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[section] 1605(a)(7)'s application to it survived the President's EWSAA waiver, NDAA [section] 1083(b)(1)(A)(iii) had repealed the provision and that the President had waived NDAA [section] 1083(a)'s new exception with respect to Iraq under his [section] 1083(d) authority.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That Act (1) repealed the FSIA's terrorism exception, [section] 1083(b)(1)(A)(iii); (2) replaced it with a new, roughly similar exception, [section] 1083(a); (3) declared that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.