[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Presidential Documents]
[Pages 52315-52322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22543]


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  Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / 
Presidential Documents  

[[Page 52315]]


                Executive Order 13315 of August 28, 2003

                
Blocking Property of the Former Iraqi Regime, Its 
                Senior Officials and Their Family Members, and Taking 
                Certain Other Actions

                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.), 
                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 view of United Nations 
                Security Council Resolution 1483 of May 22, 2003, and 
                in order to take additional steps with respect to the 
                situation in Iraq,

                I, GEORGE W. BUSH, President of the United States of 
                America, hereby expand the scope of the national 
                emergency declared in Executive Order 13303 of May 22, 
                2003, 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 removal of Iraqi 
                property from that country by certain senior officials 
                of the former Iraqi regime and their immediate family 
                members constitutes one of these obstacles. I further 
                determine that the United States is engaged in armed 
                hostilities and that it is in the interest of the 
                United States to confiscate certain additional property 
                of the former Iraqi regime, certain senior officials of 
                the former regime, immediate family members of those 
                officials, and controlled entities. I intend that such 
                property, after all right, title, and interest in it 
                has vested in the Department of the Treasury, shall be 
                transferred to the Development Fund for Iraq. Such 
                property shall be used to meet the humanitarian needs 
                of the Iraqi people, for the economic reconstruction 
                and repair of Iraq's infrastructure, for the continued 
                disarmament of Iraq, for the costs of Iraqi civilian 
                administration, and for other purposes benefiting the 
                Iraqi people. I determine that such use would be in the 
                interest of and for the benefit of the United States. I 
                hereby order:

                Section 1. Except to the extent provided in section 
                203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), 
                (3), and (4)), or regulations, orders, directives, or 
                licenses that may be issued pursuant to this order, and 
                notwithstanding any contract entered into or any 
                license or permit granted prior to the effective date 
                of this order, all property and interests in property 
                of the former Iraqi regime or its state bodies, 
                corporations, or agencies, or of the following persons, 
                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, are blocked and may not be transferred, paid, 
                exported, withdrawn, or otherwise dealt in:

                    (a) the persons listed in the Annex to this order; 
                and
                    (b) persons determined by the Secretary of the 
                Treasury, in consultation with the Secretary of State,

   (i) to be senior officials of the former Iraqi regime or their immediate 
family members; or

   (ii) to be owned or controlled by, or acting or purporting to act for or 
on behalf of, directly or indirectly, any of the persons listed in the 
Annex to this order or determined to be subject to this order.

[[Page 52316]]

                Sec. 2. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is authorized to 
                confiscate property that is blocked pursuant to section 
                1 of this order and that he determines, in consultation 
                with the Secretary of State, to belong to a person, 
                organization, or country that has planned, authorized, 
                aided, or engaged in armed hostilities against the 
                United States. All right, title, and interest in any 
                property so confiscated shall vest in the Department of 
                the Treasury. Such vested property shall promptly be 
                transferred to the Development Fund for Iraq.

                Sec. 3. (a) Any transaction by a United States person 
                or within the United States that evades or avoids, has 
                the purpose of evading or avoiding, or attempts to 
                violate any of the prohibitions set forth in this order 
                is prohibited.

                    (b) Any conspiracy formed to violate any of the 
                prohibitions set forth in this order is prohibited.

                Sec. 4. For purposes of this order:

                    (a) the term ``person'' means an individual or 
                entity;
                    (b) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (c) the term ``United States person'' means any 
                United States citizen, permanent resident alien, entity 
                organized under the laws of the United States or any 
                jurisdiction within the United States (including 
                foreign branches), or any person in the United States;
                    (d) the term ``former Iraqi regime'' means the 
                Saddam Hussein regime that governed Iraq until on or 
                about May 1, 2003;
                    (e) the term ``coalition authority'' means the 
                Coalition Provisional Authority under the direction of 
                its Administrator, and the military forces of the 
                United States, the United Kingdom, and their coalition 
                partners present in Iraq under the command or 
                operational control of the Commander of United States 
                Central Command; and
                    (f) the term ``Development Fund for Iraq'' means 
                the fund established on or about May 22, 2003, on the 
                books of the Central Bank of Iraq, by the Administrator 
                of the Coalition Provisional Authority responsible for 
                the temporary governance of Iraq and all accounts held 
                for the fund or for the Central Bank of Iraq in the 
                name of the fund.

                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 under this order would 
                seriously impair my ability to deal with the national 
                emergency declared in Executive Order 13303 and 
                expanded in scope in this order and would endanger 
                Armed Forces of the United States that are engaged in 
                hostilities, and I hereby prohibit such donations as 
                provided by section 1 of this order.

                Sec. 6. For those persons listed in the Annex to this 
                order or determined to be subject to 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 in scope in this 
                order, there need be no prior notice of a listing or 
                determination made pursuant to section 1 of 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

[[Page 52317]]

                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 this order, 
                that circumstances no longer warrant 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. Nothing in this order is intended to affect the 
                continued effectiveness of any rules, regulations, 
                orders, licenses, or other forms of administrative 
                action issued, taken, or continued in effect heretofore 
                or hereafter under 31 C.F.R. chapter V, except as 
                expressly terminated, modified, or suspended by or 
                pursuant to this order.

                Sec. 10. This order shall not apply to such property as 
                is or may come under the control of the coalition 
                authority in Iraq. Nothing in this order is intended to 
                affect dispositions of such property or other 
                determinations by the coalition authority.

                Sec. 11. 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. 12. This order is effective on 12:01 a.m. EDT on 
                August 29, 2003.

                Sec. 13. This order shall be transmitted to the 
                Congress and published in the Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     August 28, 2003.

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                [FR Doc. 03-22543 Filed 9-2-03; 8:45 am]

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