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Strengthening Efforts To Protect U.s. Nationals From Wrongful Detention Abroad
The order creates a “State Sponsor of Wrongful Detention” designation for foreign governments that wrongfully detain Americans.
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The designation gives the United States a framework to punish and deter governments that use Americans as political leverage, including through sanctions, travel limits, aid restrictions, and export controls.
What the order does
- Authorizes the Secretary of State to designate countries whose governments conduct, support, or fail to resolve wrongful detentions of U.S. nationals.
- Directs the Secretary of State to consider sanctions, visa ineligibility, passport restrictions, foreign-assistance limits, and export restrictions against designated countries.
- Allows designations to cover entities controlling most or all of a country’s territory, even if the United States does not recognize them as its government.
- Allows the Secretary of State to remove a designation after detainees are released, relevant policies or leadership change, and credible assurances are provided, or at the President’s direction.
- Clarifies that designation of a country does not mean every American detained there has been wrongfully detained.
Who it affects
- U.S. nationals detained or traveling abroad.
- Foreign governments and territorial authorities involved in wrongful detention.
- Foreign officials and other persons who may face sanctions or U.S. entry restrictions.
- Governments and businesses affected by U.S. aid or export limits.