The White House Continues National Emegency With Respect To Cuba

NOTICE
 
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO CUBA AND OF THE EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF VESSELS

On March 1, 1996, by Proclamation 6867, a national emergency was declared to address the disturbance or threatened disturbance of international relations caused by the February 24, 1996, destruction by the Cuban government of two unarmed, United States-registered civilian aircraft in international airspace north of Cuba.  On February 26, 2004, by Proclamation 7757, 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, 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.

JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
February 17, 2023.

Dear Mr. Speaker:   (Dear Madam President:)
 
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to Cuba that was declared on March 1, 1996, in Proclamation 6867, as amended by Proclamation 7757 on February 26, 2004, Proclamation 9398 on February 24, 2016, and Proclamation 9699 on February 22, 2018, is to continue in effect beyond March 1, 2023.
 
There remains a need to continue this national emergency, based on a disturbance or threatened disturbance of the international relations for the United States related to Cuba.  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.
 
The unauthorized entry of vessels subject to the jurisdiction of the United States into Cuban territorial waters is currently a violation of Federal law.  Further, the unauthorized entry of United States-registered vessels into Cuban territorial waters continues to be detrimental to United States 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 United States-registered vessels into Cuban territorial waters would disturb the international relations of the United States regarding Cuba by allowing for or providing the means to facilitate a mass migration of Cuban nationals and threatening our national security.
 
Sincerely,
JOSEPH R. BIDEN JR.