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International Terrorism: American Hostages [1995 Policy]

U.S. Government Policy

The U.S. Government will make no concessions to terrorists holding
official or private U.S. citizens hostage.  It will not pay ransom,
release prisoners, change its policies, or agree to other acts that
might encourage additional terrorism.  At the same time, the United
States will use every appropriate resource to gain the safe return of
American citizens who are held hostage by terrorists.  Hostage-taking is
defined under international law (International Convention Against the
Taking of Hostages, adopted December 17, 1979) as the seizing or
detaining and threatening to kill, injure, or continue to detain a
person in order to compel a third party to do or abstain from doing any
act as an explicit or implicit condition for the release of the seized
or detained person.

International Terrorism: American Hostages [2002 Policy]

U.S. Government Policy

The U.S. Government will make no concessions to individuals or groups holding official or private U.S. citizens hostage.  The United States will use every appropriate resource to gain the safe return of American citizens who are held hostage.  At the same time, it is U.S. Government policy to deny hostage takers the benefits of ransom, prisoner releases, policy changes, or other acts of concession.

It is internationally accepted that governments are responsible for the
safety and welfare of persons within their borders.  Aware of both the
terrorist threat and public safety shortcomings in many parts of the
world, the United States has developed enhanced physical and personal
security programs for U.S. personnel and has established cooperative
arrangements with the U.S. private sector.  It also has established
bilateral counter-terrorism assistance programs and close intelligence
and law enforcement relationships with many nations to help prevent
terrorist incidents or to resolve them in a manner that will deny the
perpetrators benefits from their actions. 

The United States also seeks effective judicial prosecution and
punishment for terrorists and criminals victimizing the U.S. Government
or its citizens and will use all legal methods to these ends, including
extradition.  U.S. policy and goals are clear, and the U.S. Government
actively pursues them alone and in cooperation with other governments.

It is internationally accepted that governments are responsible for the safety and welfare of persons within the borders of their nations.  Aware of both the hostage threat and public security shortcomings in many parts of the world, the United States has developed enhanced physical and personal security programs for U.S. personnel and established cooperative arrangements with the U.S. private sector.  It has also established bilateral assistance programs and close intelligence and law enforcement relationships with many nations to prevent hostage-taking incidents or resolve them in a manner that will deny the perpetrators benefits from their actions.  The United States also seeks effective judicial prosecution and punishment for hostage takers victimizing the U.S. Government or its citizens and will use all legal methods to these ends, including extradition.  U.S. policy and goals are clear, and the U.S. Government actively pursues them alone and in cooperation with other governments.

U.S. Government Responsibilities When Private U.S. Citizens Are Taken Hostage

The U.S. Government believes that paying ransom or making other
concessions to terrorists in exchange for the release of hostages
increases the danger that others will be taken.  Its policy therefore
rejects all demands for ransom, prisoner exchanges, and deals with
terrorists in exchange for the release of hostages.  At the same time, it
will make every effort, including contact with representatives of the
captors, to obtain the release of the hostages.

The United States strongly urges American companies and private citizens
not to pay ransom.  It believes that good security practices, relatively
modest security expenditures, and continual close cooperation with
embassy and local authorities can lower the risk to Americans living in
high-threat environments.

The U.S. Government is concerned for the welfare of its citizens but
cannot support requests that host governments violate their own laws or
abdicate their normal law enforcement responsibilities.  On the other
hand, if the employing organization or company works closely with local
authorities and follows U.S. policy, U.S. Foreign Service posts can
actively pursue efforts to bring the incident to a safe conclusion.  This
includes providing reasonable administrative services and, if desired by
the local authorities and the American organization, full participation
in strategy sessions.  Requests for U.S. Government technical assistance
or expertise will be considered on a case-by-case basis.  The full extent
of U.S. Government participation must await an analysis of each specific
set of circumstances.

If a U.S. private organization or company seeks release of hostages by
paying ransom or pressuring the host government for political
concessions, U.S. Foreign Service posts will limit their participation
to basic administrative services, such as facilitating contacts with
host government officials.  The host government and the U.S. private
organization or citizen must understand that if they wish to follow a
hostage resolution path different from that of U.S. Government policy,
they do so without its approval or cooperation.  The U.S. Government
cannot participate in developing and implementing a ransom strategy. 
However, U.S. Foreign Service posts may maintain a discreet contact with
the parties to keep abreast of developments.

Based upon past experience, the U.S. Government concluded that making concessions that benefit hostage takers in exchange for the release of hostages increased the danger that others will be taken hostage.  U.S. Government policy is, therefore, to deny hostage takers the benefits of ransom, prisoner releases, policy changes, or other acts of concession.

At the same time, the U.S. Government will make every effort, including contact with representatives of the captors, to obtain the release of hostages without making concessions to the hostage takers.

Consequently, the United States strongly urges American companies and private citizens not to accede to hostage-taker demands.  It believes that good security practices, relatively modest security expenditures, and continual close cooperation with embassy and local authorities can lower the risk to Americans living in high-threat environments.

The U.S. Government is concerned for the welfare of its citizens but cannot support requests that host governments violate their own laws or abdicate their normal enforcement responsibilities.

If the employing organization or company works closely with local authorities and follows U.S. policy, U.S. Foreign Service posts can be involved actively in efforts to bring the incident to a safe conclusion.  This includes providing reasonable administrative services and, if desired by local authorities and the American entity, full participation in strategy sessions.  Requests for U.S. Government technical assistance or expertise will be considered on a case-by-case basis.  The full extent of U.S. Government participation must await an analysis of each specific set of circumstances.

The host government and the U.S. private organizations or citizen must understand that if they wish to follow a hostage resolution path different from that of U.S. Government policy, they do so without U.S. Government approval.  In the event a hostage-taking incident is resolved through concessions, U.S. policy remains steadfastly to pursue investigation leading to the apprehension and prosecution of hostage takers who victimize U.S. citizens.

Under current U.S. law 18 USC 1203 (Act for the Prevention and
Punishment of the Crime of Hostage-Taking, enacted October 1984 in
implementation of the UN Convention on Hostage-Taking), seizure of a
U.S. national as a hostage anywhere in the world is a crime, as is any
hostage-taking action in which the U.S. Government is a target or the
hostage-taker is a U.S. national.  Such acts, therefore, are subject to
investigation by the Federal Bureau of Investigation and to prosecution
by U.S. authorities.  Actions by private persons or entities that have
the effect of aiding and abetting the hostage-taking, concealing
knowledge of it from the authorities, or obstructing its investigation,
may themselves be in violation of U.S. law.

Under current U.S. law, 18 USC 1203 (Act for the Prevention and Punishment of the Crime of Hostage-Taking, enacted October 1984 in implementation of the UN convention on hostage-taking), seizure of a U.S. citizen as a hostage anywhere in the world is a crime, as is any hostage-taking action in which the U.S. Government is a target or the hostage taker is a U.S. national.  Such acts are, therefore, subject to investigation by the Federal Bureau of Investigation and to prosecution by U.S. authorities.  Actions by private persons or entities that have the effect of aiding or abetting the hostage taking, concealing knowledge of it from the authorities, or obstructing its investigation may themselves be in violation of U.S. law.