China can block citizens from leaving the country over national security or tech export violations

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BEIJING (AP) — New border control rules taking effect in China on Tuesday could ban citizens from leaving the country if they engage in illegal activity that endangers national or industrial security.

The rules, part of a broader overhaul of border regulations, reflect in part heightened government concern about the export of technology at a time of growing competition with the U.S. in artificial intelligence and other emerging areas. The opening clause of the regulation says it was drawn up to protect national sovereignty, security and development interests.

A citizen engaging in illegal or criminal activity overseas that endangers national security could be prohibited from leaving China again for six months to three years from the date of their return. Similarly, a citizen who violates technology export or import regulations could be banned from leaving if the action endangers industrial or technological security, the regulation says.

The regulations also allow the authorities to refrain from notifying the individuals concerned if doing so could affect national security or the investigation of a criminal case.

Experts expressed concerns that the regulations may give officials substantial discretion to determine which activities and individuals fall under their authority, given the broad use of terms such as “national interests” and “technology security.”

“Given how broadly national security is defined nowadays, one could easily find themselves subject to bans without even these basic procedural protections promised in the text,” said Mark Jia, a law professor at Georgetown University.

“The new regs are another indication of just how serious China is about preventing the transfer of key tech and technical knowledge,” the consultancy Trivium said in a note after the regulations were announced about six weeks ago.

In an unexpected move, China blocked tech company Meta from acquiring artificial intelligence startup Manus in April, after the deal apparently aroused government concern about the transfer of advanced technology. Manus is a Singapore company with Chinese roots.

The new border rules also include a provision that could ban foreigners from entering for one to five years if they provide false information in a visa application or at the port of entry.

The regulations also seek to prevent citizens from being deceived into traveling abroad and then forced to participate in illegal gambling or online and phone scam operations, a persistent problem in recent years.

The Cyberspace Administration of China, which monitors online discussions, sought to assuage concerns that the new rules would make travel more difficult. The measures target people involved in illegal cross-border activities, not ordinary citizens with legitimate reasons to travel abroad, the agency said in an online post last week.