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

This executive order terminates the 1990 national emergency with respect to Iraq that was declared after Saddam Hussein's invasion of Kuwait, while preserving and updating sanctions authorities under newer emergency declarations related to Iraq's reconstruction. It also prohibits trade in Iraqi cultural property illegally removed since 1990 and modifies existing executive orders to shift their legal basis from the old emergency to the 2003 emergency.

Federal Register Open PDF 69 FR 46055

Impact dates

Jul 30, 2004
Order effective at 12:01 a.m. eastern daylight time

Key directives

Terminate national emergency declared in EO 12722 of August 2, 1990
Revoke EO 12722, EO 12724, EO 12734, EO 12743, EO 12751, and EO 12817
Amend EO 13290 to base authorities on national emergency declared in EO 13303 and expanded in EO 13315
Replace Annex to EO 13315 with Annex to this order
Prohibit trade in or transfer of Iraqi cultural property illegally removed since August 6, 1990
Prohibit donations specified in IEEPA section 203(b)(2) by or to sanctioned persons
Authorize no prior notice for listing or determination of persons with constitutional presence in US
Authorize Secretary of Treasury, in consultation with Secretary of State, to implement and issue regulations
Authorize Secretary of Treasury to remove persons from Annex when circumstances warrant

Who is ordered

Timeline

Immediate

Termination of 1990 national emergency declared in EO 12722 takes effect at 12:01 a.m. EDT July 30, 2004
Revocation of six executive orders based on the 1990 emergency
Prohibition on trade in illegally removed Iraqi cultural property takes effect
Amendment of EO 13290 legal basis from 1990 to 2003 emergency

Near term (90d)

Treasury Secretary to promulgate rules and regulations as needed
Potential determinations regarding persons no longer warranting inclusion in Annex

Long term

Ongoing sanctions enforcement under modified EO 13315 framework
Continued blocking of property with claims involving Iraq
Potential evolution of Iraq sanctions policy as reconstruction progresses

Risks & tensions

Legal complexity: Preserves some 1990-era blocked property while terminating underlying emergency, creating potential litigation over claims involving Iraq
Cultural property provision lacks clear enforcement mechanism or definition of 'reasonable suspicion' standard
No prior notice provision for sanctions designations raises due process concerns despite stated constitutional presence finding
Shift of EO 13290 legal basis may create uncertainty for parties who relied on original 1990 emergency framework
Annex text not included in provided document, limiting assessment of actual sanctions targets