EWSAAEmergency Wartime Supplemental Appropriations Act
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Circuit also rejected Iraq's alternative argument that, even if FSIA [section] 1605(a)(7)'s application to it survived the President's EWSAA waiver, NDAA [section] 1083(b)(1)(A)(iii) had repealed the provision and that the President had waived NDAA [section] 1083(a)'s new exception with respect to Iraq under his [section] 1083(d) authority.
In the first place, the District Court lost jurisdiction over both suits in May 2003, when the President effectuated his EWSAA authority to make [section] 1605(a)(7) inapplicable with respect to Iraq.
That Act (1) repealed the FSIA's terrorism exception, [section] 1083(b)(1)(A)(iii); (2) replaced it with a new, roughly similar exception, [section] 1083(a); (3) declared that nothing in [section] 1503 of the EWSAA had 'ever authorized, directly or indirectly, the making inapplicable of any provision of chapter 97 of title 28, United States Code, or the removal of the jurisdiction of any court of the United States' .
Section 1503 of the EWSAA consists of a principal clause, followed by eight separate proviso clauses.
Even if the best reading of the EWSAA proviso were that it encompassed only statutes that impose sanctions or prohibit assistance to state sponsors of terrorism, see Acree, 370 F.
This provision would appear to be aimed at ensuring that no court construes section 1503 of EWSAA to restore Iraq's sovereign immunity with respect to actions involving terrorist acts that occurred while Iraq was designated a State sponsor of terrorism.
2003-23 (May 7, 2003), making certain anti-terrorism sanctions inapplicable with respect to Iraq (see supra note 113) pursuant to [section] 1503 of EWSAA (P.