§1741d–1 Designation of a Foreign Country as a State Sponsor of Unlawful or Wrongful Detention

Summary

The Secretary of State, working with other federal agencies, can name a foreign country a "State Sponsor of Unlawful or Wrongful Detention" if U.S. citizens are being held there unlawfully or wrongly; if the country or one of its entities does not free a detained U.S. citizen within 30 days after the State Department officially notifies them; if the government’s actions show it is responsible for, helping, or supporting such detentions; or if actions by state or nonstate actors in that country make U.S. citizens unsafe there. The Secretary can remove the name if they tell Congress that the country has freed detained U.S. citizens, helped free hostages, changed its leadership or policies, or given assurances it will not take part in or support such detentions. The State Department must keep a public, regularly updated list of named countries on its website. Before naming a country, the Secretary must talk with the appropriate congressional committees and then, within 7 days after a naming, send a report explaining which criteria were used and what the U.S. is doing in response. Not later than 60 days after December 18, 2025, the Secretary must brief Congress on whether any of these countries should be named: 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 detentions (including work with private companies on travel advisories and travel promotion), a look at changing laws to allow asset seizures, a plan for travel restrictions, and progress with international partners. Within one year after December 18, 2025, and then once a year for five years, officials must update Congress about detentions in those countries and U.S. actions. If a country is named, the State Department must review options such as IEEPA sanctions; visa and immigration limits; cuts to foreign aid; export and arms controls; and possible terrorism-related designations. "Appropriate committees of Congress" means the Senate and House foreign affairs, appropriations, and judiciary committees. Naming a country this way does not mean the U.S. recognizes that government as legitimate, nor that every detained U.S. citizen in that country is automatically judged wrongfully detained.