Criminal Penalties: You are subject to Chinese laws. If you violate Chinese laws, even unknowingly, you may be expelled, arrested, or imprisoned.

Furthermore, some crimes are prosecutable in the United States, regardless of local law. For examples, see our website on crimes against minors abroad and the Department of Justice website.

Arrest Notification:

If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy or the nearest consulate immediately. See our webpage for further information.

The Chinese must notify a U.S. consular officer within four days; however, this does not always occur in a timely manner.

A consular officer may be the only authorized visitor during your initial detention period.

Bail is rarely granted.

Detention may last many months before a trial.

The U.S. Embassy or Consulate is unable to represent you in a legal matter.

Travelers to China should enroll in the State Department’s Smart Traveler Enrollment Program (STEP) and you may wish to have someone contact the Embassy or nearest consulate if you are detained.

Please see the section on DUAL NATIONALITY for the limits on consular notification and access to dual nationals.

The Chinese legal system can be opaque and the interpretation and enforcement of local laws arbitrary. The judiciary does not enjoy independence from political influence. U.S. citizens traveling or residing in China should be aware of varying levels of scrutiny to which they will be subject from Chinese local law enforcement and state security.

Certain provisions of the Criminal Law of the People’s Republic of China – such as “social order” crimes (Article 293) and crimes involving “endangering state security” and “state secrets” (Article 102 to 113) – are ill-defined and can be interpreted by the authorities arbitrarily and situationally. Information that may be common knowledge in other countries could be considered a “state secret” in China, and information can be designated a “state secret” retroactively.



Drug and Alcohol Enforcement:

Chinese law enforcement authorities have little tolerance for illegal drugs, including marijuana. Penalties for possessing, using, or trafficking illegal drugs in China are severe, and convicted offenders can expect long jail sentences, heavy fines, or the death penalty. Police regularly conduct unannounced drug tests on people suspected of drug use and have been known to enter a bar or nightclub and subject all patrons to immediate drug testing. Police may force you to provide a urine, blood, or hair follicle sample on short notice. A positive finding, even if the drug was legal elsewhere or consumed prior to arriving in China, can lead to immediate detention, fines, deportation, and/or a ban from re-entering China.

China also has strict laws against driving under the influence of alcohol that can lead to immediate detention on a criminal charge.

SPECIAL CIRCUMSTANCES:

Assisted Reproductive Technology: In vitro fertilization (IVF) is widely and legally practiced. Chinese law, however, strictly forbids surrogacy, and surrogacy contracts will not be considered valid. The use of reproductive technology for medical research and profit is strictly controlled.



Contracts and Commercial Disputes: Before entering into a commercial or employment contract in China, have it reviewed by legal counsel both in the United States and in China. The U.S. Foreign Commercial Service can assist you in identifying and vetting business contacts and opportunities, but may not intervene in contract disputes. Many U.S. citizens have reported difficulty getting their contracts enforced by Chinese courts or being forced out of profitable joint-ventures without opportunity to secure legal recourse in China.



Counterfeit Goods: Do not buy counterfeit or pirated goods. The bootlegs are illegal in the United States and you may also be breaking local law by purchasing them.

Cruise Ship Passengers: Click here for safety information and travel advice.

Earthquakes: Earthquakes occur throughout China. Check here for information about earthquake preparedness.

English/Secondary School Teachers: English teachers in China frequently report employment disputes which can result in questioning by local authorities, termination, lost wages, confiscation of passports, forced eviction from housing, and even threats of violence. Please see the Teaching in China Guide on the U.S. Embassy's website.

Exit/Travel Bans: Business disputes, court orders to pay a settlement, or government investigations into both criminal and civil issues may result in an exit ban which will prohibit your departure from China until the issue is resolved. Even individuals and their family members who are not directly involved, or even aware of these proceedings, can be subject to an exit ban. Additionally, some local businesspeople who feel that they have been wronged by a foreign business partner may hire "debt collectors” to harass, intimidate, and sometimes physically detain foreign business partners or family members in hopes of collecting the debt. The U.S. Embassy or consulate can provide a list of local attorneys who serve U.S. clients, but otherwise are unable to intervene in civil cases. Local law enforcement authorities are generally unwilling to become involved in what they consider private business matters, and may not provide the individual who has been barred from leaving China with any written notice of the exit ban.

Faith-Based Travelers: See the following webpages for details:

LGBTI Travelers: Same sex marriages are not legally recognized in China and local authorities will not provide marriage certificates to same-sex couples. There are no civil rights laws that prohibit discrimination or harassment on the basis of sexual orientation or gender identity, though homosexuality has been decriminalized. Prejudices and discrimination still exist in many parts of the country. There are growing LGBTI communities in some of China’s largest cities and violence against LGBTI individuals in China is relatively rare. See our LGBTI Travel Information page and section 6 of our Human Rights Report for further details.

Non-Governmental Organizations (NGOs): In January 2017, China implemented a law regulating the operations of foreign NGOs in China. NGOs and their employees should ensure they are complying with all relevant statutory requirements, particularly if working in sensitive areas or fields. Additionally, the Chinese government announced sanctions on five U.S.-based NGOs in December 2019.

North Korea: Do not travel to the Democratic People’s Republic of Korea (North Korea) due to the serious risk of arrest and long-term detention of U.S. nationals. For further information, consult the North Korea Country Information webpage and the Travel Advisory for North Korea.

Political and Religious Activity: Participating in unauthorized political or religious activities, including participating in public protests or sending private electronic messages critical of the government, may result in detention and Chinese government-imposed restrictions on future travel to China. Although China’s constitution permits freedom of religious belief, government officials are increasing pressure on domestic religious activity. The U.S. Mission to China has observed an increase in the number of U.S. citizens being interrogated, detained, and/or forced to leave the country in connection with real or perceived religious proselytization. U.S. citizens have been detained and/or expelled for distributing religious literature, including Bibles, or engaging in unauthorized religious meetings. If you bring religious literature with you, Chinese law dictates that it be a “reasonable amount” for your personal use. If you attempt to bring larger quantities, the literature will likely be confiscated and you may be fined, detained, or deported.



Social Insurance: China has a social insurance system to which foreigners who work in China must contribute. When you sign an employment contract, you must apply for a social insurance number, and it is important that your employer work with you to comply with the regulations. Please check the official website for updated information.



Social Media: Social media accounts are widely monitored in China. Local authorities may use information they deem critical, controversial, or that might involve illegal activity against both the poster of the material and the host of the social media forum under Chinese law. Individuals have also been held responsible for the content that others place within social media spaces they control, such as the comments section under a post or within a group chat that an individual controls.

Special Scrutiny of Foreign Citizens: On occasion, citizens of the United States visiting or resident in China have been interrogated or detained for reasons said to be related to “state security.” In such circumstances, you could face arrest, detention, or an exit ban prohibiting your departure from China for a prolonged period. Dual U.S.-Chinese nationals and U.S. citizens of Chinese heritage may be at a higher risk of facing such special scrutiny. Information about dual nationality can be found on our website.



Students: See our Students Abroad page and FBI travel tips.

Surveillance and Monitoring: Security personnel carefully watch foreign visitors and may place you under surveillance. Hotel rooms (including meeting rooms), offices, cars, taxis, telephones, Internet usage, and fax machines may be monitored onsite or remotely, and personal possessions in hotel rooms, including computers, may be searched without your consent or knowledge. Security personnel have been known to detain and deport U.S. citizens sending private electronic messages critical of the Chinese government.



Transferring Money to/From China: China’s regulatory environment includes tightening capital outflow controls that can severely impact one’s ability to move money out of the country. Wire transfers may only be available to those who have an active bank account in China. Ask your local China bank location for more information. The U.S. Department of State may be able to help transfer funds to a destitute U.S citizen overseas through our office in Washington, D.C. to a U.S. embassy or consulate abroad. More information on this option is available here.

Travelers Who Require Accessibility Assistance: U.S. citizens with mobility disabilities may face challenges while traveling in China. Sidewalks often do not have curb cuts and many streets can be crossed only via pedestrian bridges or underpasses accessible by staircase. Assistive technologies for blind people and those with other vision disabilities are unreliable, and access to elevators in public buildings can be restricted. In major cities, public restrooms in places visited by tourists usually have a least one accessible toilet.

Typhoons: The southeast coast of China is subject to strong typhoons and tropical storms, usually from July through September. For current information, please consult the Joint Typhoon Warning Center in Honolulu and the National Weather Service's Central Pacific Hurricane Center.



Women Travelers: See our travel tips for Women Travelers.

Xinjiang Uighur Autonomous Region: Extraordinary security measures are in place through the region. Authorities may impose curfews and restrictions on short notice. They also engage in invasive surveillance techniques against individuals. Expect significant travel delays, avoid gatherings and demonstrations, always carry ID, and follow the instructions of local authorities. Travelers with ethnic ties to the region may experience special restrictions, discrimination, and even arbitrary detention.