of U.S.-registered vessels into 

Cuban territorial waters is detrimental to U.S. foreign policy, 

and counter to the purpose of Executive Order 12807, which is 

to ensure, among other things, safe, orderly, and legal migration. 

• The possibility of large-scale unauthorized entries of U.S. 

registered vessels would disturb the international relations of 

the United States by facilitating a possible mass migration of 

Cuban nationals. 

I have directed 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. 

I am enclosing a copy of the Proclamation I have issued. 

BARACK OBAMA. 

THE WHITE HOUSE, February 24, 2016. 


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MODIFYING AND CONTINUING THE NATIONAL EMERGENCY WITH RE- SPECT TO CUBA AND CONTINUING TO AUTHORIZE THE REGULATION

OF THE ANCHORAGE AND MOVEMENT OF VESSELS

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

By the authority vested in me by the Constitution and the laws 

of the United States of America, in order to modify and continue 

the national emergency declared in Proclamation 6867 of March 1, 

1996, and expanded by Proclamation 7757 of February 26, 2004, 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; 

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 


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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 States-registered vessels into Cuban territorial waters is detrimental to the foreign policy of the United States, and counter to the purpose of Executive 

Order 12807, 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), 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 

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 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 

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talities 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. 

Æ 


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