China’s new entry-exit regulations take effect: expanded enforcement discretion raises concerns

(Deutsche Welle Chinese website) On Tuesday (September 15), China’s new entry and exit regulations came into effect. The new regulations were announced in July and immediately caused a lot of controversy. The official China Internet Joint Rumor Refuting Platform issued a refutation of the rumors on September 10, saying that some Western media were worried about China's move toward isolation and that this was a misunderstanding of the regulations.

According to this official refutation of rumors, the "Regulations" were introduced to target "in practice, problems such as people being deceived and leaving the country or illegally leaving the country under false pretenses to engage in cross-border gambling, telecommunications and network fraud and other illegal activities, seriously endangering the safety of people's lives and property, or illegally transferring technology overseas after leaving the country in violation of regulations, endangering national industrial security, technological security and other issues."

According to the official refutation of the rumors, normal outbound activities of ordinary people such as traveling, visiting relatives, doing business, studying abroad, etc. will not be affected.

Taiwan Mainland Affairs Council: Taiwanese businessmen and scientific and technological talents are “high risk”

However, Shen Youzhong, deputy chairman of Taiwan's Mainland Affairs Council, warned the CCP on September 14 that the new regulations would expand law enforcement discretion and may put Taiwanese businessmen and scientific and technological talents at high risk of being "restricted from leaving the country."

Shen Youzhong said that because the Chinese Communist Party’s legal system treats Taiwanese people as Chinese citizens, it does not rule out restricting Taiwanese people from entering and exiting mainland China.

He pointed out that Article 3 of the new entry-exit regulations stipulates that when verifying the identity and purpose of application for entry and exit personnel, immigration management agencies and visa authorities can inquire about relevant information and require the production of relevant documents, materials, electronic data and other information, and the personnel must cooperate; Article 4 stipulates that those who violate export control, technology import and export management and other regulations and may endanger industry and technological security may not be allowed to leave the country; Article 6 further stipulates that if it affects national security or investigation, etc., the parties may not be informed of the facts, reasons, basis and relief channels for not being allowed to leave the country.

Shen Youzhong emphasized that these regulations strengthen the CCP’s information monitoring and administrative discretion over entry and exit personnel, and invisibly give front-line law enforcement officers at the border great flexibility in law enforcement and room for arbitrary interpretation. In particular, with the addition of "export control" and "technology import and export management" restrictions on leaving the country, Mainland and Taiwanese businessmen and employees in the technology industry and semiconductors are all high-risk groups. They may be unilaterally determined to "may endanger national interests" without their knowledge and be prevented from returning to Taiwan. This will bring uncertainty to information security, business security, and even personal safety.

Shen Youzhong also said that in response to the CCP's subsequent high-level transition and the need to maintain internal stability, it will continue to consolidate power through legal means, and the "new entry and exit regulations" are only one part of it. The Ministry of Public Security's "Regulations on Cyberspace Security Supervision and Inspection of Public Security Organs" and other information and communications regulatory regulations will also be implemented. Public security can check and detect personal devices, so more attention is required.

Min Xin’s case

Analysts also pointed out that the new regulations provide "broad discretion."

Chong Jiaying of the National University of Singapore told AFP that security and criminal activities "can be vaguely defined". “The outside world may not know exactly how it works until specific examples are implemented after the new regulations are implemented.”

Zhuang Jiaying cited the recent example of some foreign citizens being banned from leaving the country, including U.S. citizen Min Zin.

The U.S. government said the Myanmar expert was wrongly detained by China in Yunnan on June 3.

Zhuang Jiaying said: "Min Xin's case reminds us that the scope of people restricted from leaving the country may be quite broad and potentially arbitrary."

According to the new regulations, if a foreigner provides false materials or makes false statements when applying for a Chinese visa abroad or applying for entry at a port, the immigration management agency and visa authority may decide not to allow him or her entry within one to five years.

Reuters reported that senior Chinese government officials and corporate executives who have access to confidential information have been restricted from leaving the country for a long time. In 2023, Reuters also reported that restrictions on the overseas travel of Chinese civil servants and employees of state-owned enterprises were tightened.