Executive Order 13315: The Official Looting of Iraq

Executive order 13315 can be found at
http://cryptome.org/eo13315.txt
or
http://a257.g.akamaitech.net/7/257/2422/03sep20030800/edocket.access.gpo.gov/2003/03-22543.htm

Full text follows.
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3 September 2003
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: September 3, 2003 (Volume 68, Number 170)]
[Presidential Documents]
[Page 52315-52317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se03-102]

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,

August 28, 2003.

Billing code 3195-01-P

[Federal Register: September 3, 2003 (Volume 68, Number 170)]
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[Federal Register: September 3, 2003 (Volume 68, Number 170)]
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[Federal Register: September 3, 2003 (Volume 68, Number 170)]
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[Federal Register: September 3, 2003 (Volume 68, Number 170)]
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[Federal Register: September 3, 2003 (Volume 68, Number 170)]
[Contents]
[Page 52322-VI]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se03-107]

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[FR Doc. 03-22543 Filed 9-2-03; 8:45 am]

Billing code 4810-25-C