§1741d–1 Designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention

Summary

The Secretary of State can label a foreign country as a "State Sponsor of Unlawful or Wrongful Detention" when the country or a group tied to it helps or takes part in illegally holding a U.S. national. That label can be used if a U.S. national is detained in the country; if the country or a local entity does not free a detained U.S. national within 30 days after the State Department gives formal notice; if the country’s actions show it is responsible for, helping, or supporting the detention (including failing to act after notice); or if past or ongoing acts by state or nonstate actors there create a serious risk to U.S. nationals. The Secretary can remove the label only after certifying to Congress that the country has freed detainees, helped secure hostage releases, changed leadership or policies on detention, or given assurances it will not take part in or support such detentions. Before naming a country, the Secretary must consult certain Congress committees, and within 7 days of a designation must send those committees a report saying which criteria were used, why, and what U.S. actions will follow. Not later than 60 days after December 18, 2025, the Secretary must brief Congress on whether any of these countries should be designated: Afghanistan; the Islamic Republic of Iran; the People’s Republic of China; the Russian Federation; Venezuela under the regime of Nicolás Maduro; and the Republic of Belarus. That briefing must cover steps taken to deter detention, private‑sector engagement, a possible change to the Foreign Sovereign Immunities Act, plans for travel restrictions, and progress in international forums. The Assistant Secretary for Consular Affairs and the Special Presidential Envoy for Hostage Affairs must then brief Congress about those countries not later than one year after December 18, 2025, and annually for five years. The State Department must keep a public, updated list of designated countries on its website. When a country is designated, the Secretary, with other agencies, must review tools to respond and deter. The review must cover sanctions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), visa restrictions under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (8 U.S.C. 1182 note) or other law, sanctions under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), limits on foreign assistance under the Foreign Assistance Act (22 U.S.C. 2151 et seq.), export controls under the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), and whether to treat the government as repeatedly supporting international terrorism under the cited authorities. "Appropriate committees of Congress" means the Senate Foreign Relations, Appropriations, and Judiciary Committees and the House Foreign Affairs, Appropriations, and Judiciary Committees. A designation does not mean the United States formally recognizes that government, nor does it mean every detained U.S. national in that country is declared wrongfully detained.