Executive Order 13440: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency
President: George W. Bush
Specified an executive interpretation of Common Article 3 for CIA detention and interrogation programs.
Status: Revoked. Is Executive Order 13440 still in effect? No. Executive Order 13440 was revoked. See Federal Register record. EO 13491 revoked this order.
What does Executive Order 13440 do?
EO 13491 expressly revoked EO 13440 in January 2009 and directed lawful interrogation standards across agencies.
Before and after
Before the order
The order addressed CIA program standards after the Supreme Court's Hamdan decision and the Military Commissions Act.
After the order
EO 13491 expressly revoked EO 13440 in January 2009 and directed lawful interrogation standards across agencies.
The revocation changed executive interrogation policy; Geneva Convention and statutory obligations have independent force.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Director of the Central Intelligence Agency | Approve the covered program, determine each detainee’s eligibility and the safety of interrogation practices on professional advice, and issue written policies for plans, training, monitoring, lawful treatment, and basic necessities. | For operation of the covered program; no calendar deadline. |
| Central Intelligence Agency personnel | Apply the written program policies and the order’s prohibitions on torture, abusive treatment, and religious denigration; provide detainees with basic necessities. | Throughout covered detention and interrogation. |
| Director of National Intelligence | Exercise the President’s function under section 6(c)(3) of the Military Commissions Act of 2006 for the covered program. | No deadline specified. |
| Later action | EO 13491 expressly revoked EO 13440 in January 2009 and directed lawful interrogation standards across agencies. | January 22, 2009 |
What happened next
EO 13440 signed.
EO 13491 expressly revoked EO 13440 in January 2009 and directed lawful interrogation standards across agencies.
Legal and source detail
How it works legally
The revocation changed executive interrogation policy; Geneva Convention and statutory obligations have independent force.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — official executive-order record (opens in a new tab) Official record
- GovInfo — EO 13491 (opens in a new tab) Order text
How we checked this
Last checked against the sources above on September 26, 2026. How we research →