Detailed Rules for the Implementation of the Counterespionage Law of the People's Republic of China

Detailed Rules for the Implementation of the Counterespionage Law of the People's Republic of China 中华人民共和国反间谍法实施细则 Order of the State Council (No. 692) The Detailed Rules for the Implementation of the Counterespionage Law of the People's Republic 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 the People's Republic 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, publish......