[Weekly Compilation of Presidential Documents Volume 40, Number 31 (Monday, August 2, 2004)]
[Pages 1382-1384]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13350--Termination of Emergency Declared in Executive
Order 12722 With Respect to Iraq and Modification of Executive Order
13290, Executive Order 13303, and Executive Order 13315
July 29, 2004
By the authority vested in me as President by the Constitution and
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.)(NEA), 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,
I, George W. Bush, President of the United States of America, have
determined that the situation that gave rise to the declaration of a
national emergency with respect to Iraq in Executive Order 12722 of
August 2, 1990, has been significantly altered by the removal of the
regime of Saddam Hussein and other developments. I hereby terminate the
national emergency declared in Executive Order 12722, revoke that
Executive Order and Executive Order 12724 of August 9, 1990, Executive
Order 12734 of November 14, 1990, Executive Order 12743 of January 18,
1991, Executive Order 12751 of February 14, 1991, and Executive Order
12817 of October 21, 1992, that are based on that national emergency. I
hereby amend Executive Order 13290 of March 20, 2003, so that the
authorities therein remain in effect based on the national emergency I
declared in Executive Order 13303 of May 22, 2003, and expanded in
Executive Order 13315 of August 28, 2003. At the same time, and in order
to take additional steps to deal with the national emergency that I
declared in Executive Order 13303, and expanded in Executive Order
13315, with respect to the unusual and extraordinary threat to the
national security and foreign policy of the United States posed
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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 hereby
order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C.
1622(a)), termination of the national emergency declared in Executive
Order 12722 shall not affect any action taken or proceeding pending but
not finally concluded or determined as of the effective date of this
order, any action or proceeding based on any act committed prior to such
date, or any rights or duties that matured or penalties that were
incurred prior to such date. Pursuant to section 207(a) of IEEPA (50
U.S.C. 1706(a)), and subject to such regulations, orders, directives, or
licenses as may be issued pursuant to this order, I hereby determine
that the continuation of prohibitions with regard to transactions
involving property blocked pursuant to Executive Orders 12722 or 12724
that continues to be blocked as of the effective date of this order is
necessary on account of claims involving Iraq.
Sec. 2. The Annex to Executive Order 13315 is replaced and
superseded in its entirety by the Annex to this order.
Sec. 3. I hereby amend Executive Order 13290 by removing ``the
national emergency declared in Executive Order 12722 of August 2, 1990''
and replacing it with ``the national emergency declared in Executive
Order 13303 of March 20, 2003, and expanded in Executive Order 13315 of
August 28, 2003''.
Sec. 4. Unless licensed or otherwise authorized pursuant to this
order or otherwise consistent with U.S. law, the trade in or transfer of
ownership or possession of Iraqi cultural property or other items of
archeological, historical, cultural, rare scientific, and religious
importance that were illegally removed, or for which a reasonable
suspicion exists that they were illegally removed, from the Iraq
National Museum, the National Library, and other locations in Iraq since
August 6, 1990, is prohibited.
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 by Executive
Order 13315 or by this order would seriously impair my ability to deal
with the national emergency declared in Executive Order 13303, and
expanded by Executive Order 13315, or would endanger the Armed Forces of
the United States that are engaged in hostilities, and I hereby prohibit
such donations as provided in section 1 of Executive Order 13315 as
amended by this order.
Sec. 6. For those persons listed in the Annex to this order or
determined to be subject to Executive Order 13315 or 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 by Executive Order 13315, there need be no prior notice of a
listing or determination made pursuant to Executive Order 13315 or 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 the order, that circumstances no longer warrant the
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. 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
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States, its departments, agencies, instrumentalities, or entities,
officers or employees, or any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern daylight time
on July 30, 2004. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush
The White House,
July 29, 2004.
[Filed with the Office of the Federal Register, 12:57 p.m., July 29,
2004]
Note: This Executive order and its attached annex were published in the
Federal Register on July 30.