Tibet Autonomous Region Regulations on Counter-espionage Security Precautions

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Chapter I: General Provisions

Article 1: 为了贯彻落实总体国家安全观,维护祖国统一、反对分裂,维护国家主权、安全和发展利益,维护社会和谐稳定,加强反间谍安全防范工作,防范、制止间谍行为和利用宗教进行危害国家安全活动、制造民族纠纷、煽动民族分裂等其他危害国家安全的行为,根据《中华人民共和国国家安全法》《中华人民共和国反间谍法》《中华人民共和国反间谍法实施细则》等法律法规,结合自治区实际,制定本条例。

Article 2: These Regulations apply to efforts on counter-espionage security precautions in the autonomous region's administrative regions.

本条例所称反间谍安全防范工作,是指在各级党委、人民政府领导下,加强国家安全人民防线建设,组织动员机关、人民团体、企业事业单位、其他社会组织和公民防范、制止间谍行为和利用宗教进行危害国家安全活动、制造民族纠纷、煽动民族分裂等其他危害国家安全的行为,维护国家安全的活动。

Article 3: Counter-espionage security precaution work is to persist in having the party guide, the government promote, department's acting together, and public participation; and persist in combining specialized work and the mass line, and adhere to the principle of emphasizing prevention and addressing both symptoms and root causes.

Counter-espionage security precautions efforts shall be conducted in accordance with law, respect and protect human rights, and safeguard the lawful rights and interests of citizens and organizations.

Article 4: People's governments at the county level and above shall strengthen counter-espionage security precaution efforts, establish and complete coordination mechanisms for counter-espionage security precautions, research and resolve major issued in counter-espionage security precaution efforts; and ensure the necessary costs for counter-espionage security precaution work.

Article 5: State security organs are the organs in charge of counter-espionage work, responsible for coordination and guidance, oversight and inspections in accordance with law of counter-espionage security precaution efforts within the corresponding administrative region,

Article 6: The departments for public security and the departments for the administration of secrets shall closely cooperate with the state security organs to complete counter-espionage security precaution efforts in accordance with their duties and division of labor; and other relevant departments are to complete counter-espionage security precaution efforts within the scope of their respective duties.

Article 7: State organs, people's groups, enterprises, public institutions, and other social organizations shall implement anti-espionage precaution measures, and perform anti-espionage precaution obligations. Citizens have the obligation to preserve the nation's security, honor, and interests, and must not act to endanger the nation's security, honor, and interests.

Article 8: State organs, people's groups, enterprises, public institutions, and other social organizations that make outstanding contributions to counter-espionage security precaution efforts are to be given commendations and awards in accordance with the relevant provisions of the state and autonomous region.

Article 9: The autonomous region shall strengthen military-civilian integration in counter-espionage security precautions, to advance the joint construction and sharing of infrastructure; overall planning of social service safeguards, cooperation on public safety in military sites, and integrated construction of border and civil defense; to solidify military-government and military-civilian teamwork, and increase the overall capacity for counter-espionage security precautions.

 

Chapter II: Duties and Obligations

Article 10: People's governments at the county level and above shall include counter-espionage security precaution work in peaceful construction reviews, and organize a responsibility system for the implementation of counter-espionage security precaution efforts at that level and in lower levels of government.

县(区)人民政府应当将反间谍安全防范工作纳入网格化社会治理体系,明确网格管理人员在反间谍安全防范方面的宣传教育、信息采集、隐患排查、线索报告、协调配合等工作职责,落实反间谍安全防范网格化管理措施和要求。

乡(镇)人民政府、街道办事处应当将反间谍安全防范工作纳入网格管理,指导村(居)民委员会开展群众性反间谍安全防范宣传教育工作。

Article 11: 各级人民政府应当加强边境国家安全人民防线建设,建立健全宣传教育、群防群治、表彰奖励等反间谍安全防范工作机制,维护边境安全。

各级人民政府应当增强边民国家意识、国民意识、国防意识、国家安全意识、保密意识、法律意识,鼓励和引导有关单位和边民发现并报告涉嫌间谍行为的信息和线索,协助防范、制止间谍行为。

Article 12: The state security organs shall perform the following duties in accordance with law during efforts on counter-espionage security precautions.

(1) Draft guidance and specifications for counter-espionage security precaution efforts;

(2) Promote and guide the organization and construction of a national security civil defense line;

(3) Coordinate and guide the relevant departments' oversight of the implementation of counter-espionage security precaution obligations in their systems and fields;

(四)指导和监督机关、人民团体、企业事业单位和其他社会组织履行本条例第十三条规定的反间谍安全防范义务;

(五)会同保密行政管理部门制定自治区反间谍安全防范重点单位名录,指导和监督反间谍安全防范重点单位履行本条例第十四条规定的反间谍安全防范义务;

(6) Provide professional support to relevant units' counter-espionage security precaution work;

(7) Carry out counter-espionage security precaution effort inspections and technical testing in accordance with law, urging relevant units to correct latent security threats;

(八)会同有关部门建立健全反间谍安全防范协作机制,分析研究间谍窃密风险等反间谍安全防范形势,完善反间谍安全防范措施;

(9) Organize and carry out publicity and education on counter-espionage security precautions;

(十)会同有关部门建立健全反间谍安全防范信息通报和执法协作机制,加强信息共建共享、技术支持、工作会商、联合督查;

(11) Other counter-espionage security precaution duties that shall be performed in accordance with law.

Article 13: State organs, people's groups, enterprises, public institutions, and other social organizations shall perform the following counter-espionage obligations:

(1) Establish and improve the organization of the National Security People's Defense Line, clarifying the liaison institutions and personnel, and establishing and completing anti-espionage security precaution systems;

(二)加强对涉外和涉密事项、涉密岗位和人员的管理,对涉外、涉密人员开展反间谍安全防范培训、考试,组织涉密人员签定安全保密责任书;

(3) Strengthen counter-espionage security precaution efforts in foreign exchanges and cooperation, and formulate and implement counter-espionage security precaution measures;

(4) Conduct periodic self-inspections on counter-espionage security precaution efforts, promptly eliminating any latent security threats.

(五)开展出国(境)团组、人员的行前教育、归国访谈和长期驻外人员的教育管理工作;

(六)开展反间谍安全防范宣传教育,提高本单位人员的防范意识和能力;

(7) Implement online anti-espionage safety precaution measures;

(8) Complete non-traditional counter-espionage security precaution efforts including the biological, ecological, resources, and energy.

(9) Cooperate with state security organs in lawfully carrying out efforts;

(10) Other counter-espionage security precaution obligations that shall be performed.

教育、科技、自然资源、商务、旅游、外事、宗教、通信管理等主管部门除应当履行本条第一款规定的反间谍安全防范义务外还应当根据本系统、本领域特点,指导、督促本系统、本领域单位开展反间谍安全防范工作。

机关、人民团体、企业事业单位和其他社会组织的法定代表人或者主要负责人对本单位的反间谍安全防范工作全面负责。

Article 14: Critical organs, economic and finance departments, institutions of higher learning, border units, and units engaged in work involving state secrets, that are entered into the autonomous region's directory of critical units for anti-espionage security precautions shall perform the following counter-espionage security precaution obligations in addition to following article 13 of these Regulations:

(1) Establish and complete systems for reporting on major matters on personnel involved with foreign interests or secrets, periodically reporting on these personnel for the record, and conducting dynamic management of their data and information;

(2) Carrying out counter-espionage security precaution reviews for planned recruitment or adjustments of personnel in positions related to secrets;

(3) Implement efforts on the management of personnel involved with secrets who leave their posts or professions, periodically conducting follow-up visits to ensure that they continue to perform secrecy responsibilities and obligations;

(4) Allot facilities and equipment for counter-espionage security precautions, and implement technical prevention measures against espionage.

Article 15: Citizens shall perform the following counter-espionage security precaution obligations:

(1) Obey laws and regulations related to counter-espionage security precautions;

(2) Facilitate and otherwise assist state security organs carrying out counter-espionage efforts;

(3) Truthfully provide relevant circumstances when state security organs investigate or learn about relevant espionage activity or collect relevant evidence;

(4) Protect the state secrets related to counter-espionage efforts that they learn of;

(5) Receive education on counter-espionage security precautions;

(6) Other counter-espionage security precaution obligations that shall be performed.

Article 16: Where citizens or their close relatives face threats to their physical safety as the result of assisting counter-espionage efforts, they may request protection from the state security organs. The state security organs shall employ protective measures in conjunction with the relevant departments.

Where citizens and organizations have property losses due to supporting or assisting counter-espionage efforts, compensation is to be given in accordance with relevant state provisions; where physical harm or death is caused, bereavement benefits are to be given in accordance with relevant state provisions.

Article 17: Documents, materials, and other items that are state secrets must not be illegally in the possessiion of any individual or organization, and specialized espionage tools as provided for in state laws and regulations must not be possessed or used by any individual or organization.

State workers with state secrets shall report the documents, materials, and other items in their possession that are state secrets in accordance with provisions, as well as on other matters related to state secrets.

Article 18: The state security organs shall clear channels such as the 12339 reporting phone line and report acceptance platforms, to receive reports of acts of espionage from individuals and organizations, and promptly address them.

Citizens and organizations discovering acts of espionage or leads shall promptly report them to the state security organs or relevant organs such as the public security organs, and the relevant departments shall immediately transfer them to be handled by the state security organs.

The state security organs and other relevant organs shall strictly preserve the secrecy of the reporter, and protect the reporters' security in their persons and property. Reporters' personal information and circumstances must not be disclosed or leaked in any form without the consent of the report.

Article 19: As necessary for their work, state security organs may request that inspection organs such as border inspection and customs waive inspections of relevant persons, materials, and equipment, and the inspection organs shall assist them.

When the state security organs lawfully conduct emergency missions, personnel and the vehicles carrying them may enjoy facilitated transit upon presenting the relevant identification or based on special transit passes issued by the Ministry of State Security.

Article 20: The state security organs for the autonomous region shall carry out state security risk assessments, and as necessary shall delineate plan security control regions in conjunction with relevant departments and in accordance with provisions, and report them to the people's government for the autonomous region for approval.

People's governments at or above the county-level shall fully consider the needs of national security when compiling national land and space plans, and shall seek the opinions of the state security organs and departments for administration of secrets where they involve security and control regions.

The state security organs shall conduct permitting and oversight of construction projects that involve state security matters.

Article 21: State security organs shall order units and individuals related to telecommunications tools, equipment, or facilities that have been found through lawful inspections to threaten national security to make corrections within a set period of time, and where corrections are refused, or requirements are still not met after the corrections, they may be sealed or seized.

Equipment and facilities sealed or seized in accordance with the preceding paragraph shall be released from the seal or seizure by the state security organs after the situation endangering national security is eliminated.

Article 22: State security organs shall strengthen technical inspections and testing of matters online that are related to counter-espionage security precautions, guiding and overseeing network operators' implementation of their security precaution obligations.

网络运营者应当完善安全管理制度,落实安全防范技术措施,发现利用网络危害国家安全的,应当立即停止传输,保存有关记录,向国家安全机关或者公安机关报告,并为国家安全机关、公安机关开展工作提供技术支持和协助。

 

Chapter III: Publicity and Education

Article 23: 各级人民政府及有关部门应当加强反间谍安全防范宣传教育,在4月15日全民国家安全教育日、11月1日《中华人民共和国反间谍法》颁布实施日集中开展反间谍安全防范宣传教育活动,提高机关、人民团体、企业事业单位和其他社会组织以及公民的反间谍安全防范意识。

村(居)民委员会应当开展群众性的反间谍安全防范教育工作,普及反间谍安全防范常识。

Article 24: State security organs shall create handbooks, promotional illustrations, and publicity shorts on counter-espionage security precautions, to strengthen popular legal education on counter-espionage security precautions and widespread publicity and education on common sense risk prevention.

Each relevant regulatory department shall consider the characteristics or their own work to guide the implementation of counter-espionage security precaution efforts in their systems or fields.

Article 25: Administrative departments for education shall guide and urge schools to include knowledge of counter-espionage security precautions in their educational and teaching content. Schools shall carry out counter-espionage security precaution education in advance for teachers and students participating in study abroad (outside the mainland) or foreign exchanges.

Article 26: The departments in charge of civil servants shall include counter-espionage security precaution awareness in public servants' training and education content. State personnel qualifications tests and tests of legal knowledge before taking positions shall include content about laws and regulations related to counter-espionage security precautions and secrecy.

Article 27: Unions, communist youth leagues, womens federations, and other people's groups shall consider the characteristics of their own work to organize education on counter-espionage security precautions.

Article 28: Radio stations, television stations, newspapers, publishing units, internet information service providers, and other media shall develop publicity materials on counter-espionage security precautions such as public interest publicity, public-interest advertisements,and educational shorts,

Chapter IV: Legal Responsibility

Article 29: 机关、人民团体、企业事业单位和其他社会组织未按照本条例规定履行反间谍安全防范义务的,国家安全机关应当依法责令限期整改;未进行整改或者整改未达到要求的,国家安全机关可以约谈该单位相关负责人,并将约谈情况通报其上级主管部门;情节严重的,由有关机关、单位依法对直接负责的主管人员和其他直接责任人员给予处分。 State security organs may submit recommendations to state organs or units for sanctioning the persons in charge.

Article 30: Where state security organs,other relevant organs, and their staffs fail to perform counter-espionage security precaution duties in accordance with these Regulations, the organ above them is to order them to correct the situation and is to sanction the directly responsible managers and other directly responsible persons in accordance with law.

Article 31: Where laws and regulations already provide for the punishment of conduct in violation of these Regulations, follow those provisions.

 

Chapter V: Supplemental Provisions

Article 32: These regulations shall take effect on January 1, 2021.

 

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