Defense and national security

Executive Order 13567: Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force

President: Barack Obama

Created interagency reviews to decide whether continued law-of-war detention remained necessary for security.

Status: In effect.

Is Executive Order 13567 still in effect? Yes. Active periodic-review process affirmed by EO 13823 and used for continuing Guantánamo detention reviews.

What does Executive Order 13567 do?

EO 13567 established Periodic Review Boards for eligible Guantánamo detainees not facing criminal charges or already approved for transfer. The board asks whether continued detention is necessary to protect against a continuing significant threat and provides notice, a personal representative, submissions and periodic file reviews. EO 13823 preserved the process, and Defense continued holding PRB proceedings in 2025.

Administration position: A PRB is an executive detention review, not a criminal trial and not a substitute for habeas corpus or other judicial review.
SignedMarch 7, 2011
StandardContinuing significant threat
MembersSix national-security departments and offices

Before and after

Before the order

The 2009 task force had categorized detainees, but no standing periodic interagency process governed continued law-of-war detention.

After the order

Eligible detainees received initial and recurring reviews with interagency determinations and transfer recommendations.

Who had to do what

Agency / officeActionTiming / position
Review BoardAssess whether continued detention remains necessaryContinuing
Defense DepartmentAdminister hearings and recordsContinuing
Detainees and representativesPresent written and oral informationContinuing

What happened next

EO 13567 created the PRB process.

EO 13823 affirmed continued periodic review.

Defense held a publicly announced PRB hearing.