China's new exit ban decree raises alarm: HRW flags rights violations
Synopsis
A new Chinese administrative decree — effective 15 September — now formally empowers authorities to bar anyone, including foreign nationals, from leaving the country on broad 'national security' grounds. Human Rights Watch says the rules are vague, extrajudicial, and already being applied: a US federal employee and a Wells Fargo executive were blocked from exiting China in 2025 without charges. The decree, critics warn, marks a qualitative escalation in Beijing's domestic control architecture.
Key Takeaways
China's new exit ban decree took effect on 15 September 2026 , granting authorities broad power to bar nationals and foreigners from leaving the country.
Human Rights Watch says the decree relies on ill-defined national security grounds that fail to meet international human rights standards.
In July 2025 , a US federal employee and a Wells Fargo executive were blocked from leaving China without being charged with any offence.
Severe exit restrictions on Uyghurs in Xinjiang have persisted since authorities confiscated passports in 2016 .
Maya Wang , HRW Deputy Asia Director, warned the decree will intensify self-censorship among Chinese nationals and foreigners alike.
HRW is urging governments to press Beijing to repeal the rules and support citizens affected by arbitrary exit bans.
Human Rights Watch (HRW), the US-based international advocacy group, has raised serious concerns over a new Chinese government decree that took effect on 15 September 2026, granting administrative authorities broad powers to bar both nationals and foreigners from leaving China — in what HRW characterises as a violation of internationally protected freedom of movement.
What the New Decree Does
According to HRW, the decree enables Chinese authorities to impose exit restrictions on individuals for what the rights group describes as 'ill-defined reasons of national security and risk'. The organisation argues that under international human rights law, any restriction on the right to leave a country must be both necessary and proportionate to a legitimate aim — a standard it says the new Chinese rules fail to meet.
Maya Wang, Deputy Asia Director at HRW, said: 'The Chinese government is tightening its rules to decide arbitrarily who can and cannot leave China, violating the internationally protected right to leave one's country. The authorities have increasingly subjected human rights defenders and ethnic minorities to restrictions and scrutiny of their international travel, but everyone, including foreigners, should worry about their ability to leave China.'
Foreign Nationals Already Affected
HRW highlighted that Beijing had already applied exit bans to specific foreign nationals without formal charges or justification. In July 2025, Chinese authorities blocked a US federal employee and a Wells Fargo bank executive from departing the country — neither of whom had been charged with any criminal offence, according to the rights group.
The pattern, critics argue, points to a systematic use of exit restrictions as an extrajudicial tool — one that the new decree now formally codifies and potentially expands.
A Decade of Tightening Controls
HRW noted that Chinese citizens — with the significant exception of those from Xinjiang and Tibetan areas — had enjoyed relatively easier international travel since 2002, when China's Ministry of Public Security introduced an 'on demand' passport application system. That relative openness has been progressively eroded over the past decade, the group said, with new travel restrictions imposed on religious minorities and human rights defenders.
In Xinjiang, the situation remains especially acute. Despite some Uyghurs reportedly being permitted to travel abroad in recent years, severe restrictions persist following the confiscation of previously issued passports by regional authorities in 2016. HRW described those conditions as ongoing and unresolved.
Chilling Effect on Expression and Academia
Beyond the immediate impact on individuals subjected to bans, HRW warned of a broader societal consequence. Wang said the decree 'will further chill expression and academic freedom, increasing self-censorship by Chinese nationals and foreigners fearful of being barred from leaving the country.'
The rights group called on concerned governments to formally press Beijing to repeal what it termed 'abusive rules' and to extend support to citizens affected by arbitrary restrictions.
International Response and What Comes Next
The decree has drawn renewed attention to China's expanding domestic control mechanisms at a moment of already strained ties between Beijing and several Western governments. Analysts note that the formalisation of exit-ban powers through an administrative decree — rather than criminal procedure — removes key legal safeguards that normally accompany detention or travel restrictions. How governments with nationals working or residing in China respond to HRW's call for diplomatic pressure will be closely watched in the weeks ahead.
Point of View
Ethnic minorities, and foreign nationals. By codifying exit restrictions under vague 'national security' language rather than criminal law, China insulates the mechanism from judicial review, removing the last procedural check on its use. For multinationals, foreign governments, and academic institutions with staff in China, the decree materially raises the cost of engagement. The deeper question mainstream coverage underplays is this: the decree arrives as Beijing is simultaneously courting foreign investment — a contradiction that will eventually force a reckoning for companies that have so far tolerated grey-zone risk in China.
NationPress
17 Sept 2026
Frequently Asked Questions
What does China's new exit ban decree do?
The decree, which took effect on 15 September 2026, gives Chinese administrative authorities broad powers to prevent both Chinese nationals and foreign nationals from leaving the country on grounds of national security and risk. Human Rights Watch says the criteria are vague and fail to meet international human rights standards requiring restrictions to be necessary and proportionate.
Are foreign nationals in China affected by the new exit rules?
Yes. HRW has documented cases of foreign nationals being subjected to exit bans without criminal charges, including a US federal employee and a Wells Fargo bank executive who were blocked from leaving China in July 2025. The new decree formally extends such powers to cover non-nationals.
Why is Human Rights Watch concerned about the decree?
HRW argues the decree violates the internationally protected right to leave a country by allowing restrictions based on ill-defined national security grounds without judicial oversight. The group also warns it will deepen self-censorship among both Chinese citizens and foreigners who fear being barred from departing.
What restrictions already exist for Uyghurs in Xinjiang?
Severe travel restrictions on Uyghurs in Xinjiang have been in place since 2016, when local authorities confiscated previously issued passports. HRW says that despite some Uyghurs reportedly being allowed to travel abroad in recent years, the broader restrictions remain largely intact.
What action is Human Rights Watch calling for?
HRW is urging governments with nationals in China to formally press Beijing to repeal what it describes as abusive exit-ban rules and to support citizens who have been subjected to arbitrary travel restrictions. The group says concerned states should make this a priority in diplomatic engagements with China.
