A day after China’s 19-article “Regulations on Exit-Entry Administration” (State Council Decree No. 841) entered into force, Human Rights Watch (HRW) released a sharply worded briefing describing the measure as a direct assault on the internationally-protected right to leave one’s country. The decree, effective 15 September 2026, allows immigration authorities to bar Chinese nationals—and, in some circumstances, foreign residents—from departing for broadly-defined reasons of national security, industrial security or technology protection. HRW notes that Article 4 authorises bans of up to three years for citizens who commit unspecified “illegal or criminal activities overseas,” while a separate clause permits unlimited, open-ended bans on those suspected of export-control violations. Authorities may also withhold written notice “where national security could be affected,” removing any practical avenue to appeal. For multinational employers the most immediate concern is the risk that core staff, particularly those working in sensitive technology, could be prevented from travelling on short notice. HRW’s Asia deputy-director Maya Wang urged companies to reassess duty-of-care protocols and contingency staffing for projects that require cross-border movement, warning that “everyone, including foreigners, should worry about their ability to leave China.” The organisation points to a pattern of rising exit bans against rights activists and business executives since 2019, but says the new regulation “further integrates immigration decisions with China’s sweeping national-security toolkit,” giving administrative departments unprecedented discretion. HRW is calling on Beijing to amend the decree and on foreign governments to raise the issue in bilateral dialogues. Practical implications for global mobility managers include: reviewing emergency evacuation insurance, updating second-passport policies for dual nationals, and stress-testing assignment plans that rely on Chinese employees travelling to regional hubs such as Singapore or Hong Kong. Legal counsel also advise auditing whether any current staff fall within export-control risk profiles that could trigger an exit ban under Article 4.
Source: Human Rights Watch
