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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[section] 1605(a)(7)'s application to it survived the President's EWSAA waiver, NDAA [section] 1083(b)(1)(A)(iii) had repealed the provision and that the President had waived NDAA [section] 1083(a)'s new exception with respect to Iraq under his [section] 1083(d) authority.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That Act (1) repealed the FSIA's terrorism exception, [section] 1083(b)(1)(A)(iii); (2) replaced it with a new, roughly similar exception, [section] 1083(a); (3) declared that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] 1083(c)(4), 122 Stat.
"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.3d, at 54, we would disagree with the Court of Appeals' conclusion that the FSIA exception is not such a law.
"As for the judicial presumption against retroactivity, that does not induce us to read the EWSAA proviso more narrowly.
The EWSAA created considerable consternation for those in DOD seeking legal authority to fund construction projects in support of operations in Iraq and Afghanistan.
344 would have expressed the sense of the Congress that the POWs and their immediate family members should be compensated for their suffering and injuries as the court had decided, notwithstanding [section] 1503 of EWSAA. The bill would also have expressed Congress's resolve to continue its oversight of the application of [section] 1503 "in order to ensure that it is not misinterpreted, including by divesting United States courts of jurisdiction, with respect the POWs and other victims of Iraqi terrorism." (125) Additionally, the Senate passed language in [section] 325 of its version of the Emergency Supplemental Appropriations for Iraq and Afghanistan Security and Reconstruction Act, 2004 (H.R.
The court suggested its agreement with the government's position, expressed in several statements of interest filed in the case, that the presidential order validly restored Iraq's sovereign immunity and divested the court of jurisdiction (148); however, the court was bound by the appellate court decision in Acree to hold that [section] 1503 of EWSAA did not authorize the President's efforts in that regard.
In addition, subsection (c)(4) of section 1083 states that section 1503 of the Emergency Wartime Supplemental Appropriations Act (EWSAA) (P.L.
Unfortunately for those wishing to use the DOD Under Secretary's memo as legal authority to fund such projects, Congress quickly acted to reverse the policy by passing the EWSAA. On 16 April 2003, the President signed the legislation.
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.L.
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