On Friday, 30 June, the United States issued a warning regarding a newly
enacted Chinese counterespionage law, expressing concerns that American and
other foreign companies operating in China could face penalties from
Chinese authorities for their regular business activities, as reported
by *Nikkei
Asia
<https://asia.nikkei.com/Politics/International-relations/US-China-tensions/U.S.-warns-China-s-new-anti-espionage-law-puts-companies-at-risk>.*

The Chinese government recently passed an extensive update to its
anti-espionage legislation, which will come into effect on 1 July. The
updated law prohibits the transfer of any information related to national
security and broadens the definition of spying.

This year, China has also taken actions against American consultancy and
due diligence firms, which has caused unease among foreign investors in the
world's second-largest economy, as reported by business lobbies.

The US National Counterintelligence and Security Center (NCSC) issued a
bulletin stating that China perceives the outflow of data as a national
security risk.

It highlighted that the new and existing laws could compel Chinese
employees of foreign companies to assist Chinese intelligence efforts.

According to the NCSC, these laws grant the Chinese government broader
legal grounds to access and control data held by US firms in China.

It further warned that American companies and individuals in China could
face penalties for engaging in regular business activities deemed acts of
espionage by Beijing or actions that are believed to support foreign
sanctions against China.

The NCSC also pointed out that the vagueness of the law leaves room for
anything, including documents, data, materials, or items, to be considered
relevant to Chinese national security. This ambiguity puts journalists,
academics, and researchers at risk as well.

In response, the Chinese Embassy in Washington stated that Beijing has the
right to protect national security through domestic legislation.

The embassy spokesman emphasised China's commitment to opening up to
overseas investment and providing a law-based and international business
environment for companies from all countries, including the United States.

Chinese President Xi Jinping has placed significant emphasis on national
security since assuming office in 2012. As the rivalry between the United
States and China has intensified, suspicion of the US and its allies has
grown in China. Nevertheless, Beijing maintains that it is opening up to
foreign investment.

In light of these developments, the US State Department updated its travel
advisory for China on Friday (30 June), highlighting the increased "risk of
wrongful detentions" among its warnings for American citizens considering
travel to the country.

US Ambassador to China Nicholas Burns has characterised Beijing's targeting
of US companies as politically motivated and has indicated that Washington
will respond accordingly.

KR IRS 2723

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