1625-0106 Stat/Authority

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TITLE 50—WAR AND NATIONAL DEFENSE

ed in me by the Constitution and the laws of the United
States of America, including section 1 of title II of Public Law 65–24, ch. 30, June 15, 1917, as amended (50
U.S.C. 191), sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621, 1631],
and section 301 of title 3, United States Code, in order
to expand the scope of the national emergency declared
in Proclamation 6867 of March 1, 1996 [set out above],
and to secure the observance of the rights and obligations of the United States, hereby authorize and direct
the Secretary of Homeland Security (the ‘‘Secretary’’)
to make and issue such rules and regulations as the
Secretary may find appropriate to regulate the anchorage and movement of vessels, and authorize and approve the Secretary’s issuance of such rules and regulations, as authorized by the Act of June 15, 1917 [see
Tables for classification].
SECTION 1. The Secretary may make rules and regulations governing the anchorage and movement of any
vessel, foreign or domestic, in the territorial waters of
the United States, which may be used, or is susceptible
of being used, for voyage into Cuban territorial waters
and that may create unsafe conditions, or result in unauthorized transactions, and thereby threaten a disturbance of international relations. Any rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance as such rule or regulation shall involve a foreign affairs function of the
United States.
SEC. 2. The Secretary is authorized to inspect any
vessel, foreign or domestic, in the territorial waters of
the United States, at any time; to place guards on any
such vessel; and, with my consent expressly hereby
granted, take full possession and control of any such
vessel and remove the officers and crew and all other
persons not specifically authorized by the Secretary to
go or remain on board the vessel when necessary to secure the rights and obligations of the United States.
SEC. 3. The Secretary may request assistance from
such departments, agencies, officers, or instrumentalities of the United States as the Secretary deems necessary to carry out the purposes of this proclamation.
Such departments, agencies, officers, or instrumentalities shall, consistent with other provisions of law and
to the extent practicable, provide requested assistance.
SEC. 4. The Secretary may seek assistance from State
and local authorities in carrying out the purposes of
this proclamation. Because State and local assistance
may be essential for an effective response to this emergency, I urge all State and local officials to cooperate
with Federal authorities and to take all actions within
their lawful authority necessary to prevent the unauthorized departure of vessels intending to enter Cuban
territorial waters.
SEC. 5. All powers and authorities delegated by this
proclamation to the Secretary may be delegated by the
Secretary to other officers and agents of the United
States Government unless otherwise prohibited by law.
SEC. 6. Any provisions of Proclamation 6867 [set out
above] that are inconsistent with the provisions of this
proclamation are superseded to the extent of such inconsistency.
SEC. 7. This proclamation shall be immediately transmitted to the Congress and published in the Federal
Register.
IN WITNESS WHEREOF, I have hereunto set my
hand this twenty-sixth day of February, in the year of
our Lord two thousand four, and of the Independence of
the United States of America the two hundred and
twenty-eighth.
GEORGE W. BUSH.

§ 191a. Transfer of Secretary of Transportation’s
powers to Secretary of Navy when Coast
Guard operates as part of Navy
When the Coast Guard operates as a part of
the Navy pursuant to section 3 of title 14, the
powers conferred on the Secretary of Transpor-

§ 192

tation by section 191 of this title, shall vest in
and be exercised by the Secretary of the Navy.
(Nov. 15, 1941, ch. 471, § 2, 55 Stat. 763; Pub. L.
87–845, § 11, Oct. 18, 1962, 76A Stat. 699; Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938.)
AMENDMENTS
1962—Pub. L. 87–845 substituted ‘‘section 3 of title 14’’
for ‘‘section 1 of title 14’’.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87–845 effective Jan. 2, 1963,
see section 25 of Pub. L. 87–845, set out as a note under
section 414 of Title 28, Judiciary and Judicial Procedure.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
‘‘Secretary of Transportation’’ substituted in text for
‘‘Secretary of the Treasury’’ pursuant to section 6(b)(1)
of Pub. L. 89–670, which transferred Coast Guard to Department of Transportation and transferred to and
vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation.

§ 191b. Repealed. Pub. L. 96–70, title
§ 3303(a)(5), Sept. 27, 1979, 93 Stat. 499

III,

Section, acts Nov. 15, 1941, ch. 471, § 4, 55 Stat. 763;
Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038; Oct. 18, 1962,
Pub. L. 87–845, § 12, 76A Stat. 699, provided that this section, section 191a of this title, and section 91 of title 14
not affect the authority of the Governor of the Canal
Zone conferred by section 191 of this title or section 34
of Title 2, Canal Zone Code.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1979, see section 3304 of Pub.
L. 96–70, set out as an Effective Date note under section
3601 of Title 22, Foreign Relations and Intercourse.

§ 191c. Repealed. Aug. 4, 1949, ch. 393, § 20, 63
Stat. 561
Section, act Nov. 15, 1941, ch. 471, § 1, 55 Stat. 763, related to control of anchorage and movement of vessels
to insure safety of naval vessels. See section 91 of Title
14, Coast Guard.

§ 192. Seizure and forfeiture of vessel; fine and
imprisonment
(a) In general
If any owner, agent, master, officer, or person
in charge, or any member of the crew of any
such vessel fails to comply with any regulation
or rule issued or order given under the provisions of this title,1 or obstructs or interferes
with the exercise of any power conferred by this
title,1 the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject
to seizure and forfeiture to the United States in
the same manner as merchandise is forfeited for
1 See

References in Text note below.

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TITLE 50—WAR AND NATIONAL DEFENSE

violation of the customs revenue laws; and the
person guilty of such failure, obstruction, or interference shall be punished by imprisonment
for not more than ten years and may, in the discretion of the court, be fined not more than
$10,000.
(b) Application to others
If any other person knowingly fails to comply
with any regulation or rule issued or order given
under the provisions of this title,1 or knowingly
obstructs or interferes with the exercise of any
power conferred by this title,1 he shall be punished by imprisonment for not more than ten
years and may, at the discretion of the court, be
fined not more than $10,000.
(c) Civil penalty
A person violating this title,1 or a regulation
prescribed under this title,1 shall be liable to the
United States Government for a civil penalty of
not more than $25,000 for each violation. Each
day of a continuing violation shall constitute a
separate violation.
(d) In rem liability
Any vessel that is used in violation of this
title,1 or of any regulation issued under this
title,1 shall be liable in rem for any civil penalty
assessed pursuant to subsection (c) of this section and may be proceeded against in the United
States district court for any district in which
such vessel may be found.
(e) Withholding of clearance
(1) In general
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty
or fine under subsection (c) of this section, or
if reasonable cause exists to believe that the
owner, agent, master, officer, or person in
charge may be subject to a penalty or fine
under this section, the Secretary may, with
respect to such vessel, refuse or revoke any
clearance required by section 60105 of title 46.
(2) Clearance upon filing of bond or other surety
The Secretary may require the filing of a
bond or other surety as a condition of granting
clearance refused or revoked under this subsection.
(June 15, 1917, ch. 30, title II, § 2, 40 Stat. 220;
Mar. 28, 1940, ch. 72, § 3(a), 54 Stat. 79; Nov. 15,
1941, ch. 471, § 3, 55 Stat. 763; Aug. 9, 1950, ch. 656,
§ 3, 64 Stat. 428; Pub. L. 107–295, title I, § 104(b),
Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title
VIII, § 802(b), Aug. 9, 2004, 118 Stat. 1079.)
REFERENCES IN TEXT
This title, referred to in subsecs. (a) to (d), means
title II of act June 15, 1917, ch. 30, 40 Stat. 220, as
amended, which enacted sections 191 and 192 to 194 of
this title. For complete classification of title II to the
Code, see Tables.
CODIFICATION
In subsec. (e)(1), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–293, § 802(b)(1), substituted ‘‘title’’ for ‘‘Act’’ in two places.

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Subsecs. (d), (e). Pub. L. 108–293, § 802(b)(2), added subsecs. (d) and (e).
2002—Pub. L. 107–295 inserted subsec. headings, designated first par. as subsec. (a), redesignated former
subsec. (a) as (b), and added subsec. (c).
1950—Subsec. (a). Act Aug. 9, 1950, added subsec. (a).
1941—Act Nov. 15, 1941, struck out ‘‘by the Secretary
of the Treasury or the Governor of the Panama Canal’’
before ‘‘under the provisions of this title’’.
1940—Act Mar. 28, 1940, increased term of imprisonment.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

§ 193. Repealed. June 25, 1948, ch. 645, § 21, 62
Stat. 862
Section, acts June 15, 1917, ch. 30, title II, § 3, 40 Stat.
220; Mar. 28, 1940, ch. 72, § 3(b), 54 Stat. 79, related to destruction of, injury to, or improper use of vessels. See
section 2274 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 1, 1948, see section 38 of act
June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§ 194. Enforcement provisions
The President may employ such departments,
agencies, officers, or instrumentalities of the
United States as he may deem necessary to
carry out the purpose of this title.1
(June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220;
Aug. 9, 1950, ch. 656, § 2, 64 Stat. 428.)
REFERENCES IN TEXT
This title, referred to in text, means title II of act
June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1950—Act Aug. 9, 1950, authorized President to employ
such departments, agencies, etc., as he may deem necessary to carry out title II of act June 15, 1917.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

§ 195. Definitions
In this Act:
(1) UNITED STATES.—The term ‘‘United
States’’ includes all territory and waters, continental or insular, subject to the jurisdiction
of the United States.
(2) TERRITORIAL WATERS.—The term ‘‘territorial waters of the United States’’ includes
all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928 of December 27, 1988.
(June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231;
Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93
Stat. 498; Pub. L. 107–295, title I, § 104(a), Nov. 25,
2002, 116 Stat. 2085.)
REFERENCES IN TEXT
This Act, referred to in text, means act June 15, 1917,
ch. 30, 40 Stat. 217, as amended. For complete classification of this Act to the Code, see Tables.
1 See

References in Text note below.