Xinjiang Implementing Measures for the P.R.C. Counter-Terrorism Law

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Public Notice of the Standing Committee of the 12th People's Congress of the Xinjiang Uighur Autonomous Region

(No. 25)

The "Xinjiang Uighur Autonomous Region Implementing Measures of the Counter-Terrorism Law of the People's Republic of China" have been passed by the Standing Committee of the 12th People's Congress of the Xinjiang Uighur Autonomous Region on July 29, 2016 and are hereby promulgated. They shall come into force on August 1, 2016.

Notice is hereby given.

Standing Committee of the 12th People's Congress of the Xinjiang Uighur Autonomous Region

July 29, 2016

Contents

Chapter I: General Provisions

Chapter II: Designation and Announcement of Terrorist Organizations and Personnel

Chapter III: Security and Prevention

Chapter IV: Intelligence information

Chapter V: Investigation

Chapter VI: Response and Handling

Chapter VII: Education Management

Chapter VIII: Safeguard Measures

Chapter IX: Legal Responsibility

Chapter X: Supplementary Provisions

 

Xinjiang Uighur Autonomous Region Implementing Measures of the Counter-Terrorism Law of the People's Republic of China

 

Chapter I: General Provisions

Article 1: These measures are formulated on the basis of the "Counter-Terrorism Law of the People's Republic of China" and relevant laws and regulations, together with actual practice within the autonomous region, so as to prevent and punish terrorist and extremist activities, to strengthen efforts to counter terrorism and extremism, to protect national security and the safety of people's lives and property, and to preserve social stability and enduring political stability.

Article 2: These measures apply to efforts to counter terrorism and extremism inside the autonomous region's administrative region.

Article 3: "Terrorism" refers to appeals and actions that create social panic, endanger public safety, violate person and property, or coerce national organs or international organizations, through methods such violence, destruction, intimidation, so as to achieve their political, ideological, or other objectives.

Article 4: Efforts to counter terrorism and counter extremism adhere to the principles of emphasizing prevention, combining punishment and prevention, anticipating the enemy's moves, remaining proactive, and comining special teams with the full civic participation.

Article 5: Efforts to counter terrorism and extremism shall treat both the symptoms and causes and take comprehensive measures, combating in accordance with law and blending leniency and severity, respecting customs and protecting human rights.

Article 6: Based on article 3 of the Counter-Terrorism Law of the People's Republic of China, the following acts will be found to be terrorist activities:

(1) Colluding with domestic or foreign terrorist organizations or individuals, or accepting incitement, detachments or funding from foreign terrorist organizations or individuals, to carry out or prepare to carry out terrorist activities;

(2) Organizing or bringing together others to advocate, distribute or transmit terrorism or extremism so as to form a terrorist activity organization, develop membership, or organize, plot or carry out terrorist activities.

(3) Establishing training venues, or organizing and gathering others to for fitness and skills training, to carry out terrorist activities;

(4) Recruiting or transporting personnel for terrorist organizations, to implement terrorist activities, or for terrorist activity training;

(5) Organizing or inciting others to cross national (territorial) borders, to participate in terrorist activities, receive terrorist activity training, or carry out terrorist activities;

(6) Using mobile phone, the internet, mobile storage media or audio and video materials, electronic documents, a/v products, or printed materials, to advocate or disseminate terrorism or extremism, or transmit methods for terrorist crimes.

(7) Other terrorist activities.

Article 7: Extremism is the ideological foundation of terrorism, preventing and punishing extremist activities is an important strategy for countering the roots of terrorism.

Resolutely oppose all forms of using distorted religious teachings or other means to incite hatred or discrimination, and advocate violence and other extremism.

Article 8: The Autonomous Region establishes a leading agency for counter-terrorism work, deployed according to national counter-terrorism work, and planned as a whole will direct the coordinated counter-terrorism work for the entire region; each prefectural city (area) establishes a leading agency for counter-terrorism work, which shall be responsible for counter-terrorism work in its own area; each county-level city (district) establishes a leading agency for counter-terrorism work as needed.

The production and construction corps establishes a leading agency for counter-terrorism work, which shall complete its counter-terrorism work under the leadership of the Autonomous Region's leading agency for counter-terrorism work.

Beneath the leading agency for counter-terrorism work at each level will be established a working agency, which shall be responsible for handling day-to-day work.

The leading agency for counter-terrorism work shall report on its work to the leading agency for counter-terrorism work that ranks above it, and in emergency situations it shall make its report(s) immediately, and where necessary may bypass ranks to make a report.

Article 9: Public security organs, national security organs and people's procuratorates, people's courts, judicial-administrative organs and their member units shall ,according their duties, division of labor, collaborate to complete counter-terrorism and counter-extremism work.

Relevant departments shall establish a joint coordination mechanism that relies upon and mobilizes villagers' committees, residents' committees , enterprises and public institutions, and societal organizations to jointly develop counter-terrorism and counter-extremism efforts.

Units and individuals have the obligation to provide assistance to, and cooperate with relevant departments in carrying out counter-terrorism and counter-extremism work.

Article 10: The implementation of responsibility systems for counter-terrorist and counter-extremist work mainly includes territorial responsibility, department responsibility, unit responsibility, and cadre responsibility and position responsibility. All relevant regions, departments and units shall establish responsibility systems that clearly demarcate duties, clarify hierarchies, [provide for] mutual handover, right down to the position and to the person.

Article 11: In accordance with relevant national and autonomous region regulations, commendations and rewards are to be given to those individuals or units who report intelligence information and leads on terrorist or extremist activities, assist in the prevention or stopping of terrorist activities or make outstanding contributions in efforts to counter terrorism and extremism.

Article 12: As necessary for counter-terrorism efforts, people's governments at the county level or above and their competent departments, may carry out international counter-terrorism cooperation with neighboring nations and regions, upon reporting upward to the the State Council or relevant central government departments for approval.

Chapter II: Designation and Announcement of Terrorist Organizations and Personnel

Article 13: Where the autonomous region's leading institution for counter-terrorism efforts needs to designate terrorist organizations or personnel, it is to apply to the national leading institution for counter-terrorism efforts.

Where the public security organ, the national security organ, and the foreign affairs/overseas Chinese affairs department of the Autonomous Region and the leading agencies for counter-terrorism work of each prefecture and municipality need to designate terrorist organizations or personnel, they shall apply to the Autonomous Region's leading agency for counter-terrorism work. The autonomous region's leading institution for counter-terrorism efforts is to decide whether to submit an application to the national leading institution for counter-terrorism efforts.

Article 14: People's courts at the intermediate level or higher may lawfully designate terrorist organizations and personnel in the course of hearing criminal cases. The autonomous region's leading institution for counter-terrorism efforts is to submit an application to the national leading institution for counter-terrorism efforts regarding those that must be announced by the administrative body of the national leading institution for counter-terrorism efforts after the judgment has take effect.

Article 15: Financial institutions and designated non-financial organizations, shall immediately freeze capital or other assets of terrorist organizations and personnel as announced by the administrative body of the national leading institution for counter-terrorism efforts, and promptly follow provisions to report this to the autonomous region's public security organs, the national security organs and the administrative departments responsible for countering money laundering.

Chapter III: Security and Prevention

Article 16: People's governments at all levels shall strengthen education on counter-terrorism and counter-extremism so as to strengthen the citizens' counter-terrorist and counter-extremist awareness. [The people's governments] shall use methods such as politics, economics, laws, culture, education, publicity, and science and technology to build counter-terrorism and counter-extremism safety prevention systems, in order to prevent the occurrence of counter-terrorist and counter-extremist activities, to curb the momentum of the development of counter-terrorism and counter-extremism, to prevent the spread of counter-terrorism and counter-extremism.

Article 17: Competent departments for education and human resources and social security, and all kinds of schools, research institutes, and training institutions shall include knowledge of prevention and response to terrorist activities within their teaching, studies and training content, to increase emergency response and prevention capacity.

Relevant departments such as for news, broadcasting, television, culture, and internet shall conduct targetted counter-terrorism and counter-extremism education and publicity so as to increase citizens' preventative and defensive capacities, and to block the infiltration of terrorist and extremist ideology; and shall cooperate with relevant departments to investigate and handle items with terrorist or extremist content and prevent terrorist and extremist personnel from using relevant equipment, facilities and venues to receive and transmit information that has terrorist or extremist content.

Article 18: The competent departments for religious affairs shall strengthen the management of religious activity sites, religious activities, and clerical personnel, and educate and instruct the religious public to be properly oriented, and prevent terrorist and extremist organizations and personnel from conducting unlawful or criminal activities by making use of religion.

Article 19: Freight transport, postal service, courriers and other logistics business units shall implement safety inspection systems to conduct inspections of customers' identity information and carry out real-name registration, shall conduct safety inspections such as unpacking and unsealing articles being shipped, posted, or delivered; and shall refuse to ship, post or deliver when suspicious articles are discovered or when customers refuse inspection. Where prohibited articles are discovered, they shall be sealed and isolated, and promptly reported to the public security organs.

Article 20: Business operations and service providers such as for telecommunications, internet, finance, lodging, long-distance passenger transport, and motor vehicle rentals, shall carry out checks of customers' identity information, real name registration, and filing information for the record.

Those whose identity is unclear or who refuse the check, must not be provided service. Where abnormal situations are discovered, such as one's identity not matching their documents, or one's appearance or behavior appearing suspicious, a report shall be promptly made to the public security organs.

Article 21: The competent departments for public security, work safety, industry and commerce, health and family planning, quality inspection, customs, and transport shall, on the basis of their individual duties, strengthen the supervision and management of the manufacture, transport, storage, sale, use, entry and exit of fireworks, controlled instruments, inflammable and explosive materials, hazardous chemicals, biohazard materials, and civil-use explosives.

The relevant industries of production, import/export, transport, and sales shall implement systems for operating licenses, business records, commodities flow tracers, registration of purchasing/sales staff, and reports of theft, robbery, and suspicious circumstances, preparing for the task of managing internal security. Upon discovery of suspicious materials, they shall be separated, secured, and immediately reported to public security organs.

Article 22: When management units for key targets implement Article 32 of the "Counter-Terrorism Law of the People's Republic of China", they shall at the same time carry out the following duties:

(1) Establish safety and security mechanisms, allocate specialized staff, clarify job responsibilities. When changes occur to a security defense mechanism or its personnel, they shall immediately report this to public security organs;

(2) Develop security precaution education and training, organize and carry out the tasks of patrols, guarding, inspections, and monitoring on key targets;

(3) In conducting security background reviews of personnel in important posts, those unsuited shall be transferred;

(4) Cooperate with the investigations and punishments from public and national security organs, cooperate with the relevant departments as they respond to and deal with terrorist incidents;

(5) Other security precaution tasks.

Article 23: In particularly sensitive periods, when large scale activities are carried out, or during the sudden occurrence of an emergency incident, management units for key targets and relevant units shall in accordance with the circumstances, initiate emergency response mechanisms, elevate security precaution levels, control important positions, the points of exit and entry of important facilities and their surrounding area, when necessary set up riot control defenses, security inspection facilities, and vehicle barrier installations.

Article 24: Units operating city public transportation, rail transportation, railroads, and civil aviation, shall implement a system of security precautions. At operating locations, sites, lines, and public transportation implements, deploying safety and security forces as well as necessary physical and technological defense equipment and facilities.

Article 25: The departments of public security, national security, customs, entry-exit inspection and quarantine, transportation, railroads, and civil aviation shall collaborate, investigating, seizing, and according to the law detaining the goods or members of suspected terrorist and extremist movements as they enter and exit the country.

Public security organs, national security organs, the people's procuratorate, the people's court, the legal administrative organs, and other relevant departments will set up an entry-exit information management system, sharing information about persons prohibited from entering or exiting the country, and with the relevant departments of other province, autonomous regions, and direct-controlled municipalities establish and perfect a cooperative mechanism for sharing information, preventing members of as well as suspected members of terrorist movements and extremist movements from entering and exiting the country.

People's governments at the province level and above, in conjunction with the relevant departments shall strengthen management of border regions, establish a joint border protection system against people, material, and technology.

Chapter IV: Intelligence information

Article 26: The Autonomous Region's leading institution for counter-terrorism efforts will establish a counter-terrorism intelligence information center, it shall establish mechanisms for cross-regional, inter-departmental intelligence information work, and will plan the entire region's counter-terrorism and counter-extremism efforts.

All levels of leading institution for counter-terrorism efforts are to establish mechanisms for inter-departmental intelligence information work, responsible for their administrative region's work on of counter-terrorism and counter-extremism intelligence information gathering such as guiding, screening, analyzing and evaluating, reporting and verifying, assessing feedback and risk assessment.

Leading institutions for counter-terrorism efforts shall determine the alerts and response levels on the basis of the risk of a terrorist attack, and initiate emergency response plan and notify the relevant departments and units to complete security prevention and response work.

Article 27: Public security organs, state security organs, military organs and relevant departments shall establish and strengthen the force of basic level intelligence information work, bringing about coordination and cooperation in areas such as mutual information flow, resource sharing, and feedback verification; raising the capacity to gather actionable and preventative intelligence information on terrorism and extremism. Terrorism and extremism intelligence information that is gathered or collected, shall be promptly and uniformly sent to the National Counter-terrorism Intelligence Information Center in accordance with provisions.

Article 28: Public security organs, state security organs and relevant departments shall clear intelligence information paths and rely on the public to complete counter-terrorism and counter-extremism intelligence information efforts.

Article 29: Any Units and individuals that discover intelligence information leads on terrorist or extremist activities shall immediately make a report to the public security organs or relevant departments.

Chapter V: Investigation

Article 30: Public security organs receiving reports of suspect terrorist or extremis activities, or discovering suspected terrorist or extremis activities, shall quickly investigate and verify them. Where circumstances are urgent and require emergency response, first implement the response, and then immediately report the situation to the working body of the leading institution for counter-terrorism efforts. Evidentiary materials shall be promptly collected and fixed during the response process.

Article 31: Public security organs investigating personnel suspected of terrorist or extremist activities may lawfully employ measures such as interrogation, inspection, and collecting biometric identification information and biological samples.

Public security organs summoning personnel suspected of terrorist or extremist activities shall do so in writing and present their employment identification. Those suspected of illegality or crimes who are discovered at the scene may be orally summoned upon presentation of employment identification, and this circumstance shall be noted in the records for the questioning.

Relevant units and individuals shall cooperate with public security organs investigating suspected terrorist or extremist activities. When necessary, speicalized organizations or professionals may be invited to assist in investigation.

Chapter VI: Response and Handling

Article 32: All levels of leading institution for counter-terrorism efforts shall establish and complete counter-terrorism emergency response plans, targeting patterns, characteristics and potential societal harms of different types of terrorist incident, and formulate a response plan based on level and category. All relevant departments and management units for key targets shall develop appropriate emergency response contingency plans, executing them upon receiving approval from the administrative bodies of equal level counter-terrorism leading organizations.

Article 33: The Autonomous Region's counter-terrorism leading organizations will establish a command system for responding to and handling with terrorist incidents, setting up a command organization at the three levels of autonomous region, prefecture, and county, implementing a responsibility system for commanders. Public security, the people's armed police, military, and militia organizations will allocate their forces and in conjunction with health and family planning, civil affairs, publicity, telecommunications, internet, and other relevant departments control, attack, rescue, and aid as a means of response and handling.

Command organizations that respond to and handle terrorist incidents within the scope of the autonomous region are responsible for directing the response and handling of terrorist incidents that either involve multiple prefectures or are of great significance.

Command organizations that respond to and handle terrorist incidents within the scope of a province are responsible for responding to and handling terrorist incidents that either involve multiple counties or are relatively large.

Command organizations that respond to and handle terrorist incidents within the scope of a county are responsible for directing the response and handling of terrorist incidents that occur in their county's limits. Those that do not have a counter-terrorist leading organization will vest the directional authority in the local public security organ.

Lower level command organizations can submit a request with higher level command organizations to carry out support or coordinate with other command organizations for assistance on response and handling. When necessary, they can also submit a request with higher level command organizations to take over management and command authority. When a high level command organization deems it necessary, they can immediately assume management over a lower level command organization's command authority.

Article 34: Upon discovery of a terrorist incident or suspicion of a terrorist incident, the highest ranking person of the public security organ on site assumes the position of on-scene commander, and is responsible for directing the task of responding to and handling as well as immediately reporting to the command center of the local public security organ. Upon receipt of this report, the command center shall promptly report to the person responsible for the public security organ's administration. The person responsible for the public security organ's administration shall immediately rush to the scene to replace the on-site commander, simultaneously reporting to the person responsible for the appropriate level of counter-terrorist leading organization.

Article 35: Following the occurrence of a terrorist incident, the command organization that responds to and handles the incident, on-site commander, and counter-terrorism leading organization responsible for response and handling, in accordance with the needs of responding to and handling the incident and preventing secondary or derivative harm, may also adopt the following measures according to Article 61 of "The Counter-Terrorism Law of the People's Republic of China":

(1) Suspend or limit ongoing meetings, marches, demonstration activities, and large scale group style or dense concentrations of people's cultural, sporting, religious, commercial performance activities that are being held or prepared to be held, while also protecting and evacuating people on-site. They may in a particular period of time and particular area not grant approval for holding or convening these kinds of activities;

(2) Suspend or restrict activities with relatively large numbers of people that are in the middle of being convened or are preparing to convene, as well as protecting and evacuating people on-site;

(3) Suspend or restrict the activities of organizations, groups, enterprises, and all kinds of schools, scientific research institutions, and training organizations, as well as protecting and evacuating people on-site. They may in a particular period of time alter the above units and organization's work and rest time, temporarily cease or restrict the operation of entertainment and service natured locations;

(4) Temporarily cease or restrict activities such as the production, operation, and transport of hazardous materials that are explosive, radioactive, chemical, biological, and so forth;

(5) At important units, important locations, and important infrastructure strengthen patrols, defense, checks, inspection and control, and other security and protection, organize specialized forces to strengthen societal protection;

(6) Other measures necessary to respond to and handle, guard against the incident;

Article 36: Information relevant to terrorist incidents is uniformly released by the autonomous region's leading institution for counter-terrorism efforts.

False information on terrorist incidents must not be fabricated or disseminated by any units and individuals.

Article 37: Higher level leading institutions for counter-terrorism efforts may conduct investigations and assessments of lower level leading institution for counter-terrorism efforts' prevention and response work.

Chapter VII: Education Management

Article 38: For persons who have been instigated, coerced, or induced to participate in terrorist or extremist activities, or whose participation in terrorist or extremist activities was slight and does not constitute a crime, the public security organs, together with departments such as for judicial administration, civil affairs, education, religious affairs, culture, human resources and social security, and groups such as labor unions, Communist Youth Leagues, Women's Federations, science and technology associations, as well as villagers' committees, residents' committees, and the persons' workplaces or schools, families and guardians, are to carry out aid and education and rule of law education.

Article 39:Prisons, detention centers, and community corrections organizations and so forth shall separately carry out education, reform, and corrections of those committing the following terrorist activity crimes, or extremism crimes:

(1) those sentenced to fixed-term imprisonment or more;

(2) those sentenced to short-term detention;

(3) Those sentenced to controlled release, suspended sentences, parole rulings, or temporary service of sentence outside of prison;

Article 40:The following terrorist and extremist activity criminals are to be solitarily confined by prisons and detention centers.

(1) The ringleader of a criminal terrorist or extremist organization, or the principle offender, or offender with major acts, in a joint crime;

(2) Those that, while serving their sentence, commit another offense, or incite or instigate other criminals to commit illegalities or crimes;

(3) Those that resist education and reform, and have violent tendencies.

Article 41: For those who have committed terrorist activity or extremist crimes who are found through assessment to still be a threat to society before their release at the completion of their sentence, prisons and detention centers should send the dangerousness assessment results and an education placement recommendation to the intermediate people's court for area where the convict is serving their sentence, in the 6 months prior to their release on completion of their sentence. The people's court should make a decision on whether or not to have an educational placement within one month of receiving the dangerousness assessment results, and where there are special circumstances may extend this one month.

Where educational placement establishments need to relieve someone from educational placement, they shall raise a release from education placement opinion, and report it to the people's court that made the educational placement decision for a decision.

The people's procuratorates lawfully conduct oversight of decisions on the reformation process and educational placements of those convicted of terrorist activity and extremist crimes, and of enforcement and release, and where there is unlawful conduct promptly submit a corrective opinion or a procuratorial recommendation.

Article 42: The autonomous region's judicial-administrative organs are responsible for the educational placement efforts of those to be released at the completion of their sentence for terrorist activities or extremist activities, as well as for the planning, construction and daily management of corresponding venues.

Article 43:Departments for work such as education and reformation, educational placement, legal education, community corrections and so forth shall carry out educational activities with content such as on laws and regulations, moral thought, mental health, modern culture, scientific knowledge, as well as religious faith guidance and professional skills training.

Chapter VIII: Safeguard Measures

Article 44:People's governments at the county level or above shall establish and complete financial assurance mechanisms for efforts to counter terrorism and extremism, and include the expenses for efforts to counter terrorism and extremism in financial budgets for that level.

The autonomous region's people's government gives financial support to key counter-terrorism and counter-extremism sites, and gives financial safeguards for responses to large scale terrorist incidents.

Article 45:People's governments at the county level or above and relevant departments and units shall establish and complete mechanisms for periodically rotating work and leave and for personal injury insurance for on-duty personnel with counter terror and stability tasks; and have a health inspection each year and give special treatment in areas such as work, study, and livelihood.

Article 46:The expenses made or financial losses incurred by persons responsible for executing counter-terrorism or counter-extremism, those reporting, preventing, aiding investigations of terrorist or extremist activities, and those who appear in court to present evidence, act as a witness, translate for terrorist or extremist cases, or provide additional assistance will be given subsidy or compensation in accordance with the relevant regulations; where a threat to personal safety of the person in question or their close relatives has been brought about, after application from the person in question or their close relatives, public security organs and the relevant departments shall adopt the necessary protective measures; those who have been disabled or killed shall be provided special care and placement or looking after in accordance with the relevant regulations.

The persons listed in the preceding paragraph must not be interfered with, impeded, threatened, berated, excluded, discriminated against, or attacked in revenge, by any organization or individual.

Article 47:All levels of people's government shall provide assistance through multiple channels to those who are injured or put in hardship as a result of terrorist or extremist crimes.

Article 48:Units and individuals are encouraged to provide donations, contributions and services towards efforts to counter terrorism and extremism, including intellectual and technical support.

Chapter IX: Legal Responsibility

Article 49: Where one organizes, plans, plans to carry out, or carry out terrorist activities; incites to carry out terrorist activities; organizes, leads, or joins terrorist organizations; provides aid to terrorist organizations, terrorist personnel, the execution of terrorist activities or terrorist activity training; produces, distributes or illegally possesses publications, audio or video data or other articles that advocate terrorism or extremism; forces others to wear clothes or signs that advocate terrorism or extremism in public using violence, coercion, or other means; or incites or forces the mass to obstruct the implementation of systems established by national laws such as marriage, justice, education, and social management by using extremism, pursue criminal responsibility in accordance with law.

Article 50:Where any of the following conduct is perpretrated and the circumstances are minor and do not constitute a crime, punishment is in accordance with article 80 of the "Counter-terrorism Law of the People's Republic of China" :

(1) Exploiting religious teaching, sermons, exegesis, study, weddings, funerals, gathering and cultural or recreational activities and so forth to advocate terrorism or extremism;

(2) Making, downloading, storing, reproducing, reviewing, or copying audio, video, images or print materials or network links, with terrorist, extremist or other such content;

(3) Illegally possessing printed or electronic products with terrorist, extremist or other such content;

(4) Designing, making, distributing, mailing, selling, or displaying clothing, symbols, flags, badges, utensils, souvenirs and so forth that have terrorist or extremist content;

(5) Using clothing, symbols, and so forth to advocate terrorism or extremism in a public place or compelling others to wear or don terrorist or etremist clothing or symbols;

(6) Providing information, materials, trasport services, or other conveniences for persons carrying out terrorist or extremist activities, or acting as guides or assisting in finding routes across state (frontier) borders.

(7) Assisting persons suspected of terrorist or extremist activities in conducting illegal border crossings, smuggling, or secretly transporting contraband.

Article 51:Where any of the following conduct is perpretrated and the circumstances are minor and do not constitute a crime, punishment is in accordance with articel 81 of the "Counter-terrorism Law of the People's Republic of China"

(1) interfering with the religious freedom of others;

(2) Organizing, forcing, instigating, encouraging or enticing a minor to participate in religious activities ;

(3) Exploiting religion to obstruct or interfere with others' activities such as weddings and funerals or inheritances;

(4) Distorting the concept of 'halal' , or generalizing the concept of 'halal', expanding and mutating it into social life and other areas;

(5) Intimidating or inducing others to boycott national policy measures, or destroy state documents prescribed for by law, such as resident identity cards, household registration books, and marriage certificates, or currency.

(6) Deliberately sensationalizing, fabricating or distorting socially sensitive cases (incidents), or intentionally starting rumors or spreading false information, undermining the implementation of social management.

Article 52:Where financial institutions or designated non-financial institutions have any of the following circumstances, punishment is in accordance with articles 83, 86 and 91 of the "Counter-terrorism Law of the People's Republic of China" :

(1) Conducting transactions with customers whose identity is unclear or opening anonymous accounts, or accounts in false names, for customers;

 

(2) Tipping off units and individuals whose accounts are queried or frozen, or third-parties;

(3) Fabricating, concealing, or destroying relevant evidentiary materials, or assisting in concealing or transferring of funds or assets.

(4) Transferring or releasing frozen funds or assets of one's own accord;

(5) Intentionally prevaricating or stalling, causing funds or assets to be transferred;

(6) Refusing to provide investigative materials or intentionally providing false materials.

Article 53:Where freight, mail, courrier or other logistics business units have any of the following circumstances, punishment is in accordance with article 85 of the "Counter-terrorism Law of the People's Republic of China" :

(1) failing to follow provisions to conduct an inspection and real-name registration of customers' identities;

(2) Failing to follow provisions to conduct safety inspections such as unpacking and unsealing articles being shipped or delivered;

(3) Failing to follow provisions to allot fulltime to work at inspection sites, failure to install necessary inspection and video surveillance equipment and facilities;

(4) Failing to follow provisions to carry out networked monitoring of inspection sites and transport vehicles;

(5) Failing to follow provisions to seal and isolate prohibited items that are discovered, and promptly report them to the public security organs.

Article 54:Business operations and service providers such as telecommunications, internet, finance, lodging, long-distance passenger transport, and motor vehicle rentals who fail to carry out real name registration and information filing for report of their customers' identity in accordance with regulations; or upon discovery that a customers' identity is inconsistent, is suspicious or there is another abnormal circumstance, fail to report this to the public security organ, will be punished in accordance with the regulations under Article 86 of "Counter-terrorism Law of the People's Republic of China".

Article 55:Units that manufacture, import/export, transport, store, sell, or use fireworks, controlled instruments, inflammable and explosive materials, hazardous chemicals, biohazard materials, or civil-use explosives shall be punished under the regulations of Article 87 of "Counter-terrorism Law of the People's Republic of China" under the following circumstances:

(1) Failing to follow provisions to implement systems for operating licenses, business records, commodities flow tracers, registration of purchasing/sales staff, and reports of theft, robbery, and suspicious circumstances;

(2) Failing to follow provisions to allot fulltime security personnel, failure to install necessary security alarm(s), video surveillance equipment, facilities;

(3) Failing to follow provisions to carry out networked monitoring of manufacture, import/export, transport, storage, sale, circumstances of use;

(4) Failing to follow provisions to seal and isolate prohibited items that are discovered, and promptly report them to the public security organs.

Article 56:Where units managing key targets have any of the follow circumstances, punishment is in accordance with article 88 of the "Counter-terrorism Law of the People's Republic of China" :

(1) Failure to follow provisions to establish a security agency, alot professional security personnel, and clarify the duties of the post;

(2) Failure to follow provisions to conduct education and training of security and prevention;

(3) Failure to follow provisions to carry out work such as patrols, guarding, inspections, and monitoring on key targets.

(4) Failure to promptly cooperate with public security organs and state security organs in efforts to investigate and handle terrorist or extremist activities.

Article 57:Where units managing key targets and relevant units have any of the following circumstances in especially sensitive periods, periods where major activities are being carried out, or during breaking emergency incidents; punishment is in accordance with paragraph 2 of article 88 of the "Counter-terrorism Law of the People's Republic of China" :

(1) Failure to follow provisions to promptly initiate emergency response mechanisms;

(2) Failure to follow provisions to elevate the security precaution level in a timely manner;

(3) Failure to follow provisions to promptly allocate safety and security forces, control important positions, the points of exit and entry from important facilities and their surrounding area;

(4) Failure to follow provisions to set up necessary riot control defenses, security inspection facilities, and vehicle barrier installations;

Article 58:City public transportation, rail transportation, railroads, civil aviation shall be punished in accordance with Article 88, Paragraph 1 of the "Counter-terrorism Law of the People's Republic of China" under the following circumstances:

(2) Failure to follow provisions to implement a security precaution system;

(2) Failure to follow provisions to carry out security inspections of service targets;

(3) Failure to follow provisions to deploy safety and security forces at operating locations, sites, lines, and public transportation implements;

(4) Failure to follow provisions to deploy necessary physical and technological defense equipment and facilities.

Article 59:The work personnel of counter-terrorist leading organizations and relevant departments who fail to perform their duty during their counter-terrorist work, may be given criticism and education and ordered to reform by the unit they are located at or by their higher-ranking management department; in serious circumstances, the primary authority, directly responsible managing person, and other directly responsible person may give administrative punishment in accordance with the law; what constitutes a crime shall have criminal responsibility pursued in accordance with the law.

Article 60:Other conduct in violation of these Measures that should be given a sanction are punished in accordance with relevant laws and regulations.

Chapter X: Supplementary Provisions

Article 61:These Measures take effect on August 1, 2016.

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