In a significant move with potential diplomatic implications, in November, President Joe Biden granted clemency to two Chinese nationals convicted of espionage-related crimes in the United States.
Yanjun Xu and Ji Chaoqun, both serving lengthy prison sentences for their roles in cases involving theft of trade secrets and intelligence activities, were released in November as part of what appears to be a broader agreement with Beijing.
The clemency announcement coincides with the return of three Americans previously detained in China on espionage and drug charges.
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Mark Swidan, Kai Li and John Leung were released and would soon “return and be reunited with their families for the first time in many years,” a spokesperson for the National Security Council said in November.
“Thanks to this Administration’s efforts and diplomacy with the PRC, all of the wrongfully detained Americans in the PRC are home,” the National Security Council spokesperson said.
Details of Clemency Orders
Yanjun Xu
Yanjun Xu, sentenced to 20 years in prison in November 2022 for attempting to steal aviation-related trade secrets, was granted a commutation to time served. Xu had been in custody since his arrest in 2018.
Under the terms of his release, Xu must depart the United States, remain outside its territories, and forfeit any claims to funds or property tied to his conviction. He is also prohibited from profiting off his story through books, films, or media productions.
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Ji Chaoqun
Ji Chaoqun, convicted in January 2023 of acting as an agent of a foreign government and lying to federal officials, had been serving an eight-year sentence. Ji, like Xu, was granted clemency under strict conditions, including immediate deportation and restrictions on reentry or financial gain related to his case.
Both Xu and Ji are subject to stringent post-release conditions, including permanent deportation and a waiver of any future claims against the United States. Additionally, any violation of these conditions could result in the reinstatement of their original sentences.
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