Meaning
Administrative restrictions prevent specific individuals from departing the territory of the People’s Republic of China based on ongoing legal or financial disputes. These exit bans china are issued by courts or public security authorities to ensure a person remains available for a trial, an investigation, a tax audit or the settlement of a debt.
Legal Authority
The Exit and Entry Administration Law and the Civil Procedure Law provide the statutory basis for these measures. An exit bans china can be applied to both domestic citizens and foreign nationals involved in civil litigation or criminal proceedings. Courts may notify the border control authorities to add a name to the national database of restricted persons.
This prevents the individual from passing through customs at airports, seaports or land crossings.
Civil Enforcement
Creditors in a commercial dispute often request this measure to prevent a legal representative of a debtor company from leaving the country. The exit bans china serves to compel the performance of a court ordered judgment or to secure the presence of a person with knowledge of company assets. There is often no requirement for the individual to have committed a crime for the ban to take effect.
A person might only discover the restriction upon arrival at the airport.
Removal Process
Resolution of the underlying legal matter is usually the only way to lift the restriction. Once the court receives proof of payment or a settlement agreement, it issues a notice to the public security bureau to cancel the exit bans china. This administrative update can take several days to propagate through the border control system.
The restriction remains in force until the relevant authority enters the clearance into the central registry.
