On Friday, March 27, the Federal Bureau of Investigation (FBI) of the United States released a video entitled “What to Know: Working in China,” which mainly introduces the safety and legal issues that American businesses and personnel should be aware of when working or traveling to China.
This video is the first installment of the FBI’s anti-spying series of discussions, hosted by senior executives Josh Obstfeld from the FBI Anti-Spy and Spy Department, Patrick, a National Intelligence Officer responsible for China affairs, and Mary, a senior intelligence analyst.
Obstfeld emphasized that the vast majority of American travelers to China have not encountered accidents or disturbances in China. However, for security and courtesy reasons, individuals going on assignments or business trips should first understand the laws and social customs of the visiting country.
Patrick introduced the significant differences in systems and environments between the United States and China. He pointed out that in the United States, government intervention in businesses is relatively minimal, allowing independent entities to conduct research and business freely with the option of government intervention if necessary.
Contrastingly, in China, the situation is markedly different, as the Communist Party of China is deeply involved in almost all social activities and conducts a certain level of surveillance. Patrick emphasized that it is a top-down system in China, and individuals should anticipate that Chinese security agencies will closely monitor their actions and report to the Communist Party of China.
He advised that before traveling or going on a business trip to China, Americans should self-assess whether they are carrying sensitive information and whether their electronic devices may be compromised.
FBI officials mentioned that they receive inquiries almost daily from U.S. government cooperatives or businesses asking questions such as “Can we still travel to China?” and other related queries.
Mary and Patrick confirmed that since the ascent of Xi Jinping as the leader of the Chinese Communist Party in 2012, there has been a stronger emphasis on maintaining Communist Party rule and social stability. The Chinese Communist Party has increased technological surveillance, manpower, and financial investments, even at the expense of economic growth and foreign direct investment.
Given this backdrop, Americans and American companies naturally face increased scrutiny from Chinese authorities.
FBI officials indicated that currently, Beijing is less publicly arresting foreign corporate executives or conducting raids and detentions on foreign company employees in China. However, the atmosphere remains tense.
The FBI warned that Beijing has been more broadly enforcing exit restrictions for American citizens leaving China. According to the FBI’s observations, even lower-level Chinese government agencies such as local courts may issue exit bans, and they may restrict individuals’ departures from China without police authorization.
Sometimes, when American citizens arrive at Chinese airports and present their tickets at the counter, they may discover at the last minute that they have been barred from leaving by Chinese authorities.
The implementation of exit bans is usually due to minor civil or commercial disputes but could also be related to national security, telecommunications fraud, or other investigations. The FBI highlighted that the Chinese government has enacted at least 12 laws that allow for the imposition of exit bans.
Therefore, the FBI recommends that affected U.S. citizens seek immediate assistance from the U.S. Embassy in China and be well prepared before departure. They stated that high-risk groups include professionals in legal, financial accounting, due diligence, consulting, and the news industry personnel might face stricter scrutiny from the Chinese government.
Obstfeld reminded, “It (China) is also a totalitarian country where personal freedom is not protected as in the United States. To be frank, these institutions have greater power than those in the U.S. and other countries with similar ideologies.”
The FBI advised that when traveling to China, Americans should assume there is no privacy as the Chinese government may use high-tech surveillance capabilities (including location tracking, system intrusion, and other means) against anyone.
Additionally, they recommended not bringing electronic devices with important information into China (including Hong Kong), using clean laptops and dedicated phones, ensuring no connection to company servers or personal emails.
FBI officials stated that they do not prohibit Americans from working or engaging in exchanges in China but recommend individuals make decisions after fully understanding the risks and taking protective measures.