Flags of the US and China. Yonhap News

A Chinese-American employee at the U.S. Department of Commerce has been barred from leaving China for several months after traveling there for personal reasons, the Hong Kong-based South China Morning Post (SCMP) and the Wall Street Journal (WSJ) reported on the 20th (local time).

Citing multiple sources familiar with the situation, the reports stated that the individual, an employee at the U.S. Patent and Trademark Office (USPTO) under the Department of Commerce, visited China to see family several months ago and has since been unable to depart.

The SCMP reported that the man was detained by authorities immediately upon his arrival in Chengdu, Sichuan province, last April. Sources said that while the exact reason for the exit ban could not be confirmed, it appears related to activities deemed harmful to national security by Chinese authorities.

Sources contacted by the WSJ stated that the individual was hit with an exit ban because he failed to disclose his employment with the U.S. government on his visa application.

According to the SCMP, the patent office employee is a naturalized U.S. citizen originally from China, has served in the U.S. Army, and has previously traveled to China for personal visits to relatives. His wife is reported to reside in the United States.

Following the initial exit ban in Chengdu, the man reportedly traveled to Beijing with U.S. officials, but his current whereabouts remain unknown.

The WSJ noted that individuals under exit bans in China are usually allowed to move freely within the country and may meet with consular officials or journalists, but they remain under government surveillance and can sometimes wait years for the ban to be lifted.

Sources told the WSJ that this case involving a USPTO employee is highly unusual, as it involves a serving U.S. federal government official.

The SCMP reported that this is the first publicly known instance of a U.S. government employee being subjected to an exit ban by Chinese authorities.

"These incidents happen more frequently to business people," said Dennis Wilder, a senior fellow at Georgetown University who previously served as the CIA’s China mission manager and as a senior director for Asian affairs at the White House. He told the SCMP that he had never encountered a case involving a U.S. government official among the exit bans on Americans in China that he was aware of.

Wilder added that it is unlikely the Commerce Department employee was involved in intelligence gathering.

China's use of exit bans against citizens of the U.S. and other Western nations has long been a source of diplomatic friction.

Under China's Exit and Entry Administration Law, foreigners involved in unresolved civil disputes or those under investigation or on trial for criminal matters can be prohibited from leaving the country.

However, Western officials and human rights organizations have criticized China for using exit bans as a tool of arbitrary coercion. In particular, concerns have been raised that with China's recent strengthening of its counter-espionage law, foreign business personnel face an increasing risk of being branded as spies for activities that are considered legal elsewhere, such as conducting market research.

Recently, Mao Chenwei, a Shanghai-born Chinese-American executive at Wells Fargo, was hit with an exit ban for undisclosed reasons after arriving in China a few weeks ago. Consequently, Wells Fargo has temporarily suspended business travel to China for its employees.

Experts and former U.S. officials stated that there are at least dozens of Americans currently banned from leaving China, most of whom are of Chinese descent.

The WSJ reported that Chinese-American citizens face additional pressure in China because the government tends to view them as Chinese nationals rather than as U.S. citizens.

During a briefing on the 21st, the Chinese Foreign Ministry stated it had "no specific situation to provide" regarding the exit ban on the Department of Commerce employee, but offered a relatively detailed explanation concerning the case of the Wells Fargo executive.

Foreign Ministry spokesperson Lin Jian stated, "Mao Chenwei is involved in a criminal case being handled by China, and Chinese law enforcement agencies have taken exit restriction measures." He added, "The case is under investigation in accordance with Chinese law; Ms. Mao is unable to leave for the time being and has an obligation to cooperate with the investigation."

The spokesperson added, "Whether they are Chinese or foreign nationals, they must abide by Chinese laws while in China. This is an individual judicial case. I would like to emphasize that China, as always, welcomes people from all countries to come to China for travel and business, and we guarantee their rights and interests."

Yonhap News