U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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39–011 2004

108th Congress, 2d Session – – – – – – – – – – – House Document 108–238 

AN EXECUTIVE ORDER MODIFYING THE SCOPE OF 

THE NATIONAL EMERGENCY DECLARED IN EXECUTIVE ORDER 13303 OF MAY 22, 2003 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A REPORT ISSUING AN EXECUTIVE ORDER MODIFYING THE 

SCOPE OF THE NATIONAL EMERGENCY DECLARED IN EXECUTIVE ORDER 13303 OF MAY 22, 2003, EXPANDED IN EXECUTIVE 

ORDER 13315 OF AUGUST 28, 2003, AND FURTHER MODIFIED IN 

EXECUTIVE ORDER 13350 OF JULY 29, 2004, DUE TO A DETERMINATION THAT AN ADDITIONAL THREAT EXISTS WITH RESPECT TO WHICH THE NATIONAL EMERGENCY WAS DECLARED 

AND EXPANDED IN THOSE EXECUTIVE ORDERS; AND DUE TO 

THE NEED FOR REVISION IN LIGHT OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1483 OF MAY 22, 2003 AND 1546 

OF JUNE 8, 2004, RESPECTIVELY, PURSUANT TO 50 U.S.C. 1703(b). 

DECEMBER 6, 2004.—Message and accompanying papers referred to the 

Committee on International Relations and ordered to be printed. 


E:\Seals\Congress.#13
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THE WHITE HOUSE, 

Washington, November 29, 2004. 

Hon. J. DENNIS HASTERT, 

Speaker of the House of Representatives, 

Washington, DC. 

Consistent with subsection 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), I hereby 

report that I have issued an Executive Order (the ‘‘order’’) in which 

I modify the scope of the national emergency declared in Executive 

Order 13303 of May 22, 2003, expanded in Executive Order 13315 

of August 28, 2003, and further modified in Executive Order 13350 

of July 29, 2004. I have determined that an additional threat exists 

with respect to which the national emergency was declared and expanded in those Executive Orders. I have also determined that 

steps taken in Executive Order 13303 to deal with the national 

emergency declared therein need to be revised in light of United 

Nations Security Council Resolutions 1483 of May 22, 2003, and 

1546 of June 8, 2004, respectively. I have enclosed a copy of the 

order. 

In Executive Order 13303 of May 22, 2003, I found that 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, and interests therein, obstructed 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. I determined that 

this situation constituted an unusual and extraordinary threat to 

the national security and foreign policy of the United States, and 

I declared a national emergency to deal with that threat. 

Consistent with IEEPA, as amended, (50 U.S.C. 1701 et seq.), 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 Executive Order 13303 I ordered, inter alia, that unless licensed or otherwise authorized pursuant to that order, any attachment, judgment, 

decree, lien, execution, garnishment, or other judicial process is 

prohibited, and shall be deemed null and void, with respect to the 

following: 

(a) the Development Fund for Iraq, and 

(b) all Iraqi petroleum and petroleum products, and interests 

therein, and proceeds, obligations, or any other financial instruments of any nature whatsoever arising from or related to 

the sale or marketing thereof, and interests therein, in which 

any foreign country or a national thereof has any interest, that 

are in the United States, that hereafter come within the 

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United States, or that are or hereafter come within the possession or control of United States persons. 

Consistent with United Nations Security Council Resolutions 

1483 and 1546, I have determined that the steps taken in Executive Order 13303 to deal with the emergency declared therein need 

to be revised 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. 

The new order provides that protections granted by section 1 of 

Executive Order 13303, as well as the protections granted by this 

order to the property of the Central Bank of Iraq, 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. 

In addition, the order modifies section 1 of Executive Order 

13303 to provide that the protections granted therein to all Iraqi 

petroleum and petroleum products, and interests therein, apply 

only until title passes to the initial purchaser. 

Furthermore, I now find that the threat of attachment or other 

judicial process against the assets of the Central Bank of Iraq constitutes one of 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. I have determined that the scope of the national emergency declared in Executive Order 13303, as expanded 

by Executive Order 13315, and modified by Executive Order 13350, 

be further modified to address this threat. 

Consequently, the order modifies the actions taken to address the 

national emergency declared in Executive Order 13303, as expanded by Executive Order 13315, and further modified in Executive Order 13350, by amending section 1 of Executive Order 13303 

to extend the protections granted therein against any attachment, 

judgment, decree, lien, execution, garnishment, or other judicial 

process to any accounts, assets, investments, or any other property 

of any kind owned by, belonging to, or held by the Central Bank 

of Iraq, or held, maintained, or otherwise controlled by any financial institution of any kind in the name of, on behalf of, or otherwise for the Central Bank of Iraq. 

I have delegated to the Secretary of the Treasury, in consultation 

with the Secretary of State, the authority to take such actions, including the promulgation of rules and regulations, 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 consistent with applicable law. 

I have directed all agencies of the United States Government to 

take all appropriate measures within their authority to carry out 

the provisions of this order. 

Sincerely, 

GEORGE W. BUSH. 

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EXECUTIVE ORDER

MODIFYING THE PROTECTION GRANTED TO THE DEVELOPMENT FUND

FOR IRAQ AND CERTAIN PROPERTY IN WHICH IRAQ HAS AN INTEREST AND PROTECTING THE CENTRAL BANK OF IRAQ

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, as amended (50 U.S.C. 

1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 

1601 et seq.), section 5 of the United States Participation Act, as 

amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, 

United States Code, 

I, GEORGE W. BUSH, President of the United States of America, hereby modify the scope of the national emergency declared in 

Executive Order 13303 of May 22, 2003, and expanded in Executive 

Order 13315 of August 28, 2003, and further modified in Executive 

Order 13350 of July 29, 2004, 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 threat of attachment or 

other judicial process against the Central Bank of Iraq constitutes 

one of these obstacles. I further determine that, consistent with the 

United Nations Security Council Resolutions 1483 of May 22, 2003, 

and 1546 of June 8, 2004, the steps taken in Executive Order 

13303 to deal with the national emergency declared therein 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. 

I hereby order: 

Section 1. Section 1 of Executive Order 13303 is hereby amended 

to read as follows: 

‘‘Section 1. (a) Except as provided in section 1(b) of this order, 

and unless licensed or otherwise authorized pursuant to this order, 

any attachment, judgment, decree, lien, execution, garnishment, or 

other judicial process is prohibited and shall be deemed null and 

void with respect to the following: 

(i) the Development Fund for Iraq; 

(ii) all Iraqi petroleum and petroleum products, and interests 

therein, but only until title passes to the initial purchaser, and 

proceeds, obligations, or any financial instruments of any nature whatsoever arising from or related to the sale or marketing thereof, and interests therein, in which any foreign 

country or a national thereof has any interest, 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; and 

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(iii) any accounts, assets, investments, or any other property 

of any kind owned by, belonging to, or held by the Central 

Bank of Iraq, or held, maintained, or otherwise controlled by 

any financial institution of any kind in the name of, on behalf 

of, or otherwise for the Central Bank of Iraq. 

(b) The prohibition in section 1(a) of this order shall 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.’’ Sec. 2. (a) 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 the 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. 

(b) Nothing contained in this order shall relieve a person from 

any requirement to obtain a license or other authorization in compliance with applicable laws and regulations. 

Sec. 3. This order is not intended to, and does not, create any 

right, benefit, or privilege, substantive or procedural, enforceable at 

law or in equity by a party against the United States, its departments, agencies, entities, officers, employees, or agents, or any 

other person. 

Sec. 4. This order shall be transmitted to the Congress and published in the Federal Register. 

GEORGE W. BUSH. 

THE WHITE HOUSE, November 29, 2004. 

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