CHAPTER 23 - PROTECTION OF CITIZENS ABROAD
Title 22 > CHAPTER 23
Sections (13)
§ 1731 Protection to naturalized citizens abroad
All naturalized citizens of the United States while in foreign countries are entitled to and shall receive from this Government the same protection of persons and property which is accorded to native-born citizens. (R.S. § 2000.)
§ 1732 Release of citizens imprisoned by foreign governments
Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war and not otherwise prohibited by law, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. (R.S. § 2001; Pub. L. 101–222, § 9 , Dec. 12, 1989 , 103 Stat. 1900 .)
§ 1733 Interagency Hostage Recovery Coordinator
(a) Interagency Hostage Recovery Coordinator Not later than 60 days after November 25, 2015 , the President shall designate an existing Federal official to coordinate efforts to secure the release of United States persons who are hostages held abroad. For purposes of carrying out the duties described in paragraph (2), such official shall have the title of “Interagency Hostage Recovery Coordinator”. The Coordinator shall have the following duties: Coordinate activities of the Federal Government relating to each hostage situation described in paragraph (1) to ensure efforts to secure the release of hostages are properly resourced and correct lines of authority are established and maintained. Chair a fusion cell consisting of appropriate personnel of the Federal Government with purview over each hostage situation described in paragraph (1). Ensure sufficient representation of each Federal agency and department at each fusion cell established under subparagraph (B) and issue procedures for adjudication and appeal. Develop processes and procedures to keep family members of hostages described in paragraph (1) informed of the status of such hostages, inform such family members of updates that do not compromise the national security of the United States, and coordinate with the Federal Government’s family engagement coordinator or other designated senior representative.
(b) Quarterly report and briefing On a quarterly basis, the Coordinator shall submit to the appropriate congressional committees a report that includes a summary of each hostage situation described in subsection (a)(1). Each report under this 1 subparagraph (A) may be submitted in classified or unclassified form. On a quarterly basis, the Coordinator shall provide to the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, where a hostage described in subsection (a)(1) resides a briefing with respect to the status of such hostage. In this section, the term “appropriate congressional committees” means— the Committee on Armed Services, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services, the Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.
§ 1741 Assistance for United States nationals unlawfully or wrongfully detained abroad
(a) Review The Secretary of State shall review, as expeditiously as possible, the cases of United States nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on criteria which may include whether— United States officials receive or possess credible information indicating innocence of the detained individual; the individual is being detained solely or substantially because he or she is a United States national; the individual is being detained solely or substantially to influence United States Government policy or to secure economic or political concessions from the United States Government; the detention appears to be because the individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully assemble; the individual is being detained in violation of the laws of the detaining country; independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual; the United States mission in the country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate purpose; the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts; the individual is being detained in inhumane conditions; due process of law has been sufficiently impaired so as to render the detention arbitrary; and United States diplomatic engagement is likely necessary to secure the release of the detained individual.
(b) Referrals to Special Envoy; notification to Congress Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Presidential Envoy for Hostage Affairs; and not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. The notification described in paragraph (1)(B) may be classified, if necessary.
(c) Report The Secretary of State shall submit to the appropriate congressional committees an annual report with respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad. The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex if necessary. The report required under paragraph (1) shall include current estimates of the number of individuals so detained, as well as relevant information about particular cases, such as— the name of the individual, unless the provision of such information is inconsistent with section 552a of title 5 (commonly known as the “Privacy Act of 1974”); basic facts about the case; a summary of the information that such individual may be detained unlawfully or wrongfully; a description of specific efforts, legal and diplomatic, taken on behalf of the individual since the last reporting period, including a description of accomplishments and setbacks; and a description of intended next steps.
(d) Resources for United States nationals unlawfully or wrongfully detained abroad Not later than 180 days after December 27, 2020 , and after consulting with relevant organizations that advocate on behalf of United States nationals detained abroad and the Family Engagement Coordinator established pursuant to section 1741b(c)(2) of this title , the Secretary of State shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals. The resource guidance required under subparagraph (A) should include— information to help families understand United States policy concerning the release of United States nationals unlawfully or wrongfully held abroad; contact information for officials in the Department of State or other government agencies suited to answer family questions; relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals, such as guidance on how families may engage with United States diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family members, humane treatment, and other services; guidance on submitting public or private letters from members of Congress or other individuals who may be influential in securing the release of an individual; and appropriate points of contacts, such as legal resources and counseling services, who have a record of assisting victims’ families. For the purpose of facilitating meetings between the United States Government and the family members of United States nationals unlawfully or wrongfully detained abroad, the Secretary shall provide financial assistance to cover the costs of travel to and from Washington, D.C., including travel by air, train, bus, or other transit as appropriate, to any individual who— is— a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or an appropriate individual who— is approved by the Special Presidential Envoy for Hostage Affairs; and does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national; has a permanent address that is more than 50 miles from Washington, D.C.; and requests such assistance. For each such United States national unlawfully or wrongfully detained abroad, the financial assistance described in subparagraph (A) shall be provided for not more than 2 trips per fiscal year, unless the Special Presidential Envoy for Hostage Affairs determines that a third trip is warranted. Any trip described in clause (i) shall— consist of not more than 2 family members or other individuals approved in accordance with subparagraph (A)(i)(II), unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional family member or other individual approved in accordance with subparagraph (A)(i)(II) and approves assistance to such third family member or other individual; and not exceed more than 2 nights lodging, unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional night, which shall not exceed the applicable government rate. If other United States Government assistance is unavailable, the Secretary may provide to a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a), United States assistance, as necessary, for return travel to the United States upon release of such United States national. The Secretary shall seek to make available physical health services, mental health services, and other support as appropriate, including providing information on available legal or financial resources, to— any United States national unlawfully or wrongfully detained abroad; and any family member of such United States national. For any support described in subparagraph (A) for an individual described in clause (i) or (ii) of such subparagraph that commences following the return of a United States national who was unlawfully or wrongfully detained abroad, such support shall be made available for up to 5 years from the date on which any individual identified in subparagraph (A) chooses to avail themselves of the support described in that subparagraph, unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant extending such support. The time limitation under clause (i) does not apply to any support provided during the pendency of the detention of a United States national unlawfully or wrongfully detained abroad. The Secretary shall notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives not later than 14 days after such time that total expenditures to carry out paragraphs (2) and (3) in any fiscal year surpass $250,000 for any fiscal year. Funds authorized to be appropriated for the Department of State, which may include funds made available for unforeseen emergencies arising in the diplomatic and consular service, may be used to provide the support authorized by this section. Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committee on Foreign Affairs and Appropriations of the House of Representatives a report that includes— a detailed description of expenditures made pursuant to paragraphs (2) and (3); a detailed description of types of support provided pursuant to paragraph (3), provided that such description does not identify any individuals receiving any physical or mental health support, in order to protect their privacy; and the number and location of visits outside of Washington, D.C., during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family members of each United States national unlawfully or wrongfully detained abroad. The authority and requirements under paragraphs (2), (3), (4), and (5) shall terminate on December 31, 2027 . In this subsection, the term “family member” means a spouse, father, mother, child, brother, sister, grandparent, grandchild, aunt, uncle, nephew, niece, cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(e) Timeline for unlawful or wrongful detention determinations Not less frequently than every 180 days, the Assistant Secretary for the Bureau of Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall review the cases where there is potential credible information that any United States national is being detained wrongfully and which has been identified through official government channels to both bureaus. Not later than 30 days after each review under subparagraph (A), the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall jointly submit to Congress a classified report identifying the United States nationals identified as a result of the review in subparagraph (A) detained overseas who have not, as of the date of the report, been determined by the Secretary to be unlawfully or wrongfully detained. In the case of a United States national detained overseas identified in the report under subparagraph (B), the Assistant Secretary of State for Consular Affairs shall notify a family member (as that term is defined in subsection (d)(8)) or the legal representative of the United States national not later than 30 days after the transmittal of the report required by subparagraph (B). Except as provided in subparagraph (B) and to the extent practicable, not later than 180 days after the date on which the Secretary of State receives an assessment from the Special Presidential Envoy for Hostage Affairs or the head of any other relevant bureau of the Department of State that credible information exists that a United States national is being detained unlawfully or wrongfully, the Secretary shall determine whether the United States national is in fact being unlawfully or wrongfully detained. The Secretary may waive the requirement under subparagraph (A) to make an unlawful or wrongful detention determination if the Secretary— determines that making such a determination may jeopardize the safety or interests of the United States national being detained abroad or the national security interests of the United States; and submits to Congress a classified report describing the reasons for the waiver. A waiver under clause (i) shall expire on the date that is 180 days after the date on which the Secretary submits the report on the waiver to Congress pursuant to clause (i)(II). The Secretary may renew a waiver granted pursuant to clause (i) in the manner provided under such clause.
(f) Declarations of invalidity Upon the release of a United States national determined to be unlawfully or wrongfully detained abroad and the return of that national, the President shall issue to that national a letter, to be known as a “declaration of invalidity”, that officially declares the detention abroad of the national as invalid for the purpose of completing any documentation that warrants a background investigation or review of prior offenses, such as a conviction.
§ 1741a Special Envoy for Hostage Affairs
(a) Establishment There shall be a Special Presidential Envoy for Hostage Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall report to the Secretary of State.
(b) Rank The Special Envoy shall have the rank and status of ambassador.
(c) Responsibilities The Special Presidential Envoy for Hostage Affairs shall— lead diplomatic engagement on United States hostage policy; coordinate all diplomatic engagements and strategy in support of hostage recovery efforts, in coordination with the Hostage Recovery Fusion Cell and consistent with policy guidance communicated through the Hostage Response Group; in coordination with the Hostage Recovery Fusion Cell as appropriate, coordinate diplomatic engagements regarding cases in which a foreign government has detained a United States national and the United States Government regards such detention as unlawful or wrongful; provide senior representation from the Special Envoy’s office to the Hostage Recovery Fusion Cell established under section 1741b of this title and the Hostage Response Group established under section 1741c of this title ; and ensure that families of United States nationals unlawfully or wrongly detained abroad receive updated information about developments in cases and government policy.
(d) Family Engagement Coordinator There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— for a United States national unlawfully or wrongfully detained abroad, that— any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; such family member receives consistent and accurate information from the United States Government; and appropriate coordination with the Family Engagement Coordinator described in section 1741b(c)(2) of this title ; and for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 1741b(c)(2) of this title .
§ 1741b Hostage Recovery Fusion Cell
(a) Establishment The President shall establish an interagency Hostage Recovery Fusion Cell.
(b) Participation The President shall direct the heads of each of the following executive departments, agencies, and offices to make available personnel to participate in the Hostage Recovery Fusion Cell: The Department of State. The Department of the Treasury. The Department of Defense. The Department of Justice. The Office of the Director of National Intelligence. The Federal Bureau of Investigation. The Central Intelligence Agency. Other agencies as the President, from time to time, may designate.
(c) Personnel The Hostage Recovery Fusion Cell shall include— a Director, who shall be a full-time senior officer or employee of the United States Government; a Family Engagement Coordinator who shall— work to ensure that all interactions by executive branch officials with a hostage’s family occur in a coordinated fashion and that the family receives consistent and accurate information from the United States Government; and if directed, perform the same function as set out in subparagraph (A) with regard to the family of a United States national who is unlawfully or wrongfully detained abroad; and other officers and employees as deemed appropriate by the President.
(d) Duties The Hostage Recovery Fusion Cell shall— coordinate efforts by participating agencies to ensure that all relevant information, expertise, and resources are brought to bear to secure the safe recovery of United States nationals held hostage abroad; if directed, coordinate the United States Government’s response to other hostage-takings occurring abroad in which the United States has a national interest; if directed, coordinate or assist the United States Government’s response to help secure the release of United States nationals unlawfully or wrongfully detained abroad; and pursuant to policy guidance coordinated through the National Security Council— identify and recommend hostage recovery options and strategies to the President through the National Security Council or the Deputies Committee of the National Security Council; coordinate efforts by participating agencies to ensure that information regarding hostage events, including potential recovery options and engagements with families and external actors (including foreign governments), is appropriately shared within the United States Government to facilitate a coordinated response to a hostage-taking; assess and track all hostage-takings of United States nationals abroad and provide regular reports to the President and Congress on the status of such cases and any measures being taken toward the hostages’ safe recovery; provide a forum for intelligence sharing and, with the support of the Director of National Intelligence, coordinate the declassification of relevant information; coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely information regarding significant events in their cases; make recommendations to agencies in order to reduce the likelihood of United States nationals’ being taken hostage abroad and enhance United States Government preparation to maximize the probability of a favorable outcome following a hostage-taking; and coordinate with agencies regarding congressional, media, and other public inquiries pertaining to hostage events.
(e) Administration The Hostage Recovery Fusion Cell shall be located within the Federal Bureau of Investigation for administrative purposes.
§ 1741c Hostage Response Group
(a) Establishment The President shall establish a Hostage Response Group, chaired by a designated member of the National Security Council or the Deputies Committee of the National Security Council, to be convened on a regular basis, to further the safe recovery of United States nationals held hostage abroad or unlawfully or wrongfully detained abroad, and to be tasked with coordinating the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
(b) Membership The regular members of the Hostage Response Group shall include the Director of the Hostage Recovery Fusion Cell, the Hostage Recovery Fusion Cell’s Family Engagement Coordinator, the Special Envoy appointed pursuant to section 1741a of this title , and representatives from the Department of the Treasury, the Department of Defense, the Department of Justice, the Federal Bureau of Investigation, the Office of the Director of National Intelligence, the Central Intelligence Agency, and other agencies as the President, from time to time, may designate.
(c) Duties The Hostage Recovery Group shall— identify and recommend hostage recovery options and strategies to the President through the National Security Council; coordinate the development and implementation of United States hostage recovery policies, strategies, and procedures; receive regular updates from the Hostage Recovery Fusion Cell and the Special Envoy for Hostage Affairs on the status of United States nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken to effect safe recoveries; coordinate the provision of policy guidance to the Hostage Recovery Fusion Cell, including reviewing recovery options proposed by the Hostage Recovery Fusion Cell and working to resolve disputes within the Hostage Recovery Fusion Cell; as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate or assist in the safe recovery of United States nationals unlawfully or wrongfully detained abroad; and as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
(d) Meetings The Hostage Response Group shall meet regularly.
(e) Reporting The Hostage Response Group shall regularly provide recommendations on hostage recovery options and strategies to the National Security Council.
§ 1741c–1 Report on strategies for reducing likelihood of United States nationals being unlawfully or wrongfully detained or taken hostage
Not later than 60 days after December 23, 2024 , the Special Presidential Envoy for Hostage Affairs, in coordination with the Hostage Recovery Fusion Cell, the Hostage Response Group, and relevant agencies, as appropriate, shall submit to the President and Congress a classified report that identifies and recommends options and strategies to reduce the likelihood of United States nationals being unlawfully or wrongfully detained abroad or taken hostage. ( Pub. L. 116–260, div. FF, title III, § 305A , as added Pub. L. 118–159, div. G, title LXXVII, § 7702 , Dec. 23, 2024 , 138 Stat. 2553 .)
§ 1741c–2 Coordination with transportation authorities and industry on Department of State travel advisories
(a) Coordination with the Department of Homeland Security The Secretary of State shall, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary, and in consultation with the Special Presidential Envoy for Hostage Affairs and the Assistant Secretary of State for Consular Affairs, develop messaging and informational guidance to be delivered at all United States international airports and on relevant United States Government websites warning United States nationals of the risks of wrongful or unlawful detention or hostage-taking in covered countries. The messaging and guidance described under paragraph (1) may include— posters, brochures, and other informational materials; web banners or other warnings to be displayed on relevant United States Government websites and webpages; verbal warnings at United States international airports to United States nationals whose destinations, to the extent they are discernable, are covered countries; and other methods deemed appropriate by the Secretary, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary.
(b) Department of State coordination with United States airlines The Secretary of State shall, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary, and in consultation with the Special Presidential Envoy for Hostage Affairs and Assistant Secretary of the Bureau of Consular Affairs, work with United States airlines to provide warnings about the risk of wrongful or unlawful detention and hostage-taking to United States nationals booking travel through their airlines to a covered country.
(c) Report Not later than one year after December 23, 2024 , the Secretary of State shall, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary, submit to Congress a report detailing— the additional steps taken to warn United States nationals of the risks of wrongful or unlawful detention and hostage-taking abroad, including those described in this section; efforts to improve the visibility and expand the reach of Department of State travel advisories concerning the risks to United States nationals of wrongful or unlawful detention and hostage-taking abroad; and additional recommendations on steps the United States Government might take to improve the awareness of United States nationals of the risk of wrongful or unlawful detention and hostage-taking abroad.
(d) Covered country defined In this section, the term “covered country” means a country for which a Department of State travel advisory contains either the “K—Kidnapping or Hostage Taking” or “D—Wrongful Detention” Risk Indicators.
§ 1741d Authorization of imposition of sanctions
(a) In general The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence— is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1).
(b) Sanctions described The sanctions described in this subsection are the following: An alien described in subsection (a) may be— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). An alien described in subsection (a) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. A revocation under clause (i) may— take effect immediately; and cancel any other valid visa or entry documentation that is in the alien’s possession. The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this section.
(c) Exceptions Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. Sanctions under subsection (b)(1) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or other applicable international obligations; or to carry out or assist law enforcement activity in the United States.
(d) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(e) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines that— information exists that the person did not engage in the activity for which sanctions were imposed; the person has been prosecuted appropriately for the activity for which sanctions were imposed; the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or the termination of the sanctions is in the national security interests of the United States.
(f) Reporting requirement If the President terminates sanctions pursuant to subsection (d), 1 the President shall report to the appropriate congressional committees a written justification for such termination within 15 days.
(g) Implementation of regulatory authority The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section.
(h) Exception relating to importation of goods The authorities and requirements to impose sanctions authorized under this subchapter shall not include the authority or a requirement to impose sanctions on the importation of goods. In this paragraph, the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(i) Definitions In this section: The term “foreign person” means— any citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States); or any entity not organized solely under the laws of the United States or existing solely in the United States. The term “United States person” means— an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or any person in the United States.
§ 1741d–1 Designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention
(a) In general Subject to the notice requirement of subsection (c)(1)(A), the Secretary of State, in consultation with the heads of other relevant Federal agencies, may designate a foreign country that has provided support for or directly engaged in the unlawful or wrongful detention of a United States national as a State Sponsor of Unlawful or Wrongful Detention based on any of the following criteria: The unlawful or wrongful detention of a United States national occurs in the foreign country. The government of the foreign country or an entity organized under the laws of a foreign country has failed to release an unlawfully or wrongfully detained United States national within 30 days of being officially notified by the Department of State of the unlawful or wrongful detention. Actions taken by the government of the foreign country indicate that the government is responsible for, complicit in, or materially supports the unlawful or wrongful detention of a United States national, including by acting as described in paragraph (2) after having been notified by the Department of State. The actions of a state or nonstate actor in the foreign country, including any previous action relating to unlawful or wrongful detention or hostage taking of a United States national, pose a risk to the safety and security of United States nationals abroad sufficient to warrant designation of the foreign country as a State Sponsor of Unlawful or Wrongful Detention, as determined by the Secretary.
(b) Termination of designation The Secretary of State may terminate the designation of a foreign country under subsection (a) if the Secretary certifies to Congress that the government of the foreign country— has released the United States nationals unlawfully or wrongfully detained within the territory of the foreign country; has positively contributed to the release of United States nationals taken hostage within the territory of the foreign country or from the custody of a nonstate entity; has demonstrated changes in leadership or policies with respect to unlawful or wrongful detention and hostage taking; or has provided assurances that the government of the foreign country will not engage or be complicit in or support acts described in subsection (a).
(c) Briefing and reports to Congress; publication Prior to the designation under subsection (a), the Secretary of State shall consult the appropriate committees of Congress. Not later than 7 days after making a designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State shall submit to the appropriate committees of Congress a report notifying the committees of the designation, including a certification of which criteria in subsection (a) are the basis for the designation. In each report submitted under subparagraph (B) with respect to the designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention, the Secretary shall include— the justification for the designation; and a description of any action taken by the United States Government, including the Secretary of State or the head of any other relevant Federal agency, in response to the designation to deter the unlawful or wrongful detention or hostage-taking of foreign nationals in the country. Not later than 60 days after December 18, 2025 , the Secretary shall brief Congress on the following: Whether any of the following countries should be designated as a State Sponsor of Unlawful or Wrongful Detention under subsection (a): Afghanistan. The Islamic Republic of Iran. The People’s Republic of China. The Russian Federation. Venezuela under the regime of Nicolás Maduro. The Republic of Belarus. The steps taken by the Secretary and the heads of other relevant Federal agencies to deter the unlawful and wrongful detention of United States nationals and to respond to such detentions, including— any engagement with private sector companies to optimize the distribution of travel advisories; and any engagement with private companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of United States nationals. An assessment of a possible expansion of chapter 97 of title 28, United States Code (commonly known as the “Foreign Sovereign Immunities Act of 1976”) to include an exception from asset seizure immunity for State Sponsors of Unlawful or Wrongful Detention. A detailed plan on the manner by which a geographic travel restriction should or could be instituted against State Sponsors of Unlawful or Wrongful Detention. The progress made in multilateral fora, including the United Nations and other international organizations, to address the unlawful and wrongful detention of United States nationals, in addition to nationals of partners and allies of the United States in foreign countries. Not later than one year after December 18, 2025 , and annually thereafter for 5 years, the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall brief the appropriate committees of Congress with respect to unlawful or wrongful detentions taking place in the countries listed under paragraph (2)(A) and actions taken by the Secretary of State and the heads of other relevant Federal agencies to deter the wrongful detention of United States nationals, including any steps taken in accordance with paragraph (2)(B). Any briefings pursuant to subparagraph (A) shall be in addition to any briefings requested by the appropriate congressional committees. Nothing in this provision shall be construed to limit the provision of any other briefings to the appropriate committees of Congress. The Secretary shall make available on a publicly accessible website of the Department of State, and regularly update, a list of foreign countries designated as State Sponsors of Unlawful or Wrongful Detention under subsection (a).
(d) Review of available responses to State Sponsors of Unlawful or Wrongful Detention Upon designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall conduct a comprehensive review of the use of existing authorities to respond to and deter the unlawful or wrongful detention of United States nationals in the foreign country, including— sanctions available under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.); visa restrictions available under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47 ; 8 U.S.C. 1182 note) or any other provision of Federal law; sanctions available under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.); restrictions on assistance provided to the government of the country under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) or any other provision of Federal law; restrictions on the export of certain goods to the country under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.), the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.), or any other Federal law; and designating the government of the country as a government that has repeatedly provided support for acts of international terrorism pursuant to— section 4813(c)(1)(A)(i) of title 50 ; section 2371 of this title ; section 2780(d) of this title ; or any other provision of law.
(e) Defined term In this section, the term “appropriate committees of Congress” means— the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives.
(f) Rules of construction Nothing in this section may be construed to imply that— the United States Government formally recognizes any particular country or the government of such country as legitimate; or every United States national detained in a country designated as a State Sponsor of Unlawful or Wrongful Detention under subsection (a) should be or is determined to be wrongfully detained under this subchapter.
§ 1741e Definitions
In this subchapter: The term “appropriate congressional committees” means— the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate; and the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. The term “United States national” means— a United States national as defined in section 1101(a)(22) or section 1408 of title 8 ; and a lawful permanent resident alien with significant ties to the United States. ( Pub. L. 116–260, div. FF, title III, § 307 , Dec. 27, 2020 , 134 Stat. 3098 .)
§ 1741f Rule of construction
Nothing in this subchapter may be construed to authorize a private right of action. ( Pub. L. 116–260, div. FF, title III, § 308 , Dec. 27, 2020 , 134 Stat. 3099 .)