Presidential Proclamation 10371

Encl. Presidential Proclamation 10371.pdf

Presidential Proclamation Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to U.S. Ports

Presidential Proclamation 10371

OMB: 1910-5195

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THE WHITE HOUSE

A Proclamation on the 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
APRIL 21, 2022 • PRESIDENTIAL ACTIONS
By the authority vested in me as President by the Constitution and the laws of the United States
of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.) and section 1 of
title II of Public Law 65-24, ch. 30, June 15, 1917, as amended (Magnuson Act) (46 U.S.C.
70051), I, JOSEPH R. BIDEN JR., President of the United States of America, hereby find and
proclaim that:
The policies and actions of the Government of the Russian Federation to continue the
premeditated, unjustified, unprovoked, and brutal war against Ukraine constitute a national
emergency by reason of a disturbance or threatened disturbance of international relations of the
United States. In order to address this national emergency and secure the observance of the
rights and obligations of the United States, I hereby authorize the Secretary of Homeland
Security (Secretary) to make and issue such rules and regulations as the Secretary may find
appropriate to regulate the anchorage and movement of Russian-affiliated vessels, and delegate
to the Secretary my authority to approve such rules and regulations, as authorized by the
Magnuson Act.
Section 1. I hereby prohibit Russian-affiliated vessels from entering into United States ports.
Sec. 2. The prohibition of section 1 of this proclamation applies except:
(a) to Russian-affiliated vessels used in the transport of source material, special nuclear
material, and nuclear byproduct material for which, and for such time as, the Secretary of
Energy, in consultation with the Secretary of State and the Secretary of Commerce, determines
that no viable source of supply is available that would not require transport by Russian-affiliated
vessels; and
(b) to Russian-affiliated vessels requesting only to enter United States ports due to force
majeure, solely to allow seafarers of any nationality to disembark or embark for purposes of
conducting crew changes, emergency medical care, or for other humanitarian need.
Sec. 3. For the purposes of this proclamation:
(a) the term “Russian-affiliated vessels” means:
(i) vessels of Russian registry (i.e., the vessel is Russian flagged);
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(ii) vessels that are Russian owned (i.e., the legal title of ownership of the vessel that
appears on the ship’s registration documents is the Government of the Russian Federation or a
Russian company, citizen, or permanent resident); or
(iii) vessels that are Russian operated (i.e., a Russian company, citizen, or permanent
resident is responsible for the commercial decisions concerning the employment of a ship and
decides how and where that asset is employed).
(b) the term “byproduct material” has the same meaning given to that term in section 11(e) of
the Atomic Energy Act of 1954, as amended (AEA) (42 U.S.C. 2014(e)).
(c) the term “source material” has the same meaning given to that term in section 11(z) of the
AEA (42 U.S.C. 2014(z)).
(d) the term “special nuclear material” has the same meaning given to that term in section
11(aa) of the AEA (42 U.S.C. 2014(aa)).
Sec. 4. The prohibition set forth in this proclamation shall be effective as of 12:01 a.m. eastern
daylight time on April 28, 2022, and shall be immediately transmitted to the Congress and
published in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of April, in the year
of our Lord two thousand twenty-two, and of the Independence of the United States of America
the two hundred and forty-sixth.
JOSEPH R. BIDEN JR.

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File Created2022-04-25

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