State Department Issues Travel Warning for China Because U.S. Citizens May Be ‘Interrogated and Detained’

(Doug Mills/The New York Times via AP, Pool, File)

The State Department issued travel advisories for the mainland of the People’s Republic of China and Hong Kong on Wednesday, warning that U.S. citizens may be arbitrarily interrogated and detained.

The warning for mainland China reads:

The People’s Republic of China (PRC) government arbitrarily enforces local laws, including exit bans on U.S. citizens and citizens of other countries, without fair and transparent process under the law.

Foreigners in the PRC, including but not limited to businesspeople, former foreign-government personnel, academics, relatives of PRC citizens involved in legal disputes, and journalists have been interrogated and detained by PRC officials for alleged violations of PRC national security laws. The PRC has also interrogated, detained, and expelled U.S. citizens living and working in the PRC.

U.S. citizens traveling or residing in the PRC may be detained without access to U.S. consular services or information about their alleged crime. U.S. citizens in the PRC may be subjected to interrogations and detention without fair and transparent treatment under the law.

PRC authorities have broad discretion to deem a wide range of documents, data, statistics, or materials as state secrets and to detain and prosecute foreign nationals for alleged espionage. There is increased official scrutiny of U.S. and third-country firms, such as professional service and due diligence companies, operating in the PRC. Security personnel could detain U.S. citizens or subject them to prosecution for conducting research or accessing publicly available material inside the PRC.

Security personnel could detain and/or deport U.S. citizens for sending private electronic messages critical of the PRC, Hong Kong SAR, or Macau SAR governments.

In addition, the PRC government has used restrictions on travel or departure from the PRC, or so-called exit bans, to:

• compel individuals to participate in PRC government investigations;
• pressure family members of the restricted individual to return to the PRC from abroad;
• resolve civil disputes in favor of PRC citizens; and
• gain bargaining leverage over foreign governments.

U.S. citizens might only become aware of an exit ban when they attempt to depart the PRC, and there may be no available legal process to contest an exit ban in a court of law. Relatives, including minor children, of those under investigation in the PRC may become subject to an exit ban.

The advisory for Hong Kong notes that “Hong Kong SAR authorities have dramatically restricted civil liberties since the Government of the People’s Republic of China (PRC) imposed the Law of the PRC on Safeguarding National Security in the Hong Kong SAR on June 30, 2020. Following the Hong Kong SAR government’s enactment of its own Safeguarding National Security Ordinance on March 23, 2024, Hong Kong SAR authorities are expected to take additional actions to further restrict civil liberties,” before warning that “Under these provisions, anyone who criticizes the PRC and/or Hong Kong SAR authorities may face arrest, detention, expulsion, and/or prosecution,” and that “Hong Kong SAR authorities are attempting to enforce these provisions against individuals, including U.S. citizens and permanent residents, residing outside their jurisdiction by offering cash rewards for information leading to their arrests in the Hong Kong SAR.”