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Tuesday, August 05, 2003

Executive privilege

President Bush signed Executive Order 13303, which states:

I, GEORGE W. BUSH, President of the United States of America, find that the threat of attachment or other judicial process against the Development Fund for Iraq, Iraqi petroleum and petroleum products, and interests therein, and proceeds, obligations, or any financial instruments of any nature whatsoever arising from or related to the sale or marketing thereof, and interests therein, obstructs the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq. This situation constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States and I hereby declare a national emergency to deal with that threat.

Which gives him the authority to do this:

I hereby order:

Section 1. Unless licensed or otherwise authorized pursuant to this order, any attachment, judgment, decree, lien, execution, garnishment, or other judicial process is prohibited, and shall be deemed null and void, with respect to the following:

(a) the Development Fund for Iraq, and

(b) all Iraqi petroleum and petroleum products, and interests therein, and proceeds, obligations, or any financial instruments of any nature whatsoever arising from or related to the sale or marketing thereof, and interests therein, in which any foreign country or a national thereof has any interest, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons.

While it may look like all the Iraqi oil proceeds will go to the Development Fund for Iraq, this is decidedly not the case. These are two seperate things. What it does is give carte blance to any and all corporations involved in Iraq's newly liberated oil industry. It frees them from pesky things like lawsuits or humanitarian abuse accusations or worries about the effect on the environment. How convenient.

More information and analysis here. Thanks to Jason.

posted by chris at 4:43 PM

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