Counter-Espionage Law of the People's Republic of China (Revised in 2023)
Counter-Espionage Law of the People's Republic of China (Revised in 2023)
Counter-Espionage Law of the People's Republic of China (Revised in 2023)
Order of the President of the People's Republic of China No.4
April 26, 2023
The Counter-Espionage Law of the People's Republic of China, revised and adopted at the 2nd meeting of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on April 26, 2023, is hereby promulgated and will come into force on July 1, 2023.
Xi Jinping, President of the People's Republic of China
Counter-Espionage Law of the People's Republic of China (Revised in 2023)
(Adopted at the 11th meeting of the Standing Committee of the Twelfth National People's Congress on November 1, 2014, and revised at the 2nd meeting of the Standing Committee of the Fourteenth National People's Congress on April 26, 2023)
Table of Contents
Chapter I General Provisions
Chapter II Security Precautions
Chapter III Investigation and Handling
Chapter IV Safeguards and Oversight
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to strengthen the work of counter-espionage, to prevent, stop, and punish acts of espionage, to safeguard national security, and to protect the interests of the people.
Article 2 In the work of counter-espionage, the centralized and unified leadership of the CPC Central Committee shall be upheld and a holistic view of national security shall be adhered to, and public and secret work, as well as specialized operations and mass-line approaches shall be combined, while maintaining active defense, punishment by law, and treatment of both symptoms and root causes, in order to build a people’s line of defense for national security.
Article 3 The work of counter-espionage shall be conducted in accordance with the law, wherein human rights shall be respected and protected, and the lawful rights and interests of individuals and organizations shall be protected.
Article 4 For the purposes of this Law, an “act of espionage" refers to any of the following conduct:
(1) any activity that endangers the national security of the People's Republic of China (the “PRC”) that is carried out, instigated, or funded by an espionage organization and its agents, or carried out in collusion therewith by any domestic or foreign institution, organization, or individual;
(2) participating in an espionage organization or accepting any task from an espionage organization and its agents, or seeking refuge with an espionage organization and its agents;
(3) any activity carried out, instigated, or funded by a foreign institution, organization, or individual other than espionage organizations and their agents, or carried out in collusion therewith by any domestic institution, organization, or individuals, to steal, spry for, purchase, or illegally provide any state secrets or intelligence, or other documents, data, materials, or items of concern to national security, or to incite, entice, coerce, or bribe a state employee to defect;
(4) any cyber attack, intrusion, interference, control, sabotage, or other such activity carried out, instigated, or funded by an espionage organization and its agents, or carried out in collusion therewith by any domestic or foreign institution, organization, or individual, which targets any state agency, entity involved with classified matters, or critical information infrastructure, among others;
(5) indicating any target for an enemy; or
(6) conducting any other espionage activity.
This law shall apply where an espionage organization and its agents engage in an espionage activity targeting a third country within the territory of the PRC or using any citizen, organization, or other conditions of the PRC, endangering the national security of the PRC.
Article 5 The State shall establish a coordination mechanism for the work of counter-espionage to plan and coordinate major matters, as well as to research and address major issues in the work of counter-espionage.
Article 6 State security agencies are the authority in charge of the work of counter-espionage (hereinafter collectively as the “State Security Authority”).
Relevant agencies such as public security and state secrets agencies, as well as relevant military agencies, shall closely collaborate and enhance coordination with the work of counter-espionage, performing the related work duly and effectively according to their respective functions and duties.
Article 7 Citizens of the PRC shall have an obligation to safeguard the security, honor, and interests of the country, and must not endanger the country’s security, honor, or interests.
All state agencies and armed forces, all political parties, and all people's organizations, enterprises, public institutions, and other social organizations, shall have an obligation to prevent and stop acts of espionage and safeguard national security.
The State Security Authority must rely on the support of the people in the work of counter-espionage, mobilizing and organizing the people to prevent and stop acts of espionage.
Article 8 All citizens and organizations shall duly support and assist the work of counter-espionage, and maintain confidentiality of any state secrets and secrets related to the work of counter-espionage that they become aware of.
Article 9 The State shall protect individuals and organizations that support and assist the work of counter-espionage.
Individuals and organizations that report acts of espionage or make major contributions to the work of counter-espionage shall be given commendations and awards in accordance with relevant regulations of the State.
Article 10 Any act of espionage endangering the national security of the PRC that is carried out, instigated, or funded by any foreign institution, organization, or individual, or carried out in collusion therewith by any domestic institutions, organization, or individual, must be legally pursued.
Article 11 The State Security Authority and their staff shall handle matters strictly in accordance with THE law, must not exceed or abuse their power, and must not infringe the lawful rights and interests of individuals and organizations in the course of their work.
Any information of individuals and organizations obtained by the State Security Authority and their staff when duly performing their counter-espionage functions and duties, can only be used for counter-espionage purposes. State secrets, government work secrets, trade secrets, personal privacy, and personal information shall be kept confidential.
Chapter II Security Precautions
Article 12 State agencies, people's organizations, enterprises, public institutions, and other social organizations are the responsible party for their own entity’s efforts in counter-espionage security precautions, and shall implement counter-espionage security precaution measures, educate the entity’s personnel on safeguarding national security, and mobilize and organize them to prevent and stop acts of espionage.
Local people's governments at all levels and relevant industry authorities shall manage the efforts related to counter-espionage security precautions in the corresponding administrative region or industry according to their respective functions and duties.
The State Security Authority shall duly coordinate, guide, oversee, and inspect efforts in counter-espionage security precautions.
Article 13 People's government at all levels and relevant agencies shall organize awareness promotion and education on counter-espionage security precautions, incorporating knowledge of counter-espionage security precautions as part of the content of education, training, and promotion of legal awareness, in order to enhance the awareness of counter-espionage security precautions and national security literacy of the entire population.
News, radio, television, cultural, internet-based information service, and other organizations shall carry out society-oriented awareness promotion and education on counter-espionage in a targeted manner.
Based on the status of counter-espionage security precautions, the State Security Authority shall guide relevant entities in carrying out counter-espionage education activities to increase the awareness and capacity for precautions.
Article 14 No individual or organization may illegally obtain or possess any documents, data, materials, or items that are state secrets.
Article 15 No individual or organization may illegally manufacture, sell, possess, or use any specialized espionage devices that are specially used for espionage activities.
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Order of the President of the People's Republic of China No.4
April 26, 2023
The Counter-Espionage Law of the People's Republic of China, revised and adopted at the 2nd meeting of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on April 26, 2023, is hereby promulgated and will come into force on July 1, 2023.
Xi Jinping, President of the People's Republic of China
Counter-Espionage Law of the People's Republic of China (Revised in 2023)
(Adopted at the 11th meeting of the Standing Committee of the Twelfth National People's Congress on November 1, 2014, and revised at the 2nd meeting of the Standing Committee of the Fourteenth National People's Congress on April 26, 2023)
Table of Contents
Chapter I General Provisions
Chapter II Security Precautions
Chapter III Investigation and Handling
Chapter IV Safeguards and Oversight
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to strengthen the work of counter-espionage, to prevent, stop, and punish acts of espionage, to safeguard national security, and to protect the interests of the people.
Article 2 In the work of counter-espionage, the centralized and unified leadership of the CPC Central Committee shall be upheld and a holistic view of national security shall be adhered to, and public and secret work, as well as specialized operations and mass-line approaches shall be combined, while maintaining active defense, punishment by law, and treatment of both symptoms and root causes, in order to build a people’s line of defense for national security.
Article 3 The work of counter-espionage shall be conducted in accordance with the law, wherein human rights shall be respected and protected, and the lawful rights and interests of individuals and organizations shall be protected.
Article 4 For the purposes of this Law, an “act of espionage" refers to any of the following conduct:
(1) any activity that endangers the national security of the People's Republic of China (the “PRC”) that is carried out, instigated, or funded by an espionage organization and its agents, or carried out in collusion therewith by any domestic or foreign institution, organization, or individual;
(2) participating in an espionage organization or accepting any task from an espionage organization and its agents, or seeking refuge with an espionage organization and its agents;
(3) any activity carried out, instigated, or funded by a foreign institution, organization, or individual other than espionage organizations and their agents, or carried out in collusion therewith by any domestic institution, organization, or individuals, to steal, spry for, purchase, or illegally provide any state secrets or intelligence, or other documents, data, materials, or items of concern to national security, or to incite, entice, coerce, or bribe a state employee to defect;
(4) any cyber attack, intrusion, interference, control, sabotage, or other such activity carried out, instigated, or funded by an espionage organization and its agents, or carried out in collusion therewith by any domestic or foreign institution, organization, or individual, which targets any state agency, entity involved with classified matters, or critical information infrastructure, among others;
(5) indicating any target for an enemy; or
(6) conducting any other espionage activity.
This law shall apply where an espionage organization and its agents engage in an espionage activity targeting a third country within the territory of the PRC or using any citizen, organization, or other conditions of the PRC, endangering the national security of the PRC.
Article 5 The State shall establish a coordination mechanism for the work of counter-espionage to plan and coordinate major matters, as well as to research and address major issues in the work of counter-espionage.
Article 6 State security agencies are the authority in charge of the work of counter-espionage (hereinafter collectively as the “State Security Authority”).
Relevant agencies such as public security and state secrets agencies, as well as relevant military agencies, shall closely collaborate and enhance coordination with the work of counter-espionage, performing the related work duly and effectively according to their respective functions and duties.
Article 7 Citizens of the PRC shall have an obligation to safeguard the security, honor, and interests of the country, and must not endanger the country’s security, honor, or interests.
All state agencies and armed forces, all political parties, and all people's organizations, enterprises, public institutions, and other social organizations, shall have an obligation to prevent and stop acts of espionage and safeguard national security.
The State Security Authority must rely on the support of the people in the work of counter-espionage, mobilizing and organizing the people to prevent and stop acts of espionage.
Article 8 All citizens and organizations shall duly support and assist the work of counter-espionage, and maintain confidentiality of any state secrets and secrets related to the work of counter-espionage that they become aware of.
Article 9 The State shall protect individuals and organizations that support and assist the work of counter-espionage.
Individuals and organizations that report acts of espionage or make major contributions to the work of counter-espionage shall be given commendations and awards in accordance with relevant regulations of the State.
Article 10 Any act of espionage endangering the national security of the PRC that is carried out, instigated, or funded by any foreign institution, organization, or individual, or carried out in collusion therewith by any domestic institutions, organization, or individual, must be legally pursued.
Article 11 The State Security Authority and their staff shall handle matters strictly in accordance with THE law, must not exceed or abuse their power, and must not infringe the lawful rights and interests of individuals and organizations in the course of their work.
Any information of individuals and organizations obtained by the State Security Authority and their staff when duly performing their counter-espionage functions and duties, can only be used for counter-espionage purposes. State secrets, government work secrets, trade secrets, personal privacy, and personal information shall be kept confidential.
Chapter II Security Precautions
Article 12 State agencies, people's organizations, enterprises, public institutions, and other social organizations are the responsible party for their own entity’s efforts in counter-espionage security precautions, and shall implement counter-espionage security precaution measures, educate the entity’s personnel on safeguarding national security, and mobilize and organize them to prevent and stop acts of espionage.
Local people's governments at all levels and relevant industry authorities shall manage the efforts related to counter-espionage security precautions in the corresponding administrative region or industry according to their respective functions and duties.
The State Security Authority shall duly coordinate, guide, oversee, and inspect efforts in counter-espionage security precautions.
Article 13 People's government at all levels and relevant agencies shall organize awareness promotion and education on counter-espionage security precautions, incorporating knowledge of counter-espionage security precautions as part of the content of education, training, and promotion of legal awareness, in order to enhance the awareness of counter-espionage security precautions and national security literacy of the entire population.
News, radio, television, cultural, internet-based information service, and other organizations shall carry out society-oriented awareness promotion and education on counter-espionage in a targeted manner.
Based on the status of counter-espionage security precautions, the State Security Authority shall guide relevant entities in carrying out counter-espionage education activities to increase the awareness and capacity for precautions.
Article 14 No individual or organization may illegally obtain or possess any documents, data, materials, or items that are state secrets.
Article 15 No individual or organization may illegally manufacture, sell, possess, or use any specialized espionage devices that are specially used for espionage activities.
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