83 FR 4831 - Protecting America Through Lawful Detention of Terrorists

Executive Office of the President

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range		4831-4832
FR Document		2018-02261

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)

[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Presidential Documents]
[Pages 4831-4832]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02261]




                        Presidential Documents 



Federal Register / Vol. 83 , No. 23 / Friday, February 2, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 4831]]

                Executive Order 13823 of January 30, 2018

                
Protecting America Through Lawful Detention of 
                Terrorists

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Findings. (a) Consistent with long-standing 
                law of war principles and applicable law, the United 
                States may detain certain persons captured in 
                connection with an armed conflict for the duration of 
                the conflict.

                    (b) Following the terrorist attacks of September 
                11, 2001, the 2001 Authorization for Use of Military 
                Force (AUMF) and other authorities authorized the 
                United States to detain certain persons who were a part 
                of or substantially supported al-Qa'ida, the Taliban, 
                or associated forces engaged in hostilities against the 
                United States or its coalition partners. Today, the 
                United States remains engaged in an armed conflict with 
                al-Qa'ida, the Taliban, and associated forces, 
                including with the Islamic State of Iraq and Syria.
                    (c) The detention operations at the U.S. Naval 
                Station Guant[aacute]namo Bay are legal, safe, humane, 
                and conducted consistent with United States and 
                international law.
                    (d) Those operations are continuing given that a 
                number of the remaining individuals at the detention 
                facility are being prosecuted in military commissions, 
                while others must be detained to protect against 
                continuing, significant threats to the security of the 
                United States, as determined by periodic reviews.
                    (e) Given that some of the current detainee 
                population represent the most difficult and dangerous 
                cases from among those historically detained at the 
                facility, there is significant reason for concern 
                regarding their reengagement in hostilities should they 
                have the opportunity.

                Sec. 2. Status of Detention Facilities at U.S. Naval 
                Station Guant[aacute]namo Bay. (a) Section 3 of 
                Executive Order 13492 of January 22, 2009 (Review and 
                Disposition of Individuals Detained at the 
                Guant[aacute]namo Bay Naval Base and Closure of 
                Detention Facilities), ordering the closure of 
                detention facilities at U.S. Naval Station 
                Guant[aacute]namo Bay, is hereby revoked.

                    (b) Detention operations at U.S. Naval Station 
                Guant[aacute]namo Bay shall continue to be conducted 
                consistent with all applicable United States and 
                international law, including the Detainee Treatment Act 
                of 2005.
                    (c) In addition, the United States may transport 
                additional detainees to U.S. Naval Station 
                Guant[aacute]namo Bay when lawful and necessary to 
                protect the Nation.
                    (d) Within 90 days of the date of this order, the 
                Secretary of Defense shall, in consultation with the 
                Secretary of State, the Attorney General, the Secretary 
                of Homeland Security, the Director of National 
                Intelligence, and the heads of any other appropriate 
                executive departments and agencies as determined by the 
                Secretary of Defense, recommend policies to the 
                President regarding the disposition of individuals 
                captured in connection with an armed conflict, 
                including policies governing transfer of individuals to 
                U.S. Naval Station Guant[aacute]namo Bay.
                    (e) Unless charged in or subject to a judgment of 
                conviction by a military commission, any detainees 
                transferred to U.S. Naval Station Guant[aacute]namo Bay 
                after the date of this order shall be subject to the 
                procedures for periodic review established in Executive 
                Order 13567 of March 7, 2011 (Periodic Review of 
                Individuals Detained at Guant[aacute]namo Bay Naval 
                Station

[[Page 4832]]

                Pursuant to the Authorization for Use of Military 
                Force), to determine whether continued law of war 
                detention is necessary to protect against a significant 
                threat to the security of the United States.

                Sec. 3. Rules of Construction. (a) Nothing in this 
                order shall prevent the Secretary of Defense from 
                transferring any individual away from the U.S. Naval 
                Station Guant[aacute]namo Bay when appropriate, 
                including to effectuate an order affecting the 
                disposition of that individual issued by a court or 
                competent tribunal of the United States having lawful 
                jurisdiction.

                    (b) Nothing in this order shall be construed to 
                affect existing law or authorities relating to the 
                detention of United States citizens, lawful permanent 
                residents of the United States, or any persons who are 
                captured or arrested in the United States.
                    (c) Nothing in this order shall prevent the 
                Attorney General from, as appropriate, investigating, 
                detaining, and prosecuting a terrorist subject to the 
                criminal laws and jurisdiction of the United States.

                Sec. 4. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2018.

[FR Doc. 2018-02261
Filed 2-1-18; 8:45 am]
Billing code 3295-F8-P

$4831 Federal Register Presidential Documents Vol. 83, No. 23 Friday, February 2, 2018 Title 3— Executive Order 13823 of January 30, 2018 The President Protecting America Through Lawful Detention of Terrorists By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Findings. (a) Consistent with long-standing law of war principles and applicable law, the United States may detain certain persons captured in connection with an armed conflict for the duration of the conflict. (b) Following the terrorist attacks of September 11, 2001, the 2001 Author- ization for Use of Military Force (AUMF) and other authorities authorized the United States to detain certain persons who were a part of or substantially supported al-Qa’ida, the Taliban, or associated forces engaged in hostilities against the United States or its coalition partners. Today, the United States remains engaged in an armed conflict with al-Qa’ida, the Taliban, and associ- ated forces, including with the Islamic State of Iraq and Syria. (c) The detention operations at the U.S. Naval Station Guantánamo Bay are legal, safe, humane, and conducted consistent with United States and international law. (d) Those operations are continuing given that a number of the remaining individuals at the detention facility are being prosecuted in military commis- sions, while others must be detained to protect against continuing, significant threats to the security of the United States, as determined by periodic reviews. (e) Given that some of the current detainee population represent the most difficult and dangerous cases from among those historically detained at the facility, there is significant reason for concern regarding their reengage- ment in hostilities should they have the opportunity. Sec. 2. Status of Detention Facilities at U.S. Naval Station Guantánamo Bay. (a) Section 3 of Executive Order 13492 of January 22, 2009 (Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities), ordering the closure of detention facili- ties at U.S. Naval Station Guantánamo Bay, is hereby revoked. (b) Detention operations at U.S. Naval Station Guantánamo Bay shall con- tinue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005. (c) In addition, the United States may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation. (d) Within 90 days of the date of this order, the Secretary of Defense shall, in consultation with the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of any other appropriate executive departments and agencies as determined by the Secretary of Defense, recommend policies to the Presi- dent regarding the disposition of individuals captured in connection with jstallworth on DSKBBY8HB2PROD with PRESDOCS an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay. (e) Unless charged in or subject to a judgment of conviction by a military commission, any detainees transferred to U.S. Naval Station Guantánamo Bay after the date of this order shall be subject to the procedures for periodic review established in Executive Order 13567 of March 7, 2011 (Periodic Review of Individuals Detained at Guantánamo Bay Naval Station VerDate Sep<11>2014 08:25 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02FEE0.SGM 02FEE0$

Document Created: 2018-02-03 14:27:38
Document Modified: 2018-02-03 14:27:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		83 FR 4831