EO 13440 Title 3--The President President under the Constitution and the laws of the United States, includ- ing the Military Commissions Act of 2006, this order interprets the mean- ing and application of the text of Common Article 3 with respect to certain detentions and interrogations, and shall be treated as authoritative for all purposes as a matter of United States law, including satisfaction of the international obligations of the United States. I hereby determine that Com- mon Article 3 shall apply to a program of detention and interrogation oper- ated by the Central Intelligence Agency as set forth in this section. The re- quirements set forth in this section shall be applied with respect to detain- ees in such program without adverse distinction as to their race, color, reli- gion or faith, sex, birth, or wealth. (b) I hereby determine that a program of detention and interrogation ap- proved by the Director of the Central Intelligence Agency fully complies with the obligations of the United States under Common Article 3, pro- vided that: (i) the conditions of confinement and interrogation practices of the pro- gram do not include: (A) torture, as defined in section 2340 of title 18, United States Code; (B) any of the acts prohibited by section 2441(d) of title \1778, United States Code, including murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily iniury, rape, sexual assault or abuse, taking of hostages, or performing of bio- logical experiments; (C) other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment, as de- fined in section 244\177(d) of title \1778, United States Code; (D) any other acts of cruel, inhuman, or degrading treatment or pun- ishment prohibited by the Military Commissions Act (subsection 6(c) of Public Law \17709-366) and the Detainee Treatment Act of 2005 (sec- tion 1003 of Public Law \17709-\17748 and section \177403 of Public Law \17709- 163); (E) willful and outrageous acts of personal abuse done for the purpose of humiliating or degrading the individual in a manner so serious that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, threatening the individual with sexual mutilation, or using the indi- vidual as a human shield; or (F) acts intended to denigrate the religion, religious practices, or reli- gious objects of the individual; (ii) the conditions of confinement and interrogation practices are to be used with an alien detainee who is determined by the Director of the Central Intelligence Agency: (A) to be a member or part of or supporting al Qaeda, the Tallban, or associated organizations; and (B) likely to be in possession of information that: (\177) could assist in detecting, mitigating, or preventing terrorist at- tacks, such as attacks within the United States or against its Armed Forces or other personnel, citizens, or facilities, or against allies or 230
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