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EO 13357Executive OrderG.W. Bush · R

Executive Order 13357

Termination of Emergency Declared in Executive Order 12543 With Respect to the Policies and Actions of the

President Bush terminated the 18-year-old national emergency against Libya declared in 1986, revoking four related executive orders (12543, 12544, 12801, and 12538) due to Libya's dismantlement of weapons of mass destruction programs and MTCR-class missiles. The termination took effect at 12:01 a.m. EDT on September 21, 2004, with a savings clause preserving pending legal actions and pre-existing penalties.

Federal Register Open PDF 69 FR 56665

Impact dates

  1. Order effective at 12:01 a.m. eastern daylight time; termination of emergency and revocation of prior EOs takes effect

Key directives

  • Terminate national emergency declared in Executive Order 12543 (January 7, 1986)
  • Revoke Executive Order 12543, Executive Order 12544, Executive Order 12801, and Executive Order 12538
  • Preserve pending actions, proceedings, matured rights, duties, and incurred penalties pre-dating effective date
  • Disclaim creation of enforceable rights or benefits
  • Transmit order to Congress and publish in Federal Register

Timeline

Immediate

  • Termination of national emergency takes effect
  • Sanctions under IEEPA lifted
  • Blocked Libyan assets unblocked
  • Trade restrictions with Libya removed

Near term (90d)

  • Congressional notification transmitted
  • Federal Register publication
  • Agency implementation of regulatory changes
  • Financial institutions processing unblocked transactions

Long term

  • Normalization of U.S.-Libya diplomatic and economic relations
  • Reintegration of Libya into international financial system
  • Precedent for WMD disarmament incentives

Risks & tensions

  • Savings clause (Section 1) creates legal complexity: pending enforcement actions and pre-existing penalties remain viable despite overall policy reversal
  • No explicit mechanism for handling frozen assets—implementation relies on agency interpretation
  • Disclaimers in Section 2 may generate litigation over whether affected parties have recourse for wrongful prior designation
  • Timing: filed 9-21-04 but signed 9-20-04; effective date language creates potential ambiguity about which calendar day's actions are covered
Executive Order 13357: Termination of Emergency Declared in Executive Order 12543 With Respect to the Policies and Actions of the · Executive Orders