Waiver of Section 1083 of the National Defense Authorization Act for Fiscal Year 2008, 6571-6575 [08-515]

Agencies

• Executive Office of the President
• Presidential Documents

[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Presidential Documents]
[Pages 6571-6575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-515]




                        Presidential Documents 



Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 6571]]

                Presidential Determination No. 2008-9 of January 28, 
                2008

                
Waiver of Section 1083 of the National Defense 
                Authorization Act for Fiscal Year 2008

                Memorandum for the Secretary of State

                By the authority vested in me as President by the 
                Constitution and the laws of the United States, 
                including section 301 of title 3, United States Code, 
                and section 1083(d) of the National Defense 
                Authorization Act for Fiscal Year 2008 (the ``Act''), I 
                hereby determine that:

 All provisions of section 1083 of the Act, if applied to Iraq or 
any agency or instrumentality thereof, may affect Iraq or its agencies or 
instrumentalities, by exposing Iraq or its agencies or instrumentalities to 
liability in United States courts and by entangling their assets in 
litigation.

 The economic security and successful reconstruction of Iraq 
continue to be top national security priorities of the United States. 
Section 1083 of the Act threatens those key priorities. If permitted to 
apply to Iraq, section 1083 would risk the entanglement of substantial 
Iraqi assets in litigation in the United States--including those of the 
Development Fund for Iraq, the Central Bank of Iraq, and commercial 
entities in the United States in which Iraq has an interest. Section 1083 
also would expose Iraq to new liability of at least several billion dollars 
by undoing judgments favorable to Iraq, by foreclosing available defenses 
on which Iraq is relying in pending litigation, and by creating a new 
Federal cause of action backed by the prospect of punitive damages to 
support claims that may previously have been foreclosed. If permitted to 
apply to Iraq, section 1083 would have a significant financial impact on 
Iraq and would result in the redirection of financial resources from the 
continued reconstruction of Iraq and the harming of Iraq's stability, 
contrary to the interests of the United States.

 A waiver of all provisions of section 1083 with respect to Iraq 
and any agency or instrumentality of Iraq is therefore in the national 
security interest of the United States and will promote the reconstruction 
of, the consolidation of democracy in, and the relations of the United 
States with, Iraq.

 Iraq continues to be a reliable ally of the United States and a 
partner in combating acts of international terrorism. The November 26, 
2007, Declaration of Principles for a Long-Term Relationship of Cooperation 
and Friendship between the Republic of Iraq and the United States of 
America confirmed the commitment of the United States and Iraq to build an 
enduring relationship in the political, diplomatic, economic, and security 
arenas and to work together to combat all terrorist groups, including al-
Qaida.

                Accordingly, I hereby waive all provisions of section 
                1083 of the Act with respect to Iraq and any agency or 
                instrumentality thereof.

[[Page 6572]]

                You are authorized and directed to notify the Congress 
                of this determination and waiver and the accompanying 
                memorandum of justification, incorporated by reference 
                herein, and to arrange for their publication in the 
                Federal Register. 
                [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 28, 2008.

Billing code 4710-10-P


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[FR Doc. 08-515
Filed 2-4-08; 8:45 am]
Billing code 4710-10-C