Secretary of State may label countries tied to wrongful detention

The Secretary of State may designate a foreign country as a State Sponsor of Wrongful Detention. The designation can cover countries whose governments detain U.S. nationals, fail to release a person after a wrongful-detention finding, or support similar detention. Wrongful detention means detention that the Secretary of State has found unlawful or wrongful under the Levinson Act. The Secretary may also consider a pattern involving unjust or unlawful detention of people from other countries when the United States has a national interest. The designation may occur when one or more listed criteria are met.

After a designation, the Secretary of State shall review available legal authorities and take appropriate steps to deter the foreign government. Possible steps include financial sanctions, immigration restrictions, passport travel limits, limits on foreign assistance, and export restrictions. Any response must comply with applicable law, including the Levinson Act and other laws named in the order. Implementation is subject to available appropriations. The order does not require every listed response or guarantee that any particular response will be used. These steps apply after a country receives a designation under this order.

The Secretary of State may terminate a country’s designation. Termination can cover a country that releases wrongfully detained U.S. nationals, changes its leadership or policies, and provides credible assurances against future misconduct. The Secretary may also end a designation at the President’s discretion and direction. The order does not treat every U.S. national detained in a designated country as wrongfully detained. Termination may occur after the Secretary makes the required findings or when the President directs it.