Counterterrorism Law of the People's Republic of China (2018 Amendment)

Counterterrorism Law of the People's Republic of China (2018 Amendment) 中华人民共和国反恐怖主义法(2018修正) Counterterrorism Law of the People's Republic of China (Promulgated by Order No. 36 of the President of the People's Republic of China on December 27, 2015, and amended according to the Decision of the Standing Committee of the National People's Congress to Amend Six Laws Including the Frontier Health and Quarantine Law of the People's Republic of China, by Order No. 6 of the President of the People's Republic of China on April 27, 2018) Table of Contents Chapter I General Provisions Chapter II Determination of Terrorist Organizations and Individuals Chapter III Security Protection Chapter IV Intelligence Information Chapter V Investigation Chapter VI Response and Handling Chapter VII International Cooperation Chapter VIII Safeguard Measures Chapter IX Legal Liability Chapter X Supplementary Provisions Chapter I General Provisions Article 1 For purposes of preventing and punishing terrorist activities, improving counterterrorism work, and safeguarding national security, public security and the security of people's lives and property, this Law is developed in accordance with the Constitution. Article 2 The state shall combat all forms of terrorism, legally ban terrorist organizations, and in accordance with the law, investigate the legal liability of anyone who organizes, plans, prepares for, or conducts any terrorist activity, advocates terrorism, instigates any terrorist activity, organizes, leads or participates in any terrorist organization, or provides assistance to any terrorist activity. The state shall not make concession to any terrorist organization or individual, or offer asylum or give refugee status to any terrorist. Article 3 For the purpose of this Law, “terrorism” means any proposition or activity that, by means of violence, sabotage or threat, generates social panic, undermines public security, infringes upon personal and property rights, or menaces state authorities and international organizations, with the aim to realize political, ideological and other purposes. For the purpose of this Law, “terrorist activities” means the following conduct of the terrorist nature: (1) Organizing, planning, preparing for, or conducting the activities which cause or attempt to cause casualties, grave property loss, damage to public facilities, disruption of social order and other serious social harm. (2) Advocating terrorism, instigating terrorist activities, or illegally holding articles advocating terrorism, or forcing other persons to wear costume or symbols advocating terrorism in public places. (3) Organizing, leading or participating in terrorist organizations. (4) Providing information, funds, materials, labor services, technologies, places and other support, assistance and convenience to terrorist organizations, terrorists, the implementation of terrorist activities or training on terrorist activities. (5) Other terrorist activities. For the purpose of this Law, “terrorist organizations” means criminal organizations formed by three or more persons for the purpose of conducting terrorist activities. For the purpose of this Law, “terrorists” means the individuals who conduct terrorist activities and members of terrorist organizations. For the purpose of this Law, “terrorist incidents” means terrorist activities that are occurring or have occurred, which cause or may cause serious social harm. Article 4 The state shall include counterterrorism in the national security strategy, comprehensively implement policies, address both the symptoms and root causes, strengthen the construction of counterterrorism capability, and use political, economic, legal, cultural, educational, diplomatic, military, and other means to conduct counterterrorism work. The state shall combat all forms of extremism, such as the incitement to hatred and discrimination and agitation for violence by distorting religious doctrine or other methods, so as to eliminate the ideological basis of terrorism. Article 5 Counterterrorism work shall be conducted under the principles of combining specialized tasks with reliance on the masses, giving priority to prevention, integrating punishment and prevention, anticipating the enemy and maintaining activeness. Article 6 Counterterrorism work shall be conducted in accordance with the law by respecting and safeguarding human rights and protecting the lawful rights and interests of citizens and organizations. In counterterrorism work, citizens' freedom in religious belief and ethnic customs shall be respected, and any discriminatory deeds based on regions, ethnic groups, religions and other causes shall be prohibited. Article 7 The state shall establish a counterterrorism leading body to uniformly lead and command the national counterterrorism work. Local people's governments at or above the level of a districted city shall establish counterterrorism leading bodies, people's governments at the county level shall establish counterterrorism leading bodies as required, and be responsible for counterterrorism work in their respective regions under the leadership and command of counterterrorism leading bodies at higher levels. Article 8 Public security authorities, national security authorities, people's procuratorates, people's courts, judicial administrative authorities, and other relevant state authorities shall, according to their division of work, implement the work responsibility system, and effectively conduct counterterrorism work in accordance with the law. The Chinese People's Liberation Army, the Chinese people's armed police force and militia organizations shall prevent and punish terrorist activities in accordance with this Law and other relevant laws, administrative regulations, military regulations and orders of the State Council and the Central Military Commission, and according to the arrangements of counterterrorism leading bodies. The relevant departments shall establish the joint cooperation mechanism, and rely on and mobilize villagers' committees, neighborhood committees, enterprises and public institutions, and social organizations to jointly conduct counterterrorism work. Article 9 All entities and individuals have the obligation to assist and cooperate with the relevant departments in counterterrorism work, and shall report any suspected terrorist activity, or suspect of terrorist activities discovered to the public security authority or the relevant department in a timely manner. Article 10 The entities and individuals that have made prominent contributions to the reporting of terrorist activities or assistance to the prevention of terrorist activities, and entities and individuals that have made other prominent contributions in counterterrorism work shall be commended and rewarded according to the relevant provisions of the state. Article 11 The People's Republic of China shall exercise criminal jurisdiction over terrorist crimes committed against the nation, citizens or institutions of the People's Republic of China outside the territory of the People's Republic of China, or terrorist crimes constituted under international treaties that the People's Republic of China has concluded or acceded to, and investigate criminal liabilities in accordance with the law. Chapter II Determination of Terrorist Organizations and Individuals Article 12 The national counterterrorism leading body shall, in accordance with the provision of Article 3 of this Law, determine terrorist organizations and individuals, and the announcement thereon shall be made by the working body of the national counterterrorism leading body. Article 13 The public security department, national security department and foreign affairs department of the State Council and provincial counterterrorism leading bodies shall file applications with the national counterterrorism leading body for the determination of terrorist organizations and individuals if required. Article 14 Financial institutions and specific non-financial institutions shall immediately freeze the funds or other assets of terrorist organizations and individuals announced by the working body of the national counterterrorism leading body, and according to the relevant provisions, report to the public security department, national security department and anti-money laundering administrative department of the State Council in a timely manner. Article 15 A determined terrorist organization or individual that has any objection to the determination may file an application for review with the working body of the national counterterrorism leading body. The national counterterrorism leading body shall conduct review in a timely manner, and make a decision to maintain or revoke the determination. The review decision shall be final. Where the national counterterrorism leading body makes a decision to revoke the determination, the working body of the national counterterrorism leading body shall make an announcement; and the funds and assets that have been frozen shall be unfrozen. Article 16 In accordance with the provisions of the Criminal Procedure Law, the competent people's courts at or above the intermediate level may legally determine terrorist organizations and individuals in the course of trying criminal cases. If the working body of the national counterterrorism leading body needs to make an announcement after a judgment comes into force, the relevant provisions of this Chapter shall apply. Chapter III Security Protection Article 17 People's governments at all levels and the relevant departments shall organize counterterrorism publicity and education, and enhance the counterterrorism awareness of citizens. Education and human resource administrative departments, schools and the relevant vocational training institutions shall include the knowledge about the prevention of and response to terrorist activities in the education, teaching and training content. Press, broadcasting, television, culture, religion, Internet and other relevant entities shall conduct pertinent counterterrorism publicity and education in the society. Villagers' committees and neighborhood committees shall assist people's governments and the relevant departments in strengthening counterterrorism publicity and education. Article 18 Telecommunications business operators and Internet service providers shall provide technical interface, decryption and other technical support and assistance for the prevention and investigation of terrorist activities conducted by public security authorities and national security authorities in accordance with the law. Article 19 Telecommunications business operators and Internet service providers shall, in accordance with the provisions of laws and administrative regulations, put into practice network security and information content supervision rules, and technical measures for security protection, so as to avoid the dissemination of information with any terrorist or extremist content. If they discover any information with terrorist or extremist content, they shall cease the transmission immediately, preserve relevant records, delete relevant information, and report to public security authorities or the relevant departments. Network communications, telecommunications, public security, national security and other competent departments shall, according to the division of their powers and duties, order in a timely manner the relevant entities to cease the transmission of and delete the relevant information with any terrorist or extremist content, or close the relevant websites and terminate the provision of the relevant services. Relevant entities shall immediately enforce such orders and preserve the relevant records, and assist in investigation. Competent telecommunications departments shall take technical measures to block the dissemination of information with any terrorist or extremist content available on the international Internet. Article 20 Entities providing cargo transport by railway, highway, waterway or air, postal entities, express delivery entities, and other logistics operation entities shall implement security check rules, check clients' identities, and conduct security check or visual check of the transported and delivered articles as required. The articles prohibited from transport and delivery, articles with serious potential safety hazards or articles for which clients refuse to accept security check shall not be transported or delivered. “Logistics operation entities” as mentioned in the preceding paragraph shall implement rules on the registration of information on identities of clients who transport and deliver articles and information on articles. Article 21 Telecommunications, Internet, finance, accommodation, long-distance passenger transport, motor vehicle lease and other business operators and service providers shall check clients' identities. They shall not provide services to any client whose identity is not clear or who refuses to accept identity check. Article 22 Production and import entities shall, according to the relevant provisions, produce electronic track labels on guns and other weapons, ammunition, controlled instruments, hazardous chemicals, civil explosives and nuclear and radioactive articles, and add security check track labels to civil explosives. Transport entities shall, according to the relevant provisions, monitor the transport vehicles of hazardous chemicals, civil explosives and nuclear and radioactive articles in operation through the positioning system. The relevant entities shall conduct strict supervision and administration of infectious pathogens and other substances according to the relevant provisions, and strictly prevent the spread or flow into illegal channels of infectious pathogens and other substances. The relevant department of the State Council or provincial people's governments may, as required, decide to regulate the production, import and export, transport, sale, use and scrapping of controlled instruments, hazardous chemicals and civil explosives in specific regions at specific time, and may prohibit trading of the aforesaid articles with cash and physical goods, or otherwise restrict trading activities. Article 23 Where any gun or any other weapon, ammunition, hazardous chemicals, civil explosives, nuclear and radioactive articles, or infectious pathogens or any other articles are stolen or robbed, lost or otherwise disappeared, the entity where the case occurs shall immediately take necessary control measures, and immediately report to the public security authority, and at the same time, report to the relevant department as required. The public security authority shall conduct investigation in a timely manner after receiving the report. The relevant department shall assist in the work of the public security authority. No entity or individual shall illegally manufacture, produce, store, transport, import or export, sell, provide, purchase, use, possess, scrap or destroy any articles as set forth in the preceding paragraph. If discovered by a public security authority, the articles shall be detained; if discovered by any other competent department, the articles shall be detained and the public security authority shall be immediately notified, and if discovered by any other entity or individual, a report shall be immediately made to the public security authority. Article 24 The anti-money laundering department of the State Council and the relevant departments and bodies of the State Council shall, in accordance with the law, conduct supervision and administration of the performance of the obligation to combat terrorist financing by financial institutions and specific non-financial institutions. Where the anti-money laundering department of the State Council finds any suspected terrorist financing, it may conduct investigation in accordance with the law, and take temporary freeze measure. Article 25 Where the audit, public finance, tax or any other department discovers in the course of supervision and inspection of the relevant entities according to the provisions of laws and administrative regulations that the capital inflow or outflow is suspected of terrorist financing , it shall notify the public security authority in a timely manner. Article 26 Where a customs office finds any suspected terrorist financing in the course of supervision of cash and bearer negotiable instruments carried by the personnel entering or leaving China, it shall immediately notify the anti-money laundering administrative department of the State Council and the competent public security authority. Article 27 Urban and rural plans made or implemented upon organization by local people's governments at all levels shall satisfy the requirements for counterterrorism work. Local people's governments at all levels shall, as required, organize and urge the relevant construction entities to equip themselves with and install public security video information systems and other technical and material defense equipment and facilities for guarding against terrorist attacks on main roads, transport junctions and major parts of urban public areas. Article 28 Public security authorities and the relevant departments shall, in a timely manner, stop anyone that advocates extremism, endangers public security, disturbs the public order, infringes upon personal and property rights, or disrupts social management by using extremism, and investigate legal liability in accordance with the law. Where a public security authority finds any extremist activity, it shall order the immediate cessation of the activity, forcibly take the relevant personnel out of the scene and register their identity information, confiscate the relevant articles and materials, and seal up the places for illegal activities. Any entity or individual that finds any articles, materials or information that advocates extremism shall immediately report to the public security authority. Article 29 Where anyone is instigated, coerced or induced to participate in any terrorist or extremist activity, or participates in any terrorist or extremist activity, if the circumstances are not serious enough to constitute a crime, the public security authority shall organize the relevant departments, villagers' committee, neighborhood committee, the entity where he or she works, the school where he or she studies, his or her family members and guardian to assist and educate him or her. Prisons, jails and community correction agencies shall strengthen the management, education, correction and other work on terrorist convicts and extremist convicts serving sentences. Prisons and jails may, based on the requirements for education, reform and maintaining the supervision and administration order, take into custody terrorist convicts and extremist convicts together with ordinary criminal convicts, or take them into custody separately. Article 30 Where a terrorist convict or extremist convict is sentenced to imprisonment or is given a severer penalty, the prison or jail shall, before the convict is released after serving his or her sentence, assess his or her social danger according to the crime nature, circumstances, and degree of social danger, the convict's performance during the period of serving sentence, and the impact on the community where the convict resides after his or her release, among others. Social danger shall be assessed after soliciting the opinions of the relevant grassroots organizations and the original case handling authority. If the convict has social danger upon assessment, the prison or jail shall offer a settlement and education proposal to the intermediate people's court at the place where the convict serves his or her sentence, and send a copy of the proposal to the people's procuratorate at the same level. Where the convict does have social danger, before the convict is released after serving his or her sentence, the intermediate people's court at the place where the convict serves his or her sentence shall decide to order the convict to receive settlement a......