Travelers to China be warned: The Chinese Communist Party (CCP) just doubled down on regulations that could subject innocent travelers and citizens to exit bans or detention. China’s new entry and exit regulations expand immigration officials’ power to halt travelers and allow the state to impose exit bans for broadly defined “national security” concerns. Of course, these regulations are not the first to permit exit bans. Rather, they formalize and complement a sprawling web of legislation in China that permits the CCP to restrict the movement of citizens and visitors alike on the basis of vague political or national security interests.
[…]
Because Chinese laws such as the Criminal Code, the Counter-Espionage Law, the Law on the Protection of State Secrets, and the Ethnic Unity and Progress Law provide only vague definitions of terms like “espionage” or “state security,” CCP officials have wide discretion in categorizing innocent behaviors as criminal or otherwise banning them. Take, for example, the recent detention of American academic Min Zin, who traveled to China “at the invitation of the Chinese government,” according to the US State Department, to attend a conference. Zin’s family stopped hearing from him shortly after he arrived on June 3, and later discovered that he had been detained on vague accusations of engaging in “espionage,” with Chinese officials claiming he posed a “national security” threat. Although Zin has not been formally arrested or charged, the CCP is reportedly holding him in a windowless, constantly lit room and subjecting him to long interrogations.
[…]
A new report, Risks Beyond Wrongdoing: Traveling to China, also warns, travelers may face an exit ban not because they are accused of wrongdoing, but because restricting them creates leverage over another person, an investigation, or a foreign government. US government guidance warns that relatives of people under investigation — including minors — may themselves be prevented from leaving.
For example, Gao Zhen, a lawful US resident, was detained in China during a holiday trip, and his son, a US citizen, was also unable to leave due to an effective travel ban on Gao’s wife. Therefore, travel risk cannot be assessed solely by examining the traveler’s own conduct. Relatives and close associates of human rights defenders, dissidents, people sought by the Chinese government, or individuals involved in politically sensitive proceedings may have a higher risk exposure than ordinary travelers.
[…]
Travelers should not assume they are safe from the CCP. China’s web of laws can ensnare nearly anyone, and most travelers do not discover they are subject to an exit ban until they arrive at the airport. In a national context that represses ethnic groups and silences dissent, innocent activities like conducting research, working as a journalist, or simply posting to social media could be categorized as criminal. Individuals who have relatives that the CCP deems a threat may be at higher risk, along with those who previously held Chinese citizenship. The CCP does not recognize dual citizenship, so the state could choose to deny consular access or other rights afforded to foreign nationals.
[…]