EarthRights International examines EO 13303 For Possible Illegality

[Tom Yossarian Joad]

http://www.earthrights.org/news/eo13303memo.shtml

In July of this year, researchers at the Sustainable Energy and Economy Network (SEEN) discovered a previously unreported May 22nd Executive Order regarding legal immunity for oil activities in Iraq. Executive Order 13303, “Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has An Interest,” set off alarm bells among groups concerned with corporate accountability and undue influence of the oil industry on foreign policy, including toward Iraq. The Order was billed as an implementation of the U.N. Security Council Resolution 1483, which lifted sanctions against Iraq, created a Development Fund for Iraq and immunized some Iraqi oil products from legal liability until late 2007. However, EO13303 went a good deal further than Resolution 1483 to include all oil related products and activities and environmental damages from oil activities.

An initial reading of EO 13303 by staff at EarthRights International, SEEN and the Government Accountability Project (GAP), indicated that it appeared to provide blanket legal immunity for oil companies doing business in Iraq, and that the President may have overstepped his authority in issuing it.

During late July and August, SEEN, EarthRights International and the Government Accountability Project released a number of analyses and engaged in conversation with the Treasury Department over the meaning of EO13303. The Treasury Department claimed that our interpretation was incorrect, and that EO13303 was meant only to protect monies going into the Development Fund for Iraq, and was not meant to protect the companies. They claimed that the EO was actually narrower than our reading of it, and that, in fact, not all oil-related activities were protected—only profits derived from Iraqi oil.

The following memo, which is more comprehensive than previous analyses of EO13303, confirms that the Order is extraordinarily broad and possibly illegal. It lends credence to the suspicion that the Iraq War was in fact fought at least part for control of Iraq’s oil.
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Mods, this is borderline the 24 hr. rule but I felt that many might like to see this report. If it needs to be moved, I'm sorry for the hassle.