MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF DEFENSE (DOD) AND THE CENTRAL INTELLIGENCE AGENCY (CIA) CONCERNING THE DETENTION BY DOD OF CERTAIN TERRORISTS AT A FACILITY AT GUANTANAMO BAY NAVAL STATION

• Document Type: FOIA
• Collection: Documents Related to the Former Detention and Interrogation Program
• Document Number (FOIA) /ESDN (CREST): 6541712
• Release Decision: RIPPUB
• Document Page Count: 8
• Document Release Date: June 13, 2016
• Case Number: F-2015-02400
• Publication Date: September 1, 2006

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MEMORANDUM OF AGREEMENT BETWEEN
THE DEPARTMENT OF DEFENSE (DOD)
AND
THE CENTRAL INTELLIGENCE AGENCY (CIA)
CONCERNING
THE DETENTION BY DOD OF CERTAIN TERRORISTS
AT A FACILITY AT GUANTANAMO BAY NAVAL STATION
I. PURPOSE AND SCOPE
(S711F) This memorandum of agreement (MOA) sets out the duties and
responsibilities of DoD and CIA concerning DoD's detention of certain individuals
designated by the President to be transferred to the control of the Secretary of Defense,
who were captured in the War on Terrorism and who have conducted and/or have
(b)(1) enga?ed in lannin for, terrorist acts a ainst US ersons or interests.
(b)(3) NatSecAct
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these individuals are unlawful enemy
combatants (ECs) engaged in an armed conflict against the United States and, under the
laws of war, may be detained until the cessation of hostilities. They have been
detemined by the President to be subject to the President's Military Order of November
13, 2001 and, pursuant to that order, placed under the control and custody of the
Secretary of Defense, including for trial bymilitary commission for any offenses triable^
there under.
H. DOD DETENTION
A. (84,419 ,In General. The ECs transferred to DoD and whose
detention by DoD is the subject of this MOA are DoD detainees under the exclusive
responsibility and control of the Secretary of Defense. The Secretary, subject to the
direction of the President, is solely responsible for the continued detention, release,
transfer, or movement of the designated ECs. At the direction of the Secretary, the
Commander, US Southern Command, shall ensure that the ECs are detained in
accordance with US law, including all law applicable to detainees held by DoD, and with
all DoD policies, regulations, directives, and procedures applicable to DoD detainees.
The applicability of these DoD legal provisions shall be comprehensive, including with
respect to the detainees' registration, movement, release, transfer, continued detention,
treatment, interrogation, medical care, and trial before military commissions. DoD shall
be responsible .for the medical care of the detainees, and shall provide them food,
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clothing, and other items that are provided to detainees at Guantanamo Bay, Naval
Station (GTM0).
(b)(1)
(b)(1)
(b)(3) NatSecAct
addressed in this MOA.
shall establish such operating procedures
as necessary for the care and detention of the detainees.
3. Post-conviction confinement, if any, of a detainee whose detention
by DoD is covered by this MOA. (b)(1)
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1.4 (c)
R. (Si-N:1) Duties and Responsibilities.
1. The Secretary of Defense, or his designee, is responsible for the
DoD implementation of this MOA. Subject to the direction of the President, the
Secretary of .Defense has authority and control over the continued detention, release,
transfer, or movement of the designated detainees.
2. The Commander, US Southern Command, under the direction of the
Secretary of Defense, has overall res onsibility for ensuring that the detention of all ECs
at GTMO, (b)(1) is in accordance with US law, including all laws
applicable to detainees held by DoD, and with all DoD policies, regulations, directives,
and procedures pertaining to DoD detainees.
3. The Commander, 1 F-GTMO, reporting to Commander, US
Southern Command, is responsible for the detention of all ECs at GTMO, including the
operation of all detention facilities, in accordance with US law, including all laws
applicable to detainees held by DoD, and with all DoD policies, regulations, directives,
and procedures pertaining to detainees. As necessary for the proper and effective
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implementation of this MOA, the Commander,
(b)(1)
(b)(1)
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(b)(1)
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(b)(1)
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(b)(3) NatSecAct
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(b)(1)
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V. INVESTIGATIONS AND COMMUNICATIONS
A. -(643449- Investigations.
1. Investigation of, or inquiries into, allegations of detainee
mistreatment that pertain to activities occurring after the arrival of ,a detainee at GTMO
'shall be the responsibility of DoD. Any such allegation shall be reported to the
Commander, JTF-GTMO who shall ensure that it is properly investigated in accordance
with US law and DoD policies, regulations and directives.63)(1)
(b)(3) CIAAct
(b)(3) NatSecAct
(b)(1)
(b)(3) CIAAct
(b)(3) NatSecAct
B. (SWF) Congressional Communications and Notifications. DoD and
CIA shall coordinate with one another with regard to all communications with Congress
on matters and activities covered by this MOA. In general.
(b)(1)
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DOD 1.4,(c)
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C. (SINE) Public Affairs. DoD and CIA Will coordinate with one
another on all public affairs matters and, as necessary, other US agencies. DoD shall be
responsible for addressing those public affairs matters relating to
( b)(1 )
Secretary of Defense
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Date
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Date
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