Exec. Ord. 13315: The Official Looting of Iraq

(DU mods - text is public domain


http://www.scoop.co.nz/mason/stories/HL0309/S00048.htm

Exec. Ord. 13315: The Official Looting of Iraq
Friday, 5 September 2003, 11:43 am

Opinion: The Scoop Editor

Submitted By A Scoop Reader: "The executive order from President Bush that follows expands upon executive order 13303, and appears to be an asset grab under the guise of funding the Iraqi reconstruction, placing Iraq's state assets under control of the U.S. Treasury. In
effect, the official looting of Iraq. Very convenient for a government which seeks to hand
over control of Iraq to UN peacekeepers. This executive order has had zero media coverage as of today."

LINKS TO TEXT OF EO: Crypyome.Org, Federal Register or White House


Text of E.O. 13315 follows

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From the Federal Register Online via GPO Access

Presidential Documents
((Page 52315))

Executive Order 13315 of August 28, 2003

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.

((Page 52316))

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

((Page 52317))

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.

(Presidential Sig.)B

THE WHITE HOUSE,

*****ENDS*****