[House Document 108-117]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 1st Session - - - - - - - - - - - - House Document 108-117

 
     PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO IRAQ

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

 A SIX MONTH PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO 
  IRAQ THAT WAS DECLARED IN EXECUTIVE ORDER 12722 OF AUGUST 2, 1990, 
          PURSUANT TO 50 U.S.C. 1641(c) AND 50 U.S.C. 1703(c)




    September  3, 2003.--Referred to the Committee on International 
                  Relations and ordered to be printed
                                           The White House,
                                         Washington, July 31, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with section 401(c) of the 
National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) 
of the International Emergency Economic Powers Act, 50 U.S.C. 
1703(c), I am providing a 6-month periodic report prepared by 
my Administration on the national emergency with respect to 
Iraq that was declared in Executive Order 12722 of August 2, 
1990.
            Sincerely,
                                                    George W. Bush.
     Periodic Report on the National Emergency With Respect to Iraq

    This report to the Congress addresses the developments over 
the course of the past 6 months concerning the national 
emergency with respect to Iraq that was declared in Executive 
Order 12722 of August 2, 1990, and matters relating to 
Executive Order 12724 of August 9, 1990, and Executive Order 
12817 of October 23, 1992. This report is submitted consistent 
with section 204(c) of the International Emergency Economic 
Powers Act, 50 U.S.C. 1703(c), and section 401(c) of the 
National Emergencies Act, 50 U.S.C. 1641(c).
    1. Since my last report, I have issued two new Executive 
Orders dealing with the national emergency with respect to 
Iraq. First, in Executive Order 13290 of March 20, 2003, I took 
additional steps with respect to the national emergency 
declared in Executive Order 12722 by ordering the confiscation 
and vesting of all blocked funds held in the United States in 
accounts in the name of the Government of Iraq, the Central 
Bank of Iraq, Rafidain Bank, Rasheed Bank, or the State 
Organization for Marketing Oil, except for diplomatic accounts 
and any amounts that were subject to post-judgment writs of 
execution or attachment in aid of execution of judgments 
pursuant to section 201 of the Terrorism Risk Insurance Act of 
2002 (Public Law 107-297). Executive Order 13290 resulted in 
the confiscation and vesting of more than $1.7 billion, which 
is being used to assist the Iraqi people and to assist in the 
reconstruction of Iraq.
    Second, in Executive Order 13303 of May 22, 2003, I 
declared a new national emergency to deal with a threat to the 
orderly reconstruction of Iraq, the restoration and maintenance 
of peace and security in the country, and the development of 
political, administrative, and economic institutions in Iraq. 
Among other things, I ordered that previous Iraq-related 
Executive Orders--specifically Executive Order 12722 of August 
2, 1990, Executive Order 12724 of August 9, 1990, and Executive 
Order 13290 of March 20, 2003--shall not apply to the 
Development Fund for Iraq or to Iraqi petroleum and petroleum 
products, and interests therein, and proceeds, obligations, or 
any financial instruments of any nature whatsoever arising from 
or related to the sale or marketing thereof, and interests 
therein, in which any foreign country or a national thereof has 
any interest, that are in the United States, that hereafter 
come within the United States, or that are or hereafter come 
within the possession or control of United States persons.
    2. In Presidential Determination 2003-23 of May 7, 2003, I 
took important steps toward lifting economic sanctions against 
Iraq by exercising my statutory authority to suspend the 
application of all of the provisions, other than section 586E, 
of the Iraq Sanctions Act of 1990, Public Law 101-513, and to 
make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961, Public Law 87-195, as amended, 
and any other provision of law that applies to countries that 
have supported terrorism.
    3. There have been several substantive amendments to the 
Iraqi Sanctions Regulations, 31 CFR Part 575 (the 
``Regulations''), during the current reporting period. On March 
12, 2003, the Department of the Treasury's Office of Foreign 
Assets Control (``OFAC'') published new sections 575.527 and 
575.528 of the Regulations. Section 575.527 provided for the 
case-by-case authorization of nongovernmental organizations to 
conduct certain defined humanitarian activities in the areas of 
Iraq not controlled by the Government of Iraq. Section 575.528 
authorized, by general license, more limited survey or 
assessment missions in Iraq (including those areas controlled 
by the Government of Iraq). A copy of new sections 575.527 and 
575.528 to the Regulations is attached to this report.
    On May 7, 2003, OFAC issued four more general licenses 
authorizing the following activities involving Iraq: Non-
commercial funds transfers (including family remittances) and 
related transactions, activities by the United States 
Government and its contractors or grantees, privately financed 
humanitarian transactions, and certain exports and re-exports 
to Iraq. These four general licenses have been incorporated 
into the Regulations as sections 575.529 through 575.532. A 
copy of new sections 575.529 through 575.532 of the Regulations 
is attached to this report.
    Finally, on May 23, 2003, in light of the United Nations 
Security Council Resolution No. 1483 of May 22, 2003, that 
substantially lifted multilateral economic sanctions against 
Iraq, OFAC issued a broad general license authorizing all 
transactions otherwise prohibited by the Regulations, with four 
exceptions: (1) All property and interests in property that 
were blocked as of May 23 remain blocked, (2) certain exports 
and re-exports continue to require an OFAC license, (3) 
transactions with certain Iraqi persons remain prohibited,and 
(4) transactions in certain Iraqi cultural properties remain 
prohibited. This May 23 general license was incorporated into the 
Regulations as section 575.533. A copy of the new section 575.533 of 
the Regulations is attached to this report.
    4. Since December 10, 1996, OFAC has issued specific 
licenses authorizing participation by U.S. persons in 
commercial sales of humanitarian goods to Iraq funded by Iraqi 
oil sales, and imports of Iraqi petroleum products, pursuant to 
United Nations Security Council Resolution (``UNSCR'') 986 and 
succeeding resolutions. The total value of humanitarian sales 
since 1996 is more than $813 million. Of this amount, OFAC 
licenses have authorized the sale of $521 million in basic 
foodstuffs, about $113 million for medicines and medical 
supplies, nearly $149 million for water testing and treatment 
equipment, irrigation systems, and other infrastructure 
components essential to the delivery to the Iraqi people of 
food, medicine, and other necessities of life, and 
approximately $30 million to fund a variety of United Nations 
activities in Iraq. During the current reporting period, as of 
June 3, 2003, OFAC-authorized humanitarian sales were valued at 
approximately $20 million.
    In addition, sales of oil infrastructure merchandise 
authorized since November 10, 1998, in conformity with UNSCRs 
1153 and 1175, were valued at approximately $190 million. OFAC 
issued 18 licenses during the reporting period for the sale of 
oilfield parts and equipment to the Government of Iraq.
    5. As of May 28, 2003, 11 transactions totaling 
approximately $320,000 were blocked during the reporting 
period. Seventy-four transactions, not involving blockable 
interests, were rejected by U.S. banks causing a disruption of 
more than $2.8 million in business for the former regime. 
During the current reporting period, while the Iraqi non-
governmental organization registration program was in effect, 
31 non-governmental organizations were registered for 
humanitarian activities in Iraq.
    6. Since my last report, OFAC has collected three civil 
monetary penalties or settlements totaling more than $25,000 
for violations of the sanctions from one individual, one U.S. 
financial institution, and one U.S. corporation. An additional 
five cases have been completed, with a finding of a violation 
or an agreed settlement of allegations with assessed penalties 
or settlements totaling more than $33,000, and are either 
awaiting payment or undergoing Departmental debt collection 
efforts by the Financial Management Division. Fifteen other 
cases are undergoing agency penalty enforcement action for 
violations of the Regulations.
    On February 26, 2003, a criminal indictment was filed 
against two organizations and four individuals charging 
conspiracy to send money to Iraq in violation of the 
Regulations. One individual pleaded guilty to related charges 
on April 23, 2003, and charges are still pending against the 
organizations and the other individual. No trial date has been 
set.
    7. The expenses incurred by the Federal Government in the 
6-month period from February 2 through August 1, 2003, that are 
directly attributable to the exercise of powers and authorities 
conferred by the declaration of a national emergency with 
respect to Iraq, are reported to be about $1.5 million, most of 
which represent wage and salary costs for Federal personnel. 
Personnel costs were largely centered in the Department of The 
Treasury (particularly in the Office of Foreign Assets Control; 
the U.S. Customs Service, while it was a part of the Department 
of the Treasury; the former Office of the Under Secretary for 
Enforcement; and the Office of the General Counsel); the Bureau 
of Customs and Border Protection at the Department of Homeland 
Security; and the Department of State.
    8. The United States, along with its coalition partners, 
continues to work to stabilize Iraq, identify and dismantle 
Iraq's weapons of mass destruction, capture former regime 
leaders, and locate and return Iraqi assets overseas for the 
benefit of the Iraqi people. As part of the Coalition 
Provisional Authority, the United States is providing for the 
temporary governance of Iraq, including the establishment of a 
process to lead to a new internationally recognized government.



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