Title: Opinions on Appropriately Limiting Specified Seriously Untrustworthy Persons from Taking Civil Aircraft, and Promoting The Establishment of the Social Credit System Promulgating Entities:National Development and Reform Commission, Supreme People's Court，Ministry of Finance, et al. Reference number: FaGaiCaiJin (2018) No. 385 Promulgation Date: 2018-3-2 Expiration date: Source of text: http://www.ndrc.gov.cn/zcfb/zcfbtz/201803/t20180316_879624.html
FaGaiCaiJin (2018) No. 385
To the units that are leading the way in the establishment of a social credit system, civilization offices, High People's Court, finance offices (bureaus), offices (bureaus) of human resources and social security, state administration of taxation bureaus, local taxation bureaus, each local office of the Securities and Futures Commission, each regional administration of civil aviation; each airline transport company (gm), airport company, China civil aviation information group, and airport public security bureau, of each province, autonomous region, directly governed municipality, and the Xinjiang Production and Construction Corps:
The following Opinions on restricting air travel by specific seriously untrustworthy persons are hereby made so as to deeply emulate Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the spirit of the 19th Party Congress, to implement General Secretary Xi Jinping's important instructions on building a credit punishment structure in which 'untrustworthiness in one area, leads to restrictions everywhere", to follow the requirements of the "The State Council Guiding Opinions on Establishing and Improving Systems of Joint Incentives for Trustworthiness and Joint Disciplinary Action for Untrustworthiness and Accelerating the Establishment of the Social Credit System" (GuoFa (2016) No. 33), to prevent the negative impact of some passengers' violations of law on civil air flight safety, and to further increase the extent of punishment of against seriously untrustworthy conduct in other fields.
I. Scope of restrictions
(1) Travelers who are given administrative punishments by the public security organs or are pursued for criminal responsibility for carrying out the following acts in airports or on aircraft
1. Fabricating or intentionally transmitting fake terrorist information involving civil air defense security;
2. Using fabricated, altered Identity documents, or flight documents or impersonating others to board a plane;
3. Clogging, occupying, or attacking check-in counters, security check channels, boarding gates (channels);
4. Carrying on or checking dangerous items, contraband, or controlled items as provided for by laws or regulations, or intentionally concealing items that the state has no provisions for but are subject to civil aviation prohibitions or transport restrictions;
5. Forcibly boarding or intercepting aircraft, charging into or attacking the cockpit, runway, or apron;
6. Obstructing, or inciting others to obstruct, the performance of duties by flight crew, security check personnel, check-in attendants，and other such civil aviation personnel, carrying our threatening to carry out attacks on their person;
7. Forcibly occupying a seat or luggage rack, fighting or brawling and picking quarrels, intentionally causing damage, stealing, activating aircraft or air-control equipment without authorizations, or otherwise disturbing the order of the passenger cabin;
8. Using open flame, smoking, or using electronic equipment in violation of the rules aboard an aircraft, and not heeding dissuasion;
9. Stealing others possessions while aboard an aircraft.
(2) Persons responsible for serious untrustworthy violations in other areas;
1. Parties in major tax violation cases that have the capacity to perform but refuse to do so:
2. Persons responsible for seriously untrustworthy conduct in the field of financial capital management and use, that have situations of falsification, making false representations and claims, defrauding assets, withholding or misappropriation, being in arrears on matured debts to international finance organizations or foreign governments.
3. Persons responsible for seriously untrustworthy conduct that have the following circumstances in the field of social insurance: Employing units that have not followed the relevant provisions to participate in social insurance and refuse to make corrections; employing units that have not truthfully reported social insurance payment bases and fail to make corrections; those that should make social insurance contributions and have the ability to do so but refuse to make contributions; those who conceal, transfer, take, or misappropriate social insurance funds or violate provisions to invest them in operations; those who falsely acquire social insurance benefits by fraud or falsification of supporting materials, or other such tactics; social insurance service institutions that violate service agreements or relevant provisions; those refusing to assist social insurance administrative departments conducting investigations of accidents and issues;
4. Where fines imposed for securities or futures violations have not been paid over in the time allowed; and where responsible entities in publicly listed companies have not performed public commitments in the time allowed.
5. Those against whom the people's courts have followed provisions to lawfully employ spending restrictions in accordance with law, or have been lawfully entered into the Judgment Defaulters List.
6. Other persons responsible for seriously untrustworthy conduct that relevant departments have identified as restricted from travelling on civil aircraft, and where relevant departments accede to this document, it shall be clarified through modification of this document.
II. Information collection
(1) Collection of information related to untrustworthiness of civil aviation passengers
The Civil Aviation Administration shall coordinate with the public security organs and people's courts to establish information passing mechanisms. Where the public security organs give punishments or pursue criminal responsibility due to the conduct listed in part I(1) of these Opinions, the public security organs that made the punishment decision or the people's court that made the judgment is to send the list to the Civil Aviation Administration, and the Civil Aviation Administration is to follow the prescribed procedures to enter them in the list of persons restricted from air travel.
(2) Collection of information related to untrustworthiness in other areas.
The National Development and Reform Commission, the Supreme People's Court, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State Administration of Taxation, and the China Securities Regulatory Commission are to have the list of persons identified by that deparment as having seriously untrustworthy conduct so that they need to be included in the list of persons restricted from air travel placed on the national credit information sharing platform, and the platform is to send it to the Civil Aviation Administration, which will follow the proscribed procedures to enter them on the list of persons restricted from air travel. If data transmission channels have been previously established with the Civil Aviation Administration bringing about the sharing of list information, the traditional data channels and information sharing methods may be maintained, and the national credit information sharing platform will not redundantly send the list.
List information provided to Civil Aviation Administration shall include: The names, travel document numbers, reasons for inclusion for persons included in the list of persons restricted from air travel, and where there are legal documents that serve as the basis, the title and number of those legal documents shall also be provided. Relevant departments shall confirm the persons handling objections to the list, and notify the Civil Aviation Administration.
III. Publication of Enforcement and Rights Relief
On the first working day of eah month, the Civil Aviation Administration shall follow the prescribed procedures to publish the information on the list of persons restricted from air travel on the designated civil aviation website and on the "Credit China" website, and the department handling objections and its contact information shall be concurrently published. The period of public notice begins on the date on which the list is published and runds for 7 days, during the public notice period, those in the notice may submit objections to the relevant departments, and at the completion of the notice period, where those in the notice have not raised objections or where the submitted objections were not supported upon review, enforcement of the list is to begin. Where persons included in list of persons restricted from air travel think they were incorrectly included, they may submit it for review with the relevant organ or unit.
IV. Removal Mechanisms
Specific seriously untrustworthy persons are to be appropriately restricted from travel on civil aircraft for a certain period of time. After the relevant entities are removed from the list of persons for restricted air travel, measures restricting air travel are no longer to be applied against them, and the specific methods for removal are as follows:
(1) Where specific seriously untrustworthy persons are restricted from civil air travel due to seriously impacting civil aviation flight security or production safety, the effective period is one year, calculated from the date on which the public announcement period is completed, and automatically lifted at the completion of one year.
(2) For the list of persons restricted from civil air travel produced in other areas, the effective period is one year, calculated from the date on which the public announcement period is completed, and automatically lifted at the completion of one year; and where they complete performance of their legally-prescribed obligations during the effective period, the relevant departments shall notify the Civil Aviation Administration to remove them from the list within 7 days.
Where escorted criminal suspects or convicts need to travel by plane, a temporary lifting of restrictions shall be given after the escorting department applies to the Civil Aviation Administration.
V. Litigation Guidance
The Supreme People's Court is to strengthen guidance for each level of people's court, to handle civil and administrative litigation arising due to enforcement of the list of those restricted from air travel, clarifying trial standards, being a just judiciary , and preserving the lawful rights and interests of sides.
VI. Publicity Work
Units that are signatories to these Opinions, as well as each air transport company, airport, company, and associations related to civil aviation, shall, with the aid of all types of media platform, give play to the role of publicity in guiding public opinion, and vigorously carry out publicity spreading and education activities on credit in civil aviation. Organize pubic interest activities such as “Creditworthiness Activity Week” , “Safe Production Month”, “Sincere Trading Propaganda Week”, the “15 March” International Consumer Rights Protection Day, the “14 June” Credit Record Care Day, and the “4 December” National Legal System Propaganda Day, to systematically and selectively introduce and publicize the content and implementation status of the system for restricting aircraft travel, helping the broader public become familiar with and supervise the implementation of this system.
This notice takes effect on May 1, 2018.
The National Development and Reform Commission
Civil Aviation Authority
Central Civilization Office
Supreme People's Court
Ministry of Finance
Ministry of Human Resources and Social Security
State Taxation Administration
Securities and Futures Commission