Message
to the Congress of the United States
The White House
Washington, D.C.
March 20, 2003
Pursuant to section 204(b) of the International Emergency Economic Powers
Act, 50 U.S.C. 1703(b) (IEEPA), and section 301 of the National Emergencies
Act, 50 U.S.C. 1631, I hereby report that I have taken additional steps with
respect to the national emergency declared in Executive Order 12722 of August
2, 1990, by exercising my statutory authority to confiscate and vest certain
property of the Government of Iraq and its agencies, instrumentalities, or
controlled entities.
Consistent with section 203(a)(1)(C) of IEEPA, 50 U.S.C. 1702(a)(1)(C),
as added by section 106 of the USA PATRIOT ACT, Public Law 107-56, I have
ordered that certain blocked funds held in the United States in accounts
in the name of the Government of Iraq, the Central Bank of Iraq, Rafidain
Bank, Rasheed Bank, or the State Organization for Marketing Oil are hereby
confiscated and vested in the Department of the Treasury. I have made exceptions
for any such funds that are subject to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations, or that enjoy equivalent
privileges and immunities under the laws of the United States, and are or
have been used for diplomatic or consular purposes. In addition, such amounts
that, as of the date of the order, are subject to post-judgment writs of
execution or attachment in aid of execution of judgments pursuant to section
201 of the Terrorism Risk Insurance Act of 2002 (Public Law 107-297) are
not being vested, provided that, upon satisfaction of the judgments on which
such writs are based, any remainder of such excepted amounts shall, without
further action, be confiscated and vested.
I have delegated to the Secretary of the Treasury authority to undertake
all other action of the President and all functions of the President set
forth in section 203(a)(1)(C) of IEEPA with respect to any and all property
of the Government of Iraq, including its agencies, instrumentalities, or
controlled entities, and to take additional steps, including the promul-gation
of rules and regulations as may be necessary to carry out the purposes of
this order.
I am enclosing a copy of the Executive Order I have issued, which is effective
immediately.
I have exercised these authorities in furtherance of Executive Orders 12722
and 12724 with respect to the unusual and extraordinary threat to our national
security and foreign policy posed by the policies and actions of the Government
of Iraq. I intend that such vested property should be used to assist the
Iraqi people and to assist in the reconstruction of Iraq, and have determined
that such use would be in the interest of and for the benefit of the United
States.
The power to vest assets of a foreign government with which the United States
is engaged in armed hostilities is one that has been recognized for many
decades. This power is being used here because it is clearly in the interests
of the United States to have these funds available for use in rebuilding
Iraq and launching that country on the path to speedy economic recovery.
In addition, this authority is being invoked in a limited way, designed to
minimize harm to third parties and to respect existing court orders as much
as possible.