Designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention

22 U.S.C. § 1741d–1
in effect
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(a) In generalSubject 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:(1) The unlawful or wrongful detention of a United States national occurs in the foreign country. (2) 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. (3) 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. (4) 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 designationThe 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—(1) has released the United States nationals unlawfully or wrongfully detained within the territory of the foreign country; (2) 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; (3) has demonstrated changes in leadership or policies with respect to unlawful or wrongful detention and hostage taking; or (4) 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(1) Consultation and reports to Congress(A) ConsultationPrior to the designation under subsection (a), the Secretary of State shall consult the appropriate committees of Congress. (B) Reporting requirementNot 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. (C) ElementsIn 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—(i) the justification for the designation; and (ii) 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. (2) Initial briefing requiredNot later than 60 days after December 18, 2025, the Secretary shall brief Congress on the following:(A) Whether any of the following countries should be designated as a State Sponsor of Unlawful or Wrongful Detention under subsection (a):(i) Afghanistan. (ii) The Islamic Republic of Iran. (iii) The People’s Republic of China. (iv) The Russian Federation. (v) Venezuela under the regime of Nicolás Maduro. (vi) The Republic of Belarus. (B) 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—(i) any engagement with private sector companies to optimize the distribution of travel advisories; and (ii) any engagement with private companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of United States nationals. (C) 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. (D) 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. (E) 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. (3) Annual briefing(A) In generalNot 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). (B) No limitation on other briefingsAny 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. (4) PublicationThe 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 DetentionUpon 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—(1) sanctions available under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (2) 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; (3) sanctions available under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); (4) 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; (5) 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 (6) designating the government of the country as a government that has repeatedly provided support for acts of international terrorism pursuant to—(A) section 4813(c)(1)(A)(i) of title 50; (B) section 2371 of this title; (C) section 2780(d) of this title; or (D) any other provision of law. (e) Defined termIn this section, the term “appropriate committees of Congress” means—(1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives. (f) Rules of constructionNothing in this section may be construed to imply that—(1) the United States Government formally recognizes any particular country or the government of such country as legitimate; or (2) 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.

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