Detailed Rules for the Implementation of the Counterespionage Law of China

 2018-05-18  12


Detailed Rules for the Implementation of the Counterespionage Law of China 


· Document Number:Order No. 692 of the State Council

· Area of Law: National Security

· Level of Authority: Administrative Regulations

· Date issued:11-22-2017

· Effective Date:11-22-2017

· Status: Effective

· Issuing Authority: State Council

 

Order of the State Council
(No. 692)
The Detailed Rules for the Implementation of the Counterespionage Law of China are hereby issued, and shall come into force on the date of issuance.
Premier: Li Keqiang
November 22, 2017



Detailed Rules for the Implementation of the Counterespionage Law of China
Chapter I General Provisions
Article 1 These Detailed Implementing Rules are developed in accordance with the Counterespionage Law of the People's Republic of China (hereinafter referred to as the “Counterespionage Law”).
Article 2 National security authorities shall be responsible for the implementation of these Detailed Rules.
Public security, secrecy administration, and other relevant departments and the relevant departments of the armed forces shall, according to their division of functions, closely cooperate with each other, strengthen coordination, and effectively conduct the relevant work in accordance with the law.
Article 3 For the purpose of the Counterespionage Law, “overseas institutions and organizations” include the branch (representative) offices and branch organizations formed within the territory of the People's Republic of China by overseas institutions and organizations. “Individuals outside the territory of China” shall include persons who live within the territory of the People's Republic of China and do not have the nationality of the People's Republic of China.
Article 4 For the purpose of the Counterespionage Law, an “agent of an espionage organization” means any person who is instigated, entrusted or funded by any espionage organization or any of its members, or instigates or incites any other person to conduct any activity compromising the national security of the People's Republic of China.
The national security department of the State Council shall be responsible for confirming the identification of espionage organizations and their agents.
Article 5 For the purpose of the Counterespionage Law, “hostile organization” means an organization which is hostile to the regime of the people's democratic dictatorship of the People's Republic of China and the socialist system, and compromises national security.
The hostile organization shall be subject to the confirmation of the national security department of the State Council or the public security department of the State Council.
Article 6 For the purpose of the Counterespionage Law, “funding” the espionage activity which compromises the national security of the People's Republic of China means any of the following conduct of a domestic or overseas institution, organization or individual:
(1) Providing funds, places and materials to organizations or individuals conducting espionage activities.
(2) Providing funds, places and materials used for the implementation of espionage activities to organizations or individuals.
Article 7 For the purpose of the Counterespionage Law, “collusion” in committing espionage which compromises the national security of the People's Republic of China means the following conduct committed by a domestic or overseas organization or individual:
(1) Plotting or conducting any espionage activity compromising national security jointly with any overseas institution, organization or individual.
(2) Accepting funds or instigation from any overseas institution, organization or individual to conduct any espionage activity compromising national security.
(3) Establishing contacts with and obtaining support and assistance from any overseas institution, organization or individual to conduct any espionage activity compromising national security.
Article 8 The following acts shall fall under the scope of “any act compromising national security other than espionage” as mentioned in Article 39 of the Counterespionage Law:
(1) Organizing, plotting, or acting to split the country, undermine national unity, subvert the state power, or overthrow the socialist system.
(2) Organizing, plotting or conducting any terrorist activity compromising national security.
(3) Fabricating or distorting facts, publishing or spreading characters or information compromising national security, or producing, spreading or publishing any audio or video products or other publications that compromise national security.
(4) Conducting any activity which compromises national security by making use of social organizations, enterprises or public institutions.
(5) Using religion to conduct any activity that compromises national security.
(6) Organizing or making use of cults to conduct any activity compromising national security.
(7) Fomenting disputes among ethnic groups or inciting national separatism to compromise national security.
(8) Any overseas individual, in violation of the relevant provisions, refuses to obey the dissuasion, and meets with a person in China who has committed any conduct compromising national security or is suspected of having committed any major conduct compromising national security without approval.
Chapter II Functions and Powers of National Security Authorities in the Counterespionage Work
Article 9 Where an overseas individual is deemed to be likely to conduct any activity compromising national security after entering China, the national security department of the State Council may decide to prohibit the individual from entering China within a certain period of time.
Article 10 The national security authority may, in accordance with Article 8 of the Counterespionage Law, list as wanted and arrest a criminal suspect who has betrayed the motherland and compromises national security.
Article 11 When the national security authority executes a counterespionage task in accordance with the law, it has the right to conduct investigation and question the relevant organization and personnel on the relevant information.
Article 12 The staff members of the national security authority may, when executing a counterespionage task in accordance with the law, inspect the personal articles carried by any unidentified suspicious person who might have committed any conduct compromising national security.
Article 13 A vehicle of the national security authority which executes an urgent counterespionage task may be equipped with a special passage sign and a warning lamp and an alarm.
Article 14 The execution of a counterespionage task by staff members of the national security authority in accordance with the law shall not be subject to the illegal interference of any other organization or individual.
When the staff member of the national security authority executes a counterespionage task in accordance with the law, he or she shall show the reconnaissance certificate issued by the Ministry of National Security or other corresponding certificates.
The national security authority and its staff members shall act in strict accordance with the law in their work, and shall not overstep their authority, abuse their powers, or infringe upon the lawful rights and interests of any organization or individual.
Chapter III Obligations and Rights of Citizens and Organizations in Safeguarding National Security
Article 15 An authority, a group or any other organization shall accept the coordination and guidance of the national security authority in offering education to its staff members on the maintenance of national security, and mobilizing and organizing the entity's staff members to prevent and frustrate espionage.
Where any authority, group or any other organization fails to perform the security protection obligation prescribed in the Counterespionage Law or these Detailed Rules, or fails to make rectification as required or fails to meet the rectification requirements, the national security authority may hold an interview of the relevant person in charge, notify the information on the interview to the competent authority of the entity at the higher level, and promote the implementation of the responsibility to prevent espionage and other acts compromising national security.
Article 16 The following circumstances shall fall under the scope of “significant contribution” as mentioned in Article 7 of the Counterespionage Law:
(1) Providing important clues to the national security authority, and discovering and cracking down a case of crime of seriously compromising national security.
(2) Providing important information to the national security authority to prevent and frustrate the act seriously compromising national security.
(3) Closely cooperating with the national security authority in executing national security tasks, and making outstanding performance.
(4) Fighting against the criminal compromising national security in order to safeguard national security, and making outstanding performance.
(5) Having outstanding achievements in educating, mobilizing and organizing the personnel of its entity to prevent or frustrate the occurrence of any act compromising national security.
Article 17 “Illegally holding any document, material or other item classified as a state secret” as mentioned in Article 24 of the Counterespionage Law means:
(1) A person who is not entitled to have access to a certain state secret carries with him or her or retains any document, material or other item classified as a state secret.
(2) A person who may have access to a certain state secret privately brings with him or her or retains any document, material or other item classified as a state secret without undergoing relevant formalities.
Article 18 “Specialized espionage equipment” as mentioned in Article 25 of the Counterespionage Law means the following equipment specially required for espionage activities:
(1) Hidden eavesdropping device or camera.
(2) Burst transceiver, one-shot pad for cipher code, and secret writing devices.
(3) Electronic surveillance and intercepting devices specially used for acquiring intelligence.
(4) Other specialized espionage equipment.
The national security department of the State Council shall be responsible for the confirmation of specialized espionage equipment.
Chapter IV Legal Liability
Article 19 Whoever commits any conduct compromising national security shall be imposed on a disciplinary action by the relevant department in accordance with the law, and the national security authority may also give a warning to the violator; if the act constitutes a crime, the violator shall be subject to criminal liability in accordance with the law.
Article 20 The following circumstances shall fall under the scope of “major meritorious acts” as mentioned in Article 27 of the Counterespionage Law:
(1) Exposing or reporting any other criminal compromising national security, and the relevant information is verified to be true.
(2) Providing important clues or evidence to enable the act of compromising national security to be discovered and stopped.
(3) Assisting the national security authority or judicial authority in capturing any other criminal compromising national security.
(4) Any other conduct that may play an important role in assisting national security authorities in maintaining national security.
“Major meritorious acts” means that the party plays a particularly important role in the national security work within the scope of performance of meritorious acts as mentioned in the preceding paragraph.
Article 21 Where, although there is any evidence proving that a person knows any other person's commission of espionage, or the national security authority expressly informs him or her of any other person's commission of any criminal act compromising national security, the person refuses to provide relevant information or evidence when the national security authority investigates the relevant information or collects relevant evidence, the person shall be punished in accordance with Article 29 of the Counterespionage Law.
Article 22 When a national security authority executes a counterespionage task in accordance with the law, citizens and organizations shall, in accordance with the law, have the obligation to provide conveniences or other assistance, and if any citizen or organization refuses to provide conveniences or other assistance, which constitutes the intentional obstruction of the lawful execution of the counterespionage task by the national security authority in accordance with the law, the citizen or organization shall be punished in accordance with Article 30 of the Counterespionage Law.
Article 23 Whoever intentionally obstructs the national security authority from executing a counterespionage task in accordance with the law and causes personal injury or property loss to any staff member of the national security authority shall assume compensatory liability in accordance with the law, and be punished by the judicial authority or national security authority in accordance with Article 30 of the Counterespionage Law.
Article 24 The national security authority may decide to prohibit a person suspected of espionage from leaving China within a certain period. The national security department of the State Council may decide to order an overseas individual who violates the Counterespionage Law to leave China or expel him or her within a prescribed time limit, and determine the period during which the person shall not enter China. Deported overseas individuals shall not enter China within ten years from the date of deportation.
Chapter V Supplementary Provisions
Article 25 The relevant provisions of these Detailed Rules shall apply to the performance of functions of preventing, frustrating and punishing other acts compromising national security other than espionage by national security authorities and public security authorities in accordance with laws, administrative regulations and the relevant provisions of the state.
Article 26 These Detailed Rules shall come into force on the date of issuance. The Detailed Rules for the Implementation of the National Security Law of the People's Republic of China issued by the State Council on June 4, 1994 shall be repealed concurrently.