China Tightens Exit Restrictions
China implemented new border control rules on Tuesday, under which citizens may be barred from leaving the country if they engage in illegal activities that endanger national or industrial security.
The rules, part of a comprehensive overhaul of border regulations, reflect growing government concerns over technology exports amid intensifying competition with the United States in artificial intelligence and other emerging fields. The preamble to the regulation states that it was designed to safeguard national sovereignty, security, and developmental interests.
Citizens who engage in illegal or criminal activities abroad that threaten national security may be prohibited from re-entering China for a period of six months to three years from the date of their return. Similarly, the regulation stipulates that citizens who violate technology export or import rules may be barred from leaving the country if such actions endanger industrial or technological security.
The regulations also allow authorities to withhold notification from affected individuals if doing so could compromise national security or hinder a criminal investigation.
Experts have expressed concern that the rules could grant officials broad discretionary power to determine which activities and individuals fall under their purview, given the broad use of terms such as “national interests” and “technological security.”
Mark Gia, a law professor at Georgetown University, said, “Given the current breadth of the definition of national security, one could easily find oneself subject to a travel ban even without the basic procedural safeguards promised in the text.”
In a memo issued shortly after the rules were announced about six weeks ago, consulting firm Trellium noted, “The new regulations are another indicator of China’s seriousness in preventing the transfer of key technologies.”
In an unexpected move, China banned tech giant Meta from acquiring emerging AI company Manus in April, after the deal reportedly raised government concerns over the transfer of advanced technology. Manus is a Singapore-based company with Chinese roots.
The new border rules also include a provision that can bar foreigners from entering China for one to five years if they provide false information in a visa application or at a port of entry.
