DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Suspending the Iraq Sanctions Act, Making Inapplicable

In simple terms

President Bush suspended most provisions of the Iraq Sanctions Act of 1990 and made terrorism-related foreign assistance restrictions inapplicable to Iraq, while delegating reporting and licensing authorities to the Secretaries of Commerce, Treasury, and State under the Emergency Wartime Supplemental Appropriations Act, 2003.

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 68 FR 26459

Key directives

  • Suspend all provisions of Iraq Sanctions Act of 1990 except section 586E
  • Make section 620A of Foreign Assistance Act of 1961 inapplicable to Iraq
  • Make all other terrorism-support country provisions inapplicable to Iraq
  • Delegate section 1503 reporting authority to Secretary of Commerce (or Treasury during interim licensing period)
  • Delegate section 1504 authority to Secretary of State
  • Authorize further redelegation of delegated functions
  • Direct Secretary of State to publish determination in Federal Register

Who is ordered

Prior policyRollback

  • otherIraq Sanctions Act of 1990, Public Law 101-513
  • othersection 620A of Foreign Assistance Act of 1961

What to expect

Immediate

  • Suspension of Iraq Sanctions Act provisions takes effect
  • Terrorism-related foreign assistance restrictions no longer apply to Iraq
  • Authority delegations to Secretaries of Commerce, Treasury, and State take effect

Near term (90d)

  • Secretary of Commerce or Treasury assumes reporting functions under section 1503
  • Secretary of State assumes functions under section 1504

Long term

  • Potential reversion of export licensing authority from Treasury back to Commerce
  • Ongoing monitoring of Iraq's status for sanctions purposes

Risks & tensions

  • Dual reporting structure for section 1503 creates ambiguity: Secretary of Commerce holds authority unless/until licensing reverts from Treasury
  • Text does not specify timeline for Commerce licensing reversion, creating institutional uncertainty
  • Broad waiver of terrorism-related statutory provisions may raise congressional oversight concerns
  • Delegation language 'until such time as' lacks fixed endpoint
Presidential Determination: Suspending the Iraq Sanctions Act, Making Inapplicable · Executive Orders