American Citizen Services

Emergencies

Arrest & Detention

If an American citizen is detained by Chinese authorities, the Embassy does all it can to assist. In conformance with the U.S.-PRC Consular Convention, Chinese authorities must report the detention of a U.S. citizen to the Embassy no later than four days from the date of arrest or detention. An Embassy officer will visit American detainees and provide a list of sources of legal advice or assistance. In cases of lengthy incarceration, we visit American prisoners at least every 30 to 60 days to ensure that American citizens receive treatment no worse than that accorded citizens of the PRC.

CRIMINAL PENALTIES: While in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which, in China, differ significantly from those in the United States and do not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating China’s laws, even unknowingly, may be expelled, arrested or imprisoned. Penalties for possession of, use of, or trafficking in illegal drugs in China are severe, and convicted offenders can expect long jail sentences and heavy fines. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime, prosecutable in the United States. Please see our information on Criminal Penalties.

On March 1, 2006, a new Public Security Law went into effect that gives police new powers relating to the commission of a wide range of offenses, including the authority to detain and deport foreigners. The list of offenses has been expanded to include certain religious activities and prostitution-related crimes.

Americans in China, who are not staying at hotels, including Americans who are staying with friends or relatives, must register with local police as soon as they arrive. Otherwise, they may be fined up to 500 RMB per day.

Americans who are questioned by police should immediately notify the U.S. Embassy or the nearest consulate. Foreigners detained for questioning may not be allowed to contact their national authorities until the questioning is concluded. Foreigners who are detained pending trial have often waited over a year for their trial to begin. Foreigners suspected of committing a crime are rarely granted bail. Criminal punishments, especially prison terms, are much more severe than in the United States. Persons violating the law, even unknowingly, may be expelled, arrested or imprisoned. Criminal penalties for possession, use, or trafficking of illegal drugs are strict, and convicted offenders can expect severe jail sentences and fines. Non-American foreigners have been executed for drug offenses. Several Americans currently incarcerated in China have been implicated in financial fraud schemes involving falsified bank or business documents, tax evasion schemes and assisting alien smuggling, including selling passports to provide aliens with travel documents.

In the past, protesters detained for engaging in pro-Falun Gong activities have been quickly deported from China after being questioned. Several of these protesters alleged they were physically abused during their detention. In addition, they allege that personal property, including clothing, cameras, and computers have not always been returned to them upon their deportation. Chinese authorities report that while they have deported these foreigners quickly after public demonstrations in favor of the Falun Gong, future adherents who intentionally arrive in China to protest against Chinese policy may receive longer terms of detention and possibly face prison sentences. In one instance, an American Falun Gong practitioner who was traveling in China on personal business was detained and asked to provide information on other Falun Gong sympathizers in the United States. Several Americans have been detained and expelled for passing out non-authorized Christian literature. Sentences for distributing this material may range from three to five years imprisonment, if convicted.

Victims of Crime

If an American is a victim of crime in China, he or she should contact the police in their local area. Everywhere in China, the Police Emergency Number is: 110. In such situations, Americans may also need to contact a doctor and/or a lawyer. Please see our list of Medical Facilities and Doctors for doctors, dentists, and hospitals known to treat foreigners. Please see Law Firms in China for a list of law firms in your area. It is not necessary for Americans who are victims of crime in China to contact the Embassy.

Emergency Funds

The fastest and most efficient method to send money internationally, including to China, is via Western Union. Although slower than Western Union, the U.S. Department of State can assist relatives in the U.S. who wish to send money in an emergency. The Embassy cannot cash checks. If for some reason an American citizen becomes destitute in China, the American Citizens Services (ACS) Unit can assist in contacting family members or friends who can send money. For more information on transferring money overseas, please see our section on sending emergency funds to China>>