[House Document 108-213]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 2d Session - - - - - - - - - - - - House Document 108-
213
 
       TERMINATION OF THE NATIONAL EMERGENCY WITH RESPECT TO IRAQ

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              Transmitting

 NOTIFICATION TO TERMINATE THE NATIONAL EMERGENCY WITH RESPECT TO IRAQ 
IN EXECUTIVE ORDER 12722 OF AUGUST 2, 1990, MODIFIED IN EXECUTIVE ORDER 
  13290 OF MARCH 20, 2003, EXECUTIVE ORDER 13303 OF MAY 22, 2003, AND 
EXECUTIVE ORDER 13315 OF AUGUST 28, 2003, PURSUANT TO 50 U.S.C. 1622(a)




    September 13, 2004.--Referred to the Committee on International 
                  Relations and ordered to be printed
                                           The White House,
                                         Washington, July 29, 2004.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with subsection 304(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b) 
(IEEPA), I hereby report that I have issued an Executive Order 
(this ``order'') in which I terminate the national emergency 
declared in Executive Order 12722 of August 2, 1990, amend 
Executive Order 13290 of March 20, 2003, and take additional 
steps regarding the national emergency I declared in Executive 
Order 13303 of May 22, 2003, and expanded in Executive Order 
13315 of August 28, 2003. I have determined that the situations 
that gave rise to these national emergencies have been 
significantly altered by the removal of the regime of Saddam 
Hussein and other developments.
    Executive Order 12722 of August 2, 1990, imposed sanctions 
on Iraq in response to its invasion of Kuwait and other 
actions. Those sanctions were modified in Executive Order 12724 
of August 9, 1990, in light of United Nations Security Council 
Resolution (UNSCR) 661 of August 6, 1990, which also imposes 
sanctions on Iraq. I have determined that the removal of the 
regime of Saddam Hussein warrants the termination altogether of 
the national emergency declared in Executive Order 12722. This 
action is consistent with United Nations Security Council 
Resolutions 1483 and 1546, of May 22, 2003, and June 8, 2004, 
respectively, which substantially lifted the multilateral 
economic sanctions against Iraq.
    Although I am terminating the national emergency declared 
in Executive Order 12722, pursuant to my authority under IEEPA, 
I am continuing for the near future certain prohibitions with 
respect to property previously blocked pursuant to Executive 
Orders 12722 and 12724. Such prohibitions are necessary on 
account of claims involving Iraq.
    Consistent with section 203(a)(1)(C) of IEEPA, 50 U.S.C. 
1702(a)(1)(C), in Executive Order 13290 of March 20, 2003, I 
ordered that certain 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 be confiscated and vested in the 
Department of the Treasury. I originally exercised these 
authorities in furtherance of Executive Order 12722. In light 
of the changed circumstances in Iraq, and my decision to 
terminate the national emergency declared in Executive Order 
12722, I have now determined that the exercise of authorities 
in Executive Order 13290 should continue in order to address 
the national emergency I declared in Executive Order 13303 of 
May 22, 2003, and expanded in Executive Order 13315 of August 
28, 2003, regarding the obstacles posed to the orderly 
reconstruction of Iraq. This order amends Executive Order 13290 
to that effect.
    In Executive Order 13303 of May 22, 2003, I declared a 
national emergency to address the unusual and extraordinary 
threat to the national security and foreign policy of the 
United States posed by obstacles to the orderly reconstruction 
of Iraq, the restoration and maintenance of peace and security 
in that country, and the development of political, 
administrative, and economic institutions in Iraq. I expanded 
that emergency in Executive Order 13315 of August 28, 2003, in 
light of UNSCR 1483 of May 22, 2003, in which the Security 
Council decided that states shall freeze the assets of the 
former Iraqi regime, Saddam Hussein, and other senior officials 
of the former Iraqi regime, and their immediate family members, 
among others, and cause the transfer of certain of those assets 
to the Development Fund for Iraq. Executive Order 13315 
implements this provision of UNSCR 1483.
    This order further modifies the actions taken to address 
the national emergency declared in Executive Order 13303, as 
expanded in Executive Order 13315 to include certain persons 
determined to have been subject to economic sanctions pursuant 
to Executive Order 12722 and 12724. Because of their 
association with the prior Iraqi regime, I have determined that 
these persons present an obstacle to the orderly reconstruction 
of Iraq, the restoration and maintenance of peace and security 
in that country, and the development of political, 
administrative, and economic institutions in Iraq and, 
therefore, I have determined that such persons should be 
subject to sanctions under Executive Order 13315.
    Additionally, in UNSCR 1483, the Security Council decided 
that states shall take appropriate steps to facilitate the safe 
return to Iraqi institutions of Iraqi cultural property or 
other items of archaeological, historical, cultural, rare 
scientific, and religious importance that were illegally 
removed from the Iraq National Museum, the National Library, 
and other locations in Iraq since August 6, 1990, including by 
establishing a prohibition on trade in or transfer of such 
items and items with respect to which reasonable suspicion 
exists that they have been illegally removed. This order, among 
other actions, implements this international legal obligation.
    I have delegated to the Secretary of the Treasury, in 
consultation with the Secretary of State, the authority to take 
such actions, including the promulgation of rules and 
regulations, and to imply all powers granted to me by IEEPA and 
the Untied Nations Participation Act of 1945, as amended, as 
may be necessary to carry out the purposes of this order. The 
Secretary of the Treasury may redelegate any of these functions 
to other officers and agencies of the United States Government 
consistent with applicable law. I have directed all agencies of 
the United States Government to take all appropriate measures 
within their authority to carry out the provisions of this 
order.
    I have enclosed a copy of this order, which became 
effective at 12:01 a.m. eastern daylight time on July 30, 2004.
            Sincerely,
                                                    George W. Bush.

                            Executive Order

                              ----------                              


Termination of Emergency Declared in Executive Order 12722 With Respect 
  to Iraq and Modification of Executive Order 13290, Executive Order 
                    13303, and Executive Order 13315

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations 
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and 
section 301 of title 3, United States Code,
    I, GEORGE W. BUSH, President of the United States of 
America, have determined that the situation that gave rise to 
the declaration of a national emergency with respect to Iraq in 
Executive Order 12722 of August 2, 1990, has been significantly 
altered by the removal of the regime of Saddam Hussein and 
other developments. I hereby terminate the national emergency 
declared in Executive Order 12722, revoke that Executive Order 
and Executive Order 12724 of August 9, 1990, Executive Order 
12734 of November 14, 1990, Executive Order 12743 of January 
18, 1991, Executive Order 12751 of February 14, 1991, and 
Executive Order 12817 of October 21, 1992, that are based on 
that national emergency. I hereby amend Executive Order 13290 
of March 20, 2003, so that the authorities therein remain in 
effect based on the national emergency I declared in Executive 
Order 13303 of May 22, 2003, and expanded in Executive Order 
13315 of August 28, 2003. At the same time, and in order to 
take additional steps to deal with the national emergency that 
I declared in Executive Order 13303, and expanded in Executive 
Order 13315, with respect to the unusual and extraordinary 
threat to the national security and foreign policy of the 
United States posed by obstacles to the orderly reconstruction 
of Iraq, the restoration and maintenance of peace and security 
in that country, and the development of political, 
administrative and economic institutions in Iraq, I hereby 
order:
    Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 
1622(a)), termination of the national emergency declared in 
Executive Order 12722 shall not affect any action taken or 
proceeding pending but not finally concluded or determined as 
of the effective date of this order, any action or proceeding 
based on any act committed prior to such date, or any rights or 
duties that matured or penalties that were incurred prior to 
such date. Pursuant to section 207(a) of IEEPA (50 U.S.C. 
1706(a)), and subject to such regulations, order, directives, 
or licenses as may be issued pursuant to this order, I hereby 
determine that the continuation of prohibitions with regard to 
transactions involving property blocked pursuant to Executive 
Orders 12722 or 12724 that continues to be blocked as of the 
effective date of this order is necessary on account of claims 
involving Iraq.
    Sec. 2. The Annex to Executive Order 13315 is replaced and 
superseded in its entirety by the Annex to this order.
    Sec. 3. I hereby amend Executive Order 13290 by removing 
``the national emergency declared in Executive Order 12722 of 
August 2, 1990'' and replacing it with ``the national emergency 
declared in Executive Order 13303 of March 20, 2003, and 
expanded in Executive Order 13315 of August 28, 2003''.
    Sec. 4. Unless licensed or otherwise authorized pursuant to 
this order or otherwise consistent with U.S. law, the trade in 
or transfer of ownership or possession of Iraqi cultural 
property or other items of archeological, historical, cultural, 
rare scientific, and religious importance that were illegally 
removed, or for which a reasonable suspicion exists that 
theywere illegally removed, from the Iraq National Museum, the National 
Library, and other locations in Iraq since August 6, 1990, is 
prohibited.
    Sec. 5. I hereby determine that the making of donations of 
the type specified in section 203(b)(2) of IEEPA (50 U.S.C. 
1702(b)(2)) by or to persons determined to be subject to the 
sanctions imposed by Executive Order 13315 or by this order 
would seriously impair my ability to deal with the national 
emergency declared in Executive Order 13303, and expanded by 
Executive Order 13315, or would endanger the Armed Forces of 
the United States that are engaged in hostilities, and I hereby 
prohibit such donations as provided in section 1 of Executive 
Order 13315 as amended by this order.
    Sec. 6. For those persons listed in the Annex to this order 
or determined to be subject to Executive Order 13315 or this 
order who might have a constitutional presence in the United 
States, I find that because of the ability to transfer funds or 
other assets instantaneously, prior notice to such persons of 
measures to be taken pursuant to this order would render these 
measures ineffectual. I therefore determine that for these 
measures to be effective in addressing the national emergency 
declared in Executive Order 13303, and expanded by Executive 
Order 13315, there need be no prior notice of a listing or 
determination made pursuant to Executive Order 13315 or this 
order.
    Sec. 7. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to take such 
actions, including the promulgation of rules and regulations, 
and to employ all powers granted to the President by IEEPA and 
UNPA as may be necessary to carry out the purposes of this 
order. The Secretary of the Treasury may redelegate any of 
these functions to other officers and agencies of the United 
States Government consistent with applicable law. All agencies 
of the United States Government are hereby directed to take all 
appropriate measures within their authority to carry out the 
provisions of this order.
    Sec. 8. The Secretary of the Treasury, in consultation with 
the Secretary of State, is authorized to determine subsequent 
to the issuance of the order, that circumstances no longer 
warrant the inclusion of a person in the Annex to this order 
and that such person is therefore no longer covered within the 
scope of the order.
    Sec. 9. This order is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable at 
law or in equity by any party against the United States, its 
departments, agencies, instrumentalities, or entities, officers 
or employees, or any other person.
    Sec. 10. This order is effective at 12:01 a.m. eastern 
daylight time on July 30, 2004. This order shall be transmitted 
to the Congress and published in the Federal Register.

                                                    George W. Bush.
    The White House, July 29, 2004.
    
    
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