DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Suspending the Iraq Sanctions Act, Making Inapplicable

President Bush suspended most provisions of the Iraq Sanctions Act of 1990 and made terrorism-related foreign assistance restrictions inapplicable to Iraq, while delegating reporting and licensing authorities to the Secretaries of Commerce, Treasury, and State under the Emergency Wartime Supplemental Appropriations Act, 2003.

Key directives

  • Suspend all provisions of Iraq Sanctions Act of 1990 except section 586E
  • Make section 620A of Foreign Assistance Act of 1961 inapplicable to Iraq
  • Make all other terrorism-support country provisions inapplicable to Iraq
  • Delegate section 1503 reporting authority to Secretary of Commerce (or Treasury during interim licensing period)
  • Delegate section 1504 authority to Secretary of State
  • Authorize further redelegation of delegated functions
  • Direct Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Suspension of Iraq Sanctions Act provisions takes effect
  • Terrorism-related foreign assistance restrictions no longer apply to Iraq
  • Authority delegations to Secretaries of Commerce, Treasury, and State take effect

Near term (90d)

  • Secretary of Commerce or Treasury assumes reporting functions under section 1503
  • Secretary of State assumes functions under section 1504

Long term

  • Potential reversion of export licensing authority from Treasury back to Commerce
  • Ongoing monitoring of Iraq's status for sanctions purposes

Risks & tensions

  • Dual reporting structure for section 1503 creates ambiguity: Secretary of Commerce holds authority unless/until licensing reverts from Treasury
  • Text does not specify timeline for Commerce licensing reversion, creating institutional uncertainty
  • Broad waiver of terrorism-related statutory provisions may raise congressional oversight concerns
  • Delegation language 'until such time as' lacks fixed endpoint
Presidential Determination: Suspending the Iraq Sanctions Act, Making Inapplicable · Executive Orders