Presidential Documents

13277 

Federal Register 

Vol. 76, No. 47 

Thursday, March 10, 2011 

Title 3— 

The President 

Executive Order 13567 of March 7, 2011 

Periodic Review of Individuals Detained at Guanta ́namo Bay 

Naval Station Pursuant to the Authorization for Use of Military Force 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including the Authorization for Use 

of Military Force of September 2001 (AUMF), Public Law 107–40, and 

in order to ensure that military detention of individuals now held at the 

U.S. Naval Station, Guanta ́namo Bay, Cuba (Guanta ́namo), who were subject 

to the interagency review under section 4 of Executive Order 13492 of 

January 22, 2009, continues to be carefully evaluated and justified, consistent 

with the national security and foreign policy interests of the United States 

and the interests of justice, I hereby order as follows: 

Section 1. Scope and Purpose. (a) The periodic review described in section 

3 of this order applies only to those detainees held at Guanta ́namo on 

the date of this order, whom the interagency review established by Executive 

Order 13492 has (i) designated for continued law of war detention; or 

(ii) referred for prosecution, except for those detainees against whom charges 

are pending or a judgment of conviction has been entered. 

(b) This order is intended solely to establish, as a discretionary matter, 

a process to review on a periodic basis the executive branch’s continued, 

discretionary exercise of existing detention authority in individual cases. 

It does not create any additional or separate source of detention authority, 

and it does not affect the scope of detention authority under existing law. 

Detainees at Guanta ́namo have the constitutional privilege of the writ of 

habeas corpus, and nothing in this order is intended to affect the jurisdiction 

of Federal courts to determine the legality of their detention. 

(c) In the event detainees covered by this order are transferred from 

Guanta ́namo to another U.S. detention facility where they remain in law 

of war detention, this order shall continue to apply to them. 

Sec. 2. Standard for Continued Detention. Continued law of war detention 

is warranted for a detainee subject to the periodic review in section 3 

of this order if it is necessary to protect against a significant threat to 

the security of the United States. 

Sec. 3. Periodic Review. The Secretary of Defense shall coordinate a process 

of periodic review of continued law of war detention for each detainee 

described in section 1(a) of this order. In consultation with the Attorney 

General, the Secretary of Defense shall issue implementing guidelines governing the process, consistent with the following requirements: 

(a) Initial Review. For each detainee, an initial review shall commence 

as soon as possible but no later than 1 year from the date of this order. 

The initial review will consist of a hearing before a Periodic Review Board 

(PRB). The review and hearing shall follow a process that includes the 

following requirements: 

(1) Each detainee shall be provided, in writing and in a language the 

detainee understands, with advance notice of the PRB review and an 

unclassified summary of the factors and information the PRB will consider 

in evaluating whether the detainee meets the standard set forth in section 

2 of this order. The written summary shall be sufficiently comprehensive 

to provide adequate notice to the detainee of the reasons for continued 

detention. 


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(2) The detainee shall be assisted in proceedings before the PRB by a 

Government-provided personal representative (representative) who possesses the security clearances necessary for access to the information described in subsection (a)(4) of this section. The representative shall advocate on behalf of the detainee before the PRB and shall be responsible 

for challenging the Government’s information and introducing information 

on behalf of the detainee. In addition to the representative, the detainee 

may be assisted in proceedings before the PRB by private counsel, at 

no expense to the Government. 

(3) The detainee shall be permitted to (i) present to the PRB a written 

or oral statement; (ii) introduce relevant information, including written 

declarations; (iii) answer any questions posed by the PRB; and (iv) call 

witnesses who are reasonably available and willing to provide information 

that is relevant and material to the standard set forth in section 2 of 

this order. 

(4) The Secretary of Defense, in coordination with other relevant Government agencies, shall compile and provide to the PRB all information 

in the detainee disposition recommendations produced by the Task Force 

established under Executive Order 13492 that is relevant to the determination whether the standard in section 2 of this order has been met and 

on which the Government seeks to rely for that determination. In addition, 

the Secretary of Defense, in coordination with other relevant Government 

agencies, shall compile any additional information relevant to that determination, and on which the Government seeks to rely for that determination, that has become available since the conclusion of the Executive 

Order 13492 review. All mitigating information relevant to that determination must be provided to the PRB. 

(5) The information provided in subsection (a)(4) of this section shall 

be provided to the detainee’s representative. In exceptional circumstances 

where it is necessary to protect national security, including intelligence 

sources and methods, the PRB may determine that the representative 

must receive a sufficient substitute or summary, rather than the underlying 

information. If the detainee is represented by private counsel, the information provided in subsection (a)(4) of this section shall be provided to 

such counsel unless the Government determines that the need to protect 

national security, including intelligence sources and methods, or law enforcement or privilege concerns, requires the Government to provide counsel with a sufficient substitute or summary of the information. A sufficient 

substitute or summary must provide a meaningful opportunity to assist 

the detainee during the review process. 

(6) The PRB shall conduct a hearing to consider the information described 

in subsection (a)(4) of this section, and other relevant information provided 

by the detainee or the detainee’s representative or counsel, to determine 

whether the standard in section 2 of this order is met. The PRB shall 

consider the reliability of any information provided to it in making its 

determination. 

(7) The PRB shall make a prompt determination, by consensus and in 

writing, as to whether the detainee’s continued detention is warranted 

under the standard in section 2 of this order. If the PRB determines 

that the standard is not met, the PRB shall also recommend any conditions 

that relate to the detainee’s transfer. The PRB shall provide a written 

summary of any final determination in unclassified form to the detainee, 

in a language the detainee understands, within 30 days of the determination 

when practicable. 

(8) The Secretary of Defense shall establish a secretariat to administer 

the PRB review and hearing process. The Director of National Intelligence 

shall assist in preparing the unclassified notice and the substitutes or 

summaries described above. Other executive departments and agencies 

shall assist in the process of providing the PRB with information required 

for the review processes detailed in this order. 


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(b) Subsequent Full Review. The continued detention of each detainee 

shall be subject to subsequent full reviews and hearings by the PRB on 

a triennial basis. Each subsequent review shall employ the procedures set 

forth in section 3(a) of this order. 

(c) File Reviews. The continued detention of each detainee shall also 

be subject to a file review every 6 months in the intervening years between 

full reviews. This file review will be conducted by the PRB and shall 

consist of a review of any relevant new information related to the detainee 

compiled by the Secretary of Defense, in coordination with other relevant 

agencies, since the last review and, as appropriate, information considered 

during any prior PRB review. The detainee shall be permitted to make 

a written submission in connection with each file review. If, during the 

file review, a significant question is raised as to whether the detainee’s 

continued detention is warranted under the standard in section 2 of this 

order, the PRB will promptly convene a full review pursuant to the standards 

in section 3(a) of this order. 

(d) Review of PRB Determinations. The Review Committee (Committee), 

as defined in section 9(d) of this order, shall conduct a review if (i) a 

member of the Committee seeks review of a PRB determination within 

30 days of that determination; or (ii) consensus within the PRB cannot 

be reached. 

Sec. 4. Effect of Determination to Transfer. (a) If a final determination 

is made that a detainee does not meet the standard in section 2 of this 

order, the Secretaries of State and Defense shall be responsible for ensuring 

that vigorous efforts are undertaken to identify a suitable transfer location 

for any such detainee, outside of the United States, consistent with the 

national security and foreign policy interests of the United States and the 

commitment set forth in section 2242(a) of the Foreign Affairs Reform and 

Restructuring Act of 1998 (Public Law 105–277). 

(b) The Secretary of State, in consultation with the Secretary of Defense, 

shall be responsible for obtaining appropriate security and humane treatment 

assurances regarding any detainee to be transferred to another country, and 

for determining, after consultation with members of the Committee, that 

it is appropriate to proceed with the transfer. 

(c) The Secretary of State shall evaluate humane treatment assurances 

in all cases, consistent with the recommendations of the Special Task Force 

on Interrogation and Transfer Policies established by Executive Order 13491 

of January 22, 2009. 

Sec. 5. Annual Committee Review. (a) The Committee shall conduct an 

annual review of sufficiency and efficacy of transfer efforts, including: 

(1) the status of transfer efforts for any detainee who has been subject 

to the periodic review under section 3 of this order, whose continued 

detention has been determined not to be warranted, and who has not 

been transferred more than 6 months after the date of such determination; 

(2) the status of transfer efforts for any detainee whose petition for a 

writ of habeas corpus has been granted by a U.S. Federal court with 

no pending appeal and who has not been transferred; 

(3) the status of transfer efforts for any detainee who has been designated 

for transfer or conditional detention by the Executive Order 13492 review 

and who has not been transferred; and 

(4) the security and other conditions in the countries to which detainees 

might be transferred, including a review of any suspension of transfers 

to a particular country, in order to determine whether further steps to 

facilitate transfers are appropriate or to provide a recommendation to 

the President regarding whether continuation of any such suspension is 

warranted. 

(b) After completion of the initial reviews under section 3(a) of this 

order, and at least once every 4 years thereafter, the Committee shall review 


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whether a continued law of war detention policy remains consistent with 

the interests of the United States, including national security interests. 

Sec. 6. Continuing Obligation of the Departments of Justice and Defense 

to Assess Feasibility of Prosecution. As to each detainee whom the interagency review established by Executive Order 13492 has designated for 

continued law of war detention, the Attorney General and the Secretary 

of Defense shall continue to assess whether prosecution of the detainee 

is feasible and in the national security interests of the United States, and 

shall refer detainees for prosecution, as appropriate. 

Sec. 7. Obligation of Other Departments and Agencies to Assist the Secretary 

of Defense. All departments, agencies, entities, and officers of the United 

States, to the maximum extent permitted by law, shall provide the Secretary 

of Defense such assistance as may be requested to implement this order. 

Sec. 8. Legality of Detention. The process established under this order does 

not address the legality of any detainee’s law of war detention. If, at any 

time during the periodic review process established in this order, material 

information calls into question the legality of detention, the matter will 

be referred immediately to the Secretary of Defense and the Attorney General 

for appropriate action. 

Sec. 9. Definitions. (a) ‘‘Law of War Detention’’ means: detention authorized 

by the Congress under the AUMF, as informed by the laws of war. 

(b) ‘‘Periodic Review Board’’ means: a board composed of senior officials 

tasked with fulfilling the functions described in section 3 of this order, 

one appointed by each of the following departments and offices: the Departments of State, Defense, Justice, and Homeland Security, as well as the 

Offices of the Director of National Intelligence and the Chairman of the 

Joint Chiefs of Staff. 

(c) ‘‘Conditional Detention’’ means: the status of those detainees designated 

by the Executive Order 13492 review as eligible for transfer if one of the 

following conditions is satisfied: (1) the security situation improves in 

Yemen; (2) an appropriate rehabilitation program becomes available; or (3) 

an appropriate third-country resettlement option becomes available. 

(d) ‘‘Review Committee’’ means: a committee composed of the Secretary 

of State, the Secretary of Defense, the Attorney General, the Secretary of 

Homeland Security, the Director of National Intelligence, and the Chairman 

of the Joint Chiefs of Staff. 

Sec. 10. General Provisions. (a) Nothing in this order shall prejudice the 

authority of the Secretary of Defense or any other official to determine 

the disposition of any detainee not covered by this order. 

(b) This order shall be implemented subject to the availability of necessary 

appropriations and consistent with applicable law including: the Convention 

Against Torture; Common Article 3 of the Geneva Conventions; the Detainee 

Treatment Act of 2005; and other laws relating to the transfer, treatment, 

and interrogation of individuals detained in an armed conflict. 

(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. 


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(d) Nothing in this order, and no determination made under this order, 

shall be construed as grounds for release of detainees covered by this order 

into the United States. 

THE WHITE HOUSE, 

March 7, 2011. 

[FR Doc. 2011–5728 

Filed 3–9–11; 11:15 am] 

Billing code 3195–W1–P 


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