Presidential Documents

6571 

Federal Register 

Vol. 73, No. 24 

Tuesday, February 5, 2008 

Title 3— 

The President 

Presidential Determination No. 2008–9 of January 28, 2008 

Waiver of Section 1083 of the National Defense Authorization Act for Fiscal Year 2008 

Memorandum for the Secretary of State 

By the authority vested in me as President by the Constitution and the 

laws of the United States, including section 301 of title 3, United States 

Code, and section 1083(d) of the National Defense Authorization Act for 

Fiscal Year 2008 (the ‘‘Act’’), I hereby determine that: 

• All provisions of section 1083 of the Act, if applied to Iraq or any 

agency or instrumentality thereof, may affect Iraq or its agencies or instrumentalities, by exposing Iraq or its agencies or instrumentalities to liability 

in United States courts and by entangling their assets in litigation. 

• The economic security and successful reconstruction of Iraq continue 

to be top national security priorities of the United States. Section 1083 

of the Act threatens those key priorities. If permitted to apply to Iraq, 

section 1083 would risk the entanglement of substantial Iraqi assets in 

litigation in the United States—including those of the Development Fund 

for Iraq, the Central Bank of Iraq, and commercial entities in the United 

States in which Iraq has an interest. Section 1083 also would expose 

Iraq to new liability of at least several billion dollars by undoing judgments 

favorable to Iraq, by foreclosing available defenses on which Iraq is relying 

in pending litigation, and by creating a new Federal cause of action 

backed by the prospect of punitive damages to support claims that may 

previously have been foreclosed. If permitted to apply to Iraq, section 

1083 would have a significant financial impact on Iraq and would result 

in the redirection of financial resources from the continued reconstruction 

of Iraq and the harming of Iraq’s stability, contrary to the interests of 

the United States. 

• A waiver of all provisions of section 1083 with respect to Iraq and 

any agency or instrumentality of Iraq is therefore in the national security 

interest of the United States and will promote the reconstruction of, the 

consolidation of democracy in, and the relations of the United States 

with, Iraq. 

• Iraq continues to be a reliable ally of the United States and a partner 

in combating acts of international terrorism. The November 26, 2007, 

Declaration of Principles for a Long-Term Relationship of Cooperation 

and Friendship between the Republic of Iraq and the United States of 

America confirmed the commitment of the United States and Iraq to 

build an enduring relationship in the political, diplomatic, economic, 

and security arenas and to work together to combat all terrorist groups, 

including al-Qaida. 

Accordingly, I hereby waive all provisions of section 1083 of the Act with 

respect to Iraq and any agency or instrumentality thereof. 

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6572 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Presidential Documents 

You are authorized and directed to notify the Congress of this determination 

and waiver and the accompanying memorandum of justification, incorporated 

by reference herein, and to arrange for their publication in the Federal 

Register. 

THE WHITE HOUSE, 

Washington, January 28, 2008. 

Billing code 4710–10–P 


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[FR Doc. 08–515 

Filed 2–4–08; 8:45 am] 

Billing code 4710–10–C 


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