Detailed Implementation Rules for the Counter-Espionage Law

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Title: Detailed Implementation Rules for the Counter-espionage Law of the P.R.C.
Promulgating Entities:State Council
Reference number: 令第692号
Promulgation Date: 2017-11-22
Expiration date: 
Source of text: http://www.gov.cn/zhengce/content/2017-12/06/content_5244819.htm

Contents

Detailed Implementation Rules for the Counter-espionage Law of the P.R.C.

Chapter I: General Provisions

Chapter II: Functions and Powers of State Security Organs in Counter-Espionage Efforts

Chapter III Citizens and Organizations; Obligations and Rights in Maintaining National Security

Chapter IV: Legal Responsibility

Chapter V: Supplementary Provisions

 

Detailed Implementation Rules for the Counter-espionage Law of the P.R.C.

Chapter I: General Provisions

Article 1: These detailed implementation rules are drafted on the basis of the "People's Republic of China Counter-espionage Law" (hereinafter simply "Counter-espionage Law").

Article 2: The state security organs are responsible for the implementation of these detailed implementation rules.

Public security, secrets administration, and other relevant departments and relevant military departments are to follow their professional divisions of labor, closely collaborate, strengthen coordination, and do their work well in accordance with law.

Article 3: "Foreign institutions and organizations" as used in the "Counter-espionage Law" includes foreign institutions and organizations that have established branch (representative) bodies and branch organizations in the mainland territory of the People's Republic of China; "Foreign Individuals" includes persons living within the mainland territory of the People's Republic of China who do not have P.R.C. citizenship.

Article 4: "Espionage organization agents" as used in the "Counter-espionage Law"refers to persons that espionage organizations or their members have directed, entrusted, or funded to carry out or inspire or direct others to carry out activities that endanger the national security of the People's Republic of China.

Espionage organizations and espionage organization agents are to be designated by the competent departments for national security under the State Council.

Article 5: "Hostile organizations" as used in the "Counter-espionage Law" refers to organizations hostile to the people's democratic dictatorship and socialist system of the People's Republic of China, endangering national security.

Hostile organizations are to be designated by the competent departments for public security under the State Council.

Article 6: The "funding"of the implementation of espionage conduct that endangers national security of the P.R.C. as used in the "Counter-espionage Law", refers to domestic or foreign institutions, organizations, or individuals with the following conduct:

(1) Providing funds, venues, or materials to organizations or individuals carrying out espionage conduct.

(2) Providing funds, venues, or materials to organizations or individuals to be used for carrying out espionage conduct;.

Article 7: "Colluding" to implement espionage conduct that endangers national security of the P.R.C. as used in the "Counter-espionage Law", refers to domestic or foreign organizations or individuals with the following conduct:

(1) Jointly plotting or conducting espionage activities that endanger national security with foreign institutions, organizations, or individuals;

(2) Accepting funding or direction foreign institutions, organizations, or individuals to conducting espionage activities that endanger national security;

(3) Establishing contact with foreign institutions, organizations, or individuals, and obtaining support or assistance to conduct espionage activities that endanger national security.

Article 8: The following are 'conduct other than espionage conduct which endangers national security' as used in article 39 of the "Counter-espionage Law":

(1) Organizing, plotting, or carrying out division of the country, undermining national unity, subversion of state power, or overthrow of the socialist system;

(2) organizing, plotting, or carrying out terrorist activities that endanger national security;

(3) Fabricating or distorting facts, publishing or disseminating text or information that endangers national security, or creating, transmitting, or publishing a/v products or other publications that endanger national security;

(4) Using the establishment of social groups, enterprises, or public organizations to carry out activities endangering national security;

(5) Using religion to carry out activities endangering national security;

(6) Organizing or using cults to carry out activities endangering national security;

(7) Creating ethnic disputes, inciting ethnic divides, and endangering national security;

(8) Where foreign individuals violate the relevant provisions, do not heed discouragement, and, without authorization, meet with mainland persons who have conduct endangering national security or who are strongly suspected of having conduct endangering national security.

Chapter II: Functions and Powers of State Security Organs in Counter-Espionage Efforts

Article 9: Where it is found that foreign individuals might conduct activities endangering the national security of the P.R.C. after entering the mainland, the competent departments for national security under the State Council may decide that they must not enter the mainland for a certain period of time.

Article 10: In accordance with article 8 of the "Counter-espionage Law" ,state security organs may issue a wanted notice and pursue criminal suspects who betray the motherland and endanger national security.

Article 11: When conducting counter-espionage tasks in accordance with law, the state security organs have the right to investigate and make inquiries to relevant organizations and personnel about relevant circumstances.

Article 12: When conducting counter-espionage tasks in accordance with law, the staff of state security organs may inspect items on the person of those who are suspected of conduct endangering national security and whose identity is unclear.

Article 13: Vehicles used by state security organs in carrying out urgent counter-espionage tasks may be equipped with special transit clearance insignia, lights, and sirens.

Article 14: The conduct of the state security organs personnel lawfully carrying out counter-espionage tasks are not to be illegally interfered with by other organizations and individuals.

When lawfully carrying out counter-espionage tasks, state security organ personnel shall present Ministry of State Security investigation certificates or other relevant documents.

State security organs and their personnel shall strictly handle matters in accordance with law when working, and must exceed or abuse their authority, and must not infringe the lawful rights and interests of organizations or individuals.

Chapter III Citizens and Organizations; Obligations and Rights in Maintaining National Security

Article 15: State organs, groups and other organizations' shall accept the state security organs coordination guidance of efforts to educate their units' personnel on the maintenance of State security, and to mobilize and organize them to prevent and stop espionage activity.

Where organs, groups, or other organizations do not perform the security precaution obligations provided for in the "Counter-espionage Law" and these detailed implementation rules, and fail to make required reforms or fail to meet reform requirements, the state security organs may give a talking to the responsible party, and report on this to the competent department at the level above that unit, to promote the implementation of responsibility for precautions against espionage conduct and other conduct endangering national security.

Article 16: The following situations are "major contributions" as provided for in article 7 of the "Counter-espionage Law"

(1) Providing important leads to state security organs, discovering or cracking serious criminal cases of endangering national security;

(2) Providing important circumstances to state security organs, preventing or stopping the serious criminal acts endangering national security from security;

(3) Closely collaborating with state security organs to carry out national security tasks, with outstanding performance;

(4) Struggling against criminals endangering national security, in order to preserve national security, with outstanding performance;

(5) Having notable achievements in efforts to educate, mobilize, or organize, that unit's staff for prevention and stopping of conduct that endangers national security.

Article 17: "Unlawful possession of documents, materials, or other items, that are state secrets", as used in article 24 of the "Counter-espionage Law" .

(1) Where persons who should not know of a certain state secret carry or keep documents, materials, or other items that fall under that state secret;

(2) Where, on their own accord and without completing formalities, persons who are allowed to know of a certain state secret carry or retain documents, materials, or other items that fall under that state secret;

Article 18: "Special-purpose espionage equipment" as used in article 25 of the "Counter-espionage Law" refers to the following equipment required for the conduct of espionage activities:

(1) hidden eavesdropping or photography equipment;

(2) burst transceivers, disposable code books, steganographic tools;

(3) electronic monitoring and interception equipment used for obtaining intelligence;

(4) other special-purpose espionage equipment.

The competent departments for national security under the State Council are to designate special-use espionage equipment.

Chapter IV: Legal Responsibility

Article 19: The carrying out of conduct endangering national security is to be punished by the relevant departments in accordance with law, the state security organs may also give warnings; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 20: The following situations are "meritorious service" as provided for in article 27 of the "Counter-espionage Law":

(1) exposing or reporting on other criminals who endanger national security; where the situation is true;

(2) Providing important leads or evidence causing conduct endangering national security to be discovered and stopped;

(3) Assisting the state security organs and judicial organs in capturing other criminals endangering national security;

(4) Other conduct that has an important role in assisting the state security organs in preserving national security.

"Major meritorious service" refers to performance within the scope listed in the preceding paragraph that play an especially important role in national security efforts.

Article 21: Where there is evidence showing one clearly knew that others exhibited espionage conduct, or after the state security organs have clearly informed someone that others are exhibiting criminal conduct endangering national security,but they refuse to provide relevant evidence when the state security organs are investigating the circumstances or gathering evidence from them, it is to be dealt with in accordance with article 29 of the "Counter-espionage Law".

Article 22: When state security organs lawfully carry out counter-espionage efforts, citizens and organizations have a lawful obligation to provide conditions facilitating them or other assistance, and where refusals to so provide or assist constitutes the intentional obstruction of state security organs lawful carrying out of counter-espionage tasks, it is to be punished in accordance with article 30 of the "Counter-espionage Law".

Article 23: Where intentional obstruction of state security organs carrying out counter-espionage tasks causes physical harm or property damage to state security organ personnel, they shall bear responsibility for compensation in accordance with law, and the judicial organs or state security organs are to give punishments in accordance with article 30 of the "Counter-espionage Law".

Article 24: The state security organs may decide that persons suspected of espionage conduct must not leave the mainland within a certain period of time. For foreign individuals who violate the "Counter-espionage Law," the competent departments for national security under the State Council may decide to have them leave the mainland within a certain period of time or to deport them, and may decide that they must not enter the mainland for a certain period of time. Foreign individuals who have been deported must not enter the mainland within 10 years from the day they were deported.

Chapter V: Supplementary Provisions

Article 25: The relevant provisions of these detailed implementation measures apply to state security organs and public security organs following laws, administrative regulations and relevant national provisions to perform their duty to prevent, stop and punish activity other than espionage conduct that endangers state security.

Article 26: These detailed implementation measures are to take effect on the date they are promulgated. At the same time, the "Detailed Implementation Rules for the National Security Law of the People's Republic of China" issued by the State Council on June 4, 1994, are abolished.

 

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