Executive Order 13303—Protecting the Development Fund for Iraq And

646 May 22 / Administration of George W. Bush, 2003

Executive Order 13303—Protecting Sec. 2. (a) As of the effective date of this the Development Fund for Iraq and order, Executive Order 12722 of August 2, Certain Other Property in Which 1990, Executive Order 12724 of August 9, Iraq Has an Interest 1990, and Executive Order 13290 of March May 22, 2003 20, 2003, shall not apply to the property and interests in property described in section 1 By the authority vested in me as President of this order. by the Constitution and the laws of the (b) Nothing in this order is intended to United States of America, including the affect the continued effectiveness of any International Emergency Economic Powers rules, regulations, orders, licenses or other Act, as amended (50 U.S.C. 1701 et seq.) forms of administrative action issued, taken, (IEEPA), the National Emergencies Act (50 or continued in effect heretofore or hereafter U.S.C. 1601 et seq.), section 5 of the United under Executive Orders 12722, 12724, or Nations Participation Act, as amended (22 13290, or under the authority of IEEPA or U.S.C. 287c) (UNPA), and section 301 of the UNPA, except as hereafter terminated, title 3, United States Code, modified, or suspended by the issuing Fed- I, George W. Bush, President of the eral agency and except as provided in section United States of America, find that the threat 2(a) of this order. of attachment or other judicial process Sec. 3. For the purposes of this order: against the Development Fund for Iraq, Iraqi (a) The term ‘‘person’’ means an individual petroleum and petroleum products, and in- or entity; terests therein, and proceeds, obligations, or (b) The term ‘‘entity’’ means a partnership, any financial instruments of any nature what- association, trust, joint venture, corporation, soever arising from or related to the sale or group, subgroup, or other organization; marketing thereof, and interests therein, ob- (c) The term ‘‘United States person’’ structs the orderly reconstruction of Iraq, the means any United States citizen, permanent restoration and maintenance of peace and se- resident alien, entity organized under the curity in the country, and the development laws of the United States or any jurisdiction of political, administrative, and economic in- within the United States (including foreign stitutions in Iraq. This situation constitutes branches), or any person in the United an unusual and extraordinary threat to the States; national security and foreign policy of the United States and I hereby declare a national (d) The term ‘‘Iraqi petroleum and petro- emergency to deal with that threat. leum products’’ means any petroleum, petro- I hereby order: leum products, or natural gas originating in Section 1. Unless licensed or otherwise Iraq, including any Iraqi-origin oil inven- authorized pursuant to this order, any attach- tories, wherever located; and ment, judgment, decree, lien, execution, gar- (e) The term ‘‘Development Fund for nishment, or other judicial process is prohib- Iraq’’ means the fund established on or about ited, and shall be deemed null and void, with May 22, 2003, on the books of the Central respect to the following: Bank of Iraq, by the Administrator of the Co- (a) the Development Fund for Iraq, and alition Provisional Authority responsible for (b) all Iraqi petroleum and petroleum the temporary governance of Iraq and all ac- products, and interests therein, and pro- counts held for the fund or for the Central ceeds, obligations, or any financial instru- Bank of Iraq in the name of the fund. ments of any nature whatsoever arising from Sec. 4. (a) The Secretary of the Treasury, or related to the sale or marketing thereof, in consultation with the Secretary of State and interests therein, in which any foreign and the Secretary of Defense, is hereby au- country or a national thereof has any interest, thorized to take such actions, including the that are in the United States, that hereafter promulgation of rules and regulations, and come within the United States, or that are to employ all powers granted to the President or hereafter come within the possession or by IEEPA and the UNPA as may be nec- control of United States persons. essary to carry out the purposes of this order. Administration of George W. Bush, 2003 / May 22 647

The Secretary of the Treasury may redele- petroleum and petroleum products, and in- gate any of these functions to other officers terests therein, and proceeds, obligations, or and agencies of the United States Govern- any financial instruments of any nature what- ment. All agencies of the United States Gov- soever arising from or related to the sale or ernment are hereby directed to take all ap- marketing thereof, and interests therein. propriate measures within their statutory au- A major national security and foreign pol- thority to carry out the provisions of this icy goal of the United States is to ensure that order. the newly established Development Fund for (b) Nothing contained in this order shall Iraq and other Iraqi resources, including relieve a person from any requirement to ob- Iraqi petroleum and petroleum products, are tain a license or other authorization in com- dedicated for the well-being of the Iraqi peo- pliance with applicable laws and regulations. ple, for the orderly reconstruction and repair Sec. 5. This order is not intended to, and of Iraq’s infrastructure, for the continued dis- does not, create any right, benefit, or privi- armament of Iraq, for the costs of indigenous lege, substantive or procedural, enforceable civilian administration, and for other pur- at law or in equity by a party against the poses benefiting the people of Iraq. The De- United States, its departments, agencies, en- velopment Fund for Iraq and other property tities, officers, employees, or agents, or any in which Iraq has an interest may be subject other person. to attachment, judgment, decree, lien, execu- Sec. 6. This order shall be transmitted to tion, garnishment, or other judicial process, the Congress and published in the Federal thereby jeopardizing the full dedication of Register. such assets to purposes benefiting the people George W. Bush of Iraq. To protect these assets, I have or- The White House, dered that, unless licensed or otherwise au- May 22, 2003. thorized pursuant to my order, any attach- ment, judgment, decree, lien, execution, gar- [Filed with the Office of the Federal Register, nishment, or other judicial process is prohib- 11:28 a.m., May 23, 2003] ited, and shall be deemed null and void, with respect to the following: NOTE: This Executive order will be published in the Federal Register on May 28. (a) the Development Fund for Iraq, and (b) all Iraqi petroleum and petroleum products, and interests therein, and pro- Message to the Congress Reporting ceeds, obligations, or any financial instru- the Declaration of a National ments of any nature whatsoever arising from Emergency With Respect to the or related to the sale and marketing thereof, Development Fund for Iraq and interests therein, in which any foreign May 22, 2003 country or a national thereof has any interest, that are in the United States, that hereafter To the Congress of the United States: come within the United States, or that are Consistent with section 204(b) of the or hereafter come within the possession or International Emergency Economic Powers control of United States persons. Act, 50 U.S.C. 1703(b) (IEEPA), section 5 In addition, by my memorandum to the of the United Nations Participation Act (22 Secretary of State and Secretary of Com- U.S.C. 287c) (UNPA), and section 301 of the merce of May 7, 2003 (Presidential Deter- National Emergencies Act, 50 U.S.C. 1631, mination 2003–23), I made inapplicable with I hereby report that I have exercised my au- respect to Iraq section 620A of the Foreign thority to declare a national emergency to Assistance Act of 1961, Public Law 87–195, deal with the unusual and extraordinary as amended, and any other provision of law threat posed to the national security and for- that applies to countries that have supported eign policy of the United States by the threat terrorism. Such provisions of law that apply of attachment or other judicial process to countries that have supported terrorism against the Development Fund for Iraq, Iraqi include, but are not limited to, 28 U.S.C.