[Weekly Compilation of Presidential Documents Volume 42, Number 20 (Monday, May 22, 2006)]
[Pages 957-958]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Notice--Continuation of the National Emergency Protecting the
Development Fund for Iraq and Certain Other Property in Which Iraq has
an Interest
May 18, 2006
On May 22, 2003, by Executive Order 13303, I declared a national
emergency protecting the Development Fund for Iraq and certain other
property in which Iraq has an interest, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) (IEEPA). I took this
action to deal with the unusual and extraordinary threat to the national
security and foreign policy of the United States posed by 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 constituted by 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.
On August 28, 2003, in Executive Order 13315, I expanded the scope
of this national emergency to block the property of the former Iraqi
regime, its senior officials and their family members as the removal of
Iraqi property from that country by certain senior officials of the
former Iraqi regime and their immediate family members constitutes an
obstacle 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.
On July 29, 2004, in Executive Order 13350, I amended the Annex to
Executive Order 13315 to include certain persons determined to have been
subject to economic sanctions pursuant to Executive Orders 12722 and
12724. Because of their association with the prior Iraqi regime, I
determined that these persons present an obstacle 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 and, therefore, such
persons should be subject to sanctions under Executive Order 13315.
Executive Order 13350 also amended Executive Order 13290 of March
20, 2003, in which, consistent with section 203(a)(1)(C) of IEEPA, 50
U.S.C. 1702(a)(1)(C), I 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 be confiscated and vested in the
Department of the Treasury. I originally exercised these authorities
pursuant to the national emergency in Executive Order 12722. In light of
the changed circumstances in Iraq and my decision to terminate the
national emergency declared in Executive Order 12722, I determined that
the exercise of authorities in Executive Order 13290 should continue in
order to address the national emergency declared in Executive Order
13303 of May 22, 2003, as expanded in scope in Executive Order 13315 of
August 28, 2003, regarding the obstacles posed to the orderly
reconstruction of Iraq. Executive Order 13350 amends Executive Order
13290 to that effect.
On November 29, 2004, in Executive Order 13364, I modified the scope
of this national emergency to address the unusual and extraordinary
threat to the national security and foreign policy of the United States
posed by the threat of attachment or other judicial process against the
Central Bank of Iraq. I also determined that, consistent with United
Nations Security Council Resolutions 1483 and 1546, the steps taken in
Executive Order 13303 to deal with this national emergency 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 to Iraqi petroleum and
petroleum products and interests therein, such steps shall apply only
until title passes to the initial purchaser.
[[Page 958]]
Because 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 continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States, the national
emergency declared on May 22, 2003, and the measures adopted on that
date, August 28, 2003, July 29, 2004, and November 29, 2004, to deal
with that emergency must continue in effect beyond May 22, 2006.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency protecting the Development Fund for Iraq and certain other
property in which Iraq has an interest.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush
The White House,
May 18, 2006.
[Filed with the Office of the Federal Register, 12:56 p.m., May 18,
2006]
Note: This notice was published in the Federal Register on May 19.