Tibet Autonomous Region Regulations on Counter-espionage Security Precautions

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS –THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS. PAGES WITHOUT IMAGES ARE WORKS IN PROGRESS.

English中文(简体)

Chapter I: General Provisions

Article 1: These Regulations are drafted on the basis of the "PRC National Security Law", the "PRC Counter-Espionage Law", the "Detailed Implementation Rules for the PRC Counter-Espionage Law" and other laws and regulations, and in consideration of the actual conditions in the autonomous region so as to implement the overall national security perspective, preserve the unity of the motherland, oppose separatism, preserve national sovereignty, national security and the nation's developmental interests, preserve social harmony and stability, strengthen efforts on counter-espionage security precautions, and prevent and stop espionage activities and activities using religion to endanger national security, as well as the creation of ethnic conflict, inciting of ethnic separatism, and other acts that endanger national security.

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

"Efforts on counter-espionage security precautions" as used in these Regulations refers to activities that strengthen the construction of the national security and civil defense line under the guidance of each level of Party committee and people's government; organizing and mobilizing state organs, people's groups, enterprises, public institutions, and other social organizations and citizens to prevent and stop acts of espionage, the use of religion to conduct activities that harm national security or acts that create ethnic conflict, incite ethnic separatism, or otherwise harm national security; in order to preserve national security.

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

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

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

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

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

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

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

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

 

Chapter II: Duties and Obligations

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

County (district) people's governments shall include efforts on counter-espionage security precautions in their online social governance systems, clarifying the duties of network managers such as for publicity and education, information collection, threat elimination, reporting leads, coordination, and cooperation, to implement measures and requirements for online management of counter-espionage security precautions.

Village (township) people's governments, and neighborhood offices shall include efforts on counter-espionage security in their online management, guiding villager and resident committees to carry out publicity and education on counter-espionage security precautions for the public.

Article 11: People's governments at all levels shall strengthen the construction of national security and civil defense line at borders, establish and complete work mechanisms for counter-espionage security precautions such as publicity and education, group defense and management, and commendations and rewards, to preserve border security.

People's governments at all levels should enhance frontier peoples' awareness of the nation, citizenship, national defense, national security, secrecy, and law; encouraging and guiding relevant units and frontier residents to discover and report information and leads on suspected espionage, and to assist in preventing and stopping acts of espionage.

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

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

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

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

(4) Guide and oversee state organs, people's groups, enterprises, public institutions, and other social organizations' performance of the counter-espionage security precautions provided for in article 13 of these Regulations;

(5) In conjunction with administrative departments for the prevention of secrets, draft a directory of key units for counter-espionage security precautions, guiding and overseeing their performance of the counter-espionage security precaution obligations provided for in article 14 of these Regulations;

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

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

(8) In conjunction with relevant departments, establish and complete mechanisms for coordinating counter-espionage security precautions, analyze and research risks of secrets being stolen by spies and other counter-espionage security situations, and improve counter-espionage security precaution measures;

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

(10) In conjunction with relevant departments, establish and complete mechanisms for coordinating the circulation of counter-espionage security precaution information, strengthening the joint construction and sharing of information, technological suport, work communication, and joint inspections;

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

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

(1) Establish and improve the organization of the national security and civil defense line, clarifying the liaison institutions and personnel, and establishing and completing anti-espionage security precaution systems;

(2) Strengthen the management of matters related to foreign interests or to secrets, and of unit and personnel related to secrets, and carry out training and testing on counter-espionage security precautions for personnel involved with foreign interests or secrets, organizing personnel involved with secrets to to sign documents on security and secrecy responsibilities.

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

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

(5) Carry out pre-departure education for delegations and personnel going overseas (outside the mainland), interviews for those returning to the country, and education and management of those based abroad for long periods of time.

(6) Carry out publicity and education on counter-espionage security precautions to increase the awareness and capacity of that unit on prevention;

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

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

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

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

In addition to the counter-espionage security-precaution obligations provided for in the first paragraph of this article, departments such as for the management of education, science and technology, natural resources, tourism, foreign affairs, religion, and communications, shall also guide and urge units in their corresponding systems or fields to carry out efforts on counter-espionage security precautions based on the characteristics of that system or field.

The representatives or principal responsible persons of state organs, people's groups, enterprises, public institutions, and other social organizations are entirely responsible for that unit's efforts on counter-espionage security precautions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Network operators shall improve systems for security management, implement technological measures for security and prevention, and where discovering that the networks are being used to endanger national security shall immediately stop transmission, store relevant records, report to the state security or public security organs, and provide necessary technical support and assistance to the state and public security organs in carrying out their work.

 

Chapter III: Publicity and Education

Article 23: The relevant departments of all levels of people's governments shall strengthen publicity and education on counter-espionage security precautions, and carry out concentrated publicity and education activities on the April 15th National Security Education Day, and November 1, the release date of the "PRC Counter-Espionage Law", to increase awareness of counter-espionage security precautions among state organs, people's groups, enterprises, public institutions, and other social organizations and citizens.

Village (resident) committees shall carry our efforts on education about counter-espionage security precautions for the public, spreading general awareness of counter-espionage security precautions.

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

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

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

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

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

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

Chapter IV: Legal Responsibility

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

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

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

 

Chapter V: Supplemental Provisions

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

 

About China Law Translate 1113 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*