ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

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

President George W. Bush waived Section 1083 of the FY2008 NDAA, which would have exposed Iraq and its agencies to billions of dollars in U.S. litigation liability and allowed punitive damages claims. The waiver protects Iraqi assets including the Development Fund for Iraq, Central Bank of Iraq, and commercial entities from judicial entanglement, citing national security and reconstruction priorities. The Secretary of State is directed to notify Congress and arrange Federal Register publication.

Federal Register Open PDF 73 FR 6571

Impact dates

  1. Secretary of State to notify Congress and arrange Federal Register publication

Key directives

  • Waive all provisions of Section 1083 of FY2008 NDAA with respect to Iraq and any agency or instrumentality thereof
  • Notify Congress of this determination and waiver
  • Arrange publication in Federal Register of determination, waiver, and accompanying memorandum of justification

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon signing (January 28, 2008)
  • Protection of Iraqi assets from Section 1083 liability exposure begins

Near term (90d)

  • Secretary of State notification to Congress
  • Federal Register publication arranged

Long term

  • Continued shielding of Iraqi assets from U.S. litigation
  • Sustained U.S.-Iraq financial and diplomatic cooperation framework

Risks & tensions

  • Preempts potential U.S. court judgments for victims of Saddam-era abuses or terrorism, creating tension with rule-of-law and compensation principles
  • Vague on duration—waiver appears open-ended rather than time-limited
  • Incorporates by reference an unpublished 'memorandum of justification' not provided in text
Presidential Determination: Waiver of Section 1083 of the National Defense Authorization Act for Fiscal Year 2008 · Executive Orders