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1) Outrageous Bush Executive Order on Iraq Oil Must Be Investigated 2) Executive Order 13303 of May 22, 2003 ------------- 1) http://www.earthrights.org/news/eo13303.shtml Outrageous Bush Executive Order on Iraq Oil Must Be Investigated July 28, 2003 EarthRights International President Bush has issued an Executive Order, so far completely unreported, that purports to grant broad legal immunity to oil companies operating in Iraq. The Order is, on its face, outrageous, and should be investigated. Executive Order 13303 http://www.archives.gov/federal_register/executive_orders/2003.html#13303, issued on May 22, 2003, claims to be essential to Iraqi reconstruction efforts. A cursory reading of the Order indicates that its real purpose is to protect oil companies by giving virtual impunity for any activities undertaken relating to Iraqi oil. This Order, with broad language that seems to sweep aside federal statutes, including the Alien Tort Claims Act http://www.notortureforprofit.org/ , has received no public attention. It has been brought to light by a researcher with the Sustainable Energy and Environment Network (SEEN) http://www.seen.org/BushEO.shtml. Under this Order, an oil company complicit in human rights violations, or one that causes environmental damage, would be immune from lawsuits. The language of the Executive Order is so broad that it might as well have been written by lawyers for Halliburton, ExxonMobil and ChevronTexaco. In 13303, President Bush declares a national emergency as the basis for protecting the Development Fund for Iraq (an entity intended to fund reconstruction efforts with oil proceeds, overseen by an international board including World Bank officials) as well as all Iraqi petroleum, petroleum products, “interests”, proceeds, and contracts related to Iraqi petroleum. Claiming that interference with Iraqi petroleum, petroleum products, and “interests therein” jeopardizes reconstruction efforts in Iraq, EO 13303 offers a wide range of protections to certain persons, entities and assets associated with the Iraqi oil industry. The document is apparently intended as a sweeping grant of immunity to individuals, corporations, agencies and others involved in Iraqi oil sales, marketing, or other oil-related activities. The Order provides protection at both the front end—the activities that generate the oil—as well as the back—the profits and proceeds that ensue. U.S. companies engaged in petroleum-related work in Iraq are purportedly given broad immunity from suits for environmental damage, workplace harms, contractual disputes, and numerous other wrongs. For example, a U.S. oil company benefiting from human rights abuses, no matter how egregious, apparently falls within the Order’s immunity from suit. Similarly, the Order purports to protect any assets derived from Iraqi oil from judgment, garnishment, or any other seizure in U.S. courts. For example, if a corporate entity or an individual engages in criminal activity in the U.S., its assets traceable to Iraqi oil are protected by this order. The list of situations in which a person or corporation could get away with, if not murder, then at least millions, is endless. The title of the EO, “Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest,” is a sham. This EO may be about Iraq, but it’s also about the oil industry exclusively. (Remember the Administration has claimed that the Iraq war had nothing to do with oil?) There is nothing at all about protecting humanitarian organizations, communications, computer or electrical companies, or other industries that are critical to Iraq’s reconstruction. EarthRights International is joining SEEN and the Government Accountability Project in investigating the legitimacy of this Order. We call on Congress to investigate EO 13303 immediately. --------------- 2) http://www.archives.gov/federal_register/executive_orders/2003.html#13303 Wednesday, May 28, 2003 Part VIII The President Executive Order 13303—Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest VerDate Jan<31>2003 18:58 May 27, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28MYE0.SGM 28MYE0?VerDate Jan<31>2003 18:58 May 27, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\28MYE0.SGM 28MYE0?Presidential Documents 31931 Federal Register Vol. 68, No. 102 Wednesday, May 28, 2003 Title 3— The President Executive Order 13303 of May 22, 2003 Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest 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, as amended (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, I, GEORGE W. BUSH, President of the United States of America, find that the threat of attachment or other judicial process against the Development Fund for Iraq, Iraqi petroleum and petroleum products, and interests therein, and proceeds, obligations, or any financial instruments of any nature whatso-ever arising from or related to the sale or marketing thereof, and interests therein, obstructs the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq. This situation constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States and I hereby declare a national emergency to deal with that threat. I hereby order: Section 1. Unless licensed or otherwise authorized pursuant to this order, any attachment, judgment, decree, lien, execution, garnishment, or other judicial process is prohibited, and shall be deemed null and void, with respect to the following: (a) the Development Fund for Iraq, and (b) all Iraqi petroleum and petroleum products, and interests therein, and proceeds, obligations, or any financial instruments of any nature whatso-ever arising from or related to the sale or marketing thereof, and interests therein, in which any foreign country or a national thereof has any interest, 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. Sec. 2. (a) As of the effective date of this order, Executive Order 12722 of August 2, 1990, Executive Order 12724 of August 9, 1990, and Executive Order 13290 of March 20, 2003, shall not apply to the property and interests in property described in section 1 of this order. (b) 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 Executive Orders 12722, 12724, or 13290, or under the authority of IEEPA or the UNPA, except as hereafter terminated, modified, or suspended by the issuing Federal agency and except as provided in section 2(a) of this order. Sec. 3. For the 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 VerDate Jan<31>2003 18:58 May 27, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28MYE0.SGM 28MYE0?31932 Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Presidential Documents States or any jurisdiction within the United States (including foreign branches), or any person in the United States; (d) The term ‘‘Iraqi petroleum and petroleum products’’ means any petro-leum, petroleum products, or natural gas originating in Iraq, including any Iraqi-origin oil inventories, wherever located; and (e) 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. 4. (a) The Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense, 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 the 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. All agencies of the United States Govern-ment are hereby directed to take all appropriate measures within their statu-tory authority to carry out the provisions of this order. (b) Nothing contained in this order shall relieve a person from any require-ment to obtain a license or other authorization in compliance with applicable laws and regulations. Sec. 5. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. Sec. 6. This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, May 22, 2003. [FR Doc. 03–13412 Filed 5–23–03; 11:28 am] Billing code 3195–01–P VerDate Jan<31>2003 18:58 May 27, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28MYE0.SGM 28MYE0 _______________________________________________ Sent via the discussion list of the Campaign Against Sanctions on Iraq. To unsubscribe, visit http://lists.casi.org.uk/mailman/listinfo/casi-discuss To contact the list manager, email firstname.lastname@example.org All postings are archived on CASI's website: http://www.casi.org.uk