U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–011 2005

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 


E:\Seals\Congress.#13
(1) 

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. 

(3) 

NOTICE

CONTINUATION OF THE NATIONAL EMERGENCY PROTECTING THE DE- VELOPMENT 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 

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exercised these authorities pursuant to 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. 

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. 

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