[House Document 108-238]
[From the U.S. Government Publishing Office]
108th Congress, 2d Session - - - - - - - - - - - House Document 108-238
AN EXECUTIVE ORDER MODIFYING THE SCOPE OF THE NATIONAL EMERGENCY
DECLARED IN EXECUTIVE ORDER 13303 OF MAY 22, 2003
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ISSUING AN EXECUTIVE ORDER MODIFYING THE SCOPE OF THE NATIONAL
EMERGENCY DECLARED IN EXECUTIVE ORDER 13303 OF MAY 22, 2003, EXPANDED
IN EXECUTIVE ORDER 13315 OF AUGUST 28, 2003, AND FURTHER MODIFIED IN
EXECUTIVE ORDER 13350 OF JULY 29, 2004, DUE TO A DETERMINATION THAT AN
ADDITIONAL THREAT EXISTS WITH RESPECT TO WHICH THE NATIONAL EMERGENCY
WAS DECLARED AND EXPANDED IN THOSE EXECUTIVE ORDERS; AND DUE TO THE
NEED FOR REVISION IN LIGHT OF UNITED NATIONS SECURITY COUNCIL
RESOLUTIONS 1483 OF MAY 22, 2003 AND 1546 OF JUNE 8, 2004,
RESPECTIVELY, PURSUANT TO 50 U.S.C. 1703(b).
December 6, 2004.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed.
The White House,
Washington, November 29, 2004.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Consistent with subsection 204(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 (the
``order'') in which I modify the scope of the national
emergency declared in Executive Order 13303 of May 22, 2003,
expanded in Executive Order 13315 of August 28, 2003, and
further modified in Executive Order 13350 of July 29, 2004. I
have determined that an additional threat exists with respect
to which the national emergency was declared and expanded in
those Executive Orders. I have also determined that steps taken
in Executive Order 13303 to deal with the national emergency
declared therein need to be revised in light of United Nations
Security Council Resolutions 1483 of May 22, 2003, and 1546 of
June 8, 2004, respectively. I have enclosed a copy of the
order.
In Executive Order 13303 of May 22, 2003, I found that the
threat of attachment or other judicial process against the
Development Fund for Iraq, 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, obstructed 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. I determined that this situation
constituted an unusual and extraordinary threat to the national
security and foreign policy of the United States, and I
declared a national emergency to deal with that threat.
Consistent with IEEPA, as amended, (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
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, in Executive Order 13303 I ordered, inter alia,
that unless licensed or otherwise authorized pursuant to that
order, any attachment, judgment, decree, lien, execution,
garnishment, or other judicial process is prohibited, and shall
be deemed null and void, with respect to the following:
(a) the Development Fund for Iraq, and
(b) all Iraqi petroleum and petroleum products, and
interests therein, and proceeds, obligations, or any
other 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.
Consistent with United Nations Security Council Resolutions
1483 and 1546, I have determined that the steps taken in
Executive Order 13303 to deal with the emergency declared
therein need to be revised so that such steps do not apply with
respect to any final judgment arising out of a contractual
obligation entered into by the Government of Iraq, including
any agency or instrumentality thereof, after June 30, 2004, and
so that, with respect to Iraqi petroleum and petroleum products
and interests therein, such steps shall apply only until title
passes to the initial purchaser.
The new order provides that protections granted by section
1 of Executive Order 13303, as well as the protections granted
by this order to the property of the Central Bank of Iraq, do
not apply with respect to any final judgment arising out of a
contractual obligation entered into by the Government of Iraq,
including any agency or instrumentality thereof, after June 30,
2004.
In addition, the order modifies section 1 of Executive
Order 13303 to provide that the protections granted therein to
all Iraqi petroleum and petroleum products, and interests
therein, apply only until title passes to the initial
purchaser.
Furthermore, I now find that the threat of attachment or
other judicial process against the assets of the Central Bank
of Iraq constitutes one of the obstacles 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. I
have determined that the scope of the national emergency
declared in ExecutiveOrder 13303, as expanded by Executive
Order 13315, and modified by Executive Order 13350, be further modified
to address this threat.
Consequently, the order modifies the actions taken to
address the national emergency declared in Executive Order
13303, as expanded by Executive Order 13315, and further
modified in Executive Order 13350, by amending section 1 of
Executive Order 13303 to extend the protections granted therein
against any attachment, judgment, decree, lien, execution,
garnishment, or other judicial process to any accounts, assets,
investments, or any other property of any kind owned by,
belonging to, or held by the Central Bank of Iraq, or held,
maintained, or otherwise controlled by any financial
institution of any kind in the name of, on behalf of, or
otherwise for the Central Bank of Iraq.
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, 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 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.
Sincerely,
George W. Bush.
Executive Order
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Modifying the Protection Granted to the Development Fund for Iraq and
Certain Property in Which Iraq Has an Interest and Protecting the
Central Bank of Iraq
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act, as
amended (50 U.S.C. 1701 et seq.) (IEEPA), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the
United States 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, hereby modify the scope of the national emergency
declared in Executive Order 13303 of May 22, 2003, and expanded
in Executive Order 13315 of August 28, 2003, and further
modified in Executive Order 13350 of July 29, 2004, 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 find that the threat of attachment or
other judicial process against the Central Bank of Iraq
constitutes one of these obstacles. I further determine that,
consistent with the United Nations Security Council Resolutions
1483 of May 22, 2003, and 1546 of June 8, 2004, the steps taken
in Executive Order 13303 to deal with the national emergency
declared therein need to be limited so that such steps do not
apply with respect to any final judgment arising out of a
contractual obligation entered into by the Government of Iraq,
including any agency or instrumentality thereof, after June 30,
2004, and so that, with respect toIraqi petroleum and petroleum
products and interests therein, such steps shall apply only until title
passes to the initial purchaser.
I hereby order:
Section 1. Section 1 of Executive Order 13303 is hereby
amended to read as follows:
``Section 1. (a) Except as provided in section 1(b) of this
order, and unless licensed or otherwise authorized pursuant to
this order, any attachment, judgment, decree, lien, execution,
garnishment, or other judicial process is prohibited and shall
be deemed null and void with respect to the following:
(i) the Development Fund for Iraq;
(ii) all Iraqi petroleum and petroleum products, and
interests therein, but only until title passes to the
initial purchaser, 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; and
(iii) any accounts, assets, investments, or any other
property of any kind owned by, belonging to, or held by
the Central Bank of Iraq, or held, maintained, or
otherwise controlled by any financial institution of
any kind in the name of, on behalf of, or otherwise for
the Central Bank of Iraq.
(b) The prohibition in section 1(a) of this order shall
not apply with respect to any final judgment arising out of a
contractual obligation entered into by the Government of Iraq,
including any agency or instrumentality thereof, after June 30,
2004.''
Sec. 2. (a) 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
the 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.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
in compliance with applicable laws and regulations.
Sec. 3. This order is not intended to, and does not, create
any right, benefit, or privilege, substantive or procedural,
enforceable at law or in equity by a party against the United
States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
Sec. 4. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
The White House, November 29, 2004.