ExecutiveOrdersEO
Proc 7757ProclamationG.W. Bush · R Quiet signal

Proclamation 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

President George W. Bush expanded a 1996 national emergency to authorize the Secretary of Homeland Security to regulate and inspect vessels in U.S. territorial waters that could travel to Cuban waters, citing Cuban government actions as threats to U.S. international relations. The proclamation grants broad powers including vessel inspection, placing guards, and taking possession of vessels to prevent unauthorized travel to Cuba.

Federal Register Open PDF 69 FR 9515

Impact dates

  1. Rules and regulations may be effective immediately upon issuance

  2. Proclamation transmitted to Congress and published in Federal Register

Key directives

  • Secretary of Homeland Security to make and issue rules and regulations governing anchorage and movement of vessels in U.S. territorial waters that could voyage into Cuban territorial waters
  • Secretary authorized to inspect any vessel in U.S. territorial waters at any time
  • Secretary authorized to place guards on vessels
  • Secretary authorized with presidential consent to take full possession and control of vessels and remove officers, crew, and unauthorized persons
  • Secretary may request assistance from federal departments, agencies, and instrumentalities
  • Secretary may seek assistance from State and local authorities
  • State and local officials urged to cooperate with federal authorities to prevent unauthorized departures
  • Secretary may delegate powers to other federal officers and agents unless prohibited by law
  • Inconsistent provisions of Proclamation 6867 superseded

Who is ordered

Timeline

Immediate

  • Proclamation effective immediately upon issuance
  • Rules and regulations may be effective immediately upon issuance
  • Supersession of inconsistent provisions in Proclamation 6867

Near term (90d)

  • Secretary of Homeland Security to issue implementing rules and regulations
  • Federal Register publication

Long term

  • Ongoing vessel regulation and inspection regime
  • Potential delegation of authorities to other federal officers and agents

Risks & tensions

  • Potential conflict with international maritime law and freedom of navigation norms
  • Civil liberties concerns regarding warrantless vessel inspection and seizure powers
  • Federal-state tensions around urging state/local cooperation in immigration/maritime enforcement
  • Broad delegation of emergency powers to executive agency with limited congressional oversight mechanism specified
  • Vague standard of 'may create unsafe conditions, or result in unauthorized transactions' for regulatory scope
Proclamation 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 · Executive Orders