Automated Sync Active • Database updated as of Recent • Browse All Orders →
★
Executive Orders Archive

Every President • 1789 to Present
Search orders...
Executive Order 12817 Constitutional Neutral (+0.06)

Executive Order 12817—Transfer of Certain Iraqi Government Assets Held by Domestic Banks

George Bush George Bush
•
Wednesday, October 21, 1992
•
4 min read (870 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President George Bush on 1992-10-21, establishes federal administrative policy concerning "Transfer of Certain Iraqi Government Assets Held by Domestic Banks." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

▪ Section 5 of the United Nations Participation Act of 1945, as amended and section 301 of title 3 of the United States Code, in order to apply in the United States measures adopted in United Nations Security Council Resolution No.
▪ 12722, I, GEORGE BUSH, President of the United States of America, hereby order: Section 1.
▪ No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this order or any regulation, instruction, or discretion issued hereunder.
▪ The operation of this order shall have no effect on rights, debts, and claims existing with respect to funds or other assets prior to their transfer to the Federal Reserve Bank of New York.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities
Total Words
870
5,342 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
18.6
Post-Grad reading level
Constitutional Polarity
+0.06
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12817, George Bush (Oct 21, 1992). Available at https://executiveordersarchive.org/orders/app-executive-order-12817-transfer-certain-iraqi-government-assets-held-domestic-banks.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act et seq. ), the National Emergencies Act et seq. ), section 5 of the United Nations Participation Act of 1945, as amended and section 301 of title 3 of the United States Code, in order to apply in the United States measures adopted in United Nations Security Council Resolution No. 778 of October 2, 1992, and in order to take additional steps with respect to the actions and policies of the Government of Iraq and the national emergency described and declared in Executive Order No. 12722, I, GEORGE BUSH, President of the United States of America, hereby order: Section 1. The Secretary of the Treasury is authorized and directed to take all actions necessary to carry out the provisions of United Nations Security Council Resolution No. 778 with respect to blocked funds and other assets described in section 2 of this order, or funds and other assets received from the United Nations in repayment of funds and assets transferred pursuant to section 2 of this order. For this purpose, the Secretary of the Treasury is delegated and authorized to exercise all authorities vested in the President by sections 203 and 205 of the International Emergency Economic Powers Act and 1704) and section 5 of the United Nations Participation Act Sec. 2. Upon a determination by the Secretary of the Treasury that funds or other assets in which the Government of Iraq or its agencies, instrumentalities, or controlled entities have an interest represent the proceeds of the sale of Iraqi petroleum or petroleum products, paid for bys or on behalf of the purchaser on or after August 6, 1990, each and every United States financial institution is directed and compelled to transfer such funds or assets held by it or carried on its books to the Federal Reserve Bank of New York, when to the extent, and in the manner required by the Secretary of the Treasury. Sec. 3. The Federal Reserve Bank of New York, as fiscal agent of the United States, is authorized, directed, and compelled to receive funds and other assets in which the Government of Iraq or its agencies, instrumentalities, or controlled entities have an interest, and to hold, invest, or transfer such funds and assets, and any earnings thereon, when, to the extent, and in the manner required by the Secretary of the Treasury in order to fulfill the rights and obligations of the United States under United Nations Security Council Resolution No. 778. Sec. 4. Compliance with this order, or any regulation, instruction, or discretion issued under this order, licensing, authorizing, directing, or compelling the transfer of the blocked funds and other assets described in section 2 of this order, or funds and other assets received from the United Nations in repayment of funds and assets transferred pursuant to section 2 of this order, shall, to the extent thereof, be a full acquittance and discharge for all purposes of the obligation of the person making the transfer. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this order or any regulation, instruction, or discretion issued hereunder. The operation of this order shall have no effect on rights, debts, and claims existing with respect to funds or other assets prior to their transfer to the Federal Reserve Bank of New York. Sec. 5. For the purposes of this order, the term "United States financial institution" means any United States citizen, permanent resident alien, juridical person organized under the laws of the United States, or any person located in the United States, which is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange or securities, including, but not limited to, depository institutions, banks, savings banks, trust companies, securities brokers and dealers, clearing corporations, investment companies, and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of the foregoing. This term includes branches, offices, and agencies of foreign financial institutions which are located in the United States. Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the issuance of directive licenses, rules, and regulations, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the Federal Government. All agencies of the Federal Government are directed to take all appropriate measures within their authority to carry out the provisions of this order. Sec. 7. Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party (other than the United States) against the United States, its agencies or instrumentalities, its officers or employees, or any other person. Sec. 8. (a) This order is effective immediately. (b) This order shall be transmitted to the Congress and published in the Federal Register. George Bush The White House, October 21, 1992.