ExecutiveOrdersEO
Proc 9398ProclamationObama · D Quiet signal

Proclamation 9398

Modifying and Continuing the National Emergency With Respect to Cuba and Continuing To Authorize the Regulation of the Anchorage and Movement of Vessels

This proclamation modifies and continues the national emergency with respect to Cuba originally declared in 1996, updating its rationale to reflect the 2015 diplomatic normalization while maintaining authority to regulate vessel movements that could facilitate unauthorized migration. It directs the Secretary of Homeland Security to issue rules governing anchorage and movement of vessels potentially bound for Cuban waters, with inspection and seizure powers.

Federal Register Open PDF 81 FR 9737

Impact dates

  1. Rules and regulations may be effective immediately upon issuance

  2. Proclamation immediately 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 that may be used for voyage into Cuban territorial waters
  • Secretary authorized to inspect vessels in U.S. territorial waters at any time
  • Secretary authorized to place guards on vessels and take full possession and control with presidential consent
  • Secretary may request assistance from federal departments, agencies, and state/local authorities
  • State and local officials urged to cooperate and prevent unauthorized departure of vessels
  • Secretary may delegate powers to other federal officers and agents

Who is ordered

Timeline

Immediate

  • Proclamation effective upon issuance
  • Rules and regulations may be effective immediately upon issuance
  • Prior inconsistent provisions superseded

Near term (90d)

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

Long term

  • Continued national emergency authorization for Cuba-related vessel regulation
  • Ongoing diplomatic normalization framework with maintained migration controls

Risks & tensions

  • Tension between diplomatic normalization narrative and continued emergency powers framework
  • Vague standard 'susceptible of being used' for voyage to Cuba grants broad discretionary authority
  • Potential friction with international law regarding vessel inspection and seizure in territorial waters
  • State/local cooperation urged but not mandated, creating implementation uncertainty
Proclamation 9398: Modifying and Continuing the National Emergency With Respect to Cuba and Continuing To Authorize the Regulation of the Anchorage and Movement of Vessels · Executive Orders