For Immediate Release
Office of the Press Secretary
August 29, 2003
Executive Order
Executive Order Blocking Property of the Former Iraqi Regime, Its Senior Officials and their Family Members, and Taking Certain Other Actions
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 (50 U.S.C. 1701 et seq.) (IEEPA), 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 view of United
Nations Security Council Resolution 1483 of May 22, 2003, and in order
to take additional steps with respect to the situation in Iraq,
I, GEORGE W. BUSH, President of the United States of America,
hereby expand the scope of the national emergency declared in Executive
Order 13303 of May 22, 2003, 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 removal of Iraqi property from that country
by certain senior officials of the former Iraqi regime and their
immediate family members constitutes one of these obstacles. I further
determine that the United States is engaged in armed hostilities and
that it is in the interest of the United States to confiscate certain
additional property of the former Iraqi regime, certain senior
officials of the former regime, immediate family members of those
officials, and controlled entities. I intend that such property, after
all right, title, and interest in it has vested in the Department of
the Treasury, shall be transferred to the Development Fund for Iraq.
Such property shall be used to meet the humanitarian needs of the Iraqi
people, for the economic reconstruction and repair of Iraq's
infrastructure, for the continued disarmament of Iraq, for the costs of
Iraqi civilian administration, and for other purposes benefiting the
Iraqi people. I determine that such use would be in the interest of
and for the benefit of the United States. I hereby order:
Section 1. Except to the extent provided in section 203(b)(1),
(3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or
regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract entered into
or any license or permit granted prior to the effective date of this
order, all property and interests in property of the former Iraqi
regime or its state bodies, corporations, or agencies, or of the
following persons, 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, are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in:
(a) the persons listed in the Annex to this order; and
(b) persons determined by the Secretary of the Treasury, in
consultation with the Secretary of State,
(i) to be senior officials of the former Iraqi regime or
their immediate family members; or
(ii) to be owned or controlled by, or acting or purporting to
act for or on behalf of, directly or indirectly, any of
the persons listed in the Annex to this order or
determined to be subject to this order.
Sec. 2. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to confiscate property that is
blocked pursuant to section 1 of this order and that he determines, in
consultation with the Secretary of State, to belong to a person,
organization, or country that has planned, authorized, aided, or
engaged in armed hostilities against the United States. All right,
title, and interest in any property so confiscated shall vest in the
Department of the Treasury. Such vested property shall promptly be
transferred to the Development Fund for Iraq.
Sec. 3. (a) Any transaction by a United States person or within
the United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 4. For purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States;
(d) the term "former Iraqi regime" means the Saddam Hussein regime
that governed Iraq until on or about May 1, 2003;
(e) the term "coalition authority" means the Coalition Provisional
Authority under the direction of its Administrator, and the military
forces of the United States, the United Kingdom, and their coalition
partners present in Iraq under the command or operational control of
the Commander of United States Central Command; and
(f) the term "Development Fund for Iraq" means the fund
established on or about May 22, 2003, on the books of the Central Bank
of Iraq, by the Administrator of the Coalition Provisional Authority
responsible for the temporary governance of Iraq and all accounts held
for the fund or for the Central Bank of Iraq in the name of the fund.
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 under
this order would seriously impair my ability to deal with the national
emergency declared in Executive Order 13303 and expanded in scope in
this order and would endanger Armed Forces of the United States that
are engaged in hostilities, and I hereby prohibit such donations as
provided by section 1 of this order.
Sec. 6. For those persons listed in the Annex to this order or
determined to be subject to 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 in scope in this order, there
need be no prior notice of a listing or determination made pursuant to
section 1 of 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 this order, that circumstances no longer warrant 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. Nothing in this order is intended to affect the continued
effectiveness of any rules, regulations, orders, licenses, or other
forms of administrative action issued, taken, or continued in effect
heretofore or hereafter under 31 C.F.R. chapter V, except as expressly
terminated, modified, or suspended by or pursuant to this order.
Sec. 10. This order shall not apply to such property as is or may
come under the control of the coalition authority in Iraq. Nothing in
this order is intended to affect dispositions of such property or other
determinations by the coalition authority.
Sec. 11. 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.
Sec. 12. This order is effective on 12:01 a.m. EDT on August 29,
2003.
Sec. 13. This order shall be transmitted to the Congress and
published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
August 28, 2003.
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