Initially Released on 06/02/2020; Updated on 08/14/2024

On May 29, the White House issued Presidential Proclamation 10043: Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China (PRC or China) effective June 1, 2020. This entry ban blocks certain Chinese students and researchers associated with entities that implement or support the China’s “Military-Civil Fusion” strategy from using F or J visas to enter the United States. 

Specifically, the proclamation applies to:

  • Graduate level and higher students and researchers from China applying for visas or seeking entry into the United States; and,
  • Who are or have been funded by, employed by, studied or conducted research at or on behalf of, an entity that implements or supports China’s Military-Civil Fusion strategy.

For the purposes of the proclamation, Military-Civil Fusion strategy means “actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC's military capabilities." The Military-Civil Fusion strategy is a Chinese government strategy to circumvent U.S. export control laws. For national security reasons, the Departments of Defense, State, Commerce and Treasury continue implementing export controls on “critical” and “emerging” technologies and military end-use and end users (15 CFR 744 Supplement 7).1 A Chinese individual is considered to have a connection to a Military-Civil Fusion entity if he or she is or has been funded by, employed by, studied or researched at, or on behalf of, such an entity.

The proclamation does not apply to:

  • U.S. citizens or lawful permanent residents;
  • The spouses of U.S. citizens or lawful permanent residents and other special categories listed in the proclamation;
  • Individuals pursuing undergraduate study;
  • Individuals in the U.S. currently pursuing study or research in F or J status. However, the Department of State may revoke visas of Chinese nationals to whom the proclamation would otherwise apply and who are currently in the U.S. in F or J status. 

Chinese students and researchers who have attended public universities that are supported by or overseen by China’s Ministry of Industry and Information Technology or who have received funding from the China Scholarship Counsel are more likely to be impacted by the proclamation.

Institutional Impact

The proclamation is a travel/entry ban. It does not immediately impact Chinese students or researchers currently in the U.S. but may impact those who leave and attempt to re-enter.  As such, while there is no impact to Chinese individuals who are currently in the U.S. and who continue to maintain valid F and J immigration status with UMass, those who plan to travel internationally for any purpose, should assess the risks associated with that travel. Individuals who may have received an F or J visa and successfully entered the United States after June 1, 2020, are still at risk of having their F or J visa revoked if subsequent information reveals they are subject to the proclamation.

Campuses should continue to prepare new Chinese F-1 International Students and J-1 Exchange Visitors for visa processing delays including “administrative processing”, higher scrutiny on visa issuance at consulates, and possible denial of entry by Customs and Border Protection (CBP) even where they have a facially valid visa. Lastly, campuses should continue screening international visitors, collaborations and collaborators including agreements and memorandums of understanding (MOUs) using the restricted party screening software – Visual Compliance.  Please contact your campus export control or research security office for further information.

Additional References

The Office of General Counsel is available to discuss the issues addressed in this Legal Alert with campus officials. If you would like OGC assistance, please submit your question through our Request Legal Advice link.

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    The US Department of Commerce’s Bureau of Industry and Security (“BIS”) has issued two proposed rules amending the Export Administration Regulations (“EAR”) to impose expansive new controls on US persons’ activities in connection with non-US military, security, and intelligence end users and end uses, as well as new end user-, end use-, and list-based controls applicable to items subject to the EAR. These new controls would apply to more categories of activities and end users/end uses in more countries than the existing controls (See: BIS Proposed Rule 1 and Rule 2). In addition, the US Department of State’s Directorate of Defense Trade Controls (“DDTC”) has issued a complementary rule revising the definition of “defense services” in the International Traffic in Arms Regulations (“ITAR”) as well as the US Munitions List to clarify the scope of which services are controlled under the ITAR versus the EAR and to classify new types of services related to intelligence and military (including paramilitary) assistance as defense services. The proposed controls on intelligence and military defense services would not necessarily require that the services involve defense articles (See State Proposed Rule).