China Bars Two US Citizens From Leaving: What Are Exit Bans And How Do They Work?
China imposed exit bans on two Americans, a Wells Fargo executive and a US government employee. What are exit bans and how do they work?
China imposed exit bans on two American citizens- a Wells Fargo executive and an employee of the US government- just weeks ahead of a key trade deadline between the two countries. China's Foreign Ministry confirmed that it had placed an exit ban on Mao Chenyue, a banker working for Wells Fargo, saying she was 'involved in a criminal case" and was required to cooperate with the investigation.
Separately, the US State Department said that China blocked a Commerce Department employee- specifically from the United States Patent and Trademark Office- from leaving the country. The US Embassy in Beijing said that it had raised concerns about the use of 'arbitrary exit bans" with Chinese authorities, saying such actions damage bilateral relations.
What Are Exit Bans Used For?
Exit bans are legal tools that prevent individuals- both Chinese citizens and foreigners- from leaving the country. In many cases, authorities justify their use to keep suspects or witnesses in place during investigations, particularly if they are deemed a flight risk. China's exit bans are sometimes imposed for political reasons or as leverage in civil disputes, diplomatic stand-offs or even to pressure foreign governments, experts have warned.
James Zimmerman, a Beijing-based lawyer and former chair of the American Chamber of Commerce in China, said, 'Most of the time, there is a legitimate legal basis for the exit bans. But there are indeed instances of misuse of the process by the government authorities, including for political reasons."
Who Can Be Subject To Exit Bans?
While suspects and witnesses in criminal cases are often the most obvious targets, China has extended exit bans to individuals who are not directly involved in legal proceedings. Foreigners with ties to investigations involving state-owned enterprises (SOEs) may also be barred from leaving. There are also high-profile examples of exit bans being used coercively. In 2018, two American citizens- Victor and Cynthia Liu- were prevented from leaving China for three years in what US officials described as an effort to pressure their father, a Chinese fugitive wanted for financial crimes, to return.
How Has China Expanded Its Use Of Exit Bans?
In recent years, China has passed or amended several laws that give authorities broader powers to impose exit bans, especially under the banner of national security. A major change came in 2023, when the country revised its counterespionage law to allow exit bans for anyone under investigation who might pose a national security risk after leaving the country- even if no charges have been filed.
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