China - Level 2: Exercise Increased Caution

in mainland China due to the arbitrary enforcement of local laws, the use of exit bans without a fair and transparent process under the law, and the risk of wrongful detention.  Some areas have specific risks.

Read the entire Travel Advisory.

See also: Macau and Hong Kong.

National security laws

Expansive national security, counterespionage, and data security laws grant Chinese officials broad discretion to detain or interrogate foreign nationals.  This places U.S. citizens at risk for conducting even routine business, research, or expression in the public domain.  

The following may be targeted by Chinese authorities: 

• U.S. citizens of Chinese heritage or origin
• Anyone involved in business disputes or who has ties to U.S. corporate entities involved in business disputes in China
• Anyone with a current or prior affiliation with U.S. law enforcement, U.S. military, or U.S. intelligence agencies
• Anyone traveling on U.S. government-funded programs
• Individuals with current or former connections to the U.S. government 

Ability to provide emergency consular services in some regions, especially in the Tibet Autonomous Region, is severely limited.  

U.S. government employees must follow the policies established by their Department or Agency regarding official or personal travel to China.  

See also: Macau and Hong Kong.

Arbitrary enforcement of local laws

The government of China arbitrarily enforces local laws.  It may issue exit bans on U.S. citizens and citizens of other countries without fair and transparent processes under the law.

Chinese law includes an expansive definition of national security and grants Chinese officials with broad discretion to portray a wide range of documents, data, statistics, or materials as “state secrets,” including retroactively.

These laws and other regulations may place foreign nationals at risk for conducting routine research or handling data that is publicly or commercially available to Chinese nationals.  U.S. citizens in China may face detention without information about their alleged crimes or access to U.S. consular services.  U.S. citizens in China may also face interrogations and detention without fair and transparent treatment under the law.  

U.S. citizens and other foreigners in China have faced interrogation, detention, and expulsion for alleged violations of national security laws.  This includes, but is not limited to: 

• individuals with current or previous relationships with U.S. law enforcement, U.S. military, U.S. intelligence agencies, or other agencies of the U.S. government;
• individuals on U.S. government-funded programs;
• business people;
• former foreign-government personnel;
• academics;
• relatives of Chinese citizens involved in legal disputes;
• journalists. 

Local authorities have detained and charged U.S. citizens involved in civil business disputes with criminal offenses under these laws.  In some cases, U.S. citizens have been able to secure release by settling legal disputes in favor of Chinese businesses. 

In addition to their ability to detain and prosecute foreign nationals for alleged espionage and/or national security violations, authorities in China are also authorized to prevent foreign nationals suspected of engaging in so-called espionage activities from leaving China. 

China has disproportionately targeted U.S. citizens of Chinese heritage or naturalized U.S. citizens of Chinese descent for espionage investigations.  This is particularly common for those with previous employment or other relationships with the U.S. government. 

People accused of violating national security laws, including espionage, are often denied access to a lawyer.  There is increased official scrutiny of U.S. and third‑country firms operating in China, such as professional service and due diligence companies.  China’s security services have detained U.S. citizens, who have faced prosecution, including for conducting academic and business research or accessing publicly available material inside China.

Wrongful detention and exit bans

The U.S. Department of State has determined that Americans are at serious risk of wrongful detention by the Government of China.  Wrongfully detained Americans may be held in prison for years, in poor conditions, and without due process or consistent access to U.S. government staff or their family.  Familiarize yourself with and respect local laws and customs.  Foreign travelers may face an increased risk of detention and harassment, even if you are also a citizen of China.

Remember that in countries around the world, the U.S. embassy will work to monitor your health and safety in detention but cannot guarantee your release.  Most Americans who are convicted of a crime overseas serve out their sentences in prisons in that country.

The Department of State has determined that China is wrongfully detaining some U.S. citizens.  China has also used restrictions on travel or departure from China, referred to as “exit bans,” to:

• force people to participate in government and Chinese Communist Party (CCP) investigations;
• resolve civil disputes in favor of Chinese citizens; 
• pressure family members or associates of a restricted person to return to China from abroad, even if the family member is estranged or the associate is no longer in contact with the restricted person;
• gain bargaining leverage over foreign governments.

U.S. citizens might only become aware of an exit ban when they attempt to depart China.  There may be no available legal process to contest an exit ban in a court of law. 

Security services and investigative agencies have imposed exit bans using non-transparent CCP-led processes outside of the court system.  Chinese authorities have placed exit bans on individuals, including U.S. citizen minor children, whose relatives are under investigation by Chinese authorities, to compel them to return to China. 

In some cases, the Chinese government has told U.S. citizens that the exit bans will only be lifted if they provide certain testimony, even if the U.S. citizens state that the testimony would be false. 

The U.S. Embassy has received reports from U.S. citizens of being forced to sign statements Chinese officials know to be untrue.  In multiple cases, exit bans related to civil or business disputes have remained in place for years.  These exit bans have prevented U.S. citizens from obtaining needed medical treatment outside of China.   

Dual nationals and U.S. citizens of Chinese heritage

China does not recognize dual nationality.  The Chinese government claims to represent the interests of all ethnic Chinese individuals all over the world, regardless of nationality. 

Dual U.S.-Chinese citizens, former Chinese citizens, those who hold Taiwan travel documents, and U.S. citizens of Chinese descent may be subject to additional scrutiny and harassment. 

If you hold a Chinese identity card (身份证 shenfenzheng), Chinese residency book (户口本 hukouben), or enter China on a Chinese-issued travel document (台胞证 taibaozheng or 旅行证 luxingzheng), Chinese authorities may consider you to be Chinese only and not recognize your U.S. citizenship.  They may restrict or prohibit U.S. consular assistance if you are subject to an exit ban, emergency, disappearance, arrest, or detention.  This includes minor children.

If you are a U.S. citizen and choose to enter mainland China on travel documents other than a U.S. passport and are arrested or detained, the Chinese government is not obligated to notify the U.S. Embassy or the U.S. Consulates General, or to allow consular access.  You may still request notification to the closest U.S. embassy or consulate, but the Chinese government is not required to provide it. 

Dual nationals and naturalized U.S. citizens of Chinese descent are strongly encouraged to enter China using a U.S. passport with an appropriate Chinese visa.  The U.S. Embassy has received reports of authorities forcing dual nationals to enter China on their Chinese travel documents, or authorities refusing to recognize U.S. citizenship if a former Chinese national has not completed all steps to formally renounce their Chinese citizenship.

U.S. citizens who were formerly Chinese citizens may be required to complete additional bureaucratic steps before being allowed to leave the country.  They may also face increased scrutiny of previous professional and personal actions while they held Chinese citizenship, including past or current business dealings. 

U.S. citizens who were formerly Chinese citizens may also face departure restrictions.  Former Chinese citizens who have not formally renounced or canceled their Chinese citizenship are often compelled to cancel their household registration and relinquish rights to social welfare programs before exiting China. 

The Chinese government has imposed exit bans while denying claims of U.S. citizenship for natural born and naturalized (non-dual) U.S. citizens of Chinese descent who entered China using a U.S. passport.

Communication and expression

Assume that China’s security services can read your emails, texts, and social media posts if you send them to or from China. 

Assume they can also read your messages if you use Chinese apps, even when you are in another country, including the United States.  

• Security personnel could detain or deport U.S. citizens for sending private electronic messages critical of the government of China, Hong Kong SAR, or Macau SAR or the CCP. 
• China has detained people even when they sent these messages outside of China. 
• All universities and schools in China are controlled by the CCP.  If foreign teachers or students in China express ideas contrary to what the Communist Party believes, they could be deported or detained. 

The government of China strictly manages the religious activities of foreigners.  Foreigners wishing to hold collective religious services must abide by Chinese laws.  Religious exchanges between foreigners and Chinese religious institutions are controlled by national or provincial religious associations.  There are restrictions on the transport of religious materials to China.  U.S. citizens conducting collective religious services have reported interference by Chinese authorities.  Foreign citizens engaging in proselytizing, distributing religious materials, or conducting religious services or education with Chinese citizens without prior approval is strictly prohibited and may result in fines, detention, or deportation.

Drugs

Do not use illegal drugs in China or before you go to China.

If you test positive for drugs, even if the drug was legal elsewhere, Chinese police can detain you right away.  You could be fined, deported, or banned from ever coming back. 

Chinese authorities may force you to give blood, urine, or hair samples for drug testing.  Penalties for illicit drug offenses such as importation, possession, or consumption are severe. 

Guns and munitions

China has extremely strict laws about weapons and ammunition.  If you break these laws, even by mistake, you could go to prison. 

• Before you travel to China, carefully check all your bags, backpacks, and luggage.  Make sure there are no bullets, guns, or any pieces of ammunition inside – not even empty bullet casings or small parts.
• If you hunt or shoot guns, do not use those same bags when you travel to China.  Use different bags that have never been used for hunting or shooting.  
• Be very careful and follow all Chinese laws about weapons.  Breaking these laws can get you in serious trouble. 

Demonstrations

Do not join protests or demonstrations in China. 

Chinese authorities have very broad laws about what counts as a crime against the government.  If you join a demonstration or any other activities that authorities interpret as against China, you could be arrested and charged of serious crimes. 

This includes things the government sees as: 

• Trying to break apart China (act of secession)
• Working against the government (subversion)
• Terrorism
• Working with another country against China (collusion with a foreign country) 

Stay aware of your surroundings and avoid demonstrations.

See also: Macau and Hong Kong