02-24-2025

Continuation of the National Emergency With Respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels

NoticeView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: A notice from the White House, dated February 20, 2025, formally continuing the national emergency concerning Cuba for another year. This emergency declaration provides the legal authority to regulate the movement of U.S. vessels near Cuba, aiming to prevent international incidents and potential mass migration.

Money: This executive action has no direct cost or CBO score. However, the underlying U.S. embargo on Cuba, which this emergency helps enforce, is estimated to cost the U.S. economy $1.2 billion per year in lost trade, while the Cuban government estimates the total cost to its economy is in the hundreds of billions of dollars over several decades.

Your Impact: For the average American, the direct impact is minimal. The action primarily affects U.S. citizens who may wish to travel to Cuba by private vessel. It is a key part of the broader U.S. policy that restricts travel, trade, and financial transactions with Cuba.

Status: This is a notice of continuation for a pre-existing national emergency. It was filed for publication in the Federal Register on February 21, 2025, with a publication date of February 24, 2025, and is currently in effect.

What's Actually in the Notice

This executive branch notice is a procedural but critical action required by law to maintain certain U.S. policies toward Cuba. It does not create a new law but extends powers the President has been using for years. The notice ensures that a national emergency first declared in 1996 remains active.

Core Provisions:

  • The notice continues the national emergency first declared in Proclamation 6867 on March 1, 1996. This was a response to the Cuban military shooting down two unarmed, U.S.-registered civilian aircraft.
  • It reaffirms the expansion of this emergency from Proclamation 7757 (2004), which aimed to deny financial support to the Cuban government.
  • The justification for the continuation rests on two key threats:
    1. The Cuban government has not shown it will "refrain from the use of excessive force" against U.S. vessels or aircraft.
    2. The "unauthorized entry" of U.S. vessels into Cuban waters could trigger a "mass migration from Cuba," which is deemed a threat to U.S. national security.
  • The legal authority for this continuation is cited as Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)).

Stated Purpose (from the White House):

The stated goal is to protect U.S. foreign policy and national security.

  1. To address the "disturbance or threatened disturbance of international relations" related to Cuba.
  2. To prevent a potential mass migration from Cuba that would endanger the United States.
  3. To deter hostile actions by the Cuban government against U.S. vessels and aircraft.

Key Facts:

Affected Sectors: Maritime, Foreign Relations, National Security.
Timeline: This continuation extends the national emergency for one year, until February 2026. Under the National Emergencies Act, the President must renew such emergencies annually, or they automatically terminate.
Scope: The action primarily affects the geographic area between the U.S. and Cuba and applies to operators of U.S.-registered vessels.

The Backstory: How We Got Here

Timeline of Events:

The Cold War and the Embargo (1959-1990s):

Following the 1959 Cuban Revolution, Fidel Castro's government began nationalizing private property, including significant U.S. assets. In response, the Eisenhower administration severed diplomatic relations in 1961, and President John F. Kennedy imposed a comprehensive trade embargo in 1962, which has remained in various forms ever since. This policy defined U.S.-Cuba relations for decades.

The "Brothers to the Rescue" Incident (1996):

On February 24, 1996, the Cuban Air Force shot down two civilian aircraft operated by the U.S.-based exile group "Brothers to the Rescue" in international airspace. This event caused a major international disturbance. In response, President Bill Clinton declared a national emergency via Proclamation 6867, invoking powers to regulate vessel traffic to prevent further confrontations. This is the specific emergency that is continued today.

Policy Adjustments (2004-2018):

In 2004, President George W. Bush expanded the emergency to include denying monetary support to the Cuban government. During the "Cuban Thaw," President Barack Obama re-established diplomatic relations in 2015 and modified the language of the emergency in 2016 to reflect this, but he continued the emergency itself, citing migration concerns. The Trump administration reversed many of Obama's policies, tightening sanctions.

Why Now? The Political Calculus:

  • Legal Requirement: The National Emergencies Act mandates that the President must actively renew a national emergency within 90 days of its anniversary; otherwise, it expires. This notice fulfills that legal requirement.
  • Maintaining the Status Quo: Allowing the emergency to lapse would remove the specific legal authority used to regulate vessel traffic and could be interpreted as a major, abrupt shift in U.S.-Cuba policy, undermining the broader embargo framework.
  • Political Pressure: The policy toward Cuba is politically sensitive. A vocal contingent, particularly within the Cuban-American community in Florida, supports a hardline stance. Meanwhile, various business, agricultural, and human rights groups advocate for lifting the embargo to open new markets and alleviate hardship for the Cuban people. Continuing the emergency is the path of least resistance for maintaining the long-standing policy.

Your Real-World Impact

The Direct Answer: This continuation directly affects a very specific group—U.S. vessel operators—but serves as a foundation for the wider embargo that impacts Cuban-Americans, potential U.S. exporters, and the entire population of Cuba.

What Could Change for You:

Potential Benefits:

  • National Security: The administration's stated benefit is preventing a chaotic international incident or a mass migration event, thereby protecting U.S. borders and foreign relations.
  • Orderly Migration: The policy is intended to support safe, orderly, and legal migration channels by deterring unauthorized sea travel.

Possible Disruptions or Costs:

Short-term (Annually):

  • Economic Loss: The continuation of the embargo, supported by this emergency, means U.S. businesses, especially in agriculture and tourism, continue to lose out on a potential market of 11 million people just 90 miles from U.S. shores. Estimates place the cost to the U.S. economy at $1.2 billion per year.

Long-term:

  • Impact on Cubans: The embargo has had a severe long-term impact on the Cuban economy, contributing to shortages of food, medicine, and other essential goods. The Cuban government has estimated the total economic damage at over $900 billion.
  • Restrictions on Americans: U.S. citizens remain broadly restricted from traveling to and spending money in Cuba, limiting personal and business opportunities.

Who's Most Affected:

Primary Groups: Cuban citizens, who bear the brunt of the economic impact; Cuban-Americans, whose ability to travel and send support to family is regulated; and U.S. boaters and yachters.
Secondary Groups: U.S. farmers, travel companies, and other industries that could trade with Cuba.
Regional Impact: The policy has a significant political and social impact on South Florida due to its large Cuban-American population.

Bottom Line: This annual renewal maintains decades-old restrictions, directly limiting sea travel and underpinning the economic embargo that affects millions in both the U.S. and Cuba.

Where the Parties Stand

Republican Position: "Maintaining Pressure for Freedom"

Core Stance: The Republican party platform generally advocates for a strong, hardline policy against Cuba's communist government and supports maintaining the economic embargo.

Their Arguments:

  • ✓ They support sanctions as a tool to pressure the Cuban regime for democratic reforms and respect for human rights.
  • ⚠️ While the dominant position is pro-embargo, some Republicans from agricultural or business-focused states have expressed interest in opening up trade.
  • ✗ They actively oppose lifting the embargo without fundamental changes in Cuba, arguing it would only enrich the current government.

Legislative Strategy: Attempting to strengthen sanctions and oppose efforts to normalize relations until there is a transition to democracy in Cuba.

Democratic Position: "Cautious Engagement and Human Rights"

Core Stance: The Democratic Party is more divided, but its platform generally supports moving toward normalized relations and ending the embargo.

Their Arguments:

  • ✓ They widely support easing travel restrictions, promoting people-to-people contact, and encouraging Cuba's small private sector.
  • ⚠️ The party is split on how quickly to lift the embargo, with some members, particularly those with constituencies in South Florida, advocating for a more cautious approach.
  • ✗ They argue the 60-year-old embargo has failed to produce democratic change and has primarily harmed the Cuban people.

Legislative Strategy: Pushing for the lifting of travel and remittance restrictions, re-engaging in diplomatic talks, and building coalitions to eventually dismantle the embargo.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's action is not based on inherent constitutional power but on authority delegated by Congress through federal law.

National Emergencies Act (50 U.S.C. 1622(d)): "[A]ny national emergency declared by the President...shall terminate on the anniversary of the declaration...if, within the ninety-day period prior to each anniversary date, the President does not publish in the Federal Register and transmit to the Congress a notice stating that such emergency is to continue in effect after such anniversary."

Constitutional Implications:

Legal Principle: The President is acting within the procedural framework established by the National Emergencies Act of 1976. This act was specifically created to provide congressional oversight for such declarations.
Precedent: Every U.S. President since 1997 has renewed this specific national emergency regarding Cuba on an annual basis. The use of the National Emergencies Act for foreign policy and sanctions is a well-established practice.
Federalism: This action concerns foreign relations and international maritime boundaries, which are firmly within the jurisdiction of the federal government, not the states.

Potential Legal Challenges:

Legal challenges to the continuation notice itself are highly unlikely to succeed, as it strictly follows the renewal procedure required by law. Any challenges would more likely target the specific sanctions or regulations implemented under the authority of the emergency, not the annual renewal.

Your Action Options

TO SUPPORT THIS ACTION

(This means you support continuing the national emergency and the associated restrictions on Cuba.)

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support the administration's current tough stance on Cuba and the continuation of the national emergency."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the House Foreign Affairs Committee and Senate Foreign Relations Committee to express your support for maintaining pressure on the Cuban government.
  • Join an Organization: Groups like the Center for a Free Cuba advocate for policies that maintain sanctions.

TO OPPOSE THIS ACTION

(This means you oppose continuing the national emergency and want to see the embargo lifted.)

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to vote against the continuation of the national emergency on Cuba and to support lifting the failed 60-year embargo."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing that the embargo harms the Cuban people and U.S. economic interests.
  • Join an Organization: A wide range of groups advocate for ending the embargo, including the Washington Office on Latin America (WOLA), Amnesty International, and the Alliance for Cuba Engagement and Respect (ACERE).