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

Executive Order 13350 of July 29, 2004

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

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 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 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.

    (Presidential Sig.)B

THE WHITE HOUSE,

    July 29, 2004.