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The 11th Session of the Standing Committee of the 12th National People's Congress performed the initial deliberation of this Counter-Terrorism Law of the People's Republic of China (Draft). The Counter-Terrorism Law of the People's Republic of China (Draft) is hereby released to the public on the Chinese National People's Congress website for solicitation of comments. The public may directly log in to the National People's Congress website (www.npc.gov.cn)to submit their comments. They may also post such comments by mail to the Legislative Affairs Commission of the Standing Committee of the National People's Congress (No. 1 Qianmen West Road 1, Xicheng District, Beijing 100805. Please address the envelope to "Solicitation of Comments on the Draft Counter-Terrorism Law"). The closing date for comments is December 3, 2014.
A FINAL VERSION OF THIS LAW HAS NOW BEEN PASSED AND IS AVAILABLE HERE– THIS DRAFT REMAINS ONLINE AS A REFERENCE.
Counter-Terrorism Law of the People's Republic of China (Draft)
Article 1: This Law was drafted on the basis of the Constitution so as to prevent and combat terrorism and to preserve national security, public security, and people's security in their lives and property.
Article 2: The State opposes and prohibits terrorism in any form. Anyone who advocates, incites, abets, aids, and/or carries out terrorism, regardless of his ethnicity, race, and/or religion, shall be investigated for legal responsibility in accordance with law.
The State does not offer asylum or give refugee status to any personnel involved in terrorism.
No state organ will make political compromises or concessions to terrorist organizations and personnel. Units and individual must not give financial support to terrorist organizations and personnel.
Article 3: The nation incorporates counter-terrorism into the national security strategy, comprehensively using political, economic, legal, cultural, educational, promotional, scientific, technological, diplomatic, military, and other such means to fully mobilize all forces and resources, tightly preventing and harshly punishing terrorist activities, investigating and banning all terrorist organizations, to resolutely oppose and prohibit terrorist and extremist thought, and to prevent, decrease, and eradicate the danger and harms of terrorism to the greatest extent possible.
Article 4: The nation establishes a leading institution for counter-terrorism efforts, composed of relevant departments, in order to practice the principle of combining specialized work with the mass line, and to rely on and mobilize all government institutions, the armed forces, social organizations, enterprises and public institutions, villager (or resident) committees and individuals to jointly develop counter-terrorism efforts.
Under the unified guidance and coordination of the leading institution for counter-terrorism efforts, departments of all functions establish a coordinated response mechanism with each performing its own duty, working in close coordination, to perform counter-terrorism efforts in accordance with law.
Article 5: Every unit and individual shall coordinate and cooperate with relevant departments in counter-terrorism efforts in accordance with provisions in the present Law, and promptly report terrorist activities, or suspects of terrorist activities and other personnel to the competent departments or to public security organs.
Public security organs, the Chinese People's Liberation Army and the Chinese People's armed police forces may, in case of urgent need encountered while performing counter-terrorism duties, requisition the property of units and individuals; and relevant units and individuals shall cooperate.
Article 6: Counter-terrorism efforts shall be conducted in accordance with the law, terrorist activities shall be punished in accordance with the law and human rights shall be respected and safeguarded to protect citizens' lawful rights, interests and freedom.
Article 7: Counter-terrorism efforts shall uphold the principles of putting prevention first, combining punishment and prevention, anticipating the enemy, and keeping the initiative; with emphasis placed on preempting the formation and transmission of terrorist ideology and the formation and expansion of terrorist organizations; striving to eliminate terrorist activities at their planning stage, before any action has occurred.
Article 8: Where any person outside the territory of the PRC commits terrorist crimes against the nation or citizens of the PRC , or where a terrorist crime is constituted under international treaties concluded or joined by the PRC, criminal responsibility will be pursued in accordance with the laws of the People's Republic of China.
Article 9: The State's leading institution for counter-terrorism efforts uniformly leads and directs national counter-terrorism efforts; its office is in charge of routine work.
Article 10: Provinces, autonomous regions, directly governed municipalities, subdistricted cities, autonomous prefectures, leagues, and prefectures establish leading institutions for counter-terrorism efforts, which, under the unified leadership and direction of the national leading institution for counter-terrorism efforts, are in charge of the counter-terrorism efforts in their respective regions.
County-level people's governments shall formulate working plans and measures for counter-terrorism efforts, and establish leading institutions for counter-terrorism efforts when necessary.
Article 11: Public security organs, national security organs and people's procuratorates, people's courts, administrative organs of justice and other relevant state organs shall perform counter-terrorism efforts well in accordance with statutory duties.
Article 12: The Chinese People's Liberation Army, the Chinese People's armed police forces and people's militia prevent and handle terrorist activities under the deployment of leading institutions for counter-terrorism efforts and following the provisions of this Law and other relevant laws, administrative regulations, military regulations and the decrees of the State Council and the Central Military Commission.
Article 13: Member units of the leading institutions for counter-terrorism efforts and relevant departments organize and carry out the counter-terrorism efforts of their own work units, systems and industries.
Article 14: People's governments and relevant departments at all levels shall conduct counter-terrorism education and propaganda, propagate legal knowledge on counter-terrorism, prevention and response techniques, and organize periodic emergency drills.
Education administrative departments shall strengthen counter-terrorism education, guidance, supervision, inspections, and evaluation of schools' counter-terrorism educational and training work. All levels of school shall include terrorism awareness and emergency drills in their teaching and educational curricula, and increase students' awareness of counter-terrorism laws and prevention and response skills.
Ethnic and religious affairs departments shall organize education and guidance on the correct outlooks and relevant knowledge on ethnicity, religion, and state; shall eliminate ethnic separatist and extremist ideologies; shall educate all ethnicities' masses and religious teachers in the study and observance of law, and in conducting religious activities in accordance with law.
Telecommunications, news and publication, broadcasting, film, television , and cultural units shall conduct pertinent counter-terrorism publicity targeted to society.
Article 15: Networks and information systems operators shall, according to demands posed by laws and regulations, and by norms of state institutions, adopt comprehensive technical and management measures, to strengthen the work of network security; technical inspection, early risk warning, emergency response and [emergency handling]; protect the operational safety of network and information systems.
Telecommunications operators and internet service providers shall install technical interfaces in the design, construction and operations of telecommunications and the internet, and report cryptography schemes to departments responsible for encryption for examination. Where an interface has not been pre-installed or an cryptography scheme is not reported, the relevant products or techniques must not enter use. Where they have already entered use, the competent departments shall order the prompt cessation of their use.
Those that refuse must not provide service within the territory of the People's Republic of China.
Article 16: Telecommunications operators and internet service providers shall, according to provisions of law and administrative regulations, put into practice network security systems and information content monitoring systems, technical prevention and safety measures, to avoid the dissemination of information with terrorist content. Where information with terrorist content is discovered, its dissemination shall immediately be halted; relevant information shall be deleted; relevant records shall be saved and reported to public security organs or to relevant responsible departments. Enterprises providing encrypted transmission services shall file their cryptography schemes with network communications departments and public security organs and cooperate with the responsible departments in investigation work.
Where departments such as for network communications, industry and informatization, public security, and state security discover information with terrorist content they shall promptly order to the relevant unit to stop its transmission, to delete relevant information or to close relevant websites, and terminate relevant services. Relevant units shall immediately enforce [such orders] and save relevant records, providing assistance in conducting investigation. Responsible departments may adopt technical measures to stop the dissemination of Information with terrorist content available on the international internet.
Public security organs and state security organs preventing and investigating terrorist activities may use relevant telecommunications and internet technological interfaces, and may request that service providers or users provide technical support with decryption.
Article 17: Air, railway, maritime or road transport units; and postal, courier, or logistics operations units; shall enact systems to perform visual checks on the items they transport and deliver, checks on customer identification documents and other safety controls, and a registration system of information on customer identities and items; and not transport or deliver items for which transport or delivery is prohibited, items posing hidden dangers or items for which users refuse the safety inspection shall not be transported or delivered.
Article 18: Relevant departments and work units should strengthen the safety management of the following hazardous articles, in accordance with laws and administrative regulations:
(1) Hazardous articles including explosive, inflammatory, toxic, radioactive, or corrosive articles, and infectious pathogens.
(2) Guns and ammunition;
(3) Controlled instruments including crossbows and controlled knives; and
(4) Dual-use items and technology related to nuclear, biological, chemical, missile, and conventional weapons.
When necessary, relevant competent department(s) of the State Council and provincial-level people's governments can implement control on the manufacturing, import and export, transportation, sale, and usage in certain area and at certain time of the hazardous articles provided for in the preceding paragraph.
Article 19: The following management measures are adopted on the hazardous articles in article 18 of this Law：
(1) production and export units shall produce electronic tracking marks, and add security inspection and tracking items to explosives.
(2) units producing, storing, transporting, importing or exporting, selling, providing, purchasing, using [hazardous articles] shall adopt a tracing management system, and keep an electronic record of each exchange.
(3) implement a nation-wide online management system for transports;
(4) implement a scheduled registration of sellers and buyers, check the identification documents of buyers and intermediaries, record the identity information of buyers and intermediaries, as well as the amounts purchased and their use.
(5) implement centralized disposal of discarded hazardous items.
Any loss, theft, robbery, swindling of hazardous items shall be immediately reported to responsible departments or to public security organs.
Unit and individuals must not illegally manufacture, produce, store, transport, export or import, sell, provide, purchase, use, possess hazardous items. Where discovered by other departments, they shall be seized and the public security organs shall be immediately notified , and where discovered by other units or individuals, the discovery shall be promptly reported to public security organs.
Article 20: Financial institutions and designated non-financial institutions shall lawfully implement a customer identification system, a system to store customer identity information and transactions records, a system to report relatively large transactions and suspicious transactions, to prevent terrorism financing activities.
Administrative departments of the State Council responsible for combating money laundering supervise financial and designated non-financial institutions' fulfillment of their professional counter-terrorism duties in accordance with law.
Article 21: Departments such as the People's Bank, civil administration, audit, finance, and taxation shall, in accordance with their professional duties as provided by law and administrative regulations, supervise and inspect circumstances of incoming and outgoing financial flows of relevant enterprise and service units, as well as foundations, social organizations, social non-enterprise institutions, and foreign non-governmental organizations; promptly notifying public security organs where a suspected violation of the law or crime is found.
Foundations, social organizations, non-enterprise social units and overseas non-governmental organizations shall report their financial situation and funding sources to the competent departments.
Article 22: Customs shall strengthen supervision and controls over incoming and outgoing travelers carrying liquid currency and bearer negotiable instruments, and where these are discovered to exceed the amount allowed or suspicions of terrorist financing arise, notice shall immediately be issued to administrative departments of the State Council responsible for combating money laundering and to the public security organs.
Criteria for the amounts in the preceding paragraph are set by administrative departments of the State Council responsible for combating money laundering together with the Inspectorate General of Customs.
The State may, where needed, decide to prohibit the use of cash and barter to trade in designated goods and services.
Article 23: The formulation and implementation of urban and rural planning shall conform to the needs of counter-terrorism efforts. Leading institutions for counter-terrorism efforts, public security organs and relevant departments shall participate in the formulation and implementation of urban and rural planning.
Public security organs, transportation departments and other relevant departments shall install public order video information systems with video image capture, human figure comparison, vehicle plate recognition functions at public places and focal locations such as highways, main access points to cities, main roads, major traffic intersections, public transportation stations and large markets, malls, squares; and also technical and debris prevention devices and facilities such as crash barriers, police emergency alarms, explosion-proof equipment, to prevent terrorist activities.
Article 24: The State opposes extremism in all its forms, and prohibits enactment of the following extremist conduct:
(1) manufacturing, disseminating, possessing items that publicize extremism, or otherwise advocating extremism;
(2) demeaning, insulting, or discriminating against other ethnicities and religions; ousting persons of other ethnicities or faiths from their homes through threats, harassment or other means; hindering or interfering with others' relationships or joint lives with persons of different ethnicities and who profess different religions;
(3) using ethnicity or religion as pretexts to obstruct the lawful performance of state officers' professional duties; or interfering in the habits and ways of life of other persons, or in production or management;
(4) forcing others to take part to religious activities, forcing others to display items that advocate extremism, forcing other to make donations or contribute manual labor to places of religious worship or to clerical persons;
(5) misrepresenting or insulting state policies, laws, administrative regulations; publicly resisting lawful management by the People's government; publicizing or instigating the damage of, or intentionally damaging identification documents, household certificates and other statutory documents of the state, and Renminbi; organizing, instructing, forcing minors to take part to religious activities or to not receive compulsory education; forcing others to hold a religious ceremony in place of marriage or divorce registration; and other [conducts] that disrupt the implementation of state policy, laws, administrative rules and regulations;
(6) providing information, funds, equipment or technology, or venues to support, assist, facilitate the propagation, dissemination or practice of extremism.
Article 25: Where public security organs discover extremist conduct, and upon issuing a prohibition order the conduct is not stopped, they may adopt means necessary to forcibly disperse relevant persons; forcibly remove those who do not comply; seize relevant materials and items, copy and then delete relevant information and images; close or deactivate Illegal websites, accounts and mobile phone number and seal relevant illegal venues.
Any unit or individual that finds materials, items or information advocating extremism shall report it and hand it over to public security organs.
Article 26: Persons who display terrorist or extremist tendencies, or who have participated to terrorism or extremism, shall undergo education and be corrected by relevant departments and their village (or urban residents') committee, their unit, vocational school, household and guardian.
Judicial-administrative organs shall guide prisons or community corrections institutions in such work as managing, educating, correcting those who are serving a sentence for crimes of terrorism or extremism; in completing, together with relevant departments, the work of resettling and educating convicts who have been released following completion of their sentence. Criminal punishment enforcement organ institutions shall notify public security organs and village (resident) committees to educate and control those who continue to display terrorist and extremist tendencies after having been released following completion of their sentence.
Ethnic and religious affairs departments shall perform the work of education in ethnic and religious policy, general education and reformatory education on those who display terrorist or extremist tendencies, or who have participated in terrorism or extremism.
Education, human resources and social security, civil affairs departments shall organize the education and training in cultural knowledge and work skills of those who have participated to terrorism and extremism, and provide social security and employment assistance, to allow for their return to normal production and life.
Article 27: Key targets for defense against terrorism are determined according to the following range by public security organs together with relevant departments and operation, management units, and confirmed by the leading institution for counter-terrorism work at the same level:
(1) large-scale mass activities and other important activities;
(2) densely crowded railway stations, piers, airports, ports, means of public transportation, kindergartens, schools, hospitals, markets, malls, squares and food and beverage, lodging, travel, entertainment venues;
(3) units, facilities, major networks and information systems belonging to the industries that relate to the national economy and the people's livelihood, public security and state security, such as the food and drugs, water, energy resources, finance, radio and television, telecommunication, information networks, communication and transportation industries;
(4) Units that produce, store, transport, import or export, sell, purchase, utilize hazardous articles as explosive, inflammatory, toxic, radioactive, corrosive articles, infectious pathogens, nuclear materials, nuclear installations, guns and ammunition, controlled instruments;
(5) major infrastructures and major, construction buildings, construction projects;
(6) security targets defined by the State;
(7) prisons and remand jails;
(8) major state institutions and units developing, producing, storing major products in the science, technology and industry for national defense;
(9) Diplomatic agencies stationed abroad, especially in countries and/or areas in conflicts or wars or with frequent terrorist attacks;
(10) other important objectives that could be under a terrorist threat.
Article 28: Units operating or managing key targets shall perform the following the duties:
(1) formulates that unit's prevention and response plans and measures for terrorist actions, and periodically conduct training and exercises;
(2) establishing systems for ensuring funding for the special counter-terrorism efforts; allot, update and dispose of facilities and equipment;
(3) Assign relevant organs, or put responsible persons into place, and clarify job responsibilities;
(4) Implement risk assessment, real-time security threat monitoring and improve internal security management;
(5) Periodically report on the situation of implementing prevention measures to the competent department.
(6) Providing necessary guarantees for Chinese People armed police forces undertaking sentry and patrol tasks for key targets.
Operating or managing units for basic information networks and important information systems touching upon the national economy, the people's livelihood, or public or national security, shall implement a information security system and technical security protective measures, clarify responsibility for security, establish a network safety monitoring and early warning system, strengthen monitoring and early warning notifications, and ensure security in basic and important information systems.
Article 29: Units operating or managing key targets conduct security background reviews of personnel in key posts. Personnel who have records of seriously violating the law, or are otherwise inappropriate, shall be transferred to other posts.
Article 30: Units undertaking large scale actions; as well as units operating or managing airports, train stations, passenger docks, urban light-rail stations, long distance bus stations, ports and other key targets; shall conduct safety inspections of people, items or vehicles entering the key target and immediately withhold items in violation of prohibitions or controls and report to the public security organs; personnel who are suspected of illegal or criminal acts shall be immediately reported to the public security organs and may be seized and brought to the public security organs.
Article 31: The operating or managing units of aircraft, trains, boats, urban light rail, public transportation and other key means of transportation, shall allot security personnel and related equipment and facilities to strengthen security reviews and security work .
Article 32: All levels of people's government and units operating or managing key targets shall follow the urban and rural plans, the relevant standards and actual needs, to synchronised planning, construction and movement of equipment and facilities for technical and material defense precautions compliant with article 23 of this law.
Units operating or managing key targets shall establish systems ensuring the normal operations of the public security video information system such as for monitoring, storing and using information, operations and maintainance. Video image information that is gathered must not be stored for less than 30 days.
Article 33: All levels of competent department in units operating or managing key targets shall organize and guide the drafting of work plans and measures for responding to and handling terrorist actions with the scope of the units operating or managing key targets; and develop regular inspections and periodic excerces, promptly accounting for and removing dangers, so as to provide guidance and necessary safeguards for people's armed police forces bearing sentry or patrol missions for the key target.
Article 34: Public security organs, jointly with relevant departments, shall understand the basic information and important trends of key targets, and guide and supervise the operating and managing units in completing security precautions.
Public security organs and Chinese People's armed police forces shall follow relevant provisions in guarding, patroling and inspecting key targets.
Article 35: For units, venues, industries, equipment other than key targets, the competent department and operations and management unit shall follow provisions of the laws and administrative regulations to establish and improve security management systems and implement, put security responsibility into practice.
Article 36: All levels of people's government and military organs shall create obstruction dividers, video capture equipment and alarms for illegal border crossing, at national (territory) border passages and ports.
Public security organ border defense departments and Chinese People's Liberation Army frontier forces shall organize patrols of the national (frontier) borders; increase the staff, means of conveyance and materials in areas near national (frontier) borders, national (frontier) border crossings and passages; and also inspect and keep watch on boats setting off from coastal regions, boats from Hong Kong and Macao, and boats Taiwan nearing the mainland; to guard against and attack terrorist activities.
Article 37: Terrorist personnel and persons suspected of terrorist activities shall not be permitted to enter or exit the borders, not be issued documents for entering or exiting the borders, or have their entry and exit documents declared cancelled.
Article 38: Where quarantine organs or customs discover terrorist personnel or persons or items suspected in terrorist activities, they shall arrest them in accordance with law and notify the public security organs or state security organs.
Article 39:Competent departments of the State Council such as for foreign affairs, public security, state security, development and reform, industry and informatization, commerce, or tourism shall establish risk assessment systems for overseas investment cooperation and travel, and increase security protections for Chinese citizens abroad and organizations, facilities or assets based outside the territory, to prevent and respond to terrorist attacks.
Article 40: Organizations and enterprises based abroad shall establish and complete internal security protection systems and advance response planning, and strengthen security protections for relevant personnel and property.
Article 41: The National Leading Institution for counter-terrorism Efforts establishes a national counter-terrorism intelligence center, establishes platforms for counter-terrorism intelligence information, and implements cross-departmental information operations mechanisms; it screens, discovers and monitors terrorist activities and suspected personnel, and does overall planning on efforts for gathering, assessing, sharing, examining, responding to, and reporting on counter-terrorism intelligence information. Relevant departments shall rely upon the cross-departmental intelligence information mechanisms in bringing about the submission, assessment and sharing of intelligence information.
Article 42: Public security organs, state security organs, and military organs launch counter-terrorism intelligence information efforts and investigate leads into terrorist activities within the scope of their duties, and may employ technical investigative measures when authorized.
Relevant departments gathering intelligence such as on relevant leads, persons, or actions shall promptly and uniformly consilidate it through submission to the national counter-terrorism intelligence center.
Article 43: Local leading institutions for counter-terrorism efforts shall establish cross-departmental intelligence information work mechanisms and organize the gathering and assessment of intelligence information, to bring about sharing of intelligence information.
Major intelligence information and leads shall be promptly reported to the department at the level above, and urgent intelligence information relating to other areas shall be promptly reported to the relevant region.
Article 44: Public security organs, state security organs and relevant departments shall increase efforts at the base level foundation, establish forces for basic level intelligence information efforts, and raise the capacity for counter-terrorism intelligence information efforts.
Article 45: All levels of competent department shall carry out informatization management of reporting terrorist activities and suspected terrorist activities as provided by article 5 of this Law, of security protection efforts as provided by Chapter III of this Law, and also of terrorist organizations and personnel as provided for in Chapter VI of this Law; relevant information management systems shall be networked to the national counter-terrorism intelligence center, and be sorted by information type, level for sharing, big data assessment and use.
Computer information management systems as provided for in the preceding paragraph shall implement automatic assessment and reporting of suspicious circumstances.
Article 46:The public safety video and image information system to be installed as provided by this law shall be in accordance with the public security organs' deployment and requiring interconnectivity, information sharing, and comprehensive assessment.
Article 47:Where public security organs receive a report of suspected terrorist activity or discover suspected terrorist activity, they shall conduct an investigation.
Public security organs investigating suspected terrorist activities may lawfully make inquiries of suspects, make examinations, continue making inquiries or summon or question the suspects; may collect a headshot, fingerprints, voiceprint, iris scan or other biometic identification information, and blood, urine or other biologic samples, and record their signature.
Public security organs investigating suspected terrorist activity may notify other persons to come to the public security organ for questioning.
Article 48:When the Chinese People's armed police forces conduct armed patrols in accordance with the public security organs' unified deployment, and upon the consent of the persons directing at the scene, they may make inquiries or persons suspected of terrorist activities and inspect their documents at the scene.
Article 49: Relevant units and individual shall provide relevant information and materials in accordance with the requirements of leading agencies on counter-terrorism efforts and competent departments.
Article 50:Public security organs investigating suspected terrorist activities may make inquiries to relevant departments and units about bank accounts, credit reporting, balances and other such information, and conduct network searches and monitoring of capital related to terrorist activities.
Public security organs investigating suspected terrorist activities may employ measures such as seizing, sealing or freezing assets, and the period must not exceed one month; where the circumstances are complicated, this may be extended, but the extension must not exceed 2 months.
Materials acquired in accordance with the preceding two paragraphs may be used as evidence in administrative punishments or criminal litigation.
Article 51:Where the national center for counter-terrorism intelligence, local leading institutions for counter-terrorism efforts, as well as relevant intelligence departments, upon analysis and verification of intelligence, find that a terrorist incident might occur or that there is a need for safety precautions and response efforts, they shall promptly inform to the relevant departments and units. Relevant departments and units shall take safety precautions or make responses on the basis of the information.
Article 52:Public security organs, based on the degree of dangerousness, may order persons suspected of terrorist activities to follow one or more of the following restrictive measures:
（1）Must not leave their designated residence or region without permission of a public security organ;
（2）must not participate in large scale mass or commercial activities；
（3）must not ride public transportation or enter specified public venues；
（4）must not accept specified public services, or purchase or use specified goods, facilities or equipment;
（5）must not meet or communicate with designated persons；
（6）Must periodically report activities and economic sources to the public security organs；
(7) hand over passports or other entry and exit documents, id cards or drivers licenses to the public security organs organ for keeping.
Public security organs may employ electronic surveillance, random inspections and other methods to monitor enforcement conditions. Where it is not necessary to continue employing restrictive measures, they shall be promptly removed.
Article 53:Leading agencies for counter-terrorism efforts and relevant departments, units and individuals shall maintain confidentiality of information touching on classified information or citizens' personal information acquired during the course of performing duties, providing services, or cooperating in counter-terrorism efforts.
Where classified material information and citizens' personal information is leaked or lost, criminal responsibility shall be pursued in accordance with law.
Article 54:The State establishes and completes a terrorist incident response plan system.
The national leading institution for counter-terrorism efforts shall distinguish patterns, characteristics and potential social harms for different types of terrorist incident, and formulate a response plan based on level and category, specifically providing a system for organization direction in responding to terrorist incidents, safety precautions, handling procedures, post-incident social recovery, and other such content.
All local leading institutions for counter-terrorism efforts, relevant departments and units operating or managing key targets shall formulate relevant response planes.
Article 55:The responsible person of the leading institution for counter-terrorism efforts may serve as commander, or the responsible person of public security organs or of member units of the leading institution for counter-terrorism efforts may be designated to serve as commander.
The national leading institution for counter-terrorism efforts takes command of the response to terrorist incidents that occur across provinces, autonomous regions, or directly governed municipalities, or especially serious terrorist incidents; The provincial level leading institution for counter-terrorism efforts takes command of the response to terrorist incidents that occur across regions within provincial, autonomous region, or directly governed municipality regiowithin provincial, autonomous region, or directly governed municipality regionsns, or are especially serious; relevant central department may appoint personnel to participate in light of circumstances.
Article 56:fter terrorist incidents occur, the leading institution on counter-terrorism efforts for the affected region shall immediately activate the terrorist incident response plan and determine a commander. Relevant departments, the Chinese People's Liberation Army, Chinese People's armed police forces, and militias assist in on-site response efforts such as combat, control, rescues and aid, following the uniform leadership and command of the leading institution on counter-terrorism efforts and the commander.
Higher level leading institutions for counter-terrorism efforts may conduct guidance of response efforts, and when necessary transfer relevant counter-terrorism forces for support.
Article 57:After terrorist incidents or suspected terrorist incidents are discovered, the public security organs shall conduct on-scene handling, and report to to the leading institution for counter-terrorism efforts;where people's armed police discover ongoing terrorist activities, they shall immediately control it and hand it over to the public security organs.
Where leading institutions for counter-terrorism efforts have not designated a commander, the highest ranking personnel of the on-scene public security organs serve as commander. Regardless of whether they come from different units or systems, on-scene personnel shall all follow the commander's leadership.
After a commander has been designated, the on-scene commanders shall ask for his instruction, and report to him on efforts or relevant circumstances.
Article 58:When People's Republic of China organizations or personnel based abroad, public transports stopping outside of the borders, or important facilities such as overseas oil pipelines suffer or might suffer a terrorist attack, State Council departments such as for diplomatic affairs, public security, national security, commerce, state ownerd property oversight, tourism, and transport, shall promptly initiate early warning and emergency response plans, and cooperate with concerned nations to adopt corresponding measures.
After People's Republic of China organizations or personnel based abroad suffer a serious terrorist attack, upon discussion and consent of the concerned nation, the national leading institution for counter-terrorism efforts may organize diplomatic, public security, national security and other such departments to appoint staff members to go abroad and develop response efforts.
The Chinese people's armed police forces stationed abroad to guard embassies and consulates shall participate in emergency responses as commanded by the responsible parties for the consulates.
Article 59: Stopping and handling of terrorist activities shall prioritize protecting the personal safety of those directly harmed or endangered by the terrorist activities.
Article 60:In responding to terrorist incidents, leading institutions for counter-terrorism efforts may decide to have relevant departments and units adopt the following measures:
(1) Organize rescue of injured persons, dispersal, evacuation and appropriate placement of endangered persons.
(2) on-site control;
(3) transportation control;
(4) Internet, radio, telecommunications control;
(5) exit and entry control;
(6) Airspace, waterway control;
(7) Prohibit or limit the production, transport, sale or use of relevant items, equipment, or facilities, close or limit the use of relevant venues, suspend activities with a relatively large number of participants or production operation activities that might increase the harm.
(8) Make emergency repairs to public facilities such as for transportation, communications, networks, broadcast television, public water, sewage, public electricity, gas service, and heating;
(9) Organize citizens to participate in counter-terrorism rescue work, requesting that personnel with expertise provide services;
(10) employ measures necessary to prevent the occurrence of secondary or derivative incidents or disasters;
(11) other response measures.
Adoption of the response measures in items 2-6 of the preceding paragraph must follow the approval procedures in laws or administrative regulations; adoption of the response measure in item 7 is approved by a competent department of a people's government at the subdistricted city level or higher. Response measures shall have explicit times and space ranges for their application, and be announced to the public.
Article 61: People's police, people's armed police and other response personnel that are lawfully equipped with and carry weapons, may use their weapons against persons at the scene in possession of guns, knives, explosives, poisons or other dangerous articles who are committing violent acts, or who might commit violent acts, where warnings prove ineffective. Where there is not time to give a warning or giving a warning might cause a more serious harm, weapons may be used directly.
Article 62: In principle, it is the provincial level leading institution for counter-terrorism efforts at the sight of a terrorist incident, that uniformly releases information on the occurrence, development and response to terrorist incidents.
Units and individuals must not fabricate or transmit false information on terrorist incidents; when the news media makes reports, it must not exaggerate terrorist incidents, color them for frightening effect, or release cruel or inhumane scenes.
Article 63:After the response to terrorist incidents has concluded, All levels of people's government shall organize relevant departments to help effected units and individuals restore their work, production and daily lives as quickly as possible, stabilizing social order and public sentiment in the effected regions.
Article 64:Public security organs shall promptly file a case and investigate terrorist incidents, clarifying the reasons it occurred, what happened and its conclusion, looking into the criminal responsibility of terrorist organizations and personnel.
Article 65: The local people's governments shall give appropriate compensation for losses to victims of terrorist incidents and their families, and provide housing and basic living necessities to victims and their families who have lost their residences and basic life requirements. Departments such as sanitation, civil affairs and judicial-administrative departments shall provide psychological, medical, legal and other assistance to victims of terrorist incidents and their families.
Article 66:The state prioritizes the ensuring the construction of production and living facilities damaged by terrorist incidents such as for transportation, communications, networks, broadcast television, water, sewage, electricity, natural gas, and heating.
Article 67:Leading institutions for counter-terrorism efforts shall conduct a comprehensive analysis and overall appraisal of the occurrences and handling of terrorist incidents. putting forth measures to improve defense and responses, and reporting to the leading institution for counter-terrorism efforts at the level above.
Article 68:Organizations and personnel for which there is credible and sufficient evidence showing that they meet the requirements of paragraphs 3 and 5 of article 104 of this law, may be held to be terrorist organizations or personnel.
Article 69:The national leading institution for counter-terrorism efforts designates terrorist organizations and personnel, and this is announced by the leading institution for counter-terrorism efforts' office.
The national leading institution for counter-terrorism efforts shall promptly adjust and modify the list of terrorist organizations and personnel based on the circumstances, and this is announced by the leading institution for counter-terrorism efforts' office.
Article 70:here the relevant departments of the State Council and provincial level leading institution for counter-terrorism efforts find that organizations or individuals are terrorist organizations or personnel, they shall submit an application for affirmation to the national leading institution for counter-terrorism efforts' general office and and provide relevant evidentiary materials.
After the national leading institution for counter-terrorism efforts' general office receives it, it shall promptly request that the national leading institution for counter-terrorism efforts conducts a review and makes a decision.
Article 71: For declared terrorist organizations and personnel, the following measures shall be taken:
(1) The State Council public security department decides to freeze the capital or property involved with the terrorist organization or personnel.
(2) Relevent financial institutions and designated non-financial organizations, shall immediately freeze capital or assets that the State Council public security department has decided to freeze, and report this to the State Council public security department, the Ministry of National Security and the administrative departments responsible for countering money laundering.
(3) Where terrorist personnel are foreigners, lawfully arrest or extradite them or pursue criminal responsibility.
Any unit or individual supporting, assisting, or facilitating a terrorist organization and terrorists through acts such as providing information, funding, materials, technical equipment, or venues; or conducting trade with them; where terrorist organizations and personnel are discovered, they shall be promptly reported to public security organs.
Article 72:Those unsatisfied with the designation of terrorist organizations or personnel may submit an application for review to the national leading institution for counter-terrorism efforts' general office.
After the national leading institution for counter-terrorism efforts' general office receives the application, it shall promptly request that the national leading institution for counter-terrorism efforts conducts a review.
After review by the national leading institution for counter-terrorism efforts, it shall make a decision to sustain or revoke the name list.
Article 73:On the basis of international treaties which it has concluded or participates in, or on the basis of cooperation agreements signed by the competent central departments, the People's Republic of China develops communication and cooperation on counter-terrorism with other nations, regions, and international organizations.
Article 74:The relevant departments of the State Council, as authorized by the State Council, represent the Chinese government in counter-terrorism policy dialogues and exchanges of intelligence information with foreign nations and relevant international organizations, and lawfully initiate cooperative counter-terrorism enforcement and cooperative monitoring of international capital.
The State Council departments for national security may, as needed by the work provided for in the preceding paragraph, dispatch security representatives to relevant countries and regions.
Provided that it does not violate Chinese law or international treaties concluded or participated in by China, the people's governments and competent departments of cities and counties in border regions, may initiate exchanges of counter-terrorism intelligence information, cooperative enforcement and monitoring of international funds with neighboring nations and regions after reporting to the State Council or competent central department for approval,
Article 75:Judicial assistance, extradition, and transfer of sentenced offenders in criminal cases relating to terrorist activity, is done in accordance with the provisions of relevant treaties and laws.
Article 76:Upon reaching an agreement with relevant nations and reporting to the State Council for approval, the State Council Public Security Department and national security department may assign people to leave the country on counter-terrorism missions.
Upon reaching an agreement with relevant nations, and reporting to the central military committee for approval, the Chinese People's Liberation Army and Chinese People's armed police forces may assign people to leave the country on counter-terrorism missions.
Article 77:Materials acquired through international cooperation on counter-terrorism may be used as evidence in administrative punishment and criminal proceedings, except where the other side has clearly requested that they must not be so used.
Article 78:Leading institutions for counter-terrorism efforts and their offices, relevant departments and units shall establish a responsibility system for counter-terrorism efforts, with the principle responsible person at the unit taking responsibility for counter-terrorism efforts.
Article 79:The State Council and all levels of people's government at the county level or above shall follow the division of labor to place costs for counter-terrorism efforts within the financial budget for that level, and provide assurances.
The nation gives necessary financial support to key counter-terrorism sites and departments, and gives financial assurances to areas that have large scale terrorist incidents.
Article 80:Public security organs, national security organs, and relevant departments, as well as he Chinese People's Liberation Army and Chinese People's armed police forces shall follow duties provided by law to establish specialized counter-terrorism forces, and allot the necessary specialized counter-terrorism equipment, and facilities, and strengthen specialized training and joint drills.
Article 81:As needed and under the leadership of county and village level people's governments, relevant units and village (resident) people's committees, establish counter-terrorism forces and volunteer teams.
Article 82:The state gives preferential treatment in bonuses and ranks to persons persons working directly, full-time in counter-terrorism work
Article 83:Follow the relevant national provisions in giving corresponding benefits to personnel injured or killed as a result of performing counter-terrorism efforts,
Article 84:Where, because of reporting or stopping terrorist activities or engaging in counter-terrorism efforts, units or individuals or there close relatives are endangered, the public security organs and relevant departments shall adopt one or more of the following protective measures:
(1) Don't release information such as the true name or address of a unit, or the name, address and workplace of individual;
(2) Prohibit specified persons from approaching a unit or having contact with individuals or their close relatives;
(3) Employ specialized protective measures for their person or residence, or for units' offices or operations sites;
(4) Change the name of the person and their close relatives, and arrange for a new residence and workplace;
(5) Other necessary protective measures.
Article 85:The leading institutions for counter-terrorism efforts and relevant departments shall shall give commendations and rewards to units or individuals who have made prominent contributions to counter-terrorism efforts, in accordance with relevant national provisions.
Those who report terrorist activities, suspected terrorist activities or assist in preventing or combating terrorist activities, shall be given rewards by the leading institutions for counter-terrorism work, in accordance with relevant national provisions.
Article 86:The state encourages, supports and lead higher educational institutions, scientific research institutions, enterprises in carrying out research and training on counter-terrorism efforts, and in developing counter-terrorism technology and equipment.
Article 87:The state establishes the Counter-terrorism Fund, to reward units and individuals who have achieved outstanding results in counter-terrorism efforts, and to comfort and compensate who have suffered injuries or death and their relatives.
The State encourages social units and individuals to make donations to the Counter-terrorism Fund.
Article 88:Where counter-terrorism work agencies and relevant departments, as well as their staffs, derelict their duties or have other conduct violating laws or discipline, all units and individuals have the right to report it or make an accusation to the competent department. After relevant competent departments receive a report or accusation, they shall promptly handle it and respond to the informant or accuser.
Article 89:Where relevant units or individuals are unsatisfied with a relevant departments' decision under this law to give administrative punishment or administrative compulsory measures, they may apply for an administrative reconsideration or raise an administrative lawsuit in accordance with law.
Article 90:Where there is a harm to the lawful rights and interests or a relevant units and individuals because of launching counter-terrorism efforts, compensation or subsidy shall be given in accordance with law. Where the property of units or individuals is requisitioned, it shall be promptly returned after its use, and appropriate costs paid; where harms were caused, compensation shall be given. Relevant units and individuals have the right to request compensation or subsidies.
Article 91:Where during the course of counter-terrorism work, leading agencies for counter-terrorism efforts, their offices and relevant departments, as well as their staffs, have misconduct in office, twist the law for personal gain or abuse their power, sanctions are given to the principle directly responsible personnel and other directly responsible personnel in accordance with law.
Article 92:Where terrorist organizations or personnel, or suspected terrorist activities are discovered, and there is capacity to make a report but a report is not made to the competent departments or public security organs, a warning is given by the public security organs; where serious consequences occur, a fine of up to 2000 yuan is given, and a detention of up to 5 days may be given concurrently.
Article 93:Where air, railway, maritime or road transport units and postal, courier, or logistics operations units; have not enacted systems to perform visual checks on the items they transport and deliver, checks on customer identification documents and other safety controls, and a registration system of information on customer identities and items; or transport or deliver items for which transport or delivery is prohibited, items posing hidden dangers or items for which for which clients refuse the safety inspection;the competent departments will fine the unit between 50,000 and 100,000 yuan, and fine its principle responsible person and other directly responsible personnel up to 100,000 yuan.
Where individuals exhibit the conduct in the preceding paragraph, the public security organs given them a warning, where serious consequences are caused, a fine of up to 20,000 is given.
Article 94:In any of the following circumstances, telecommunications or internet service providers are fined up to 500,000 yuan by the public security organs, and the responsible party and directly responsible persons are fined up to an additional 150,000 yuan; Where circumstance are serious, between 5 and 15 days detention may also be given.
(1) providing telecommunication or internet services within the territory of the People's Republic of China but not keeping relevant equipment and data of national users within the territory.
(2) not following a competent department's request to stop transmission or delete information that has terrorist content, to close down relevant websites, or shut down related services;
(3) not providing public security organs with telecommunications and internet technological interfaces or de-encryption technology support in accordance with law;
(4) putting new internet uses of the internet online without having a newtork safety approval, resulting in the transmission and broadcasting of terrorism related content.
Enteprises engaged in encrypted internet transmission services that have not filed their encryption plan to the competent departments and public security organs are given fines in accordance with the preceding paragraph by the network communications departments and the public security organs.
Article 95:Where foundations, social organizations, non-enterprise social units and overseas non-governmental organizations have not reported their financial situation and source of funding to responsible departments, the public security organs will order them to make corrections, and fine them up to 50,000 yuan, and fine the principle responsible person and other directly responsible personnel up to 100,000 yuan.
Article 96: In any of the following circumstances, the public security organs will impose 10 to 15 days detention, and may give a concurrent fine of up to 1000 yuan; where there are unlawful gains, confiscate the unlawful gains.
(1) incitement to terrorism and extremism;
(2) manufacturing, disseminating, or possessing items that advocate terrorism or extremism;
(3) displaying items advocating terrorism or extremism or otherwise advertising extremism;
(4) slandering, insulting or discriminating against other ethnicities or religions;
(5) Using intimidation or harasment to drive persons of other ethnicities or religions from a residential area;
(6) Obstructing or interfering others from having contact with or living with persons of other ethnicities or persons who believe in other religions;
(7) using ethnicity or religion as pretexts to interfere in the habits and ways of life of other persons, or in production or management;
(8) forcing others to join religious activities;
(9) forcing others to display items that advertise terrorism or extremism;
(10) forcing others to make donations or contribute their labour to places where religious activities are held or to religious authorities;
(11) misrepresenting or insulting state policies, laws, administrative regulations; publicly resisting lawful management by the People's government in accordance with law; publicizing or instigating the damage of, or intentionally damaging identification documents, household residence certificates and other statutory documents of the state, and Renminbi; and other [conducts] that disrupt the implementation of state policy, laws, administrative rules and regulations;
(12) Organizing, instigating, or forcing a minor to participate in religious activities or to not participate in compulsory education;
(13) forcing others to hold religious ceremonies in place of marriage registration and divorce;
(7) using ethnicity or religion as pretexts to interfere in the habits and ways of life of other persons, or in production or management.
In any of the situations in items 2,3,4,6 or 7 of the preceding paragraph, where the circumstances are minor, a warning may be given and corrections ordered. Where there are any of the circumstances in the preceding paragraph, and changes are not made upon admonishment, give a heavier sentence.
Article 97:Where suspected terrorist personnel violate public security organs' orders that they obey restrictive measures, the public security organs give warnings and order rectification; where rectification is refused, the punishment is between five and fifteen days detention.
Article 98:In any of the following circumstances where units operating or managing key targets for terrorism prevention violate provisions of this law, the public security organs will give a warning and order corrections; where corrections are refused a fine of 100,000 yuan is given, and the principle responsible person and other directly responsible personnel are fined 10,000 yuan.
(1) the unit's prevention and emergency response and handling plans and measures have not been formulated;
(2) systems for ensuring funding for the special counter-terrorism have not been established; or prevention and handling facilities and equipment have not been alloted.
(3) working institutions or responsible personnel have not been put in place.
(4) background investigations of personnel in key posts have not been conducted or personnel with inappropriate circumstances, such as records have intentional crimes or serious violations of law, have not had their position adjusted.
(5) Security personnel, and related equipment and facilities, were not alloted for operating aircraft, trains, boats, urban light rail, public transportation and other key means of transportation.
(6) Technological prevention equipment and facilities for transportation and goods were not established on the basis of urban and rural plans and relevant standards.
(7) where systems ensuring the normal operations of the public security video information systems such as for monitoring, storing and using information, operations and maintenance.
Where units managing and operating basic information networks and important information systems involving national welfare and the people's livelihood, public safety, and national security have not implemented a netowork security management system and technological safety protection measures, the public security organs give a warning and order corrections; where corrections are refused a fine of up to 500,000 yuan is given and the principle responsible person and other directly responsible personnel are fined up to 100,000 yuan.
Where units managing and operating basic information networks and important information systems involving national welfare and the people's livelihood, public safety, and national security have not implemented a netowork security management system and technological safety protection measures, the public security organs give a warning and order corrections; where corrections are refused a fine of up to 500,000 yuan is given and the principle responsible person and other directly responsible personnel are fined up to 100,000 yuan.
Article 99:Where financial institutions and unspecified non-financial institutions do not immediately freeze capital or other assets which the State Council public security departments have decided to freeze, a fine of between 200,000 to 500,000 yuan is given by the public security organs, and a fine of 10,000 to 50,000 yuan is given to directly responsible trustees, high level managers and other directly responsible personnel; where serious consequences are caused, the fine is between 500,000 and 5,000,000 yuan [for the institution], and between 50,000 and 500,000 for the directly responsible trustees, high level managers and , and other directly responsible personnel, and 5-15 days of detention may be concurrently given.
Article 100:Refusal to cooperate with relevant departments counter-terrorism safety precautions, intelligence investigation, or response handling efforts, is given a a fine of up to 2,000 yuan by the relevant departments; where serious consequences are caused, the fine is up to 10,000 yuan and 5-15 days of detention may be given concurrently.
Where units have the conduct provided for in the preceding paragraph, a fine of up to 50,000 yuan is given by the relevant departments, and where serious consequences are caused, the fine is up to 100,000; the principle responsible person and and directly responsible personnel are fined in accordance with the preceding paragraph.
Article 101:Where relevant departments are obstructed in initiating counter-terrorism efforts, a fine of up to 50,000 yuan is given by the public security organs, and between 5 to 15 days of detention may be given concurrently.
Where units have conduct from the preceding paragraph, a fine of up to 200,000 is given by the public security organs, and the principle responsible person and directly responsible personnel are fined in accordance with the preceding paragraph.
Obstructing the people's police, people's liberation army or people's armed police in the lawful performance of their duties, is given harsh punishment.
Article 102:Where units violate the provisions of this law and the circumstances are serious, they are ordered to stop business for rectification or stop production and business by the relevant competent departments; and where serious consequences are caused, licenses are revoked or registration withdrawn.
Article 103: Where provisions in the present Law are violated, conducts that constitute a violation of public security management shall receive public security punishments according to the law. Where a crime is constituted, criminal responsibility shall be prosecuted according to the law.
Article 104: "Terrorism" as used in this Law refers to thought, speech, or behavior which attempts to elicit panic in society, influence national policy-making, create ethnic hatred, subvert state power, or split the state through violence, destruction, intimidation, or other methods.
"Terrorist activity" as used in this Law includes the following:
(1) Advocating, inciting, or instigating terrorism;
(2) Organizing, leading, or participating in a terrorist organization;
(3) Organizing, planning, or carrying out terrorist acts;
(4) Supporting, assisting, or facilitating a terrorist organization or terrorists through acts such as providing information, funding, materials, technical equipment, or venues;
(5) Other terrorist activities.
"Terrorist organization" as used in this Law refers to a relatively fixed criminal organization of three persons or more which has been formed to carry out the terrorist activities stipulated in Paragraph 2 of this Article.
"Terrorist personnel" as used in this Law refers to members of a terrorist organization as well as people who carry out the terrorist activities stipulated in Paragraph 2 of this Article.
"Terrorist incident" used in this Law refers to terrorist activity in the process of occurring or which has already occurred and which has caused or may cause significant harm to society.
"Extremism" as used in this Law refers to the distortion of religious doctrine and advocating of religious extremism, as well as other thought, speech, or behavior which advocates violence, hatred against society, or opposition to human beings.
Article 105: Where a lawsuit, administrative review, or arbitration is unable to proceed normally due to measures being adopted in response to a terrorist incident, the relevant provisions on suspending the limitation period or proceedings shall be applied, except where otherwise provided by law.
Article 106: This Law shall take effect on XXXX. The Decision of the Standing Committee of the National People's Congress on Several Issues in Strengthening Counter-terrorism Efforts shall be repealed at the same time.