Travel Alert: China's New Entry-Exit Regulations Take Effect on September 15 – 7 Key Changes Affecting Tourists and Taiwanese Businesspeople

China's State Council has announced the latest version of the 'Regulations on Exit and Entry Administration,' scheduled to take effect on September 15. This 19-article regulation not only formalizes existing border control measures into law but also expands the scope of entry-exit restrictions and enforcement authority. As the implementation date approaches, Taiwan's Mainland Affairs Council (MAC) and Straits Exchange Foundation (SEF) have issued successive warnings, urging citizens—especially Taiwanese businesspeople and professionals in the tech and semiconductor industries—to carefully assess the risks of traveling to China.

China's Exit-Entry Management Goes Legal: New Regulations Effective September 15 – Seven Core Mechanisms Fully Implemented

The revised 'Regulations on Exit and Entry Administration' aim to standardize border management and safeguard national sovereignty, security, and development interests. Authorities emphasize that the new rules will enhance overseas security risk prevention and establish mechanisms for reporting violations and inter-agency cooperation. The seven key regulatory points are as follows:

- Establishment of an Overseas Risk Alert System: Official agencies will issue safety advisories in response to war, natural disasters, or deteriorating public security. - Advisory Against Travel to High-Risk Areas: If a destination is classified as the highest risk level or has frequent incidents threatening personal safety, border control authorities may advise against departure. - Strict Verification of Application Materials and Electronic Data: Providing false information or inaccurate statements during document applications or border inspections will result in denial of documents or entry-exit bans. Authorities may also require individuals to present electronic data and personal information for verification. - Up to 3-Year Exit Ban for Violators: Chinese citizens involved in illegal entry-exit activities, fraudulently obtaining documents, or engaging in activities abroad that harm national security or interests may face exit bans of 6 months to 3 years. Those involved in export control or technology security violations may also be restricted. - Up to 5-Year Entry Ban for Foreign Nationals: Foreigners who provide false information, enter illegally, commit border crimes, or are listed on countermeasure or unreliable entity lists may be banned from entering China for up to 5 years. - Filing Management for Entry-Exit Agencies: Visa, immigration, and study-abroad agencies must register with immigration authorities. Overseas companies are prohibited from directly providing such services within China. - Heavy Penalties for Non-Compliant Agencies: Agencies involved in false advertising, document forgery, or facilitating cross-border crimes may face confiscation of illegal gains, fines of up to 50,000 RMB, and revocation of business licenses.

Flexible Expansion of Exit Restrictions: Vague Clauses Raise Concerns of a 'Chilling Effect'

International observers and commentators note that the regulation repeatedly uses flexible terms such as 'may endanger' and 'if necessary,' granting broad discretionary power. Article 4 explicitly states that individuals violating export control or technology import-export regulations and 'may endanger national industrial or technological security' may be denied exit by competent authorities. Additionally, entry-exit and immigration authority has been delegated to public security organs at or above the county level, which may also request access to private electronic data such as mobile phones and computers during inspections.

Article 6 stipulates that individuals denied exit should generally be informed in writing of the reasons. However, if disclosure 'may affect national security or criminal investigations,' authorities may withhold the reason from the individual. Due to the lack of clear standards and avenues for appeal, many travelers fear arbitrary enforcement and a chilling effect on freedom of movement.

MAC and SEF Issue Warnings: Risks Escalate for Taiwanese Businesspeople, Especially in Semiconductor and Tech Sectors

Regarding the potential impact of the new regulations on Taiwanese citizens and businesses, both MAC and SEF have expressed high concern:

Scope May Extend to Taiwanese Businesspeople: SEF Secretary-General Lo Wen-chia pointed out that although the regulations primarily target Chinese citizens, given Beijing's legal claims, Taiwanese businesspeople and workers in China could also be subject to these rules. Those in sensitive industries or involved in import-export activities may face the risk of being unable to leave if deemed to have violated technology security regulations.

Highest Risk for Tech and Semiconductor Industries: MAC Vice Chairman Liang Wen-chieh and Chairman Chiu Chui-cheng emphasized that the Chinese Communist Party has long maintained strict entry-exit controls, and this move formalizes past practices. Since the criteria for 'endangering industrial security' lack clear legal definitions, Taiwanese professionals in semiconductors, artificial intelligence, and high-tech fields may unknowingly violate the rules. They urged thorough risk assessments of personal safety and business operations before traveling to China.