Overview
A nightmare scenario for business professionals on international trips is arrest or detention based on politically motivated, trumped-up charges. Trapped in a political web, American detainees and their families are often powerless to challenge the detention order and arrange release or permission to depart the foreign country. The American Embassy, or the embassy of protecting power in countries with which the US does not have diplomatic relations, provides support to detained Americans, but negotiating release is complicated and can take years for wrongful detentions.
On September 8, President Trump signed an executive order that grants new authorities to the State Department to counter coercive tactics of wrongful detention by foreign governments. The purpose is to create leverage to expedite the release of Americans and deter the growing practice of holding Americans captive to seek political gains.
Designating State Sponsors of Wrongful Detention
The new executive order will enable the State Department to impose sanctions on countries by creating a “state sponsor of wrongful detention” designation. The designation could lead to economic sanctions, US visa bans for nationals of the designated country, restrictions on foreign assistance and imposition of export controls for US goods and services. The executive order also applies to non-state actors controlling significant territory, even if not recognized as governments.
The State Department could also impose geographic travel restrictions on where a US passport can be used in order to stop travel to high-risk jurisdictions. The US currently has “Level 4: Do not travel” warnings for 21 countries, with wrongful detention risks identified for Afghanistan, Iran, North Korea, Russia and Venezuela. These are merely warnings against travel; under the new authorities, the US government can make it illegal for Americans to travel on their US passport to designated countries.
Bringing Home Detained Citizens
Having citizens held as political hostages is not a new problem. While the US does not publicize the number of Americans detained abroad, for privacy, policy and security reasons, the Foley Foundation reported that at the end of 2024, at least 36 Americans were wrongfully detained or held hostage in 15 countries. The average time they have been held is 5.9 years, with detention spanning just under two months to over 22 years. The countries included Iran, Russia, China, Venezuela, Afghanistan and Egypt, in addition to the Palestinian territories held by Hamas.
There were 17 releases in 2024, the majority as a result of prisoner exchanges. Difficult to structure, prisoner exchanges take time, intense diplomatic engagement and ripe political conditions. The August 1, 2024, prisoner exchange that brought home four Americans detained in Russia (Paul Whelan, Vladimir Kara-Murza, Evan Gershkovich, and Alsu Kurmasheva) involved six countries with a total of 24 people released, with negotiations spanning at least 13 months.
The new executive order can create added leverage in negotiating prisoner exchanges or decisions to unilaterally release detainees by imposing broad costs against countries or groups holding Americans and third-country nationals in cases where the US has a national interest. The executive order also contains language for lifting these sanctions upon the release of detained Americans.
Americans are not the only targets of politically motivated detentions. According to media reports, there are about 20 Europeans detained in Iran. The French government is currently “close” to arranging a prisoner exchange that will release two French citizens who have been held in Iran since May 2022, only recently charged with espionage. There are at least two German citizens and two French citizens detained in Russia for charges including espionage and sabotage.
The Trump administration has made bringing home wrongfully detained citizens a priority. Since taking office this year, the administration has reported that it has brought home 72 Americans detained overseas. The State Department advises that most Americans arrested overseas are linked to legitimate law enforcement and judicial processes. US embassies provide them with consular services but normally allow the local judicial systems to determine guilt and sentencing.
The executive order pertains to a small percentage of detainees, around 1%, who the US government assesses as wrongfully detained. The 2020 Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act defines criteria for wrongful detention cases, including whether a person is being held solely or substantially because he or she is an American citizen; whether the individual is being detained to influence US policy or to secure economic or political concessions from the US government; whether the person being held is in violation of the foreign country's own laws; and whether the judicial system is not independent or impartial sufficiently to render the detention arbitrary.
The executive order cites a multitude of authorities, including the 2020 Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, the International Emergency Economic Powers Act, and Immigration and Nationality Act, and for imposing geographic travel restrictions, under Executive Order 11295 of August 5, 1966 (Rules Governing the Granting, Issuing, and Verifying of United States Passports).
Managing Travel Risks
Travelers should respect and know the laws of their destination. Many countries have harsh penalties for illegal drug importation and use, even for products that are legal in the US, such as medical marijuana. Some countries have more obscure laws, such as importing a satellite phone without a permit (India, China and Russia). Taking photos of government facilities in some countries can result in arrest and espionage charges. Posting anti-government content on social media can lead to arrest in countries with restrictions on free speech.
Travelers can mitigate risks by following guidance issued in the State Department's country-specific travel warnings and travel information on local laws and customs. Travelers should consider enrolling in the Smart Traveler Enrollment Program (STEP) to allow the US government to contact next of kin in case of an emergency or arrest. The US embassy is also a resource on how to seek legal assistance if arrested or banned from leaving a country.
The odds of being wrongfully detained are significantly higher for Americans in certain countries, such as Russia, Iran and North Korea, because of the adversarial political relationship. Sometimes, however, simmering trade disputes can erupt quickly, resulting in the arrest of business travelers, such as in Mali in 2024. Being subject to an exit ban does not fall within the definition of wrongful detention, however, and business travelers trapped in countries, such as China, cannot depend on the US using the new authorities of the executive order to pressure for exit permission.
In short, situation awareness can help inform decision-making and mitigate risks when traveling to higher-risk destinations. While the US government will assist to varying degrees, depending upon the specific circumstances, there is no get out of jail free card for Americans.
