July 28, 2003
EarthRights International
President Bush has issued an Executive Order, so far completely unreported, that purports to grant broad legal immunity to oil companies operating in Iraq. The Order is, on its face, outrageous, and should be investigated.
Executive Order 13303 (link in article), issued on May 22, 2003, claims to be essential to Iraqi reconstruction efforts. A cursory reading of the Order indicates that its real purpose is to protect oil companies by giving virtual impunity for any activities undertaken relating to Iraqi oil.
This Order, with broad language that seems to sweep aside federal statutes, including the Alien Tort Claims Act (link in article), has received no public attention. It has been brought to light by a researcher with the Sustainable Energy and Environment Network (SEEN).
Under this Order, an oil company complicit in human rights violations, or one that causes environmental damage, would be immune from lawsuits. The language of the Executive Order is so broad that it might as well have been written by lawyers for Halliburton, ExxonMobil and ChevronTexaco.
In 13303, President Bush declares a national emergency as the basis for protecting the Development Fund for Iraq (an entity intended to fund reconstruction efforts with oil proceeds, overseen by an international board including World Bank officials) as well as all Iraqi petroleum, petroleum products, “interests”, proceeds, and contracts related to Iraqi petroleum. Claiming that interference with Iraqi petroleum, petroleum products, and “interests therein” jeopardizes reconstruction efforts in Iraq, EO 13303 offers a wide range of protections to certain persons, entities and assets associated with the Iraqi oil industry. The document is apparently intended as a sweeping grant of immunity to individuals, corporations, agencies and others involved in Iraqi oil sales, marketing, or other oil-related activities.
http://www.earthrights.org/news/eo13303.shtml