Executive Order 13303
Encyclopedia
Executive Order 13303 was issued on May 22, 2003 by United States
President
George W. Bush
to protect the Development Fund for Iraq
for the rebuilding of Iraq
from any legal attachments
or lien
s. Further, it protects Iraqi oil products and interests and ownership
by US person
s (defined to include US corporation
s) from attachment as well. Executive Order 13303 also terminates sanctions specified in EO 12722, EO 12724, EO 13290, as it applies to the development fund. In effect, EO 13303 provides an extraordinarily broad legal shield for any and all contractors and mercenaries
working in Iraq on behalf of US corporations in any oil related enterprise
.
, created by the United Nations
and nominally controlled by the United States, with advice from the World Bank
and the International Monetary Fund
(IMF). The second part of the plan is EO 13303, providing absolute legal protection for US interests in Iraqi oil.
for Iraq will accrue from the new Development Fund for Iraq. They say that it will allow opportunities for grave abuses because it offers little illuminating context and its tone suggests the language should be read quite broadly. These concerns stem from the apparent likelihood the fund will be used to leverage US government and corporate interests.
The United Nations Security Council
approved Resolution 1483 on May 22, 2003, ending economic sanctions against Iraq while clearing a path for the transfer of over $1 billion from the Oil-for-Food program
as seed money for establishment of the development fund. Critics are also alarmed because all proceeds from the sale of Iraqi oil and natural gas are to be placed into the fund, noting developing countries have amassed huge debts in exchange for selling out their natural resources to powerful corporations. This paradigm
, they contend, cloaks corporate welfare
and neocolonialism
in terms of 'poverty
alleviation', and now in Iraq as 'humanitarian assistance'.
There are differences between the original text (UN Security Council Resolution 1483) and EO 13303, which may lead a court to hold implementation is overbroad.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to protect the Development Fund for Iraq
Development Fund for Iraq
In May 2003, following the invasion of Iraq in March of that year, the Central Bank of Iraq-Development Fund for Iraq account was created at the U.S. Federal Reserve Bank of New York at the request of the Coalition Provisional Authority Administrator...
for the rebuilding of Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
from any legal attachments
Judgment
A judgment , in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil...
or lien
Lien
In law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
s. Further, it protects Iraqi oil products and interests and ownership
Ownership
Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate or intellectual property. Ownership involves multiple rights, collectively referred to as title, which may be separated and held by different parties. The concept of ownership has...
by US person
Person
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
s (defined to include US corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s) from attachment as well. Executive Order 13303 also terminates sanctions specified in EO 12722, EO 12724, EO 13290, as it applies to the development fund. In effect, EO 13303 provides an extraordinarily broad legal shield for any and all contractors and mercenaries
Mercenary
A mercenary, is a person who takes part in an armed conflict based on the promise of material compensation rather than having a direct interest in, or a legal obligation to, the conflict itself. A non-conscript professional member of a regular army is not considered to be a mercenary although he...
working in Iraq on behalf of US corporations in any oil related enterprise
Business
A business is an organization engaged in the trade of goods, services, or both to consumers. Businesses are predominant in capitalist economies, where most of them are privately owned and administered to earn profit to increase the wealth of their owners. Businesses may also be not-for-profit...
.
Effects of EO 13303
The primary effect of EO 13303 is the legal protection of US oil companies. EO 13303 is part of a broader endeavor by the Bush administration to exert control over Iraqi oil revenues. The plan centers on the Development Fund for IraqDevelopment Fund for Iraq
In May 2003, following the invasion of Iraq in March of that year, the Central Bank of Iraq-Development Fund for Iraq account was created at the U.S. Federal Reserve Bank of New York at the request of the Coalition Provisional Authority Administrator...
, created by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and nominally controlled by the United States, with advice from the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
and the International Monetary Fund
International Monetary Fund
The International Monetary Fund is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world...
(IMF). The second part of the plan is EO 13303, providing absolute legal protection for US interests in Iraqi oil.
Controversy
Critics of EO 13303 contend new debtDebt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
for Iraq will accrue from the new Development Fund for Iraq. They say that it will allow opportunities for grave abuses because it offers little illuminating context and its tone suggests the language should be read quite broadly. These concerns stem from the apparent likelihood the fund will be used to leverage US government and corporate interests.
The United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
approved Resolution 1483 on May 22, 2003, ending economic sanctions against Iraq while clearing a path for the transfer of over $1 billion from the Oil-for-Food program
Oil-for-Food Programme
The Oil-for-Food Programme , established by the United Nations in 1995 was established with the stated intent to allow Iraq to sell oil on the world market in exchange for food, medicine, and other humanitarian needs for ordinary Iraqi citizens without allowing Iraq to boost its military...
as seed money for establishment of the development fund. Critics are also alarmed because all proceeds from the sale of Iraqi oil and natural gas are to be placed into the fund, noting developing countries have amassed huge debts in exchange for selling out their natural resources to powerful corporations. This paradigm
Paradigm
The word paradigm has been used in science to describe distinct concepts. It comes from Greek "παράδειγμα" , "pattern, example, sample" from the verb "παραδείκνυμι" , "exhibit, represent, expose" and that from "παρά" , "beside, beyond" + "δείκνυμι" , "to show, to point out".The original Greek...
, they contend, cloaks corporate welfare
Corporate welfare
Corporate welfare is a pejorative term describing a government's bestowal of money grants, tax breaks, or other special favorable treatment on corporations or selected corporations. The term compares corporate subsidies and welfare payments to the poor, and implies that corporations are much less...
and neocolonialism
Neocolonialism
Neocolonialism is the practice of using capitalism, globalization, and cultural forces to control a country in lieu of direct military or political control...
in terms of 'poverty
Poverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
alleviation', and now in Iraq as 'humanitarian assistance'.
There are differences between the original text (UN Security Council Resolution 1483) and EO 13303, which may lead a court to hold implementation is overbroad.
Online versions of EO 13303
- Executive Order 13303: Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has An Interest, May 22, 2003, the White House Archives
- AkamaiTech.net (pdf) - 'Executive Order 13303: Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest' signed May 22, 2003, Federal RegisterFederal RegisterThe Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
- ReclaimDemocracy.org - 'Executive Order 13303: Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest' signed May 22, 2003, the Federal RegisterFederal RegisterThe Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
(May 28, 2003)
External links
- UN resolution 1483, May 22, 2003
- EarthRights.org - 'Outrageous Bush Executive Order on Iraq Oil Must Be Investigated' (July 28, 2003)
- EarthRights.org - 'EarthRights International examines EO 13303 for possible illegality' (September 22, 2003)
- GreenNet.org - 'UN resolution could give Halliburton permanent immunity in Iraq', Jim Vallette (June 4, 2004)
- TomPaine.com - 'Operation Oil Immunity', Steve Kretzmann, Jim Vallette (May 7, 2004)
- WSWS.org - 'Bush grants permanent legal immunity to US corporations looting Iraqi oil'. Rick Kelly, World Socialist Web Site (August 19, 2003)