- Executive Order of 22, Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest. - Executive Order of 22, Download Browse Download .. Order - Executive Order of January 21, Termination of Emergency Declared in Executive Order With Iraq and Modification of Executive Order , Executive Order
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Executive Order was issued on 22, by United States President George W. . Print/export. Create a book · Download as PDF · Printable version. Part VIII. The President. Executive Order —Protecting the. Development Fund for Iraq and Certain. Other Property in Which Iraq Has an. I, George W. Bush, President of the United States of America, find that the threat of attachment or other judicial process against the Development Fun.
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 of August 2, , 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 , revoke that Executive Order and Executive Order of August 9, , Executive Order of November 14, , Executive Order of January 18, , Executive Order of February 14, , and Executive Order of October 21, , that are based on that national emergency. I hereby amend Executive Order of March 20, , so that the authorities therein remain in effect based on the national emergency I declared in Executive Order of May 22, , and expanded in Executive Order of August 28, At the same time, and in order to take additional steps to deal with the national emergency that I declared in Executive Order , and expanded in Executive Order , 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. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order , and expanded by Executive Order , there need be no prior notice of a listing or determination made pursuant to Executive Order or this order.
Although the CPA eventually retreated from enacting the formal privatization of state-owned industries, the laws introduced by the Authority had profound and perhaps irreversible structural consequences for the Iraqi economy. Nowhere does permission for the restructuring of the Iraqi economy, for introducing WTO compliant policies or for passing laws that propel the economy into reliance upon foreign capital feature in any of the UN resolutions that gave legitimacy to the CPA.
The disbursal of Iraqi oil revenue by the CPA also has had profound implications for the future structure of the Iraqi economy. Spending based upon projected income had to be underwritten by the US government loans.
The spending of Iraqi oil revenue has effectively deepened the debt that was originally accumulated during the period of UN-enforced sanctions following the Gulf War Alexander It is the anti-democratic and pre-emptive nature of Anglo-American economic restructuring that most clearly demonstrates that the CPA regime was in violation of international law. The Hague and Geneva rules were developed to establish a set of universal principles to protect the democratic sovereignty of populations under occupation.
International law establishes limits on the conduct of government during the period before a system of legitimate democratic rule can be established.
The right to self-determination and sovereign decision making over economic, social and cultural development is in international law a principle of jus cogens Wheatley Yet, the CPA embarked upon its transformation of the Iraqi economy before the point that its policies could be ratified or rejected by a democratic process. In this regard, the CPA clearly acted beyond its remit in terms of both the spirit and the letter of the international laws of conflict.
The disbursal of oil revenue by the CPA, as the next section of the article indicates, went far beyond those purposes.
DFI funds were used simply because they offered an immediate source of funding that was subject to negligible bureaucratic controls. Using revenue allocated by the US Senate or other donor sources such as the European Union would have been subject to a set of prescribed accounting standards. Almost a year later, at the end of March , only 7. One advantage of the use of cash payments and transfers was that the CPA transactions left no paper trail and therefore they remained relatively invisible.
This strategy was given momentum by the granting of formal legal immunity to US personnel for activities related to the reconstruction economy. Executive Order is therefore a guarantee of immunity from prosecution for white-collar and corporate crimes that involve Iraqi oil.
This carte blanche provision of immunity was extended again in June What we are beginning to trace out here is a US government policy of suspending the normal rule of law in the US and Iraq. The legality of Executive Order has subsequently been challenged by academic lawyers e. Kelly But merely mentioning the law is not the same as complying with the law.
Those delays were crucial in hindering the ongoing audit of CPA activities. The accountancy firm also concluded that the CPA produced insufficient reasoning to justify non-competitive contracts, a lack of evidence that services had been provided and a lack of receipts for goods supplied and discrepancies in the amounts charged KPMG Bahrain ; IMAB b.
All available audits indicate that the disbursal of DFI revenue was conducted with little or no adequate system of monitoring or accounting. The CPA kept no list of companies that it issued contracts to. In addition to the discrepancies noted above, a report by IMAB a found evidence of incomplete DFI accounting records; untimely recording, reporting, reconciliation and follow-up of spending by Iraqi ministries; incomplete records maintained by US agencies, including disbursements that were not recorded in the Iraqi budget; lack of documented justification for limited competition for contracts at the Iraqi ministries; possible misappropriation of oil revenues; and significant difficulties in ensuring completeness and accuracy of Iraqi budgets and controls over expenditures.
In sum, the Anglo-American occupation, by a combination of suspension of the normal rule of law, and the eradication of normal mechanisms of scrutiny, created a liminal market space for capital that was designed to facilitate the transformation of the Iraqi economy.
National and international laws were thus subordinated to neo-liberal principles of economic organization. Most went to US firms. Commercial advantages for Western contractors were consolidated by applying two contracting mechanisms.
First, the CPA tendered a very high proportion of bids non-competitively—a strategy that allowed the Authority to handpick contractors. Contractors reported receiving contract by telephone contact without any formal bidding process.
Tyler and Bonner ; see also Phinney Second, where bids were competitively tendered, they incorporated very short periods of notice Christian Aid Short tendering is generally considered to encourage corruption because it creates unassailable competitive advantages for contractors that are given advance warning of the contract window. Delegates at Iraq reconstruction conferences complained frequently about the use of short-tendering in this way. One delegate described how a contract for supplying government employees with water was issued two days before the deadline.
Specifications of the contract had been already been disclosed to a favoured firm weeks in advance of the announcement of the tender. This firm subsequently won the contract.
Middle managers operating in Iraq report that such payments were often made with little scrutiny by the bid holder. Where there are inadequate checks on performance, cash-plus contracts enable unscrupulous firms to inflate the value of the contract.
Sales of faulty or non-existent supplies were common-place in CPA contracts, including a fleet of un-flyable military planes Giraldi ; Los Angeles Times, 30 July Ghost armies of employees are commonplace in Iraq and payrolls inflated as a matter of routine Mekay It is the truth. Joseph Stiglitz, the Nobel Prize-winning economist, now argues that the rest of the world must unite in its opposition to the US government. The headline of a recent profile in the British media described Stiglitz as a whistle-blower because of his damaging insider critique of his former employer, the World Bank, and especially the International Monetary Fund.
When moderates like him start arguing for a global opposition to the US then I think it is safe to conclude that Executive Order is just the tip of the iceberg. Our opposition is not to the American people any more than it is with Zimbabweans in the case of President Robert Mugabe, though the American people are undoubtedly far more culpable for the rise to power of its rogue leadership.
The question is how exactly do you take on Goliath? Seeing and telling the truth represents a start. Protesting is a further vital step. Conveniently, Israel will provide a key stimulant for mobilisation. Then we will all have at least one focal point for our opposition. Richard Calland Richard Calland has for past twenty five years been working in the fields of democratic governance and sustainable development in South Africa and beyond.
He is a founding partner of The Paternoster Group. Read more from Richard Calland. The bill also would impose sanctions with respect to the Central Bank of Syria and foreign persons who engage in certain transactions or provide arms to the Asad regime. The bill was widely supported in the House, gathering cosponsors between the two parties.
As mentioned in earlier reports, the Caesar bill was passed by the House at the end of the th Congress but died in the Senate due to Obama Administration opposition to the sanctions provision. Although the Trump Administration has not taken a position on the current legislation, the legislation opens the door for extensive new sanctions with respect to Iran as well as Russia or any other country or entity that aids Syria.
The bill now moves on to the Senate where its prospects for passage are uncertain. Moreover, Corker has been reluctant, so far, to consider Russia sanctions legislation.
The bill would impose sanctions on Iran over its ballistic missile program, its support for terrorism, and its violations of human rights.
These sanctions will freeze any and all US-based assets these individuals and entities may possess and prohibit them from facilitating transactions with those on the blacklist.
Bush in Per section d of the National Emergencies Act, the national emergency designation expires May 22, , unless specifically extended by the president. In the report, the UCIRF designates states as countries of particular concern CPCs or Tier 2 countries that merit concern but do not meet the threshold to be considered of particular concern ; non-state actors can be deemed entities of particular concern EPCs.