Remote work, drones, mobile phones: What to know about China’s new entry-exit rules

SINGAPORE – China’s new Exit and Entry Administration Provisions take effect on Sept 15, spelling out tougher potential consequences for false visa claims while placing new emphasis on national security, sanctions and technology controls.For most people making short visits, such as Singapore passport-holders with 30-day visa exemption, the basic guidelines remain the same: travel with the right documents, state the purpose of the visit accurately, and follow local laws.But the changes may matter more for those applying for longer-term work or study visas, companies sending staff to China, and travellers carrying sensitive information such as confidential corporate data or personal medical history .What are the new regulations about?“The main message is accuracy and consistency,” said Johnny Choi, a Hong Kong-based partner at law firm DLA Piper, “What you say you are coming to China to do should match the actual purpose of your visit.”Foreign visitors who provide false materials or make false statements in a visa or entry application face an entry ban of between one and five years.The rules also bring some sanctions-related designations, including China’s Unreliable Entity List and other countermeasure lists, more clearly into the immigration framework, according to a Q&A published by China’s National Immigration Administration explaining the new rules.“The provisions make the existing legal framework more operational,” Choi told The Straits Times. “They set out more clearly the grounds for restrictions, and in some cases, the duration of a ban.”The rules also affect Chinese citizens. They set out circumstances in which Chinese nationals may be restricted from leaving the country, including certain border-related violations, overseas conduct considered harmful to national security, and some export-control or technology-related breaches.Will I get banned if I make a mistake in my visa application?Not necessarily. The rules give the authorities discretion, rather than requiring a ban in every case.“A minor inconsistency or clerical error would sit at one end of the spectrum,” said Choi, who heads DLA’s China Employment practice. “That may be more likely to result in an application being returned for correction.”At the other end are deliberate falsehoods: fabricated invitation letters, concealed information or a false account of the intended purpose of travel.“If the false statement is intentional and material, especially where there is a pattern of previous violations, the prospect of a more serious consequence becomes greater,” he said.James Zimmerman, a partner at Loeb & Loeb in Beijing, said more routine visa breaches would likely result in measures such as short detention, a fine, or deportation. Under China’s existing law, penalties for individuals who enter or exit China with forged or fraudulently obtained documents include a fine of up to 5,000 yuan ($945), with detentions of up to 15 days plus a fine of up to 20,000 yuan for serious cases.More serious cases could involve someone who failed to disclose a past criminal case, past foreign military service, or previous government employment, Zimmerman said.Even then, deportation and being declared persona non grata, or an “unwelcome person”, may be more common outcomes than criminal prosecution, he added.Can an invitation letter to visit China put others at risk?Yes. The responsibility does not lie only with the traveller holding the letter.Companies, institutions and individuals issuing invitation letters are required to ensure their contents are truthful. That raises the stakes for businesses or educational institutions that casually agree to sponsor a visa applicant or provide paperwork without verifying the details.“A sponsoring organisation needs to make sure the proposed itinerary, business purpose and other details are accurate,” Choi said. “It is not simply a matter for the individual applicant.”For a business traveller, that means the host company, place of work, schedule and nature of meetings should line up with the visa application.Can Chinese officials search my phone or confiscate my laptop?The answer depends on the situation.At a routine border crossing, immigration officers may check documents and inspect belongings. The new rules do not set out a separate device-search regime, but travellers should not assume that their phones or laptops are automatically off limits.The legal authority is wider in a national-security or counter-espionage investigation. China’s Anti-Espionage Law gives national-security agencies express powers to inspect electronic devices, data, programs and tools in relevant cases. While it does not explicitly mention social media accounts, media reports suggest that these may be included.Choi said travellers should distinguish between a standard immigration check and an investigation involving national-security authorities by requesting for the official’s identification, which is allowed under the law.“If a device is taken, remain calm and cooperate appropriately,” he said. “You can ask to see credentials and ask for a receipt or other legal documentation.”He said a traveller whose case goes beyond routine questioning should consider contacting their embassy or consulate, as well as local legal counsel.Zimmerman’s advice for companies with valuable intellectual property is more direct: use travel-only devices.“Anyone or any company concerned about their core technology should require its executives to travel with burner devices and to leave the core technology at home,” he said.I’m already in China. How can I stay out of trouble?The most obvious risk areas include photography, recording, research and the collection of potentially sensitive data.Visitors should avoid taking photographs at military sites, government facilities, designated security zones and other sensitive locations. They should also be cautious about using drones.For researchers, analysts, journalists and businesspeople, the sensitive issue may be information-gathering. China’s Anti-Espionage Law takes a broad approach to material connected with national security and national interests.“Be mindful of what information you collect, how you collect it and from whom,” Choi said.Foreign visitors should also stick closely to their declared travel purpose. A visit to an employer’s factory or a business partner is generally ordinary commercial activity, he said, but unplanned trips to sensitive infrastructure or locations not reflected in the itinerary may create avoidable risk.“The overarching principle is consistency,” Choi said. “Avoid activities that are inconsistent with the approved visa purpose.”Are digital nomads in a grey zone?Yes, and it is a grey zone that carries risk.China has no dedicated digital-nomad visa – permits that allow remote workers to reside and work in a foreign country for extended periods. There are also no clear formal framework for foreigners who live in the country while working remotely for overseas employers.The key question is whether the person physically in China is considered to be working in China, Choi said. If so, they may require a work visa or other appropriate authorisation, even if their employer is based abroad.“The conservative reading is probably the correct one,” he said. “If you are physically in China and performing work duties, there is a meaningful risk that it could be characterised as unauthorised employment.”Zimmerman said that while there is no clear prohibition on remote workers, the issue dependsdepended heavily on one’s visa and residence status. Chinese authorities are more likely to focus on whether a foreigner is properly registered, engaged in lawful activities, and paying their taxes, he said.However, he expects it to become harder overall for visitors to engage in “moonlighting”, or taking on informal work outside of their approved visas, including “gig jobs such as tutoring, teaching English, or scraping by as street musicians”.Do the stricter rules mean China is closing its doors to foreign visitors?Choi does not see it that way.China has continued to expand visa-free access for some nationalities and has widened its transit-without-visa arrangements. The new rules sit alongside those efforts to facilitate tourism and legitimate business travel.“The door is open wider for ordinary business visitors and tourists,” Choi said. “But there are clearer rules and sharper consequences for conduct that the authorities regard as crossing red lines.”