China began enforcing new exit-entry administration regulations on the 15th that allow immigration authorities to demand the submission of electronic data when verifying the identities and travel or stay purposes of travelers.
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| China's "State Council Regulations on Exit and Entry Administration," implemented on the 15th, also applies to South Korean nationals. / The Beijing News |
According to China's State Council and related authorities, the "State Council Regulations on Exit and Entry Administration," comprising a total of 19 articles, officially took effect on this day. Article 3 of the new regulations stipulates that "when verifying the identity of an exit-entry traveler and their reasons for exit, entry, or stay, exit-entry and visa authorities may inquire about relevant circumstances and demand the submission of not only documents and materials, but also electronic data and other information."
Consequently, travelers entering or exiting the country are required to cooperate with requests from the authorities. However, the regulations do not specify what exact information constitutes "electronic data."
South Korean nationals are also subject to this clause, as Article 3 applies to "exit-entry travelers" in verifying identity and the purpose of travel or stay without distinguishing between Chinese citizens and foreign nationals. Under current rules, South Korean general passport holders can enter China visa-free for up to 30 days for purposes such as tourism, business, visiting relatives, exchanges, or transit.
Even visa-free travelers must undergo immigration inspection. If authorities determine that identity or travel purpose verification is necessary, they can demand related materials such as flight tickets, hotel reservations, or invitation letters, as the new regulations explicitly permit demanding electronic data as well. In such cases, if a traveler submits falsified materials or makes false statements, authorities may refuse to issue exit-entry permits or deny entry or exit.
The grounds for restricting the entry of foreign nationals have also been further detailed. If a foreigner submits false documents or makes false statements during the Chinese visa application or entry process, authorities can bar them from entering China for one to five years.
Chinese authorities explained that they supplemented the regulatory framework to address recent cases where falsified documents were submitted or exit-entry documents were fraudulently obtained amid an influx of foreign visitors.
Separately, the legal grounds for restricting the exit of Chinese nationals have also been clarified. Relevant agencies, including the Ministry of Commerce, may bar individuals from leaving the country if they are deemed likely to threaten China's industrial or technological security through violations of export controls or technology import-export regulations.
In principle, an exit restriction decision must be communicated to the individual, detailing the facts, reasons, legal basis, and avenues for relief. However, notice may be withheld if providing it risks impacting national security or criminal investigations.
Naturally, concerns have surfaced in Taiwan, which remains at odds with Beijing, that the new regulations could expand the discretionary power of Chinese authorities over exit and entry controls. Taiwan's Mainland Affairs Council immediately urged caution among Taiwanese business leaders and professionals working in tech and semiconductor sectors who travel to or operate within mainland China.
Hong Soon-do
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