[House Document 109-28]
[From the U.S. Government Publishing Office]
109th Congress, 1st Session - - - - - - - - - - - - House Document 109-28
CONTINUATION OF NATIONAL EMERGENCY WITH RESPECT TO PROTECTING THE
DEVELOPMENT FUND FOR IRAQ, ET AL.
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION THAT THE NATIONAL EMERGENCY WITH RESPECT TO PROTECTING THE
DEVELOPMENT FUND FOR IRAQ AND CERTAIN OTHER PROPERTY IN WHICH IRAQ HAS
AN INTEREST, ORIGINALLY DECLARED IN EXECUTIVE ORDER 13303 OF MAY 22,
2003, AS EXPANDED IN SCOPE BY EXECUTIVE ORDER 13315 OF AUGUST 28, 2003,
MODIFIED IN EXECUTIVE ORDER 13350 OF JULY 29, 2004, AND FURTHER
MODIFIED IN EXECUTIVE ORDER 13364 OF NOVEMBER 29, 2004, IS TO CONTINUE
IN EFFECT BEYOND MAY 22, 2005, PURSUANT TO 50 U.S.C. 1622(d)
May 23, 2005.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)) provides for the automatic termination of a national
emergency unless, prior to the anniversary date of its
declaration, the President publishes in the Federal Register
and transmits to the Congress a notice stating that the
emergency is to continue in effect beyond the anniversary date.
In accordance with this provision, I have sent the enclosed
notice to the Federal Register for publication. This notice
states that the national emergency declared in Executive Order
13303 of May 22, 2003, as expanded in scope by Executive Order
13315 of August 28, 2003, modified in Executive Order 13350 of
July 29, 2004, and further modified in Executive Order 13364 of
November 29, 2004, is to continue in effect beyond May 22,
2005. The most recent notice continuing this emergency was
published in the Federal Register on May 21, 2004 (69 FR
29409).
The threats of attachment or other judicial process against
(i) the Development Fund for Iraq, (ii) 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, or (iii) any accounts, assets, investments, or any
other property of any kind owned by, belonging to, or held by,
on behalf of, or otherwise for the Central Bank of Iraq create
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. Accordingly, these obstacles
continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States. For
these reasons, I have determined, that it is necessary to
continue the national emergency protecting the Development Fund
for Iraq, certain other property in which Iraq has an interest,
and the Central Bank of Iraq, and to maintain in force the
sanctions to respond to this threat.
George W. Bush.
The White House, May 19, 2005.
Notice
----------
Continuation of the National Emergency Protecting the Development Fund
for Iraq and Certain Other Property in Which Iraq Has an Interest
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 Executive
Order 12722. In light of the changed circumstances in Iraq and
my decision to terminate the national emergency declaredin
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.
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, 2005.
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 19, 2005.