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Regulations on the Implementation of the PRC Law on the Protection of State Secrets (Draft Revisions for Solicitation of Comments)

Chapter I: General Provisions

Article 1These Regulations are formulated on the basis of "The People's Republic of China Law on Protection of State Secrets" (hereinafter 'Secrets Law')

Article 2: Uphold and strengthen the Chinese Communist Party’s Leadership over efforts to protect state secrets (“secrecy work”). The Central Leading Institution for Secrecy Work is to uniformly lead secrecy work throughout the country, and is responsible for top-level planning, overall coordination, comprehensive advancement, supervised implementation of the entire nation's secrecy work.

All levels of party committee (party group) are to establish a dedicated organization for party management of secrets, responsible for the units of that region, department, or unit, and, in accordance with the Central Leading Institution for Secrecy Work uniform arrangements, is to implement the Party and state’s strategy and major policy measures for secrecy work, planning and coordinating major matters and efforts, to ensure that laws and regulations on secrecy are strictly implemented.

The dedicated organizations for the party management of secrets established in all levels of party committee (party group) are to promptly request instructions and report on work to the party committee (party group) for that level, and request instruction and report on major matters to the dedicated organization for the party management of secrets established by the party committee (party group) at the level above.

Article 3: The state secrecy administration department is in charge of secrecy work nationwide. The local secrecy administration departments at and above the county level shall be responsible for the secrecy work within their respective administrative regions, under the guidance of the secrecy administrative departments at the higher level.

Article 4: Within the scope of its authority, a central state organ manages or guides the secrecy work of its system, supervises the enforcement of secrecy laws and regulations and may, based on actual circumstances, formulate, or work together with relevant departments to formulate, secrecy provisions relating to the business of which they are in charge.

Article 5: An organ or unit must not designate as state secrets matters that should be disclosed to the public in accordance with the law, nor may it disclose information involving state secrets, to both ensure the security of state secrets and facilitate the reasonable use of information resources.

Article 6: Organs and units are to implement a responsibility system for secrecy work, and bear primary responsibility for the organ or units’ secrecy work. Organs’ and units’ primary responsible persons are responsible for the comprehensive leadership of the organ’s or unit’s secrecy work, and the persons in charge of secrecy work and the persons responsible for operations work are responsible for the leadership of secrecy work within the scope of their duties, and staff bear direct responsibility for secrecy work of their position.

Organs and units shall strengthen the establishment of secrecy work forces, central state organs shall establish secrecy work bodies and allot fulltime cadres for secrecy; other organs shall establish secrecy work bodies or appoint personnel specially responsible for secrecy work as required.

The performance of the secrecy work responsibility system by organs, units, and their staff shall be included into the contents of the annual performance assessments and evaluations.

Article 7: People’s governments at the county level and above shall strengthen the establishment of secrecy infrastructure and the allocation of key technical products for secrecy.

The secrecy administration departments at the provincial level or above shall promote innovation of technology for secrecy, advance efforts to develop key technological products for secrecy, and encourage and support the research and application of science and technology for secrecy.

Article 8: The expenses needed to fulfill the responsibilities of the secrecy administration departments shall be included in the budget for that level. The expenses needed by organs and units to carry out secrecy work shall be included in those organs’ and units’ annual budgets or the annual revenue and spending plans to ensure that secrecy work is carried out in accordance with law.

Article 9: All levels of secrecy administration departments shall organize and carry out regular publicity and education. Organizational human resource departments and civil service departments shall perform duties on secrecy education and training of cadres in conjunction with the secrecy administration departments. Party schools (administrative institutes), cadre academies, and other institutions for the education and training of cadres shall include secrecy education in their teaching system. Administrative departments for education shall the inclusion of secrecy education in the citizen education system. Publicity departments shall guide and encourage giving full play to the role of mass media, promote the enhancing of the whole society’s awareness of secrecy, and spread knowledge of secrecy.

Organs and units shall periodically conduct education and training for their own personnel on areas such as fine traditions in secrecy work, the secrecy situation and tasks, secrecy laws and regulations, and secrecy technologies and precautions, and cautionary cases of leaking secrets.

Article 10: Secrecy administration departments shall establish and complete professionalized forces, strengthen talent and team establishment, professional training and equipment allocation, and improve related incentive and guarantee mechanisms such as for professional title evaluation, performance management, and assessments and commendation in accordance with relevant state provisions, and raise the professional ability and level of secrecy work. The administrative departments for education shall strengthen guidance and support for curricula on secrecy.

Article 11: Persons or groups, any level of people's government, secrecy administration departments or the organs and units to which they belong, that have any of the following, shall be given commendations and awards in accordance with relevant state provisions:

(1) Protected state secrets in emergency situations;

(2) Made a major contribution towards maintaining the security of state secrets during major activities involving secrets;

(3) Had a major success or notable achievement in the development of secrecy technology;

(4) Was faithful to their duties while working in a secrets-related position, strictly protected state secrets, and had an outstanding performance;

(5) Promptly reported leaks or the illegal obtaining or possession of state secrets;

(6) Discovered that others had leaked or might leak state secrets, and immediately employed remedial measures, avoiding or lessening the harmful outcomes;

(7) Had outstanding achievements in secrecy management work.

 

Chapter II: The Scope and Classification Levels of State Secrets

Article 12: The specific scope of state secrets and scope of each classification level (hereafter referred to as the “scope of classified matters”) shall clearly provide the specific titles, classification levels, secrecy periods, scope of access of the state secrets, and the producing level.

The scope of classified matters shall be adjusted in a timely manner in light of changes of circumstances. When formulating or revising the scope of classified matters, they shall be fully debated to hear to opinions of the relevant organs and nits and of experts in relevant industries and fields.

Article 13: Based on the industry and field, and the range of secrets in that industry or field, organs and units shall draft a table of state secrets and report it for filing to the department for the administration and management of secrets at that level. The state secrets table shall be promptly revised based on the state secrets matters.

Article 14: An organ or unit’s primary responsible person is the person with legally prescribed responsibility for the organ or unit’s classification, and, as necessary for work, may indicate other responsible people in the organ or unit, the responsible person for an internal body, or other persons as being designated as responsible for classification.

Persons responsible for or undertaking classification work shall receive secrecy training, be familiar with classification duties and the scope of classified matters, and know the procedures and measures for state secret classification.

Article 15: Persons with classification responsibility undertake the work of determining, modifying ,and removing state secrecy designations within the scope of their duties. The specific duties are:

(1) Reviewing and approving the state secrets’ classification levels, secrecy periods and access scopes proposed by staff;

(2) Conducting reviews of state secrets designated by that organ or unit that are currently still within their secrecy period, and making decisions on whether to modify classification or declassify;

(3) Participating in drafting and revising that organ or unit’s secrets table, and guiding and overseeing classification work within the scope of their duties;

(4) Proposing preliminary classification levels, secrecy periods, and access scopes for matters that it is not clear are state secrets or what classification level they are, and submitting them to the secrecy administration departments in accordance with the procedures provided;

(5) For matters that should be classified, but which that organ or unit does not have classification authority over, first employ secrecy measures and follow the legally-prescribed procedures to report to the organs or units at the higher level for a determination; and where there is no higher level organ or unit, report to a competent operational department with classification authority or to the secrecy administrative management department.

Article 16: Central state organs, provincial-level organs and organs of municipalities divided into districts and autonomous prefectures may, based on work requirements or the application of a relevant organ or work-unit, and within the classification authority stipulated by the national secrecy administration department, make a delegation of classification authority within the scope of their authority.

Where authorization cannot be made in accordance with the preceding paragraph, the state secrecy administration department or a provincial, autonomous region, or directly governed municipality secrecy administration department may make a classification authorization as needed for secrecy work or on the application of an organ or unit. The authorized organ or unit must not make further authorizations.

Classification authorizations shall be issued in writing. The authorizing organ shall supervise the authorized organ or unit's performance in fulfilling the classification authorization.

The classification authorizations made by central state organs, provincial level organs, and provincial, autonomous region, or directly governed municipality secrecy administration departments shall be reported for the record to the national secrecy administration department; the classification authorizations made by organs of municipalities divided into districts and autonomous prefectures shall be reported for the record to the secrecy administration departments of the respective provinces, autonomous regions or municipalities directly under the Central Government.

Article 17: When producing state secrets, the organs or units shall make sure that persons originating the state secrets shall propose, pursuant to the relevant scope of the classified matters, the secrecy classification level, secrecy period, and access scope; submit them to the state secrets classifiers for review and approval; and adopt appropriate secrecy protection measures.

Where organs and units implementing or handling state secret matters designated by other organs and units, need to determine the classification level, secrecy period, and scope of access based on the state secret that they are implementing or handling, it is a derivative state secret and shall be handled in accordance with relevant state provisions.

Where organs and units designating state secrets can specify the heart of the secrecy, they are to determine and label it in accordance with state secrecy provisions.

Article 18: Organs and units shall determine the specific secrecy period or time for declassification according for the state secrets they produce in accordance with provisions on the scope of the classified matters; and where it is impossible to determine, the conditions for declassification shall be determined.

The secrecy period of a state secret shall be calculated starting from the date marked on which the state secret originated; where it is impossible to mark the date on which the state secret originated, the organ or unit determining the state secret shall notify in writing all the organs, units and personnel within the access scope, and the secrecy period shall be calculated starting from the date of notification.

Article 19: Organs and units shall restrict the scope of access for state secrets in accordance with law. record of personnel with access to state secrets at the secret level and above shall be made.

Article 20: State secrets media and equipment and products that are state secrets (hereinafter “secret items”) shall be marked with a state secrets label in an obvious position. The state secrets label shall indicate the classification level and the secrecy period. When the classification level or secrecy period are modified, the original state secrets label shall be modified promptly.

Where a state secrets label cannot be applied, the organ or unit that determined that state secret shall notify in writing the organs, units and personnel within the access scope of that state secret.

Article 21: Where organs and units find that state secrets they designated meet Secrets Law’s conditions for declassification or modification, they shall promptly declassify or modify it.

Organs and units that find state secrets they did not designate meet the Secrets Law’s conditions for declassification or modification, they may submit a recommendation to the organ or unit that originally determined that state secret, or to an organ or unit above it.

The organs or units that originally classified archives of state secrets that have already been transferred to any level of state archives bureaus in accordance with law shall conduct declassification reviews in accordance with relevant state provisions.

Article 22: Where organs or units are disbanded or merged, the organs or units that assume their functions shall be responsible for the modification or declassification of the state secrets they classified by them, and a unit may also be designated as responsible by their superior organ or unit, or the secrets administrative management department at the same level.

Article 23: When an organ or unit discovers that a designation, modification or declassification it made was not appropriate, it shall promptly correct it; when a higher level organ or unit discovers that a designation, modification or declassification by a lower level organ or unit was not appropriate, it shall promptly notify that organ or unit to make corrections or may also directly correct the situation itself.

Article 24: When dealing with an uncertain matter that is subject to the provisions of the State Secrets Law but is not clearly provided for in the scope of classified matters, an organ or unit shall propose a preliminary classification level, secrecy period, and access scope for it, adopt corresponding secrecy protection measures, and submit an application to the relevant departments for designation within 10 working days of the proposal. Matters proposed to be classified as top secret, or that are proposed to be classified as secret or confidential by a central state organ, are to be reported to the national secrecy administration department for designation; and matters proposed to be classified as secret or confidential by other organs or units are to be reported for designation by a provincial, autonomous region, or directly governed municipality secrecy administration department.

The secrecy administration departments shall make a decision within 10 working days of receipt of the reports. The secrecy administrative departments of the relevant provinces, autonomous regions or municipalities directly under the Central Government shall further promptly file their decisions on uncertain matters with the national secrecy administrative department for the record.

Article 25: Where an organ or unit has a different view on whether a certain classified matter is a state secret or concerning what is the appropriate classification level, it may raise its objection to the organ or unit that was the original classifier, and the original classifying organ or unit shall make a decision.

When the organ or unit still objects to the original classifying organ or unit’s failure to handle a matter or a decision, the matter shall be handled pursuant to the following provisions:

(1) Matters classified as top secret or matters classified by central state organs as secret or confidential are to be reported for designation to the national secrecy administration department.

(2) Matters classified by other organs or units as secret or confidential are to be reported for determination to the provincial, autonomous region, or directly governed municipality secrecy administration department.

Pending a decision by the original classifying organ or unit, or a decision by the secrecy administration department, secrecy protective measures corresponding to the highest classification level proposed shall be employed for the matter.

 

Chapter III: Secretcy Systems

Article 26: The management of state secret media shall comply with the following provisions:

(1) The making of state secret media shall be undertaken by an organ or unit itself, or by a unit that has obtained qualifications for the production or reproduction of state secrets media, and the production venues and equipment shall comply with provisions on state secrets;

(2) When receiving or delivering state secret media, the formalities of counting, numbering, registering, and signing for the receipt of the state secret media shall be performed;

(3) The transfer of state secret media shall be done through means such as of confidential transportation, confidential communication, or other means that comply with provisions on state secrets;

(4) The reproduction of state secret media or the extraction, quotation, or compilation of state secrets content shall be reported for approval in accordance with provisions; the classification level, secrecy period, or access scope of the original must not be changed without authorization;

(5) The access or use of state secret media shall be conducted in venues that comply with state secrecy provisions.

(6) The sites, facilities and equipment for storing state secret media shall comply with state secrecy provisions;

(7) The maintenance of state secret media shall be the responsibility of dedicated technicians of the organ or unit. Where personnel from outside the unit are required for maintenance, they shall be overseen on-site by the organ or unit’s personnel. Where it is truly necessary for maintenance to be done outside the unit or organ, it shall comply with state secrecy provisions;

(8) In taking state secret media out of the unit, state secrecy provisions are to be complied with; and reliable secrecy measures are to be employed. In taking state secrets media out of the mainland, approval procedures shall be handled in accordance with state secrecy provisions;

(9) The return of state secrets media shall be handled in accordance with the requirements of the organ or unit that sent them out;

(10) The destruction of state secret media shall comply with state secrecy provisions and standards to insure the state secret information cannot be restored. When destroying state secret media, the formalities for counting, registering, reviewing, and approval shall be performed, and it shall be sent to the work body set up or designated by the secrecy administration departments. Where, as required by their work, organs or units destroy a small amount of state secret media themselves, they shall use equipment and methods that comply with state secrecy standards.

Article 27: The management of top secret state secret media shall additionally comply with the following provisions:

(1) The sending or carrying of top secret state secrets media shall be conducting by two or more persons, and the bags they use shall comply with state secret provisions;

(2) The access or use of top secret state secret media must be conducted in designated venues that comply with state secrecy provisions.

(3) Top secret document information materials must not be reproduced, downloaded, compiled, or copied, and where truly needed for work, the consent of the issuing unit or its superior unit shall be solicited;’

(4) It is prohibited to carry top secret state secret media out of the mainland, except as otherwise provided by law.

Article 28: Organs and units shall conduct management of the research, production, testing, transport, use, storage, maintenance, and destruction of secret items in accordance with law.

Organs and units shall promptly determine the secrecy level and secrecy period for secret items, strictly controlling the scope of those having contact with secret items, and employing security and secrecy precaution measures in the venue and position where secret items are placed.

The research, production, and maintenance of top secret level secret items shall be conducted in a sealed venue and have a dedicated venue for placement and storage.

Objects such as spare parts, components, and modules for secret items are to be managed in accordance with state secrets provisions.

Article 29: Organs and units shall determine the critical departments and positions in accordance with law, and report to the secrecy administration department for determination, and have strict secrecy management.

Article 30: Classified information systems shall be classified as top secret, classified, and secret according to the degree of their secrecy. Organs and units shall determine the secrecy classification level of their stored classified information systems at the highest secrecy classification level of protection, and adopt appropriate security precaution measures in accordance with the protection requirements of each secrecy classification level

Article 31: Classified information systems shall be subject to testing and assessments by institutions established or authorized by the national secrecy administration department, and pass evaluation by secrecy administration departments at the districted-city or autonomous prefecture level or higher before they may be put into use. The testing and assessment review work for the classified information systems of public security organs and state security organs is to be carried out in accordance with relevant provisions drafted separately by the secrecy administration departments, public security organs, and state security organs.

Article 32: Organs and work-units shall strengthen the management of operation and use of classified information systems, appoint specific institutions or personnel to be responsible respectively for the operational maintenance, security and secrecy protection management, and security audits, and regularly conduct security and secrecy protection inspections and risk assessments.

Article 33: Where a change occurs in the classification level, scope of use, or usage environment of an organ or units’ classified information system that might cause new security and secrecy risks, then corresponding protective measures shall be employed in accordance with state secrecy provisions, and a security and secrecy risk assessment is to be conducted. Top secret level classified information systems shall have a security and secrecy risk assessment conducted at least once each year, and those at the classified level or lower shall have a security and secrecy risk assessment conducted at least once every two years.

The information equipment used in classified information systems shall be secure and reliable, and where wireless means are used to access classified information systems, they shall comply with provisions and standards for state secrecy and encryption management.

Where classified information systems will not be used again, there is to be a handling of the relevant facilities and equipment in accordance with state secrecy provisions and standards, and filings promptly made with the secrecy administration departments in accordance with secrecy management provisions.

Article 34: The research and development, production, purchase, and allotment of state secrets products and secrecy technological equipment to be used in the protection of state secrets shall comply with state provisions and standards on state secrecy. Encourage research, development, and production units to employ new technologies, methods, and craftsmanship and other innovative security and secrecy products and secrecy technological equipment, as needed for work.

Article 35: Research, development, and production units shall continue to provide repair and maintenance services for security and secrecy products and secrecy technological equipment used in the protection of state secrets, and establish mechanisms for discovering and addressing vulnerabilities and defects, and must not set up malicious applications in security and secrecy products and secrecy technological equipment.

Research, development, and production units may apply to the bodies established or appointed by the national secrecy administration department to have testing conducted of security and secrecy products and secrecy technological equipment, and where they pass testing, those bodies may issue a certificate of qualification. The security and secrecy products and secrecy technology equipment produced by research, development, and production units shall be consistent with the sample submitted for testing.

Article 36: The state secrecy administration department is to organize the bodies that it established or authorized to carry out spot inspections and re-examinations of security and secrecy products and secrecy technological equipment, and where it is discovered that they do not comply with provisions and standards on state secrecy, they shall order them to make corrections, and where there are major issues of quality, major defects, or serious risk of leaks, they shall order them to employ remedial measures such as stopping sales or recalling products, and the relevant units will cooperate.

Article 37: Network operators shall obey laws, regulations, and relevant state provisions on secrecy and establish systems for making complaints, reporting, discovering, and addressing illegal conduct in secrecy, and improve mechanisms for acceptance and handling. Draft emergency response plans for leaks, and where leaks occur, network operators shall immediately initiate the emergency response plans, employ remedial measures, and report to the secrecy administration departments or to the public security organs or state security organs.

Article 38: Network operators shall cooperate with secrecy administration departments’ investigation of leaks and screening of early warning incidents.

Secrecy administrative departments at the provincial level or above that, in the course of performing their secrecy oversight duties, discover larger risks of leaks online or that leaks have occurred, may speak with the network operators’ legal representative or primary responsible person in accordance with their authority. Network operators shall make corrections and eliminate latent risks as required.

Article 39:The staff of organs and units must not violate laws and regulations on secrecy by using non-classified information systems or information equipment to store, handle, or transmit state secrets, and the use of smart terminal equipment or portable electronics shall comply with state secrecy provisions. Organs and units shall strengthen secrecy management for the use of the internet and new media.

Article 40: Organs and units shall establish mechanisms for secrecy reviews for information disclosures, clarifying the reviewing body and regulating the procedures for reviews, following the principle of reviewing before disclosure in work such as open government information and news and publicity reports, and conducting itemized secrecy review of information for which disclosure is proposed.

Article 41: Organs and units shall bear responsibility for classified data security protections, and activities handling classified data, such as its production, collection, storage, recovery, use, processing, transmission, provision, or destruction shall comply with state secrecy provisions.

The national secrecy administration department and the provincial, autonomous region, or directly governed municipality secrecy administration departments shall, in conjunction with the relevant departments, establish security and secrecy prevention mechanisms such as for dynamic monitoring and comprehensive assessment; and guide organs and units in the implementation of prevention measures for security and secrecy, preventing risks of leaking that may be caused by data aggregation and connections.

Organs and units shall strengthen security management for data that involves state secrets after aggregation and association, and comply with requirements for prevention and management.

Article 42: Where organs and units provide state secrets abroad or to the organizations or bodies established in the mainland by foreign entities, as well as their staffs, or where they recruit or hire foreign personnel who need to know of state secrets for work, they shall conduct a review and assessment and handle it in accordance with state secrecy provisions, sign a confidentiality agreement, and urge the implementation of secrecy management requirements.

Article 43: Where holding meetings or other activities that involve state secrets. the hosting unit shall employ the following secrecy protection measures, and the units and individuals undertaking or participating in the meeting shall cooperate.

(1) Designate the classification level for the meeting or activity on the basis of its contents, formulate a secrecy protection plan, and limit the scope of its participants and staff;

(2) Use only venues and equipment that comply with state secrecy provisions and standards, and employ necessary measures such as secrecy technological protections.

(3) Manage state secrets media in accordance with state secrecy provisions; and

(4) Conduct identify verification and secrecy education for participants and staff, and give specific secrecy requirements;

(5) Other measures as required by secrecy laws and regulations and state secrecy provisions.

Where meetings are held by means such as television, telephone, or online, the relevant state provisions and standards on secrecy shall also be complied with.

Article 44: The secrecy administration departments and other competent departments shall strengthen guidance and oversight of secrecy management work for the area surrounding classified military facilities and other important classified units, establish coordination mechanisms and organize and urge corrections; relevant organs and units shall cooperate to promptly discover and eliminate security and secrecy risks.

Article 45: Enterprises and public institutions engaging in operations involving state secrets (hereinafter “classified operations”) shall comply with the following requirements:

(1) They shall be legal persons established in accordance with law for one year or more within the mainland territory of the People’s Republic of China, except as otherwise provided by the state;

(2) Not have had a leak in the preceding year, not have had classification credentials revoked with the last 3 years, and have legal representatives, principle responsible persons, and actual controllers who do not have a criminal record and have not been entered in a list of untrustworthy persons.

(3) Personnel that engage in classified operations have PRC citizenship, no permanent residency rights or long-term resident permits abroad, except as otherwise provided by the state;

(4) secrecy protection systems are sound and they have dedicated bodies or personnel responsible for secrecy work;

(5) The sites, facilities and equipment used in the classified operations comply with state secrecy provisions and standards;

(6) They possess the professional competence to undertake classified operations ;

(7) Other requirements as provided by secrecy laws and regulations and state secrecy provisions.

Article 46: Enterprises or public institutions engaging in the production, reproduction, repair, or destruction of state secret media, the integration of classified information systems, research and production of weapons, the construction of classified military facilities, or other classified operations shall be subject to secrecy review by the secrecy administration departments together with relevant departments, to obtain secrecy qualifications.

The qualifications unit is to implement an annual inspection system, and each year shall report the preceding year’s inspections to the secrecy administration department that made the permitting decision.

Article 47:Organs and units purchasing projects, goods and services involving state secrets, or retaining enterprises and public institutions to engage in classified operations, shall designate the classification levels in accordance with state secrecy provisions and comply with state secrecy provisions and standards. Organs and units shall sign confidentiality agreements with the relevant units or individuals, put forward secrecy requirements, employ secrecy measures, and carry out management of the entire process.

Where organs and units purchase or retain enterprises or public institutions to engage in the classified operations provided for in article 47 of these Regulations, they shall review the secrecy qualifications of the undertaking unit; and where purchasing or retaining enterprises or public institutions to engage in other classified operations, they shall indicate the conditions that the participating unit possess and conduct a review, to ensure that they possess the necessary operational capacity and capacity for secrecy management.

Government procurement oversight management departments and secrecy administration departments shall lawfully strengthen oversight and management of projects, goods, and services involving state secrets or other oversight and management of entrusted classified operations.

Article 48: Organs and units shall designate classified posts in accordance with law, organization and human resource departments are to take responsibility for implementing secrecy reviews of proposed staff to be appointed or hired to serve in classified posts to determine whether they possess the requirements and capacity to serve in those posts, and make periodic re-examinations.

Staff intended to be appointed or hired for classified posts shall truthfully provide relevant circumstances. Where secrecy review requires cooperation from the subject’s work or study unit or relevant departments and personnel from their residence, the relevant units, departments, and personnel shall cooperate. When necessary, the public security organs and state security organs shall assist in reviews as requested. Those who have not passed secrecy review must not be appointed or hired to serve in classified posts.

Article 49: Secrets-related personnel shall comply with secrecy laws and regulations and with the secrecy systems of the corresponding organs or units, strictly comply with self-discipline for secrecy, fulfill secrecy pledges, and accept secrecy management; they must not leak state secrets through any means.

Article 50: Organs and units’ human resources departments, in conjunction with secrecy work bodies, are responsible for the secrecy management of secrets-related personnel. Organs and units’ secrecy work bodys shall perform carry out regular oversight inspections of secrets-related personnel’s performance of secrecy responsibilities, and strengthen education and training in conjunction with the human resources department.

For secrets-related personnel leaving the mainland, the organs and units’ human resources departments and secrecy work bodys are to submit comments and review and approval is to be in accordance with administrative personnel hierarchies, cadre management authority, and foreign affairs approvals. Secrets-related personnel leaving the mainland shall receive secrecy education and training, and promptly report on the situation abroad.

Article 51: Before secrets-related personnel leave their positions or jobs, they shall have a secrecy reminder conversation, sign a secrecy pledge for leaving the position or job, return all state secret media and classified equipment, cancel access authority for classified information systems, and have the classification separation period designated.

Article 52: Where secrets-related personnel leave their jobs without authorization or seriously violate state secrecy provisions during their classification separation period, the organ or unit shall promptly report to the competent department at the level above, and concurrently report to the secrecy administrative departments, public security organs, and state security organs for the same level; the secrecy administration department is to carry out punishment measures in conjunction with the relevant departments and in accordance with law.

Article 53:Organs and units shall establish and complete systems for safeguarding the rights and interests of secrets-related personnel, and where secrets-related personnel’s performance of secrecy obligations causes a restriction or harm to their lawful rights and interests, they are to be given corresponding benefits or compensation in accordance with relevant state provisions.

 

Chapter IV: Oversight and Management

Article 54: Organs and units shall submit annual reports on the situation of their secrecy work to the secrecy administration departments of at the same level. Secrecy administration departments at lower levels shall submit annual reports on the situation of the secrecy work in their respective administrative areas to the secrecy administration departments at the higher level.

Article 55: The state is to establish and improve a system of standards for secrecy. The state secrecy administration department is to draft national secrecy standards and industry standards in accordance with laws and administrative regulations, and may use or draw from related state standards, industry standards, group standards, and enterprise standards; social groups such as academic societies, associations, and industry technical alliances may draft group secrecy standards; and relevant enterprises may draft enterprise secrecy standards.

Article 56:The secrecy administration departments shall conduct, in accordance with the law, inspections on enforcement of secrecy laws and regulations by organs and units in the following areas:

(1) implementation of the secrecy work responsibility system. as well as the set up of secrecy work bodies and allotment of personnel;

(2) The establishment of secrecy systems;

(3) Publicity, education and trainings on secrecy;

(4) Secrecy management of secrets-related personnel;

(5) The designation, modification, declassification, and filing of state secrets;

(6) The management of state secrets media;

(7) The secrecy management of information systems and information equipment;

(8) The secrecy management of internet and new media use;

(9) The management of classified venues and critical secrecy departments and positions;

(10) The management of purchases of classified projects, goods, or services, or retention of enterprises or public institutions to engage in classified operations;

(11) The management of meetings and activities involving state secrets;

(12) Secrecy reviews for disclosing information;

(13) Other circumstances on the enforcement of secrecy laws and regulations, state secrecy provisions, and standards.

Organs and units shall carry out annual self-inspections and assessments on the implementation of secrecy laws and regulations.

Article 57: Secrecy administraion departments shall comply with relevant provisions and procedures when lawfully carrying out secrecy inspections and investigating or addressing cases; accessing relevant materials, questioning personnel, and making records; registering and storing relevant facilities, equipment, documents, and materials, and conducting technological secrecy protections.

Relevant organs, units, and personnel shall cooperate with the secrecy administration departments’ lawful performance of duties, truthfully reflect circumstances, and provide necessary materials; they must not dissemble, conceal or destroy evidence, or use of means to avoid or obstruct secrecy oversight management.

After conducting an inspection, the secrecy administration department shall issue an inspection opinion and, if reform or improvement is required, it shall make clear the content of and deadline for the reform or improvement, and report the inspection results with a limited scope.

Article 58: Secrecy administration departments shall promptly investigate leads or cases of suspected secrecy violations in accordance with law, or organize and urge relevant organs and units to investigate and address them, and where they find that it is necessary to employ remedial measures, they shall immediately order the relevant organs, units, and personnel to stop the illegal conduct and employ effective measures to prevent the scope of leaks from expanding. After the investigative work has been concluded, where there are facts indicating laws or regulations on protecting state secrets have been violated and that liability needs to be pursued, the secrecy administration department shall make an administrative punishment decision or submit a recommendation on handling and transfer it to be addressed by the supervision organs or judicial organs. The relevant organ or unit shall promptly notify the secrecy administration department at the same level of the results in writing.

Article 59: When an organ or unit discovers that a state secret has been leaked or might be leaked, it shall immediately take remedial measures and report the matter within 24 hours to the secrecy administration department at the same level of government and the department in charge at the higher level.

After the local secrecy administration departments at various levels receive a report of a leak, they shall report the matter within 24 hours level by level up to the national secrecy administration department.

Secrecy administration departments are to accept citizen’s reports of leads on cases of leaks in accordance with law, and protect the lawful rights and interests of the informant.

Article 60: Illegally acquired or possessed state secrets media that are seized by a secrecy administration department shall be registered and a list of the seized media shall be made, clearly identifying the secrecy classification level, quantity, source, and scope of exposure of, and appropriate secrecy measures shall be adopted.

The secrecy administration departments may request that relevant departments such as the public security and market regulation departments assist in seizing illegally acquired or possessed state secrets media, and the relevant department shall cooperate.

Article 61: Where any level of local case-handling organ that is handling a case of suspected leaks applies for a state secrets and intelligence appraisal, it is to submit it to a provincial, autonomous region, or directly governed municipality secrecy administration department; where the case-handling organ at the central level applies for a state secrets and intelligence appraisal, it is to be submitted to the state secrecy administration department.

State secrets and intelligence appraisals shall be conducted based on secrecy laws and regulations, the scope of the secret matter, and so forth. The secrecy administration departments shall conclude the appraisal of the secrecy classification level and issue an appraisal conclusion within 30 days after accepting the appraisal application. If it cannot be issued on time, the deadline may be extended by 30 days with the approval of the responsible person of that secrecy administration department. Time such as for soliciting comments and expert consultation is not calculated into the appraisal time limits.

Where the case-handling organs object to the appraisal conclusions, they may apply for a reconsideration to the state secrecy administration department.

Article 62: The state secrecy administration department is to exercise the the duty of national security reviews in accordance with laws and regulations, make review decisions or issue review opinions, and oversee enforcement in accordance with law.

Article 63: Secrecy administration departments at the districted-city level or above shall establish systems for monitoring and early warnings, analyze and assess information and materials related to secrecy work, allot facilities and corresponding work forces for monitoring and early warnings, to discover, recognize, and handle threats to security and secrecy and latent risks, and promptly issue warning circulars.

Article 64: The secrecy administration departments and departments such as for discipline inspection, publicity, internet information, adjudication, procuratorates, foreign affairs, development and reform, commerce, education, technology, industry and information technology, finance, public security, state security, customs, and encryption management, as well as military secrecy departments, shall strengthen coordination and cooperation in secrecy work, and promptly report on situations.

Article 65: Secrecy administration departments and their staff shall carry out work in accordance with the legaly-prescribed authority and procedures so that law enforcement is strict, regulated, just, and civil; and shall accept oversight.

 

Chapter V: Legal Responsibility

Article 66: Where relevant departments or units and their staffs commit any of the following acts, an organ with authority is to order corrections and the directly responsible managers and other directly responsible personnel are to be punished according to law; and where a crime is constituted, criminal responsibility is to be pursued in accordance with law

(1) Failure to implement secrecy work responsibility systems;

(2) Failure to designate, modify, or lift classification of state secrets in accordance with law;

(3) Failure to conduct precautions or management of secrets-related venues and critical secrecy departments;

(4) Failure of classified information systems to conduct testing and appraisal reviews in accordance with provisions before entering service, and still not making corrections after being ordered to;

(5) Openly disclosing state secrets without going through secrecy review or where secrecy review was not strict;

(6) retaining units that do not possess secrecy requirements to engage in secrecy operations;

(7) violating provisions on the management of secrets-related personnel;

(8) Failing to make reports when cases of leaks occur, or failing to promptly employ remedial measures;

(9) failure to perform classified data security management duties in accordance with law;

(10) Other situations in violation of secrecy laws and regulations.

For personnel for whom sanctions are not applied, the secrecy administration departments are to give punishments in accordance with law.

Where institutions and persons that cannot be addressed in accordance with the provisions above violate secrecy laws and regulations, they are to be given criticism and education in accordance with law; where the circumstances are serious or they leaked state secrets, the competent departments are to give punishments in accordance with law.

Article 67: Where, in the course of a secrecy inspection or investigation and handling of state secret leak cases, a relevant organ or unit and their work personnel refuse to cooperate, engage in fraud, hide or destroy evidence or use other means to avoid or obstruct the secrecy inspection or investigation of a state secret leak case, disciplinary action shall be taken against the directly responsible personnel in charge and other directly responsible personnel in accordance with the law.

Where enterprises or public institutions and their staff aid organs or units to avoid or obstruct secrecy inspections or the investigation and handling of secrecy violation cases, the relevant departments in charge shall take disciplinary actions against them in accordance with the law.

Article 68: In any of the following situations, where network operators violate the provisions of secrecy laws and regulations, the secrecy administration departments are to order them to make corrections, give warnings, and circulate criticism; where the circumstances are serious, a fine of between 50,000 and RMB 500,000 is to be given, and the directly responsible managers and other directly responsible personnel are to be fined between 10,000 and 100,000 RMB:

(1) Where a cases of leaked secrets occurs and they fail to employ remedial measures in accordance with law;

(2) Failure to cooperate with secrecy administration departments carrying out case investigations or early warning incident screening;

(3) Not following the requirements of the secrecy administration departments to employ measures to address the illegal storage, handling, transmission, or publication state secrets, such as stopping services or removal;

(4) Other situations in violation of secrecy laws and regulations.

Article 69: In any of the following circumstances where security and secrecy products and secrecy technological equipment used to protect state secrets do not comply with state secrecy provisions and standards, departments such as for secrecy administration are to give warnings and circulate criticism to the research and development units, and order the relevant testing institutions to cancel qualifications; where there are unlawful gains, they are to be confiscated; where the circumstances are serious, a concurrent fine of between 1 and 5 times the value of unlawful gains may be given, and the directly responsible managers and other directly responsible personnel are to be given a fine of between 10,000 and 100,000 RMB.

(1) Still not compliant after being ordered to make corrections;

(2) Have major defects or serious risks of leaks;

(3) Cause the leakage of state secrets;

(4) Other serious endangerment of state secrets security.

Article 70: Where enterprises and public institutions entrusted by organs and units to engage in secrecy operations violate secrecy laws and regulations as well as state provisions on secrecy management, the secrecy administration departments are to order them to make corrections in a set period, give warnings, and circulate criticism; where there are unlawful gains, they are to be confiscated.

In any of the following situations, enterprises and public institutions that have obtained secrecy qualifications may also have their qualification level lowered, or have secrecy operations suspended:

(1) Cooperated to carry out secrecy operations with other qualified units without authorization and without the written consent of the party that retained them.

(2) Took on secrecy operations beyond the type and scope of operations for which they are qualified;

(3) Failed to make corrections within the time required by the secrecy administration department or was still not compliant with secrecy laws and regulations or state provisions on secrecy management after making corrections;

(4) Other violations of state secrecy provisions or existence of major threats of leaks;

In any of the following situations, enterprises and public institutions that have obtained secrecy qualifications may also have their secrecy qualifications revoked:

(1) They modified, sold, leased, or lended their qualifications certificate;

(2) Classified operations were contracted or subcontracted to units without corresponding secrecy qualifications;

(3) It is discovered that state secrets have either already leaked or might leak, and it is not reported in the legally-prescribed time period;

(4) They refuse, avoid, or obstruct secrecy inspections;

(5) They took on new secrecy operations while qualifications were suspended;

(6) They still do not comply with secrecy management provisions at the completion of the period for suspension of qualifications;

(7) Major leaking cases occur;

(8) Other conduct in serious violation of secrecy laws and regulations as well as state provisions on secrecy management.

Article 71: Where secrecy administration departments have not carried out their duties in accordance with the law, or have abused their powers, derelict duties, or twisted the law for personal gain, sanctions are to be given to the directly responsible managers and other directly responsible personnel; and where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

 

Chapter VI: Supplementary Provisions

Article 72: Central state organs shall consider actual work conditions to formulate the specific scope of work secret matters for the corresponding industry or field; and report this for filing to the state secrecy administration department.

Organs and units shall strengthen the management of that organ or unit’s work secrets, and employ protective measures such as technical prevention and self-oversight. Where violations of relevant provisions cause a leak of work secrets, and the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Specific provisions on the management of work secrets are to be drafted by the state secrecy administration department.

Article 73: These Regulations are to take effect on XX/XX/XX. The Regulations on the Implementation of the P.R.C. Law on the Protection of State Secrets published on January 17, 2014 by the State Council and effective since March 1, 2014, are concurrently abolished.

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