ExecutiveOrdersEO
Proc 10371ProclamationBiden · D Quiet signal

Proclamation 10371

Declaration of National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to United States Ports

President Biden declared a national emergency under the Magnuson Act to prohibit Russian-affiliated vessels from entering U.S. ports, effective April 28, 2022, with limited exceptions for nuclear material transport (when no alternative exists) and force majeure humanitarian situations. The Secretary of Homeland Security is authorized to issue implementing regulations.

Federal Register Open PDF 87 FR 24265

Impact dates

  1. Prohibition on Russian-affiliated vessels entering U.S. ports takes effect

Key directives

  • Prohibit Russian-affiliated vessels from entering U.S. ports effective April 28, 2022
  • Authorize Secretary of Homeland Security to issue implementing rules and regulations
  • Delegate presidential authority to approve regulations to Secretary of Homeland Security
  • Secretary of Energy to determine availability of non-Russian nuclear material transport sources in consultation with Secretary of State and Secretary of Commerce
  • Allow force majeure exceptions for crew changes, emergency medical care, and humanitarian needs

Who is ordered

Timeline

Immediate

  • Proclamation signed April 21, 2022
  • Transmission to Congress and Federal Register publication
  • Prohibition takes effect April 28, 2022 at 12:01 a.m. EDT

Near term (90d)

  • Secretary of Homeland Security to issue rules and regulations
  • Secretary of Energy consultations on nuclear material exceptions

Long term

  • Ongoing enforcement of port entry prohibition
  • Potential expansion or modification based on Russia-Ukraine war developments

Risks & tensions

  • Nuclear energy supply chain vulnerability if Russian vessels are sole transport option for critical materials
  • Potential retaliation against U.S. vessels or interests
  • Enforcement complexity in defining 'Russian-operated' vessels with layered ownership/chartering
  • Humanitarian tension: balancing seafarer welfare against broad prohibition
  • Text does not specify deadline for Secretary of Homeland Security to issue regulations—timing uncertain
Proclamation 10371: Declaration of National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to United States Ports · Executive Orders