Energy, environment and natural resources

Executive Order 13458: Implementation of the Protocol Additional to the Agreement Between the United States and the International Atomic Energy Agency for the Application of Safeguards in the United States of America

President: George W. Bush

Directed federal agencies to implement the additional safeguards protocol with the IAEA, subject to U.S. law and the protocol.

Status: In effect. Is Executive Order 13458 still in effect? Yes. Executive Order 13458 remains in effect. See Federal Register record.

What does Executive Order 13458 do?

The IAEA records that the U.S. additional protocol entered into force on January 6, 2009.

Administration position: Entry into force establishes the treaty status; the order and protocol do not imply unrestricted IAEA access to every U.S. facility.
SignedFebruary 4, 2008
Original directionDirected federal agencies to implement the additional safeguards protocol with the IAEA, subject to U.S. law and the protocol.
Later evidenceThe IAEA records that the U.S. additional protocol entered into force on January 6, 2009.
Review dateSeptember 26, 2026

Before and after

Before the order

The United States had signed the additional protocol but it was not yet in force.

After the order

The IAEA records that the U.S. additional protocol entered into force on January 6, 2009.

Entry into force establishes the treaty status; the order and protocol do not imply unrestricted IAEA access to every U.S. facility.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Secretary of StateIssue, amend or revise, and enforce the measures necessary to implement the Additional Protocol Implementation Act and U.S. Additional Protocol obligations. May perform necessary functions not otherwise assigned in the Act, consistent with the Act and subsequent directives. Provide congressional notifications or information when required by the Act.As necessary to implement the Act and Protocol; State notifications when the Act requires; no fixed deadline.
Secretary of DefenseIssue, amend or revise, and enforce the measures necessary to implement the Additional Protocol Implementation Act and U.S. Additional Protocol obligations. May perform necessary functions not otherwise assigned in the Act, consistent with the Act and subsequent directives.As necessary to implement the Act and Protocol, and consistent with subsequent directives; no fixed deadline.
Secretary of CommerceIssue, amend or revise, and enforce the measures necessary to implement the Additional Protocol Implementation Act and U.S. Additional Protocol obligations. May perform necessary functions not otherwise assigned in the Act, consistent with the Act and subsequent directives. May obtain and execute statutory warrants for complementary access to locations under Commerce regulations, with the Attorney General’s assistance as necessary.As necessary to implement the Act and Protocol, and consistent with subsequent directives; no fixed deadline.
Secretary of EnergyIssue, amend or revise, and enforce the measures necessary to implement the Additional Protocol Implementation Act and U.S. Additional Protocol obligations. May perform necessary functions not otherwise assigned in the Act, consistent with the Act and subsequent directives.As necessary to implement the Act and Protocol, and consistent with subsequent directives; no fixed deadline.
Attorney GeneralIssue, amend or revise, and enforce the measures necessary to implement the Additional Protocol Implementation Act and U.S. Additional Protocol obligations. May perform necessary functions not otherwise assigned in the Act, consistent with the Act and subsequent directives. Assist Commerce as necessary with obtaining and executing complementary-access warrants.As necessary to implement the Act and Protocol, and consistent with subsequent directives; no fixed deadline.
Nuclear Regulatory CommissionIssue, amend or revise, and enforce the measures necessary to implement the Additional Protocol Implementation Act and U.S. Additional Protocol obligations. May perform necessary functions not otherwise assigned in the Act, consistent with the Act and subsequent directives.As necessary to implement the Act and Protocol, and consistent with subsequent directives; no fixed deadline.
Heads of other appropriate agenciesIssue, amend or revise, and enforce the measures necessary to implement the Additional Protocol Implementation Act and U.S. Additional Protocol obligations. May perform necessary functions not otherwise assigned in the Act, consistent with the Act and subsequent directives.As necessary to implement the Act and Protocol, and consistent with subsequent directives; no fixed deadline.
Later actionThe IAEA records that the U.S. additional protocol entered into force on January 6, 2009.January 6, 2009

What happened next

EO 13458 signed.

The IAEA records that the U.S. additional protocol entered into force on January 6, 2009.