[House Document 108-51]
[From the U.S. Government Publishing Office]




108th Congress, 1st Session - - - - - - - - - - - - - House Document 
108-51
 
            CONFISCATING AND VESTING CERTAIN IRAQI PROPERTY


                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  NOTIFICATION THAT HE HAS TAKEN ADDITIONAL STEPS WITH RESPECT TO THE 
NATIONAL EMERGENCY DECLARED IN EXECUTIVE ORDER 12722 OF AUGUST 2, 1990, 
 BY EXERCISING HIS STATUTORY AUTHORITY TO CONFISCATE AND VEST CERTAIN 
PROPERTY OF THE GOVERNMENT OF IRAQ AND ITS AGENCIES, INSTRUMENTALITIES, 
  OR CONTROLLED ENTITIES, PURSUANT TO 50 U.S.C. 1703(b) AND 50 U.S.C. 
                                  1631




   March  24, 2003.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    Pursuant to section 204(b) of the International Emergency 
Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and section 301 
of the National Emergencies Act, 50 U.S.C. 1631, I hereby 
report that I have taken additional steps with respect to the 
national emergency declared in Executive Order 12722 of August 
2, 1990, by exercising my statutory authority to confiscate and 
vest certain property of the Government of Iraq and its 
agencies, instrumentalities, or controlled entities.
    Consistent with section 203(a)(1)(C) of IEEPA, 50 U.S.C. 
1702(a)(1)(C), as added by section 106 of the USA PATRIOT ACT, 
Public Law 107-56, I have 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 are 
hereby confiscated and vested in the Department of the 
Treasury. I have made exceptions for any such funds that are 
subject to the Vienna Convention on Diplomatic Relations or the 
Vienna Convention on Consular Relations, or that enjoy 
equivalent privileges and immunities under the laws of the 
United States, and are or have been used for diplomatic or 
consular purposes. In addition, such amounts that, as of the 
date of the order, are 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) are not being vested, provided that, 
upon satisfaction of the judgments on which such writs are 
based, any remainder of such excepted amounts shall, without 
further action, be confiscated and vested.
    I have delegated to the Secretary of the Treasury authority 
to undertake all other action of the President and all 
functions of the President set forth in section 203(a)(1)(C) of 
IEEPA with respect to any and all property of the Government of 
Iraq, including its agencies, instrumentalities, or controlled 
entities, and to take additional steps, including the 
promulgation of rules and regulations as may be necessary to 
carry out the purposes of this order.
    I am enclosing a copy of the Executive Order I have issued, 
which is effective immediately.
    I have exercised these authorities in furtherance of 
Executive Orders 12722 and 12724 with respect to the unusual 
and extraordinary threat to our national security and foreign 
policy posed by the policies and actions of the Government of 
Iraq. I intend that such vested property should be used to 
assist the Iraqi people and to assist in the reconstruction of 
Iraq, and have determined that such use would be in the 
interest of and for the benefit of the United States.
    The power to vest assets of a foreign government with which 
the United States is engaged in armed hostilities is one that 
has been recognized for many decades. This power is being used 
here because it is clearly in the interests of the United 
States to have these funds available for use in rebuilding Iraq 
and launching that country on the path to speedy economic 
recovery. In addition, this authority is being invoked in a 
limited way, designed to minimize harm to third parties and to 
respect existing court orders as much as possible.

                                                    George W. Bush.
    The White House, March 20, 2003.
                            Executive Order

                              ----------                              


            Confiscating and Vesting Certain Iraqi Property

    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 (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.), and section 301 of title 3, United States 
Code, and in order to take additional steps with respect to the 
national emergency declared in Executive Order 12722 of August 
2, 1990,
    I, GEORGE W. BUSH, President of the United States of 
America, hereby determine that the United States and Iraq are 
engaged in armed hostilities, that is in the interest of the 
United States to confiscate certain property of the Government 
of Iraq and its agencies, instrumentalities, or controlled 
entities, and that all right, title, and interest in any 
property so confiscated should vest in the Department of the 
Treasury. I intend that such vested property should be used to 
assist the Iraqi people and to assist in the reconstruction of 
Iraq, and determine that such use would be in the interest of 
and for the benefit of the United States.
    I hereby order:
    Section 1. 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 are hereby confiscated and 
vested in the Department of the Treasury, except for the 
following:
    (a) any such funds that are subject to the Vienna 
Convention on Diplomatic Relations or the Vienna Convention on 
Consular Relations, or that enjoy equivalent privileges and 
immunities under the laws of the United States, and are or have 
been used for diplomatic or consular purposes, and
    (b) any such amounts that as of the date of this order are 
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), 
provided that, upon satisfaction of the judgments on which such 
writs are based, any remainder of such excepted amounts shall, 
by virtue of this order and without further action, be 
confiscated and vested.
    Sec. 2. The Secretary of the Treasury is authorized to 
perform, without further approval, ratification, or other 
action of the President, all functions of the President set 
forth in section 203(a)(1)(C) of IEEPA with respect to any and 
all property of the Government of Iraq, including its agencies, 
instrumentalities, or controlled entities, and to take 
additional steps, including the promulgation of rules and 
regulations as may be necessary, to carry out the purposes of 
this order. The Secretary of the Treasury may redelegate such 
functions in accordance with applicable law. The Secretary of 
the Treasury shall consult the Attorney General as appropriate 
in the implementation of this order.
    Sec. 3. This order shall be transmitted to the Congress and 
published in the Federal Register.

                                                    George W. Bush.
    The White House, March 20, 2003.

                                
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