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[House Document 108-238]
[From the U.S. Government Publishing Office]

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.
                                           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 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 ExecutiveOrder 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.

                            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 toIraqi 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
          (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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