Juni,
Basically you are saying if they meet all requirements of the U.N. and reevaluate they will have continued protection of the DFI funds from Washington. If they RV ex order 13303 wont matter(correct)..Am I on the right track Juni..Thanks for your help
The EO13303 continuation runs through June 2012-- but it is based on (finds its legal justification) the Emergencies Act. Our country has a built in protection mechanism that provides that a president can't just come in and declare a national emergency and take dictatorial powers (this btw, was the complaint by those on Egypt, if you recall). The protection is a built in expiration of one year. To get around this, the president has to sign a continuation every single year or else it will expire.
With regard to EO13303, Bush did this in the interest of national security, and a national emergency, and every year it has been renewed by Notice of Continuation. Further, the EO referred to its purpose being to enforce the UN sanctions. So the question is, if the EO no longer has that purpose (because the UN Res. 1483 expires naturally on June 30th), then is it legal?
This is why I said Obama said he would "review" where Iraq is at on June 30th-- because even though he signed the continuation for one YEAR (ending next June), he knows *IF* they are released from Ch. VII or the deadline is allowed to expire naturally on June 30th, then the Continuation that he signed in May will not be legally valid anymore.
All of that to say this...
When they are released from Ch VII (complying with the remaining terms and UN satisfaction) on / about June 30th, then expect right about the same time for President Obama to sign another Executive Order ENDING the 'national emergency' with respect to Iraq. This means, in essence, that the DFI funds are NOT protected. See, they have been told all along, since December, to get their affairs in order-- to get with all claimants and work out settlements with them so that there would be no attempts by any litigants to freeze the accounts. If they do this, then they should have no worries because the settlement agreements control. If they have not worked out agreements, then they have worries because the accounts could be frozen for pending litigation. Recently it was mentioned in the news concerning the Kuwaiti Airlines lawsuit. They have made it very clear they intend to go after the accounts once the June 30th expiration comes. Hopefully, Iraq has worked out an agreement with them.
There was some discussion in news articles about a month or so ago where they were asking for further protection beyond June 30th. Frankly, I do not see any legal way for them to do this, absent staying under Ch. VII by having the UN extend the June 30th deadline (which of course, we do not want). If there is a way, I haven't found it. But you never know how creative some politicians and lawyers can be with their interpretation of the law. lol
I haven't even mentioned the revalue of the dinar in all of this. I do not foresee the RV until they satisfy Allawi and the creation of the NCSP, and finish forming the GOI by filling the security positions (complete GOI is a requirement for them to exit Ch. VII and comply with the Erbil Agreement as well). When they do this, they have complied with Ch. VII, and once they do that, Obama will end the EO13303 thereafter (allowing them to have full use of the DFI funds).
