83 FR 4831 - Protecting America Through Lawful Detention of Terrorists

Executive Office of the President

Federal Register Volume 83, Issue 23 (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