§1741e. Definitions — Inbound Citations
22 U.S.C. § 1741e
Cited by 59 provisions in release 119-102.
Citations to §1741e(1)
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(A) The Secretary of State shall submit to the appropriate congressional committees an annual report with respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad.
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(f) If the President terminates sanctions pursuant to subsection (d),1 the President shall report to the appropriate congressional committees a written justification for such termination within 15 days.
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(B) 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.
Citations to §1741e(2)
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(a) The Secretary of State shall review, as expeditiously as possible, the cases of United States nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on criteria which may include whether—(1) United States officials receive or possess credible information indicating innocence of the detained individual;(2) the individual is being detained solely or substantially because he or she is a United States national;(3) the individual is being detained solely or substantially to influence United States Government policy or to secure economic or political concessions from the United States Government;(4) the detention appears to be because the individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully assemble;(5) the individual is being detained in violation of the laws of the detaining country;(6) independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual;(7) the United States mission in the country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate purpose;(8) the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts;(9) the individual is being detained in inhumane conditions;(10) due process of law has been sufficiently impaired so as to render the detention arbitrary; and(11) United States diplomatic engagement is likely necessary to secure the release of the detained individual.
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(2) the individual is being detained solely or substantially because he or she is a United States national;
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(1) Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall—(A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Presidential Envoy for Hostage Affairs; and(B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination.
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(A) The Secretary of State shall submit to the appropriate congressional committees an annual report with respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad.
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(A) Not later than 180 days after December 27, 2020, and after consulting with relevant organizations that advocate on behalf of United States nationals detained abroad and the Family Engagement Coordinator established pursuant to section 1741b(c)(2) of this title, the Secretary of State shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals.
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(i) information to help families understand United States policy concerning the release of United States nationals unlawfully or wrongfully held abroad;
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(A) For the purpose of facilitating meetings between the United States Government and the family members of United States nationals unlawfully or wrongfully detained abroad, the Secretary shall provide financial assistance to cover the costs of travel to and from Washington, D.C., including travel by air, train, bus, or other transit as appropriate, to any individual who—(i) is—(I) a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or(II) an appropriate individual who—(aa) is approved by the Special Presidential Envoy for Hostage Affairs; and(bb) does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national;(ii) has a permanent address that is more than 50 miles from Washington, D.C.; and(iii) requests such assistance.
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(I) a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or
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(bb) does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national;
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(i) For each such United States national unlawfully or wrongfully detained abroad, the financial assistance described in subparagraph (A) shall be provided for not more than 2 trips per fiscal year, unless the Special Presidential Envoy for Hostage Affairs determines that a third trip is warranted.
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(C) If other United States Government assistance is unavailable, the Secretary may provide to a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a), United States assistance, as necessary, for return travel to the United States upon release of such United States national.
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(i) any United States national unlawfully or wrongfully detained abroad; and
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(ii) any family member of such United States national.
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(i) For any support described in subparagraph (A) for an individual described in clause (i) or (ii) of such subparagraph that commences following the return of a United States national who was unlawfully or wrongfully detained abroad, such support shall be made available for up to 5 years from the date on which any individual identified in subparagraph (A) chooses to avail themselves of the support described in that subparagraph, unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant extending such support.
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(ii) The time limitation under clause (i) does not apply to any support provided during the pendency of the detention of a United States national unlawfully or wrongfully detained abroad.
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(C) the number and location of visits outside of Washington, D.C., during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family members of each United States national unlawfully or wrongfully detained abroad.
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(A) Not less frequently than every 180 days, the Assistant Secretary for the Bureau of Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall review the cases where there is potential credible information that any United States national is being detained wrongfully and which has been identified through official government channels to both bureaus.
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(B) Not later than 30 days after each review under subparagraph (A), the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall jointly submit to Congress a classified report identifying the United States nationals identified as a result of the review in subparagraph (A) detained overseas who have not, as of the date of the report, been determined by the Secretary to be unlawfully or wrongfully detained.
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(C) In the case of a United States national detained overseas identified in the report under subparagraph (B), the Assistant Secretary of State for Consular Affairs shall notify a family member (as that term is defined in subsection (d)(8)) or the legal representative of the United States national not later than 30 days after the transmittal of the report required by subparagraph (B).
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(A) Except as provided in subparagraph (B) and to the extent practicable, not later than 180 days after the date on which the Secretary of State receives an assessment from the Special Presidential Envoy for Hostage Affairs or the head of any other relevant bureau of the Department of State that credible information exists that a United States national is being detained unlawfully or wrongfully, the Secretary shall determine whether the United States national is in fact being unlawfully or wrongfully detained.
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(I) determines that making such a determination may jeopardize the safety or interests of the United States national being detained abroad or the national security interests of the United States; and
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(f) Upon the release of a United States national determined to be unlawfully or wrongfully detained abroad and the return of that national, the President shall issue to that national a letter, to be known as a “declaration of invalidity”, that officially declares the detention abroad of the national as invalid for the purpose of completing any documentation that warrants a background investigation or review of prior offenses, such as a conviction.
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(3) in coordination with the Hostage Recovery Fusion Cell as appropriate, coordinate diplomatic engagements regarding cases in which a foreign government has detained a United States national and the United States Government regards such detention as unlawful or wrongful;
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(5) ensure that families of United States nationals unlawfully or wrongly detained abroad receive updated information about developments in cases and government policy.
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(1) for a United States national unlawfully or wrongfully detained abroad, that—(A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion;(B) such family member receives consistent and accurate information from the United States Government; and(C) appropriate coordination with the Family Engagement Coordinator described in section 1741b(c)(2) of this title; and
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(A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion;
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(2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 1741b(c)(2) of this title.
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(B) if directed, perform the same function as set out in subparagraph (A) with regard to the family of a United States national who is unlawfully or wrongfully detained abroad; and
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(1) coordinate efforts by participating agencies to ensure that all relevant information, expertise, and resources are brought to bear to secure the safe recovery of United States nationals held hostage abroad;
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(3) if directed, coordinate or assist the United States Government’s response to help secure the release of United States nationals unlawfully or wrongfully detained abroad; and
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(C) assess and track all hostage-takings of United States nationals abroad and provide regular reports to the President and Congress on the status of such cases and any measures being taken toward the hostages’ safe recovery;
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(F) make recommendations to agencies in order to reduce the likelihood of United States nationals’ being taken hostage abroad and enhance United States Government preparation to maximize the probability of a favorable outcome following a hostage-taking; and
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(a) The President shall establish a Hostage Response Group, chaired by a designated member of the National Security Council or the Deputies Committee of the National Security Council, to be convened on a regular basis, to further the safe recovery of United States nationals held hostage abroad or unlawfully or wrongfully detained abroad, and to be tasked with coordinating the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
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(3) receive regular updates from the Hostage Recovery Fusion Cell and the Special Envoy for Hostage Affairs on the status of United States nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken to effect safe recoveries;
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(5) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate or assist in the safe recovery of United States nationals unlawfully or wrongfully detained abroad; and
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Not later than 60 days after December 23, 2024, the Special Presidential Envoy for Hostage Affairs, in coordination with the Hostage Recovery Fusion Cell, the Hostage Response Group, and relevant agencies, as appropriate, shall submit to the President and Congress a classified report that identifies and recommends options and strategies to reduce the likelihood of United States nationals being unlawfully or wrongfully detained abroad or taken hostage.
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(1) The Secretary of State shall, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary, and in consultation with the Special Presidential Envoy for Hostage Affairs and the Assistant Secretary of State for Consular Affairs, develop messaging and informational guidance to be delivered at all United States international airports and on relevant United States Government websites warning United States nationals of the risks of wrongful or unlawful detention or hostage-taking in covered countries.
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(C) verbal warnings at United States international airports to United States nationals whose destinations, to the extent they are discernable, are covered countries; and
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(b) The Secretary of State shall, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary, and in consultation with the Special Presidential Envoy for Hostage Affairs and Assistant Secretary of the Bureau of Consular Affairs, work with United States airlines to provide warnings about the risk of wrongful or unlawful detention and hostage-taking to United States nationals booking travel through their airlines to a covered country.
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(1) the additional steps taken to warn United States nationals of the risks of wrongful or unlawful detention and hostage-taking abroad, including those described in this section;
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(2) efforts to improve the visibility and expand the reach of Department of State travel advisories concerning the risks to United States nationals of wrongful or unlawful detention and hostage-taking abroad; and
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(3) additional recommendations on steps the United States Government might take to improve the awareness of United States nationals of the risk of wrongful or unlawful detention and hostage-taking abroad.
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(1) is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or
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(a) 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.
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(1) The unlawful or wrongful detention of a United States national occurs in the foreign country.
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(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.
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(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.
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(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.
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(1) has released the United States nationals unlawfully or wrongfully detained within the territory of the foreign country;
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(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;
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(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.
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(ii) any engagement with private companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of United States nationals.
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(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.
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(A) Not 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).
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(d) 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) 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—(C) section 2780(d) of this title; or(D) any other provision of law.
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(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.