U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–011 2004

108th Congress, 2d Session – – – – – – – – – – – – House Document 108–213 

TERMINATION OF THE NATIONAL EMERGENCY WITH 

RESPECT TO IRAQ 

COMMUNICATION 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

NOTIFICATION TO TERMINATE THE NATIONAL EMERGENCY WITH 

RESPECT TO IRAQ IN EXECUTIVE ORDER 12722 OF AUGUST 2, 

1990, MODIFIED IN EXECUTIVE ORDER 13290 OF MARCH 20, 2003, 

EXECUTIVE ORDER 13303 OF MAY 22, 2003, AND EXECUTIVE 

ORDER 13315 OF AUGUST 28, 2003, PURSUANT TO 50 U.S.C. 

1622(a) 

SEPTEMBER 13, 2004.—Referred to the Committee on International 

Relations and ordered to be printed 


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

Washington, July 29, 2004. 

Hon. J. DENNIS HASTERT, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MR. SPEAKER: Consistent with subsection 304(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 

(this ‘‘order’’) in which I terminate the national emergency declared 

in Executive Order 12722 of August 2, 1990, amend Executive 

Order 13290 of March 20, 2003, and take additional steps regarding the national emergency I declared in Executive Order 13303 of 

May 22, 2003, and expanded in Executive Order 13315 of August 

28, 2003. I have determined that the situations that gave rise to 

these national emergencies have been significantly altered by the 

removal of the regime of Saddam Hussein and other developments. 

Executive Order 12722 of August 2, 1990, imposed sanctions on 

Iraq in response to its invasion of Kuwait and other actions. Those 

sanctions were modified in Executive Order 12724 of August 9, 

1990, in light of United Nations Security Council Resolution 

(UNSCR) 661 of August 6, 1990, which also imposes sanctions on 

Iraq. I have determined that the removal of the regime of Saddam 

Hussein warrants the termination altogether of the national emergency declared in Executive Order 12722. This action is consistent 

with United Nations Security Council Resolutions 1483 and 1546, 

of May 22, 2003, and June 8, 2004, respectively, which substantially lifted the multilateral economic sanctions against Iraq. 

Although I am terminating the national emergency declared in 

Executive Order 12722, pursuant to my authority under IEEPA, I 

am continuing for the near future certain prohibitions with respect 

to property previously blocked pursuant to Executive Orders 12722 

and 12724. Such prohibitions are necessary on account of claims involving Iraq. 

Consistent with section 203(a)(1)(C) of IEEPA, 50 U.S.C. 

1702(a)(1)(C), in Executive Order 13290 of March 20, 2003, 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 in furtherance 

of 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 have now determined that the exercise 

of authorities in Executive Order 13290 should continue in order 

to address the national emergency I declared in Executive Order 

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

August 28, 2003, regarding the obstacles posed to the orderly reVerDate Aug 04 2004 06:29 Sep 14, 2004 Jkt 029006 PO 00000 Frm 00003 Fmt 6633 Sfmt 6602 E:\HR\OC\HD213.XXX HD213
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construction of Iraq. This order amends Executive Order 13290 to 

that effect. 

In Executive Order 13303 of May 22, 2003, I declared a national 

emergency 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 expanded that emergency in Executive Order 13315 of August 28, 2003, in light of UNSCR 1483 of May 22, 2003, in which 

the Security Council decided that 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, 

among others, and cause the transfer of certain of those assets to 

the Development Fund for Iraq. Executive Order 13315 implements 

this provision of UNSCR 1483. 

This order further modifies the actions taken to address the national emergency declared in Executive Order 13303, as expanded 

in Executive Order 13315 to include certain persons determined to 

have been subject to economic sanctions pursuant to Executive 

Order 12722 and 12724. Because of their association with the prior 

Iraqi regime, I have 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, I have determined that such persons should be 

subject to sanctions under Executive Order 13315. 

Additionally, in UNSCR 1483, the Security Council decided that 

states shall take appropriate steps to facilitate the safe return to 

Iraqi institutions of Iraqi cultural property or other items of archaeological, historical, cultural, rare scientific, and religious importance that were illegally removed from the Iraq National Museum, the National Library, and other locations in Iraq since August 6, 1990, including by establishing a prohibition on trade in or 

transfer of such items and items with respect to which reasonable 

suspicion exists that they have been illegally removed. This order, 

among other actions, implements this international legal obligation. 

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, and to imply all 

powers granted to me by IEEPA and the Untied Nations Participation Act of 1945, as amended, 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. 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. 

I have enclosed a copy of this order, which became effective at 

12:01 a.m. eastern daylight time on July 30, 2004. 

Sincerely, 

GEORGE W. BUSH. 

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EXECUTIVE ORDER

TERMINATION OF EMERGENCY DECLARED IN EXECUTIVE ORDER

12722 WITH RESPECT TO IRAQ AND MODIFICATION OF EXECUTIVE

ORDER 13290, EXECUTIVE ORDER 13303, AND EXECUTIVE ORDER

13315 

By the authority vested in me as President by the Constitution 

and 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.) 

(NEA), 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, 

I, GEORGE W. BUSH, President of the United States of America, have determined that the situation that gave rise to the declaration of a national emergency with respect to Iraq in Executive 

Order 12722 of August 2, 1990, has been significantly altered by 

the removal of the regime of Saddam Hussein and other developments. I hereby terminate the national emergency declared in Executive Order 12722, revoke that Executive Order and Executive 

Order 12724 of August 9, 1990, Executive Order 12734 of November 14, 1990, Executive Order 12743 of January 18, 1991, Executive Order 12751 of February 14, 1991, and Executive Order 12817 

of October 21, 1992, that are based on that national emergency. I 

hereby amend Executive Order 13290 of March 20, 2003, so that 

the authorities therein remain in effect based on the national emergency I declared in Executive Order 13303 of May 22, 2003, and 

expanded in Executive Order 13315 of August 28, 2003. At the 

same time, and in order to take additional steps to deal with the 

national emergency that I declared in Executive Order 13303, and 

expanded in Executive Order 13315, with respect to 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 hereby order: 

Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 

1622(a)), termination of the national emergency declared in Executive Order 12722 shall not affect any action taken or proceeding 

pending but not finally concluded or determined as of the effective 

date of this order, any action or proceeding based on any act committed prior to such date, or any rights or duties that matured or 

penalties that were incurred prior to such date. Pursuant to section 

207(a) of IEEPA (50 U.S.C. 1706(a)), and subject to such regulations, order, directives, or licenses as may be issued pursuant to 

this order, I hereby determine that the continuation of prohibitions 

with regard to transactions involving property blocked pursuant to 

Executive Orders 12722 or 12724 that continues to be blocked as 

of the effective date of this order is necessary on account of claims 

involving Iraq. 

Sec. 2. The Annex to Executive Order 13315 is replaced and superseded in its entirety by the Annex to this order. 

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Sec. 3. I hereby amend Executive Order 13290 by removing ‘‘the 

national emergency declared in Executive Order 12722 of August 

2, 1990’’ and replacing it with ‘‘the national emergency declared in 

Executive Order 13303 of March 20, 2003, and expanded in Executive Order 13315 of August 28, 2003’’. 

Sec. 4. Unless licensed or otherwise authorized pursuant to this 

order or otherwise consistent with U.S. law, the trade in or transfer of ownership or possession of Iraqi cultural property or other 

items of archeological, historical, cultural, rare scientific, and religious importance that were illegally removed, or for which a reasonable suspicion exists that they were illegally removed, from the 

Iraq National Museum, the National Library, and other locations 

in Iraq since August 6, 1990, is prohibited. 

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 

by Executive Order 13315 or by this order would seriously impair 

my ability to deal with the national emergency declared in Executive Order 13303, and expanded by Executive Order 13315, or 

would endanger the Armed Forces of the United States that are engaged in hostilities, and I hereby prohibit such donations as provided in section 1 of Executive Order 13315 as amended by this 

order. 

Sec. 6. For those persons listed in the Annex to this order or determined to be subject to Executive Order 13315 or 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 by Executive Order 13315, there need be no 

prior notice of a listing or determination made pursuant to Executive Order 13315 or 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 the order, that circumstances no longer warrant the 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. 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. 

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Sec. 10. This order is effective at 12:01 a.m. eastern daylight 

time on July 30, 2004. This order shall be transmitted to the Congress and published in the Federal Register. 

GEORGE W. BUSH. 

THE WHITE HOUSE, July 29, 2004. 

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