China's New Entry-Exit Regulations Take Effect September 15: Will Taiwan Compatriot Permit Holders Be 'Treated as Chinese Citizens'? Risk of Being Unable to Return to Taiwan After Traveling to Mainland? MAC Issues Warning

The State Council of China recently announced the new 'Regulations of the State Council on Exit and Entry Management,' scheduled to take effect on September 15, 2026. The new rules explicitly state that individuals who violate export control or technology import-export regulations—and whose actions may endanger national industrial and technological security—may be prohibited from exiting the country by competent authorities. The Mainland Affairs Council (MAC) of Taiwan warns that although the regulations nominally apply to Chinese citizens and foreigners, Taiwan residents holding Taiwan Compatriot Entry Permits may be treated as Chinese nationals under Beijing's political definition, thereby facing legal risks such as exit restrictions.

MAC Deputy Minister and Spokesperson Jeffrey J. J. Liang stated at a regular press conference that the new regulations are comprehensive in scope. While foreigners are defined as those without Chinese nationality, the Chinese authorities often apply the definition of 'Chinese citizen' selectively. Liang explained that under China's legal and conceptual framework, Taiwanese individuals entering with a Taiwan Compatriot Entry Permit may already meet the identity criteria required under these regulations.

The MAC further noted that in past cases involving Taiwanese citizens sentenced or investigated in China, mainland authorities frequently acted without regard to whether the individuals held citizenship of the People's Republic of China. Therefore, if individuals are deemed to have violated export control or technology management regulations, they could face exit restrictions. In particular, personnel and corporate executives working in sensitive fields such as technology, semiconductors, and cross-border trade should conduct thorough risk assessments before traveling to China.

Regarding concerns that some employees may refuse business assignments or trips to China due to personal safety, and whether dismissal in such cases would be illegal, Liang responded that the MAC has not yet received related inquiries from businesses or workers. He added that disputes arising from employer-mandated work assignments to China or other countries will be governed by Article 10-1 of Taiwan's Labor Standards Act regarding job reassignment. Employers must ensure that job transfers are necessary for business operations, lack improper motives, do not adversely affect working conditions, and consider the employee's and their family's livelihood interests. Final legal interpretation and rulings on such disputes will be determined by labor authorities.