US Code

Public Law 119-102 (07/12/2026)

22 U.S.C. § 1741d–1

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

Section text and notes

(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:
(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 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—
(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)

Consultation

Prior to the designation under subsection (a), the Secretary of State shall consult the appropriate committees of Congress.

(B)

Reporting requirement

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.

(C)

Elements

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—
(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 required

Not later than 60 days after , 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 general

Not later than one year after , 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 briefings

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.

(4)

Publication

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—
(1)
50 U.S.C. 1701 sanctions available under the International Emergency Economic Powers Act ( et seq.);
(2)
Public Law 118–478 U.S.C. 1182 visa restrictions available under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of ; note) or any other provision of Federal law;
(3)
8 U.S.C. 1101 sanctions available under the Immigration and Nationality Act ( et seq.);
(4)
22 U.S.C. 2151 restrictions on assistance provided to the government of the country under the Foreign Assistance Act of 1961 ( et seq.) or any other provision of Federal law;
(5)
22 U.S.C. 275150 U.S.C. 4801 restrictions on the export of certain goods to the country under the Arms Export Control Act ( et seq.), the Export Control Reform Act of 2018 ( 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 term

In 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 construction

Nothing 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.

Pub. L. 116–260, div. FF, title III, § 306APub. L. 119–60, div. H, title LXXXIII, § 8352139 Stat. 1880 (, as added , , .)

Editorial Notes

References in Text

Pub. L. 95–22391 Stat. 1626 section 1701 of Title 50The International Emergency Economic Powers Act, referred to in subsec. (d)(1), is title II of , , , which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of Title 8The Immigration and Nationality Act, referred to in subsec. (d)(3), is , , which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 87–19575 Stat. 424 section 2151 of this titleThe Foreign Assistance Act of 1961, referred to in subsec. (d)(4), is , , , which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 90–62982 Stat. 1320 section 2751 of this titleThe Arms Export Control Act, referred to in subsec. (d)(5), is , , , which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 115–232132 Stat. 2208 section 4801 of Title 50The Export Control Reform Act of 2018, referred to in subsec. (d)(5), is subtitle B (§§ 1741–1781) of title XVII of div. A of , , , which is classified principally to chapter 58 (§ 4801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 119–60, div. H, title LXXXIII, § 8354139 Stat. 1883

Pub. L. 119–60section 1741 of this title“Nothing in this title [probably means this subtitle, subtitle D (§§ 8351–8354) of title LXXXII of , enacting this section and provisions set out as a note under ] or the amendments made by this title may be construed as preventing the freedom of travel of United States citizens.”
, , , provided that: