Provisions on Efforts on Counter-espionage Security Precautions

  Promulgation Date: 2021-4-26
  Title: Provisions on Efforts on Counter-espionage Security Precautions
  Document Number:国家安全部令2021年第1号
  Expiration date: 
  Promulgating Entities: Ministry of State Security
  Source of text: http://www.legaldaily.com.cn/index/content/2021-04/26/content_8492064.htm

Closing Leaks

A discussion of these Provisions can be found here.

Chapter I: General Provisions

Article 1: 【Goals and Basis】These Provisions are drafted on the basis of the "PRC National Security Law", the "PRC Counter-espionage Law", the "Detailed Implementation Rules for the Counter-espionage Law" and other relevant laws and regulations, so as to strengthen and regulate efforts on counter-espionage security precations, and to urge state organs, people's groups, enterprises, public institutions, and other social organizations to implement responsibility for counter-espionage security precautions.

Article 2: [Scope of Application]These Provisions apply to state organs, people's groups, enterprises, public institutions, and other social organizations carrying out efforts on counter-espionage security precautions with coordination and guidance from the state security organs.

Article 3: [Work principles]Efforts on counter-espionage security precautions shall uphold the uniform leadership of the Central Committee, adhere to the overall national security perspective, persist in combining professional efforts with the mass line, persist in combining human, material, and technological defenses, and strictly comply with legally-prescribed authority and procedures, respect and protect human rights, and protect the lawful rights and interests of citizens and organizations.

Article 4: [Responsibilities and obligations] State organs, groups, enterprises, public institutions, and other social organizations bear entity responsibility for that unit's efforts on counter-espionage security precautions and shall educate their units' personnel on maintaining national security, and mobilize and organize them to prevent acts of espionage and other conduct endangering national security.

Within the scope of their authority, industry regulatory departments are to oversee and manage the corresponding industry's efforts on counter-espionage security precautions.

Article 5: [Regulatory Organs] In accordance with the scope of their management authority, all levels of national security organ are to conduct guidance in industry affairs and oversight inspections of efforts on counter-espionage security precautions carried out by state organs, people's groups, enterprises, public institutions, and other social organizations in accordance with law.

Article 6: [Confidential Information]National security organs and their staff shall strictly preserve the secrecy of state secrets, work secrets, commercial secrets, and private or personal information learned of in the course of performing duties to guide and inspect counter-espionage security precautions.

Chapter II: Responsibility for Counter-espionage Security Precautions

Article 7: [Responsibility of Industry Regulatory Departments]Industry regulatory departments shall perform the following responsibilities for oversight and management of counter-espionage security precautions:

(1) Clarify requirements the corresponding industry's counter-espionage security precautions on the basis of the industry's characteristics;

(2) Cooperate with state security organs to draft a directory of key units for counter-espionage security precautions in that industry, and carry out efforts on counter-espionage security precautions;

(3) Guide and urge the key units in the industry to perform counter-espionage security precaution obligations;

(4) Other responsibilities that shall be performed on the management of industry counter-espionage security precautions.

Relevant industry regulatory departments shall establish and complete mechanisms for coordinating with state security organs on counter-espionage security precautions, to strengthen informational interconnectivity, discussion of situations, collaborative guidance, joint inspections, and jointly completing efforts on counter-espionage security precautions.

Article 8: [Responsibilities of Ordinary Units] State organs, people's groups, enterprises, public institutions, and other social organizations shall implement entity responsibility for counter-espionage security precautions, and perform the following obligations:

(1) Carry out education and training on counter-espionage security precautions to increase the unit's staff's awareness of security precautions and ability to respond;

(2) Strengthen management of the unit's counter-espionage security precautions, implementing relevant security precaution measures;

(3) Promptly report suspicious situations related to acts of espionage and other conduct endangering national security to the state security organs;

(4) Facilitate or otherwise assist state security organs performing duties in accordance with law;

(5) Appropriately respond to and handle counter-espionage security precaution emergencies involving the unit or its personnel;

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

Article 9: [Responsibilities of Key Units] The state security organs in conjunction with relevant departments are to draft and periodically update a directory of key units for counter-espionage security precautions based on the nature of the units, the industry to which they belong, the degree of secrecy, the extent of foreign interactions, whether they have previously had cases of endangering national security, and other such factors, and inform the key units in writing. In addition to performing the obligations provided for in article 8 of these Provisions, key units for counter-espionage security precautions shall further perform the following obligations:

(1) establish and complete work mechanisms for counter-espionage security precautions;

(2) Clarify the bodies and personnel of that unit that undertake counter-espionage security precautions duties;

(3) Strengthen routine security precautions and management for matters, places, media, data, positions, and personnel involved with secrets, and conduct counter-espionage security precaution reviews of personnel involved with secrets prior to their taking positions, and have them sign written counter-espionage security precaution pledges.

(4) Organize personnel involved with secrets and foreign-interests to report matters related to national security to the unit, and do a good job of dynamic management of information and data;

(5) Complete efforts on counter-espionage security precautions in foreign communications, and draft relevant emergency response plan measures;

(6) Do a good job of counter-espionage security precautions efforts on pre-travel education, overseas management, and debriefing on return for groups and individuals of the unit who are leaving the country (mainland) or are stationed abroad for long periods;

(7) Periodically carry out education and training on counter-espionage security precautions for persons involved with secrets;

(8) Follow technical prevention standards for counter-espionage, allotting necessary equipment and facilities, and implementing related technical security precaution measures;

(9) Periodically conduct self-inspections of the unit's efforts on counter-espionage security precautions to promptly discover and eliminate security risks.

Article 10: [Responsibilities of Critical Information Infrastructure Security Operators] In addition to performing the obligations provided for in article 8 of these Provisions, critical information infrastructure operators shall further perform the following obligations:

(1) Conduct counter-espionage security precaution reviews of the persons responsible for security management bodies in the unit and persons in key positions;

(2) Periodically conduct education and training on counter-espionage security precautions for practitioner staff;

(3) Employ counter-espionage technical precaution measures to prevent and stop foreign network attacks, network incursions, stealing secrets online, and other acts of espionage, safeguarding networks, core information technology, critical infrastructure, and important sectoral information systems, and data security.

Critical information infrastructure operators that are included as key units for counter-espionage security precautions shall further perform the obligations in article 9 of these Provisions.

Chapter III: Guidance of counter-espionage security precautions

Article 11: [Methods of Guidance] State security organs may use the following methods to conduct guidance of state organs, people's groups, enterprises, public institutions, and other social organizations' implementation of counter-espionage security precaution responsibilities:

(1) Provide work manuals, guides, or other publicity and education materials;

(2) Issue guiding opinions in writing;

(3) Hold work trainings;

(4) Convene work meetings;

(5) Give reminders or dissuasion;

(6) Other methods of guidance.

Article 12: [Situation Analysis Reports] State security organs are to periodically analyze the counter-espionage security precaution situation and carry out risk assessments, report to relevant units, and give comments and suggestions to relevant units on strengthening and improiving efforts on counter-espionage security precautions.

Article 13: [Publicity and Education from Specialized Organs]State security organs are to use networks, media platforms, and national security education bases (halls), to carry out publicity and education on counter-espionage security precautions.

Article 14: [School Education]In conjunction with the departments in charge of education, the state security organs are to guide schools in carrying out education on counter-espionage security precautions for all teachers, and strengthen pre-travel education on counter-espionage security precautions and debriefing on return for students and teachers participating in study or exchanges overseas (outside the mainland).

Article 15: [Education in all types of scientific and research establishment] In conjunction with the departments in charge of science and technology, the state security organs are to guide all kinds of scientific and research department in carrying out education on counter-espionage security precautions for all researchers, and strengthen pre-travel education on counter-espionage security precautions and debriefing on return for researchers participating in study or exchanges overseas (outside the mainland).

Article 16: [Publicity and Education in Basic-level Mass Organizations]In conjunction with relevant departments, the state security organs are to organize and mobilize resident (villager) committees to cooperate in carrying out publicity and education on counter-espionage security precautions for public in consideration of the local circumstances.

Article 17: [Mass media publicity and education]In conjunction with the departments in charge of publicity, the state security organs are to coordinate and guide radio, television, newspapers, internet, and other media to carry out publicity activities on counter-espionage security precautions, and to produce, print, or broadcast public interest advertisements, example cases, publicity, and educational programs, or other publicity on counter-espionage security precautions, to increase the public's awareness of counter-espionage security precautions.

Article 18: [Channels for Reporting] Citizens and organizations may report acts of espionage and other conduct endangering national security as well as leads on any issues of counter-espionage security precautions through the state security organs 12339 reporting hotline, internet platforms for accepting reports, or other means of reporting announced by the state security organs.

Article 19: [Protection of Informants]The state security organs shall strictly preserve the confidentiality of informants and protect informants' security in their persons and property. Without the consent of the informant, their personal information must not be disclosed or leaked.

Where citizens or their close relatives face threats to the safety of their persons or property due to reporting acts of espionage or other conduct that endangers national security, they may request protection from the state security organs. The state security organs shall employ protective measures in conjunction with the relevant departments.

Article 20: [Recognition and awards]In conjunction with relevant departments and units, the state security organs may give commendations and awards in accordance with relevant state provisions to units and individuals with notable accomplishments or major contributions in efforts on counter-espionage security precautions who meet any of the following conditions:

(1) Providing major circumstances or leads so that state security organs discover or break an espionage case or other case endangering national security, or relevant units prevent or eliminate major risks related to national security or play a major role in discovering harm:

(2) Closely cooperating with state security organs to carry out tasks, with outstanding performance;

(3) Preventing or stopping acts of espionage or other conduct endangering national security, with outstanding performance;

(4) Proactively employing measures to promptly eliminate major risks or actual threats to national security in their unit or recovering major losses;

(5) Having major innovations or noticeable efficacy in efforts on counter-espionage security precautions;

(6) Making major contributions in efforts on counter-espionage security precautions;

Chapter IV: Inspections of counter-espionage security precautions

Article 21: [Initiating Inspections] Upon the approval of the person responsible for a state security organ at the districted city level or higher and presentation of legal documents, state security organs may carry out inspections of counter-espionage security precautions in state organs, people's groups, enterprises, public institutions, or other social organizations that have any of the following circumstances:

(1) counter-espionage security precaution threats are discovered;

(2) A report or leads of issues with counter-espionage security precautions is received;

(3) Based on the relevant unit's application;

(4) As otherwise needed for efforts on counter-espionage security precautions.

Article 22: [Inspection Methods] State security organs may use the following methods to conduct inspections of state organs, people's groups, enterprises, public institutions, and other social organizations' efforts on counter-espionage security precautions:

(1) Learn about situations from the relevant units and individuals;

(2) Read relevant materials;

(3) Hear explanations of relevant work:

(4) Enter relevant units and venues for inspections;

(5) Examining electronic communications tools, devices, and equipment or facilities;

(6) Inspecting or testing technical counter-espionage precautions;

(7) other inspection methods provided for by laws, regulations, or rules.

Article 23: [Content of inspection or testing of technical counter-espionage precautions] Upon the approval of the person responsible for a state security organ at the districted city level or higher, state security organs may carry out inspections and testing of technical counter-espionage precautions in the relevant parts, venues, buildings, internal equipment and facilities, strong and weak current electrical systems, computer networks, critical information infrastructure, and so forth of state organs, people's groups, enterprises, public institutions, or other social organizations, to discover and address situations endangering national security.

Article 24: [Methods of inspecting or testing technical counter-espionage precautions]State security organs may employ the following methods to carry out inspections and testing of technical counter-espionage precautions:

(1) Entering the units or venues to conduct on site technical inspections;

(2) Using specialized equipment to conduct technical testing of relevant units, venues, links, or networks;

(3) Conducting remote technical testing of relevant equipment, facilities, networks, or systems.

Article 25: [Regulation of inspections and testing of technical counter-espionage precautions] When state security organs carry out on-site inspections or testing of technical counter-espionage precautions, there must not be fewer than two inspectors, and they shall present their corresponding identification.

State security organs carrying out remote technical testing shall first notify the subject of the testing of the time and scope of the testing and other relevant matters.

The personnel doing the inspecting or testing shall create an inspection or testing record, truthfully recording the circumstances of the inspections or tests.

Article 26: [Dispositions of inspections and testing of technical counter-espionage precautions] In carrying out inspections and testing of technical counter-espionage precautions, state security organs may lawfully order the subjects of inspections to employ remedial measures such as blocking, isolating, dismantling, or stopping the use of relevant equipment, facilities, networks, or systems to prevent the occurrence or expansion of harms, and may guide or urge the implementation of the relevant measures and note this in the record of the inspection and testing.

Article 27: [Inspection Feedback] Based on the circumstances of counter-espionage security precaution inspections, state security organs may make comments and recommendations to the unit subject of the inspections for strengthening and improving efforts on counter-espionage security precautions, and urge the relevant units to implement their counter-espionage security precaution responsibilities and obligations.

Chapter V: Legal Responsibility

Article 28: [Ordering Rectification] In any of the following situations where state organs, people's groups, enterprises, public institutions, and other social organizations violate these Provisions, the state security organs may order them to make corrections in a set period of time in accordance with law; the unit ordered to make corrections shall send a report on the corrections to the state security organs before the period is complete, and the state security organs shall conduct an inspection of the corrections within 15 working days of receiving the report:

(1) counter-espionage security precaution responsibilities and obligations were not earnestly performed, measures for security precaution work were not implemented or insufficiently implemented, and there are clear issues or risks;

(2) The guidance and inspections of the state security organs on counter-espionage security precautions were not accepted;

(3) Cases of espionage, defection, or stealing, spying, buying or illegally providing state secrets and intelligence for those overseas, and other incidents endangering national security have occurred;

(4) Suspicious situations related to acts of espionage and other conduct endangering national security are discovered, but reporting is delayed, they are omitted or concealed, causing negative consequences or impact;

(5) did not cooperate or obstructed state security organs lawfully carrying out their tasks.

The state security organs may have a talk with the persons responsible in accordance with law where corrections are not made as required or do not satisfy requirements, and the talk shall be reported to the regulatory department for that unit at the level above.

Article 29: [Recommendations for pursuing responsibility and accountability] Where state organs, people's groups, enterprises, public institutions, and other social organizations and their staffs fail to perform counter-espionage security precaution responsibilities and obligations or fail to perform them as provided, causing negative consequences or impacts, the state security organs may transfer leads on the issues to the relevant state organs or units and recommend that they punish the relevant leaders or directly responsible personnel in accordance with law and discipline and the scope of their management authority, and where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 30: [Pursuit of Responsibility for fault in law enforcement]Where state security organs and their staffs abuse their authority, derelict their duties, or twist the law for personal gain in the course of counter-espionage security precaution guidance and inspection work, the responsible leaders and directly responsible personnel are to be given punishments in accordance with regulations, discipline, and law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter VI: Supplemental Provisions

Article 31: [Implementation Date]These Provisions come into force on the date of promulgation.