Counterespionage Law of the People's Republic of China

Order of the President of the People's Republic of China No. 16

November 1, 2014

The Counterespionage Law of the People's Republic of China which was adopted at the 11th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on November 1, 2014 is hereby promulgated and becomes effective as of the day of promulgation.

Xi Jinping, President of the People's Republic of China

Counterespionage Law of the People's Republic of China

(Adopted at the 11th Session of the Standing Committee of the 12th National People's Congress on November 1, 2014)

Table of Contents
Chapter I General Provisions
Chapter II Authority of National Security Organs in Counterespionage Work
Chapter III Obligations and Rights of Citizens and Organizations
Chapter IV Legal Liability
Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted according to the Constitution Law in order to prevent, stop and punish the acts of espionage, and safeguard national security.

Article 2 Counterespionage work shall be conducted under the principles of upholding the unified leadership of the central government, combining open work and confidential work, combining specialized work and a reliance on the general public, and giving proactive defense and law-based punishment.

Article 3 National security organs are the authorities in charge of the counterespionage work.
Public security, secrecy administration, and other relevant departments and the relevant departments of the army, according to their respective responsibilities, shall cooperate closely and strengthen coordination with each other to effectively carry out the relevant work under the law.

Article 4 Citizens of the People's Republic of China have the obligation of safeguarding the security, honor and interest of the State, and shall not conduct any act endangering the security, honor or interest of the State.
All state organs, armed forces, political parties, social groups, enterprises and public institutions have the obligation of preventing and stopping acts of espionage and safeguarding national security.
National security organs must rely on the support from the people in their counterespionage and mobilize and organize them to prevent and stop acts of espionage that endanger national security.

Article 5 Counterespionage work shall be legally conducted, during which human rights shall be respected and protected and the lawful rights and interests of citizens and organizations shall also be protected.

Article 6 Where an overseas institution, organization or individual conducts or instigates or funds others to conduct an act of espionage that endangers the national security of the People's Republic of China, or a domestic institution, organization or individual colludes with an overseas institution, organization or individual in conducting such act of espionage, all the parties concerned must be investigated for legal liability.

Article 7 The State protects organizations and individuals that provide support and assistance in counterespionage work, and rewards those who make significant contributions.

Chapter II Authority of National Security Organs in Counterespionage Work

Article 8 In counterespionage work, national security organs shall legally exercise their investigation, detention, interrogation, execution of arrest, and other authorities as specified by the law.

Article 9 When legally performing a task, staff members of national security organs have the authority, after presenting their credentials as legally required, to check the identification of any Chinese citizen or foreign national and gather relevant information from relevant organizations and persons through investigation or inquiry. by presenting relevant certificates according to the provisions.

Article 10 When legally performing a task, staff members of national security organs may enter the relevant site or entity, after presenting their credentials as legally required, or enter relevant restricted area, site or entity as approved in accordance with relevant provisions of the state, after producing their credentials, to consult or obtain relevant files, materials or items.

Article 11 In the event of legally performing an urgent task, staff members of national security organs may, after presenting their credentials, have priority in taking the means of public transport, and have priority of passage in case of traffic congestion.
As needed for counterespionage work, a national security organ may have priority in using or legally requisition the means of transport or communication, site or building of a state organ, social group, enterprise, public institution or individual in accordance with relevant provisions of the State, and when necessary, set up relevant work site, equipment or facility, but shall return or restore them to the original state in a timely manner after completion of the task and pay relevant expenses as legally required, and shall make compensation for any losses caused.

Article 12 As needed for reconnoitering acts of espionage, a national security organ may take technical reconnaissance measures after undergoing a strict approval process in accordance with relevant provisions of the state.

Article 13 As needed for counterespionage work, a national security organ may check electro-communication means or devices or other equipment or facilities of relevant organizations and individuals in accordance with relevant provisions. Where a circumstance of endangering national security is discovered during the check, the national security organ shall order the party concerned to make rectifications; in the case of refusal to make corrections or failure to meet requirements still after corrections, a measure of seal-up or seizure may be taken.
With regard to the equipment or facility that is sealed up or seized pursuant to the preceding paragraph, the national security organ shall terminate the seal-up or seizure in a timely manner after the circumstance of endangering national security is removed.

Article 14 As needed for counterespionage work, a national security organ may, in accordance with relevant provisions of the state, request customs, border defense and other relevant inspection authorities to exempt the check for relevant persons, materials or devices, for which the relevant inspection authorities shall provide assistance.

Article 15 A national security organ may, as approved by a person in charge of a national security organ at or above the level of city with district division, legally seal up, seize or freeze any tools and other property used for acts of espionage, as well as the capital, sites or supplies used for funding acts of espionage.

Article 16 As needed for counterespionage work, a national security organ may, in cooperation with relevant departments, draft technical protection standards against counterespionage, and guide relevant departments to implement such measures, and may check and test departments where potential dangers exist for technical protection against counterespionage after undergoing a strict approval process.

Article 17 A national security organ and its staff members shall perform work in strict accordance with the law, and shall not go beyond or abuse their authority of office or infringe the lawful rights and interests of any organization or individual.
Any information or material of an organization or individual legally obtained by a national security organ or any staff member thereof in the course of performing its/his counterespionage responsibility may be used for counterespionage work only. Any such information or material that involves any state secret, trade secret or personal privacy shall be kept confidential.

Article 18 Staff members of a national security organ are protected by law to legally perform their duties.

Chapter III Obligations and Rights of Citizens and Organizations

Article 19 State organs, groups, and other organizations shall educate their employees on safeguarding national security and mobilize or organize them to prevent or stop acts of espionage.

Article 20 Citizens and organizations shall facilitate or otherwise assist counterespionage work.
Where the personal security of a citizen or any close relative thereof is at risk due to his or her assistance in the counterespionage work, he or she may request protection from a national security organ. The national security organ shall take protective measures legally in conjunction with relevant departments.

Article 21 A citizen or organization shall report an act of espionage to a national security organ in a timely manner upon discovering such act; where such act is reported to a public security organ or any other state organ or organization, the relevant state organ or organization shall immediately refer the case to a national security organ.

Article 22 When a national security organ investigates the information on relevant acts of espionage or collects relevant evidence, relevant organizations and individuals shall provide such information or evidence truthfully, and shall not refuse to do so.

Article 23 All citizens or organizations shall guard the state secrets relating to counterespionage work known to them.

Article 24 No individual or organization may illegally hold documents, materials and other items that are classified as state secrets.

Article 25 No individual or organization may illegally hold or use any special spy apparatus needed exclusively for espionage activities, and such special spy apparatus shall be determined by the competent national security department under the State Council pursuant to relevant provisions of the State.

Article 26 Any individual or organization shall have the right to file a report or accusation against a national security organ or any staff member thereof for going beyond or abusing their authority of office or committing any other illegal act with a national security organ at a higher level or a relevant department. The national security organ or relevant department receiving such report or accusation shall ascertain the facts in a timely manner, take responsibility for handing the case, and inform the person who files the report or accusation of the handling result in a timely manner.
No individual or organization may suppress or retaliate against any individual or organization that assists the work of a national security organ or that legally files a report or accusation.

Chapter IV Legal Liability

Article 27 Where an overseas institution, organization or individual conducts or instigates or funds others to conduct an act of espionage, or a domestic institution, organization or individual colludes with an overseas institution, organization or individual in conducting such act of espionage, which constitutes a crime, the party concerned shall be subject to criminal liability in accordance with the law
Whoever conducts an act of espionage and voluntarily surrenders himself or renders a meritorious service may be subject to a lighter or mitigated punishment or be exempted from punishment. If outstanding service is rendered, he or she may be rewarded.

Article 28 Whoever is forced to join or tricked into joining a hostile organization or an espionage organization abroad to engage in any activity that endangers the national security of the People's Republic of China but reports the situation truthfully and timely to an institution of the People's Republic of China stationed abroad, or reports the situation truthfully and timely to a national security organ or a public security organ through his affiliated entity and expresses repentance may be exempted from liability.

Article 29 Any person that knows that another person conducts an act of espionage but refuses to provide relevant information or evidence when interviewed or asked to provide such information or evidence by a national security organ shall be subject to disciplinary sanctions by his affiliated entity or a competent authority at a higher level, or be subject to administrative detention up to 15 days imposed by the national security organ. In case of a criminal offense, the offender shall be subject to criminal liability in accordance with the law.

Article 30 Whoever obstructs, by means of violence or threat, national security organ in legally performing a task shall be subject to criminal liability according to law.
Whoever intentionally obstructs, without using any violence or threat, a national security organ in legally performing a task which causes a serious consequence, shall be subject to criminal liability in accordance with the law. If the case is relatively minor, an administrative detention up to 15 days shall be imposed by the national security organ.

Article 31 Whoever leaks any state secret relating to counterespionage work shall be subject to an administrative detention up to 15 days imposed by a national security organ. In case of a criminal offense, the offender shall be subject to criminal liability in a accordance with the law

Article 32 Whoever illegally holds any documents, materials or other items that are classified as state secrets or illegally possesses or uses any special spy apparatuses may be subject to an search of his body, items, residence or other relevant sites by a national security organ; and such illegally held documents, materials or other items that are classified as state secrets, or illegally possessed or used special spy apparatuses, shall be confiscated. Where the illegal holding of any documents, materials or other items classified as state secrets constitutes a criminal offense, the offender shall be subject to criminal liability in accordance with the law; in case of a non-criminal offense, he shall be given a warning and be subject to an administrative detention up to 15 days by the national security organ.

Article 33 Where any property that is sealed up, seized or frozen legally by a national security organ is concealed, transferred, sold off or damaged, or any property that is known to be involved in an espionage activity is concealed, transferred, purchased, sold through help, or otherwise covered or hidden, the national security organ shall recover it. In the case of a criminal offense, the offender shall be subject to criminal liability in accordance with the law.

Article 34 Any foreign individual who violates this Law may be ordered to leave the country within a time limit or be deported.

Article 35 Any party that is dissatisfied with an administrative penalty decision or an administrative enforcement measure decision may, within 60 days upon receipt of the decision, apply for reconsideration to a relevant state organ at the next higher level. If such party is dissatisfied with the reconsideration decision, the party may file an action with a people's court within 15 days upon receipt of the reconsideration decision.

Article 36 A national security organ shall properly keep any property that is sealed up, seized or frozen pursuant to this Law and handle the property according to the following circumstances:
1. there is a criminal offense, the provisions of the Criminal Procedure Law apply;
2. there is a non-criminal offense with facts of illegality, the property that shall be legally confiscated is to be confiscated, and the property that shall be legally destroyed is to be destroyed; and
3. there is no fact of illegality or the property is irrelevant to the case, the seal-up, seizure or freeze shall be terminated, and relevant property shall be returned in a timely manner; if any loss is caused, compensation shall be made in accordance with the law.
All property confiscated by a national security organ shall be turned over to the national treasury.

Article 37 Where a staff member of a national security organ abuses his authority of office, neglects his duty, or commits irregularities for practicing favoritism, which constitutes a crime, or where he commits false imprisonment, extorts a confession by torture, collects evidence through violence, leaks a state secret, trade secret or personal privacy information in violation of the provisions or commits other such acts, which constitutes a crime, he shall be subject to criminal liability in accordance with the law.

Chapter V Supplementary Provisions

Article 38 In this Law, an act of espionage refer to any of the following acts:
1. an espionage organization or an agent thereof conducts or instigates or funds others to conduct, or a domestic or overseas institution, organization or individual colludes with them in conducting, the activity endangering the national security of the People's Republic of China;
2. joining an espionage organization or accepting an assignment from an espionage organization or the agent thereof;
3. the overseas institutions, organizations and individuals, other than espionage organizations and the agents thereof, conduct or instigate or fund others to conduct, or a domestic institution, organization or individual colludes with them in conducting, the activity of stealing, prying, buying or illegally providing state secrets or intelligence or inciting, luring or bribing the functionaries of the State to betray the country;
4. indicating the objects of attack for the enemy; and
5. conducting other espionage activities.

Article 39 Where national security organs and public security organs perform their duties to prevent, stop or punish acts endangering national security other than the acts of espionage in accordance with laws, administrative regulations and relevant provisions of the State, the relevant provisions of this Law shall apply.

Article 40 This Law shall come into force as of the day of promulgation. The State Security Law of the People's Republic of China adopted at the 30th session of the Standing Committee of the Seventh National People's Congress on February 22, 1993 shall be repealed simultaneously.