In recent years, a number of Japanese nationals have been detained in China and sentenced to prison. Some cases have raised concerns that the charges may have been brought arbitrarily.
In May, Chinese customs authorities detained two Japanese nationals in Dalian, Liaoning Province.
The two men are employees of the major electrical equipment manufacturer Fuji Electric. They are believed to have been found to be in violation of Chinese regulations for allegedly attempting to take items related to rare earths out of the country—materials subject to tightened export controls.
Reporting System for Violations
Beijing has repeatedly used export restrictions on rare earths and other critical materials as a tool of economic leverage against other countries.
Against this backdrop, China’s Ministry of Commerce issued a public notice on June 24 encouraging reports of suspected violations of export controls on rare earths and other strategic minerals.
Individuals who report violations under their real names are eligible for rewards if the information proves accurate, while voluntary self-reporting may be treated as a mitigating factor in sentencing.
The detention of the two Japanese nationals is being viewed in the context of these broader developments.
2010 Senkaku Incident
In 2010, following a collision involving a Chinese fishing vessel near the Senkaku Islands, the Japan Coast Guard arrested the vessel’s captain.
Shortly afterward, Chinese authorities detained four Japanese employees of a construction company in Hebei Province on suspicion of entering a military-restricted area.
At the time, the detentions were widely seen as retaliation or bargaining leverage. After Japan released the captain without charge, the four Japanese nationals were also freed.
Since China enacted its Anti-Espionage Law in 2014, at least 17 Japanese nationals have been detained, and 12 have been sentenced to prison. The law’s definition of espionage-related offenses is vague, allowing for broad and potentially arbitrary enforcement.
Legal Ambiguity
Similar concerns apply to charges of smuggling prohibited import or export goods, which the two Fuji Electric employees are accused of violating.
Although China’s Ministry of Commerce has maintained that export controls targeting Japan do not affect civilian goods, trade in some civilian products has reportedly already been disrupted.
In January this year, the Chinese government strengthened export restrictions on rare earths and other materials, amid criticism of Prime Minister Sanae Takaichi over remarks made in the Diet regarding a potential Taiwan contingency.
Japan should be prepared for the possibility that detentions of its nationals in China will continue. If enforcement ultimately hinges on the discretion of Chinese authorities, it becomes extremely difficult to respond effectively.
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(Read the related editorial in Japanese.)
Author: The Sankei Shimbun