New rules introduced by the Xi Jinping administration will take effect next month and could impose conditional restrictions on Chinese nationals leaving the country. The details and implementation of the rules remain unclear, and they are expected to affect international students and businesspeople living in Japan as well.
The Chinese government has promulgated State Council provisions on exit and entry administration, which will take effect on 15 September. The provisions establish administrative procedures covering the government’s publication of overseas safety information, the requirement that the stated reasons for exit and entry applications be truthful and lawful, a notification requirement for intermediary services, and measures banning foreigners from entering the country.
The text of the provisions expressly states that Chinese nationals may be barred from leaving the country at the discretion of competent authorities, such as the Ministry of Commerce, if they violate export controls or technology import and export controls and could thereby threaten national industrial security or technology security. Most exit bans have time limits of 6 months to 3 years, but no time limit is specified for measures relating to technology security.
Among China analysts, the provisions have been described as “the strictest and most opaque border controls in history.” Article 6 states that decisions to impose an exit ban must be notified to the person concerned in writing, but the provisions may allow advance notification to be omitted in cases involving national security or the status of an investigation.
Specific implementation rules have not yet been published, even though the provisions are due to take effect, and they also include tighter supervision of intermediary services. It cannot be concluded that large-scale exit restrictions will be implemented immediately, but it is clear that freedom of movement could be restricted across a broad range of circumstances.
Depending on how the restrictions are implemented, the movement of Chinese international students and businesspeople living in Japan, as well as people travelling between Japan and China, could be affected.