The confiscation of foreign passports of persons involved in commercial disputes occurs in China. Under such circumstances, the U.S. government will issue another passport to any American citizen who applies for one. Even if a new U.S. passport is issued, the Chinese government may block departure. U.S. citizens who are also Chinese nationals have experienced difficulty entering and departing China on U.S. passports and some U.S. passports have been seized by Chinese authorities. Dual nationals may be subject to Chinese laws which impose special obligations.
China requires that such persons travel on Chinese documentation.
The United States requires that all U.S. citizens enter and depart the U.S. on U.S. passports. Under the U.S.- PRC Consular Convention, dual nationals who enter China using a U.S. passport and a valid PRC visa would generally be considered and treated as U.S. citizens throughout their stay in China. Dual nationals who enter China on a Chinese passport will always be considered and treated as Chinese nationals, and the ability of the U.S. Embassy or Consulate to provide normal consular services would be extremely limited should the individual encounter difficulties with Chinese authorities. Children who are born in the United States of Chinese national parents who are neither U.S. legal permanent residents or naturalized U.S. citizens are not recognized as U.S. citizens under Chinese nationality law. Although Chinese visas may be issued to them in their U.S. passports in error, those children will be treated solely as Chinese nationals by Chinese authorities when in China.