In an Issue Brief titled "China's Foreign Missions in the United States," Lauren (Greenwood) Menon and Jonathan Roberts stated that the 17 Chinese entities labeled as foreign missions have enjoyed more freedom in the U.S. compared to U.S. diplomats in China, raising questions about the lack of reciprocity. The Issue Brief was published by the U.S.-China Economic and Security Review Commission on July 17.
According to the brief, 17 Chinese entities, including media outlets and organizations, were designated as "foreign missions" by the U.S. Department of State under the Foreign Mission Act (FMA) of 1982. The FMA defines a foreign mission as, "Any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by— (A) a foreign government, or (B) an organization (other than an international organization […]) representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States." Chinese foreign missions are subject to regulations and oversight but now maintain the same status as Chinese embassies in the U.S., offering the Chinese Communist Party (CCP) more influence on American politicians and businesses.
The brief noted that U.S. diplomats face supervision and restrictions in China, while Chinese foreign missions in the U.S. do not sustain similar treatment. The State Department updated FMA rules in 2019 to require Chinese foreign mission members to report any meetings with U.S.-based state and local government officials, universities, colleges, and research institutions. Additionally, Chinese military personnel must notify the Office of Foreign Missions (OFM), within the State Department, of any travel plans outside a 25-mile radius. In 2020, OFM discovered that the Chinese consulate in Houston was attempting to steal intellectual property from U.S. research institutions, universities, and businesses.
China has responded to these actions by expelling U.S. journalists after limitations were placed on Chinese citizens working for state-run media and closing its consulate in Chengdu following the shutdown of China's Houston Consulate by the U.S., according to Menon and Roberts' brief. Furthermore, China imposed new publication restrictions on U.S. diplomats and announced new requirements for foreign missions in Hong Kong in 2023, aligning its policies with mainland China.
Jacob Helberg of the U.S. Commission for Economic and Security Issues told Federal Newswire: "China will never comply, so that day will never come. They didn't comply in 2005. They didn't comply in 2015. They're not going to comply in 2025." Helberg also said every year "China fails to comply with its World Trade Organization (WTO) commitments." Helberg joined the China Desk podcast on July 15.
Lauren Menon is a former policy analyst focusing on security and foreign affairs at the U.S.-China Economic and Security Review Commission (USCC), which was created by Congress to report on national security implications between the U.S. and China. Jonathan Roberts is a congressional liaison at USCC.
