Strengthening Efforts To Protect U.S. Nationals From Wrongful Detention Abroad
Signed September 5, 2025·Donald Trump·90 FR 43895
Source
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Plain-language summary
Authorizes the Secretary of State to designate a foreign country as a 'State Sponsor of Wrongful Detention' if its government engages in, supports, or fails to remedy the wrongful detention of a U.S. national, or shows a pattern of unjust detention of foreign nationals in cases of U.S. interest. Once a country is designated, the Secretary of State must review available authorities and may impose responses such as sanctions under the International Emergency Economic Powers Act, visa and immigration restrictions, passport travel bans to the country, cuts to foreign assistance, and export restrictions on arms and controlled goods. The Secretary may end a designation if the country releases detainees, changes relevant policies, and gives credible assurances, or at the President's discretion. The order defines key terms including 'wrongful detention' and 'U.S. national,' extends its provisions to entities controlling a country's territory even without recognized government status, and states it does not create enforceable legal rights or affect existing investigative or intelligence activities.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.) (Levinson Act), it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
See: EO 11295, August 5, 1966
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 14348 of September 5, 2025
Strengthening Efforts To Protect U.S. Nationals
From Wrongful Detention Abroad
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Robert Levinson Hostage Recovery
and Hostage-Taking Accountability Act (22 U.S.C. 1741
et seq.) (Levinson Act), it is hereby ordered:
Section 1. Purpose. The United States must strengthen
efforts to protect U.S. nationals from wrongful
detention abroad. The United States Government is
committed to using every tool available to curb this
coercive tactic used by foreign adversaries and must
hold such adversaries to account. No American should
fear being taken as a political pawn by rogue states.
Wrongful detentions are an affront to the rule of law
and aim to undermine our leadership on the world stage.
The United States will not tolerate these attacks on
our sovereignty and U.S. nationals.
Sec. 2. Designation. The Secretary of State may
designate any foreign country the government of which
directly engages in or provides support for the
wrongful detention of a U.S. national as a State
Sponsor of Wrongful Detention based on one or more of
the following criteria:
(a) the wrongful detention of a U.S. national
occurs in the foreign country;
(b) the government of the foreign country has
failed to release a wrongfully detained U.S. national
after having been notified by the United States that
the detention has been determined wrongful by the
Secretary of State; or
(c) actions taken by the government of the foreign
country indicate, based on the totality of the
circumstances:
(i) that the government is responsible for, complicit in, or materially
supports the wrongful detention of a U.S. national; or
(ii) a pattern in which the government is responsible for, complicit in, or
materially supports the unjust or unlawful detention of third country
nationals in which cases the United States has a national interest, using
criteria similar to those used by the Department of State in wrongful
detention determinations.
Sec. 3. Responses. Upon designation of a foreign
country as a State Sponsor of Wrongful Detention under
section 2 of this order, the Secretary of State shall
review existing authorities to respond to and deter the
actions of a government of a foreign country as
outlined in section 2 of this order and take steps to
implement the following actions, as appropriate and to
the extent consistent with law, including the Levinson
Act, including:
(a) imposing sanctions available under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.);
(b) making designations 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), as carried
forward by the Full-Year Continuing Appropriations Act,
2025 (division A of Public Law 119-4), or similar
provisions in subsequent acts;
(c) applying inadmissibility available under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
and, as appropriate, coordinating with the Department
of Homeland Security on the enforcement thereof;
(d) imposing geographic travel restrictions
prohibiting the use of a United States passport for
travel to or through the designated country under 22
U.S.C. 211a, Executive Order 11295 of August 5, 1966
(Rules Governing the Granting, Issuing, and Verifying
of United States Passports), and 22 CFR 51.63(a)(3);
(e) restricting 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
Federal law; and
(f) restricting 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.
Sec. 4. Termination of Designation. The Secretary of
State may terminate the designation of a foreign
country under section 2 of this order based on:
(a) a determination by the Secretary of State that
the government of the foreign country:
(i) has released the U.S. nationals wrongfully detained within the
territory of the foreign country;
(ii) has demonstrated changes in leadership or policies with respect to
wrongful detention; and
(iii) has provided credible assurances that the government of the foreign
country will not engage or be complicit in or support acts described in
section 2 of this order; or
(b) the discretion and direction of the President.
Sec. 5. Definitions. For the purposes of this order:
(a) the term “government” includes the government
of a country; any political subdivision, agency, or
instrumentality thereof; any person owned or
controlled, directly or indirectly, by the foregoing;
and any person who has acted or purported to act
directly or indirectly for or on behalf of, any of the
foregoing;
(b) the term “person” refers to an individual or
entity;
(c) the term “entity” refers to a government or
instrumentality of such government, partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(d) the term “wrongful detention” refers to the
detention of a U.S. national the Secretary of State has
determined to be unlawful or wrongful pursuant to the
Levinson Act; and
(e) the term “U.S. national” has the same meaning
as “United States national” given in 22 U.S.C.
1741e(2).
Sec. 6. Other Detaining Entities. To the extent
permitted by applicable law, the provisions of this
order referring to a foreign government shall also
apply to an entity exercising control over most or all
of the territory of a country, regardless of whether
such entity has been recognized as the government of
such country.
Sec. 7. Rule of Construction. This order shall not be
construed to impair or otherwise affect any lawfully
authorized investigative, protective, information
security, or intelligence activity of an officer,
agent, or employee of the United States, or any person
undertaking such activity or activities pursuant to a
contract with the United States. Further, nothing in
this order shall be construed to imply that every U.S.
national detained in a foreign country designated under
section 2 of this order should be or has been
determined to be wrongfully detained under the Levinson
Act.
Sec. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(d) The costs for publication of this order shall
be borne by the Department of State.
(Presidential Sig.)
THE WHITE HOUSE,
September 5, 2025.Reproduced from the Federal Register plain-text record, signed September 5, 2025. Typesetting artifacts are removed; no wording is changed.