Summary
In 2018, the U.S. Department of State introduced the Travel Advisory system, wherein every country around the world received labeling providing tiered levels of advice; the higher the level (1-4), the higher the risk. Travel Advisories at Levels 2-4 have clear reasons for the level assigned, identified via standardized risk indicators. The body of each Travel Advisory contains more information about the nature of these risks, as well as specific advice for those who choose to travel there. The Department has now added a new indicator, “D,” which denotes the risk of wrongful detention.
A New Indicator
The definition of wrongful detention refers only to cases where the Secretary of State has determined that a foreign government’s detention of a U.S. national is wrongful. The Levinson Act of 2020 codified the U.S. Government’s process for determining wrongful detentions of U.S. nationals abroad. Wrongful detention, including the practice of using individuals as political bargaining chips, represents a threat to the safety of all U.S. citizens traveling, working, and living abroad, including those affiliated with U.S. private-sector organizations.
To communicate the risk of wrongful detention to those traveling or living overseas more clearly, the Bureau of Consular Affairs on July 19 added a “D” indicator to the current set of Travel Advisory risk indicators. The “D” indicator joins indicators for important security issues such as terrorism (“T”) and crime (“C”); six countries are identified as places where wrongful detention is of particular concern. The Department of State is making this change to highlight the elevated risk of wrongful detention in particular countries that have engaged in this practice. By adding the D indicator to the current set of risk indicators, the State Department intends to help improve the traveling public’s understanding of the risk, and ensure that critical information about wrongful detention is a prominent part of all travel-security decision-making.
Formulation of Travel Advisories
Travel Advisories are based on conditions in a country that could pose risks to the safety and security of U.S. citizens. Travel Advisories also consider decisions made to protect the security of U.S. government personnel overseas, and ensure that U.S. citizens receive appropriate security information. This analysis is undertaken without regard to bilateral political or economic considerations. OSAC’s audience differs slightly from that of the Department as a whole, since our mission is to inform U.S. private-sector organizations, whose personnel often hold foreign citizenships. Regardless of citizenship, Travel Advisories and corresponding indicators should play a crucial role in determining the security posture for any organization operating abroad, and for its personnel traveling or living abroad.
Countries where the “D” indicator is now applied are as follows: Burma (Myanmar), the People’s Republic of China, Iran, North Korea, Russia, and Venezuela. For most of these countries, the Travel Advisories and country information on the Department of State’s Travel webpage had already mentioned a risk of serious or ongoing issue of foreign governments complicit in the wrongful detention of U.S. nationals. The “D” risk indicator makes it easier to see when there is a risk of wrongful detention to U.S. citizens traveling or living overseas by highlighting it at the top of the Travel Advisory page.
Wrongful Detention vs. Kidnapping or Hostage-Taking
Wrongful detentions are characterized by the totality of the circumstances surrounding the detention of a U.S. national abroad. As an example, foreign governments may use wrongful detention to try to gain political leverage or concessions from the U.S. government, or from a private-sector operator. This new indicator expresses an important difference from the previous Travel Advisory “K” indicator. Whereas the “K” indicator warns of the risk of kidnapping and/or hostage-taking by non-state actors, the “D” indicator warns of the risk of wrongful detention by a foreign government.
In assigning a “D” indicator, the Department of State is working directly with experts to review many sources of information about the risk of wrongful detention. That includes personnel at U.S. consulates and embassies abroad, U.S. government security and intelligence experts, other federal government agencies, and partner governments. The main data point in this assessment is whether the Secretary of State has determined a detention to be wrongful in that country.
Private-sector security managers with questions about the nature and location of identified risks in a Travel Advisory should contact the OSAC Analyst that covers the country/location of concern. OSAC has previously written analysis on the topic of unlawful detention affecting the private sector abroad, including in the following reports:
The opinions expressed here do not necessarily reflect those of the U.S. Department of State or any affiliated organization(s). Nor have these opinions been approved or sanctioned by these organizations. This product is unclassified based on the definitions in E.O. 13526. OSAC’s full disclaimer and copyright policy is available on our site at OSAC.gov/About/Disclaimer.
