USA: Visa Restrictions and Entity Listings Relating to Chinese Activities in South China Sea

On 26 August 2020, the US State Department announced visa restrictions on “individuals responsible for, or complicit in, either the large-scale reclamation, construction, or militarization of disputed outposts in the South China Sea, or the PRC’s use of coercion against Southeast Asian claimants to inhibit their access to offshore resource”. This includes inadmissibility to the USA for listed persons and visa restrictions for immediate family members. The persons listed remain confidential, but are inadmissible on the basis of US foreign policy concerns (senior State Department official; 8 USC 1182(a)(3)(c)).

On 26 August 2020, the US Department of Commerce announced that 24 Chinese companies were added to the Entity List (15 CFR 744.16) of the Export Administration Regulations on the basis “these entities enabled China to reclaim and militarize disputed outposts in the South China Sea” (85(167) Federal Register 52898). The US government determined it had “reasonable cause to believe, based on specific and articulable facts, that the entity has been involved, is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States” (15 CFR 744.11). A license is required, to the extent specified on the Entity List, to export, reexport, or transfer (in-country) any item subject to the Export Administration Regulations.

On the 27 August 2020, the Chinese Foreign Ministry Spokesperson called the measures “unjustified”.

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