State Dept. warns Americans to ‘reconsider’ China travel, citing ‘risk of wrongful detentions’

WASHINGTON – The State Department has issued an updated advisory urging Americans to “reconsider travel” to China if they don’t want to get stuck in the Communist nation “due to the arbitrary enforcement of local laws.”

While the department has issued travel advisories for China in the recent past, those were largely for pandemic-related concerns.

For example, the US previously warned travelers to avoid running afoul of Beijing’s draconian “zero-COVID” laws.

Citing “exit bans and the risks of wrongful detentions,” Washington issued the updated warning after the department “determined the risk of wrongful detention of US nationals by the [Beijing] government exists,” according to the advisory, which was issued Friday and publicized Monday.

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

Beijing may use restrictions on travel out of China, dubbed “exit bans,” in an attempt 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,” according to the advisory.

“US 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,” the department added, saying that the Chinese government may also slap bans on family members – including minor children – of those under investigation.

The latest advisory comes as Chinese officials have interrogated and detained foreigners, “including but not limited to businesspeople, former foreign-government personnel, academics, relatives of PRC citizens involved in legal disputes, and journalists,” accusing them of violating China’s “national security laws,” according to the advisory.

“US citizens traveling or residing in the PRC may be detained without access to US consular services or information about their alleged crime … [and] subjected to interrogations and detention without fair and transparent treatment under the law,” the State Department said. “Security personnel could detain US citizens or subject them to prosecution for conducting research or accessing publicly available material inside the PRC.”

Chinese authorities “appear to have broad discretion to deem a wide range of documents, data, statistics, or materials as state secrets,” allowing them to arrest and prosecute foreigners on allegations of espionage, according to the advisory.

“There is increased official scrutiny of US and third-country firms – such as professional service and due diligence companies – operating in the PRC,” the advisory said.

If Americans choose to ignore the warning, the State Department cautions against participating in protests “or any other activities that authorities interpret as constituting an act of secession, subversion, terrorism, or collusion with a foreign country could result in criminal charges.” 

“Be aware of your surroundings and avoid demonstrations,” the advisory said.

The State Department further warned Americans in China not to consume illicit drugs during or even before traveling to the country, as “a positive drug test, even if the drug was legal elsewhere, can lead to immediate detention, fines, deportation, and/or a ban from re-entering the PRC.”

“PRC authorities may compel cooperation with blood, urine or hair testing,” it said in the advisory. “Penalties for a drug offense may exceed penalties imposed in the United States.”

The warning comes as Treasury Secretary Janet Yellen is set to visit Beijing this Thursday through Sunday in the White House’s latest attempt to rebuild the US’ deeply frayed relations with China.

Her visit will follow Secretary of State Antony Blinken’s trip last month, during which he met with senior officials including Chinese President Xi Jinping.

President Biden, meanwhile, has tried to downplay the strain between Washington and Beijing, calling concerns “hysteria” during a joint news conference with Indian Prime Minister Narendra Modi last month.