118 STAT. 4104 PROCLAMATION 7757—FEB. 26, 2004 Proclamation 7757 of February 26, 2004 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 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 expand the scope of the national emergency declared in Proclamation 6867 of March 1, 1996, based on the disturbance or threatened disturbance of the international relations of the United States caused by actions taken by the Cuban government, and in light of steps taken over the past year by the Cuban government to worsen the threat to United States international relations, and, WHEREAS the United States has determined that Cuba is a state-spon- sor of terrorism and it is subject to the restrictions of section 6(j)(1)(A) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, and section 40 of the Arms Export Control Act; WHEREAS the Cuban government has demonstrated a ready and reck- less willingness to use excessive force, including deadly force, against U.S. citizens, in the ostensible enforcement of its sovereignty, includ- ing the February 1996 shoot-down of two unarmed U.S.-registered ci- vilian aircraft in international airspace, resulting in the deaths of three American citizens and one other individual; WHEREAS the Cuban government has demonstrated a ready and reck- less willingness to use excessive force, including deadly force, against U.S. citizens and its own citizens, including on July 13, 1995, when persons in U.S.-registered vessels that entered into Cuban territorial waters suffered injury as a result of the reckless use of force against them by the Cuban military, and including the July 1994 sinking of an unarmed Cuban-registered vessel, resulting in the deaths of 41 Cuban citizens; WHEREAS the Cuban government has impounded U.S.-registered ves- sels in Cuban ports and forced the owners, as a condition of release, to violate U.S. law by requiring payments to be made to the Cuban gov- ernment; WHEREAS the entry of any U.S.-registered vessels into Cuban terri- torial waters could result in injury to, or loss of life of, persons en- gaged in that conduct, due to the potential use of excessive force, in- cluding deadly force, against them by the Cuban military, and could threaten a disturbance of international relations; 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 objectives of U.S. policy regarding Cuba are the end of the dictatorship and a rapid, peaceful transition to a representative de- mocracy respectful of human rights and characterized by an open mar- ket economic system; VerDate 11-MAY-2000 15:04 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00070 Fmt 8087 Sfmt 8087 C:\STATUTES\2004\29194PT4.004 APPS10 PsN: 29194PT4
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