[Weekly Compilation of Presidential Documents Volume 39, Number 36 (Monday, September 8, 2003)]
[Pages 1129-1130]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders Reporting on Blocking Property of the 
Former Iraqi Regime, Its Senior Officials and Their Family Members, and 
Taking Certain Other Actions

August 28, 2003

Dear Mr. Speaker:  (Dear Mr. President:)

    Consistent with section 204(b) of the International Emergency 
Economic Powers Act (IEEPA), 50 U.S.C. 1703(b), and section 301 of the 
National Emergencies Act, 50 U.S.C. 1631, I hereby report that I have 
exercised my authority to 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.
    In United Nations Security Council Resolution (UNSCR) 1483 of May 
22, 2003, the U.N. Security Council decided that U.N. member 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 and cause the transfer of those assets to the Development 
Fund for Iraq. The assets of the former Iraqi regime, Saddam Hussein, 
and other senior Iraqi officials have already been frozen pursuant to 
the Iraqi Sanctions Regulations, 31 C.F.R. part 575, which implemented 
the 1990 Executive Orders that imposed economic sanctions with respect 
to Iraq. The order that I have now issued broadens the scope of persons 
whose assets may be frozen under those orders by adding the immediate 
family members of former Iraqi senior officials whose assets may be 
frozen. This order also allows for the confiscating and vesting of some 
of those assets and provides for the transfer of all vested assets to 
the Development Fund for Iraq in a manner consistent with paragraph 23 
of UNSCR 1483. The Development Fund for Iraq will be used by the 
Coalition Provisional Authority in a transparent manner 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. By this order and related 
measures, the United States Government is implementing the requirements 
of paragraph 23 of UNSCR 1483.
    Among other measures, unless licensed or otherwise authorized 
pursuant to this order, any attachment, judgment, decree, lien, 
execution, garnishment, or other judicial process with respect to assets 
blocked pursuant to this order is prohibited by section 1 of this order. 
I further note that Presidential Determination No. 2003-23 issued on May 
7, 2003, made inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act

[[Page 1130]]

of 1961, Public Law 87-195, as amended, and any other provision of law 
that applies to countries that have supported terrorism, including, but 
not limited to, 28 U.S.C. 1605(a)(7), 28 U.S.C. 1610, and section 201 of 
the Terrorism Risk Insurance Act.
    I have ordered that 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.
    I have authorized the Secretary of the Treasury, in consultation 
with the Secretary of State, to confiscate property that is blocked 
pursuant to 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 and shall 
promptly be transferred to the Development Fund for Iraq.
    I have delegated to the Secretary of the Treasury, in consultation 
with the Secretary of State, the authority to take such actions as may 
be necessary to carry out the purposes of my order, including the 
promulgation of rules and regulations. I have also authorized the 
Secretary of the Treasury, in consultation with the Secretary of State, 
to employ all powers granted to me by IEEPA and by section 5 of the 
United Nations Participation Act, 22 U.S.C. 287c, to carry out the 
purposes of this order.
    I am enclosing a copy of the executive order I have issued. The 
order is effective at 12:01 a.m. EDT on August 29, 2003.
     Sincerely,
                                                George W. Bush

Note: Identical letters were sent to J. Dennis Hastert, Speaker of the 
House of Representatives, and Richard B. Cheney, President of the 
Senate. This letter was released by the Office of the Press Secretary on 
August 29. An original was not available for verification of the content 
of this letter. This item was not received in time for publication in 
the appropriate issue.