The State Department issued an updated Level 2 “Exercise Increased Caution” advisory for mainland China this week, referencing concerns about wrongful detention and restrictions on leaving the country.
The advisory, updated Oct. 19, maintains China at Level 2, stating, “Exercise Increased Caution,” but adds a “D” risk indicator for wrongful detention.
The administration is pressing for the release of wrongfully detained Americans in China before President Trump travels to the APEC summit in Shenzhen. Beijing has denied wrongful detention of Americans and says its courts have acted lawfully.
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According to the advisory, China’s expansive national security, counterespionage and data security laws grant Chinese officials broad discretion to detain or interrogate foreign nationals.
“This places U.S. citizens at risk for conducting even routine business, research, or expression in the public domain,” the advisory said.
Chinese authorities may target U.S. citizens of Chinese heritage or origin and anyone involved in business disputes or who has ties to U.S. corporate entities involved in business disputes in China.
They may also target, the State Department says, anyone with a current or prior affiliation with U.S. law enforcement, U.S. military, U.S. intelligence agencies, anyone traveling on U.S. government-funded programs or individuals with current or former connections to the U.S. government.
The Washington Times reached out to the Chinese embassy in Washington for comment.
The advisory details how the Chinese government arbitrarily enforces local laws and may issue exit bans on U.S. citizens and citizens of other countries without fair and transparent processes under the law.
“Chinese law includes an expansive definition of national security and grants Chinese officials with broad discretion to portray a wide range of documents, data, statistics, or materials as ’state secrets,’ including retroactively,” it said.
“These laws and other regulations may place foreign nationals at risk for conducting routine research or handling data that is publicly or commercially available to Chinese nationals.”
The State Department warned that U.S. citizens in China may face interrogations and detention without fair and transparent treatment under the law and not be provided with information about their alleged crimes or access to U.S. consular services.
People accused of violating national security laws in China, the advisory warns, are usually denied access to a lawyer.
“China’s security services have detained U.S. citizens, who have faced prosecution, including for conducting academic and business research or accessing publicly available material inside China.”
Wrongfully detained Americans may be held in prison for years, in poor conditions, and without due process or consistent access to U.S. government staff or their family, the Department said.
The U.S. advises travelers to “familiarize yourself with and respect local laws and customs. Foreign travelers may face an increased risk of detention and harassment, even if you are also a citizen of China.”
“Remember that in countries around the world, the U.S. embassy will work to monitor your health and safety in detention but cannot guarantee your release.”
According to the Department, most Americans who are convicted of a crime overseas serve out their sentences in prisons in that country.
Rep. Chris Smith, New Jersey Republican, who co-chairs the Congressional-Executive Commission on China, told The Washington Times last month that up to 300 Americans are presently detained in China, where some are tortured and sexually abused.
Some high-profile prisoners in China include Hong Kong media mogul Jimmy Lai; Uyghur economics professor Ilham Tohti; American scholar Min Zin; American businessman Kai Li; Americans Dawn Michelle Hunt, Nelson Wells Jr., and John Chen; Chinese journalist Dong Yuyu; and the Zion 8 — eight pastors and co-workers of Beijing Zion Church.
Mr. Smith has urged the Trump administration to elevate China’s travel advisory to Level 4, the most severe.
“If you go there even as a businessman or woman, and your interlocutors and your business associates over there don’t like what you’re doing, good luck,” Mr. Smith said. “They bring charges, you’re in prison, and you won’t get out anytime soon. … Once accused, you’re convicted.
“If you’re in a Chinese prison camp, you’re going to be tortured. Some of the most horrific tortures on the face of the Earth against women, many of them are sexual,” he said.
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