[House Document 108-122]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - House Document 108-
122
BLOCKING PROPERTY OF THE FORMER IRAQI REGIME, ITS SENIOR OFFICIALS AND
THEIR FAMILY MEMBERS, AND TAKING CERTAIN OTHER ACTIONS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
NOTIFICATION TO EXPAND THE SCOPE OF THE NATIONAL EMERGENCY DECLARED IN
EXECUTIVE ORDER NO. 13303 OF MAY 22, 2003, WITH RESPECT TO THE BLOCKING
OF PROPERTY OF THE FORMER IRAQI REGIME, ITS SENIOR OFFICIALS AND THEIR
FAMILY MEMBERS, AND TAKING CERTAIN OTHER ACTIONS, PURSUANT TO 50 U.S.C.
1703(b) AND 50 U.S.C. 1631
September 3, 2003.--Referred to the Committee on International
Relations and ordered to be printed
The White House,
Washington, August 28, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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 beused 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 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.
Executive Order
----------
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.
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,
tobelong 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 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.
ANNEX
Saddam Hussein al-Tikriti
[DOB 28 Apr 1937; DOB al-Awja, near Tikrit, Iraq; President
since 1979; nationality Iraqi; a.k.a. Abu Ali]
Qusay Saddam Hussein al-Tikriti
[DOB 1965; alt. DOB 1966; POB Baghdad, Iraq; Saddam Hussein al-
Tikriti's second son; oversaw Special Republican Guard, Special
Security Organization, and Republican Guard; nationality Iraqi]
Uday Saddam Hussein al-Tikriti
[DOB 1964; alt. DOB 1967; POB Baghdad, Iraq; Saddam Hussein al-
Tikriti's eldest son; leader of paramilitary organization
Fedayeen Saddam; nationality Iraqi]
Abid Hamid Mahmud al-Tikriti
[DOB circa 1957; POB al-Awja, near Tikrit, Iraq; Saddam Hussein
al-Tikriti's presidential secretary and key advisor;
nationality Iraqi; a.k.a. Abid Hamid bid Hamid Mahmud; a.k.a.
Col. Abdel Hamid Mahmoud; a.k.a. Abed Mahmoud Hammud]
Ali Hassan al-Majid al-Tikriti
[DOB 1943; POB al-Awja, near Tikrit, Iraq; presidential advisor
and senior member of Revolutionary Command Council; nationality
Iraqi; a.k.a. al-Kimawi]
Izzat Ibrahim al-Duri
[DOB circa 1942; POB al-Dur, Iraq; deputy commander-in-chief of
Iraqi military; deputy secretary, Ba'ath party regional
command; vice chairman, Revolutionary Command Council;
nationality Iraqi; a.k.a. Abu Brays]
Hani abd-al-Latif Tilfah al-Tikriti
[DOB circa 1962; POB al-Awja, near Tikrit, Iraq; Special
Security Organization; nationality Iraqi]
Aziz Salih al-Numan
[DOB 1941; alt. DOB 1945; POB An Nasiriyah, Iraq; Ba'ath party
regional command chairman; nationality Iraqi]
Muhammad Hamza Zubaidi
[DOB 1938; POB Babylon, Babil Governorate, Iraq; former prime
minister; nationality Iraqi]
Kamal Mustafa Abdallah
[DOB 1952; alt. DOB 4 May 1955; POB Tikrit, Iraq; Republican
Guard Secretary; led Special Republican Guard and commanded
both Republican Guard corps; nationality Iraqi; a.k.a. Kamal
Mustafa Abdallah Sultan al-Tikriti]
Barzan abd al-Ghafur Sulaiman Majid al-Tikriti
[DOB 1960; POB Salah al-Din, Iraq; commander, Special
Republican Guard; nationality Iraqi; a.k.a. Barzan Razuki abd
al-Ghafur]
Muzahim Sa'b Hassan al-Tikriti
[DOB circa 1946; alt. DOB 1949; POB al-Awja, near Tikrit, Iraq;
led Iraq's Air Defense Forces; Deputy Director, Organization of
Military Industrialization; nationality Iraqi]
Ibrahim Ahmad abd al-Sattar Muhammed al-Tikriti
[DOB 1943; alt. DOB 1950; alt. DOB 1952; POB Ba'qubah or al-
Sumayda/Shirqat, Iraq; armed forces chief of staff; nationality
Iraqi]
Saif-al-Din Fulayyih Hassan Taha al-Rawi
[DOB 1953; POB Ar Ramadi, al-Anbar Governorate, Iraq;
Republican Guard chief of staff; nationality Iraqi; a.k.a. Ayad
Futayyih al-Rawi]
Rafi abd-al-Latif Tilfah al-Tikriti
[DOB circa 1954; POB Tikrit, Iraq; Director, Directorate of
General Security; nationality Iraqi]
Tahir Jalil Habbush al-Tikriti
[DOB 1950; POB Tikrit, Iraq; director of Iraqi Intelligence
Service; nationality Iraqi]
Hamid Raja Shalah al-Tikriti
[DOB 1950; POB Bayji, Salah al-Din Governorate, Iraq; air force
commander; nationality Iraqi; a.k.a. Hamid Raja-Shalah Hassan
al-Tikriti; a.k.a. Hamid Raja-Shalah Hassum al-Tikriti]
Latif Nusayyif Jasim al-Dulaymi
[DOB circa 1941; POB Ar-Rashidiya suburb of Baghdad, Iraq;
Ba'ath party military bureau deputy chairman; nationality
Iraqi]
Abd-al-Tawab Mullah Huwaysh
[DOB 1957; alt. DOB 14 March 1942; POB Mosul or Baghdad, Iraq;
deputy prime minister; director, Organization of Military;
nationality Iraqi]
Taha Yassin Ramadan al-Jizrawi
[DOB circa 1938; vice president since 1991; nationality Iraqi]
Rukan Razuki abd-al-Ghafur Sulaiman al-Tikriti
[DOB 1956; POB Tikrit, Iraq; head of Tribal Affairs Office in
presidential office; nationality Iraqi; a.k.a. Rukan abdal-
Ghaffur Sulayman al-Majid; a.k.a. Rukan abd al-Gafur al-Majid;
a.k.a. Rukan abd al-Ghaffur al-Majid al-Tikriti; a.k.a. Rukan
Razuqi abd al-Gahfur al-Majid; a.k.a. Rukan 'abd al-Ghaffur al-
Majid al-Tikriti; a.k.a. Abu Walid]
Jamal Mustafa Abdallah Sultan al-Tikriti
[DOB 4 May 1955; POB al-Samnah, near Tikrit, Iraq; deputy head
of tribal affairs in presidential office; nationality Iraqi]
Mizban Khadr Hadi
[DOB 1938; POB Mandali District, Diyala, Iraq; member, Ba'ath
party regional command and Revolutionary Command Council since
1991; nationality Iraqi]
Taha Muhyi-al-Din Ma'ruf
[DOB 1924; POB Sulaymaniyah, Iraq; Vice President; member of
Revolutionary Command Council; nationality Iraqi]
Tariq Aziz
[DOB 1 Jul 1936; POB Mosul or Baghdad, Iraq; Deputy Prime
Minister; Passport No. NO34409/129 (July 1997); nationality
Iraqi; a.k.a. Tariq Mikhail Aziz]
Walid Hamid Tawfig al-Tikriti
[DOB circa 1950; POB Tikrit, Iraq; Governor of Basrah;
nationality Iraqi; a.k.a. Walid Hamid Tawfig al-Nasiri]
Sultan Hashim Ahmad al-Tai
[DOB circa 1944; POB Mosul, Iraq; Minister of Defense;
nationality Iraqi]
Hikmat Mizban Ibrahim al-Azzawi
[DOM 1934; POB Diyala, Iraq; Deputy Prime Minister and Finance
Minister; nationality Iraqi]
Mahmud Dhiyab al-Ahmad
[DOB 1953; POB Mosul or Baghdad, Iraq; Minister of Interior;
nationality Iraqi]
Ayad Futayyih Khalifa al-Rawi
[DOB 1942; POB Rawah, Iraqi; Quds Force Chief of Staff;
nationality Iraqi]
Zuhair Talib abd-al-Sattar al-Naqib
[DOB circa 1948; Director, Military Intelligence; nationality
Iraqi]
Amir Hamudi Hassan al-Sa'di
[DOB 5 Apr 1938; POB Baghdad, Iraq; presidential scientific
advisor; Passport No. NO33301/862, issued 17 October 1997,
expires 1 October 2005; Passport No. M0003264580; Passport No.
H0100009, issued 1 May 2002; nationality Iraqi]
Amir Rashid Muhammad al-Ubaidi
[DOB 1939; POB Baghdad, Iraq; Minister of Oil; nationality
Iraqi]
Husam Muhammad Amin al-Yassin
[DOB 1953; alt. DOB 1958; POB Tikrit, Iraq; head, National
Monitoring Directorate; nationality Iraqi]
Muhammad Mahdi al-Salih
[DOB 1947; alt. DOB 1949; POB al-Anbar Governorate, Iraq;
Minister of Trade; nationality Iraqi]
Sab'awi Ibrahim Hassan al-Tikriti
[DOB 1947; POB Tikrit, Iraq; presidential advisor; half-brother
of Saddam Hussein al-Tikriti; nationality Iraqi]
Watban Ibrahim Hassan al-Tikriti
[DOB 1952; POB Tikrit, Iraq; presidential advisor; half-brother
of Saddam Hussein al-Tikriti; nationality Iraqi; a.k.a. Watab
Ibrahim al-Hassan]
Barzan Ibrahim Hassan al-Tikriti
[DOB 1951; POB Tikrit, Iraq; presidential advisor; half-brother
of Saddam Hussein al-Tikriti; Passport No. M0001666/970;
Passport No. NM0000860/114; Passport No. M0009851/1;
nationality Iraqi]
Huda Salih Mahdi Ammash
[DOB 1953; POB Baghdad, Iraq; member, Ba'ath party regional
command; nationality Iraqi]
Abd-al-Baqi abd-al-Karim Abdallah al-Sad'un
[DOB 1947; Ba'ath party regional command chairman, Diyala;
nationality Iraqi]
Muhammad Zimam Abd-al-Razzaq al-Sa'dun
[DOB 1942; POB Suq ash-Shuyukh District, Dhi-Qar, Iraq; Ba'ath
party regional chairman, at-Tamim; nationality Iraqi]
Samir abd al-Aziz al-Najim
[DOB 1937; POB 1938, Baghdad, Iraq; Ba'ath party regional
command chairman, East Baghdad; nationality Iraqi]
Humam abd-al-Khaliq abd-al-Ghafur
[DOB 1945; POB ar-Ramadi, Iraq; Minister of Higher Education
and Research; Passport No. M0018061/104, issued 12 September
1993; nationality Iraqi; a.k.a. Humam 'abd al-Khaliq 'abd al-
Rahman; a.k.a. Humam 'abd al-Khaliq Rashid]
Yahia Abdallah al-Ubaidi
[Ba'ath party regional command chairman, al-Basrah; nationality
Iraqi]
Nayif Shindakh Thamir Ghalib
[Ba'ath party regional command chairman, an-Najaf; member Iraqi
National Assembly; nationality Iraqi]
Saif-al-Din al-Mashhadani
[DOB 1956; POB Baghdad, Iraq; Ba'ath party regional command
chairman, al-Muthanna; nationality Iraqi]
Fadil Mahmud Gharib
[DOB 1944; POB Dujail, Iraq; Ba'ath party regional command
chairman, Babil; chairman, General Federation of Iraqi Trade
Unions; nationality Iraqi; a.k.a. Gharib Muhammad Fazel al-
Mashaikhi]
Muhsin Khadr al-Khafaji
[Ba'ath party regional command chairman, al-Qadisiyah;
nationality Iraqi]
Rashid Taan Kazim
[Ba'ath party regional command chairman, al-Anbar; nationality
Iraqi]
Ugla Abid Saqar al-Kubaysi
[DOB 1944; POB Kubaisi, al-Anbar Governorate, Iraq; Ba'ath
party regional command chairman, Maysan; nationality Iraqi;
a.k.a. Saqr al-Kabisi abd Aqala]
Ghazi Hammud al-Ubaidi
[DOB 1944; POB Baghdad, Iraq; Ba'ath party regional command
chairman, Wasit; nationality Iraqi]
Adil Abdallah Mahdi
[DOB 1945; POB Baghdad, Iraq; Ba'ath party regional command
chairman, Dhi-Qar; nationality Iraqi]
Hussein al-Awadi
[Ba'ath party regional command chairman, Ninawa; nationality
Iraqi]
Khamis Sirhan al-Muhammad
[Ba'ath party regional command chairman, Karbala; nationality
Iraqi; a.k.a. Dr. Khamis]
Sa'd abd-al-Majid al-Faysal al-Tikriti
[DOB 1944; POB Tikrit, Iraq; Ba'ath party regional command
chairman, Salah al-Din; nationality Iraqi]
Note: The bracketed identifying information with respect to
each person listed in this Annex reflects information recently
available and is provided solely to facilitate compliance with
this order. Each person listed in this Annex remains subject to
the prohibitions of this order notwithstanding any change in
title, position, or affiliation, unless and until such person
is subject to a determination pursuant to section 8 of this
order.