Defense and national security

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 No. Executive Order 13440 was revoked.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.

Administration position: The revocation changed executive interrogation policy; Geneva Convention and statutory obligations have independent force.
SignedJuly 20, 2007
Original directionSpecified an executive interpretation of Common Article 3 for CIA detention and interrogation programs.
Later evidenceEO 13491 expressly revoked EO 13440 in January 2009 and directed lawful interrogation standards across agencies.
Review dateSeptember 26, 2026

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

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Director of the Central Intelligence AgencyApprove 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 personnelApply 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 IntelligenceExercise the President’s function under section 6(c)(3) of the Military Commissions Act of 2006 for the covered program.No deadline specified.
Later actionEO 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.