[Weekly Compilation of Presidential Documents Volume 39, Number 36 (Monday, September 8, 2003)]
[Pages 1127-1129]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13315--Blocking Property of the Former Iraqi Regime, Its 
Senior Officials and Their Family Members, and Taking Certain Other 
Actions

August 28, 2003

    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.
    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

[[Page 1128]]

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 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

[[Page 1129]]

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.
                                                George W. Bush
 The White House,
 August 28, 2003.

 [Filed with the Office of the Federal Register, 8:45 a.m., September 2, 
2003]

Note: This Executive order was released by the Office of the Press 
Secretary on August 29, and it and its attached annex were published in 
the Federal Register on September 3. This item was not received in time 
for publication in the appropriate issue.