Proclamation 10371-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
Issued 2022-04-21 by Joseph R. Biden Jr.
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Proclamation 10371 declares a national emergency and invokes the President's emergency authority to regulate the anchorage and movement of vessels affiliated with Russia in United States ports. The proclamation was issued in April 2022 in response to Russia's ongoing invasion of Ukraine and as part of the administration's broader economic pressure campaign against Russia. It allows the Coast Guard to restrict Russian-affiliated ships from entering U.S. ports, consistent with actions taken by allied nations to isolate Russia economically.
The proclamation directly affects Russian-affiliated shipping companies, vessels flying the Russian flag or owned by Russian interests, and the ports and industries that would otherwise interact with those vessels. It is part of a broader package of sanctions and trade restrictions the administration imposed following Russia's invasion of Ukraine.
The President's authority to declare a national emergency and regulate foreign vessel access to U.S. ports is grounded in the Ports and Waterways Safety Act, the International Emergency Economic Powers Act, and related statutes. The use of national emergency authority for targeted economic pressure campaigns has been upheld by courts and is a well-established tool of presidential foreign policy.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 10371-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") invokes emergency or national security authority. The President's stated rationale: "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." The National Emergencies Act (1976) and the International Emergency Economic Powers Act (IEEPA) grant the President significant powers when a national emergency is declared, including the authority to impose sanctions, restrict transactions, and direct economic responses.
Congress can terminate a national emergency by joint resolution, but that requires overriding a presidential veto — effectively a two-thirds supermajority. Critics argue this inverts the constitutional design, where emergency powers should expire by default and require congressional renewal. The legitimacy of any specific emergency declaration depends on whether the described threat genuinely constitutes the kind of emergency Congress contemplated when it delegated these powers.
Official Summary
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