This unofficial translation has been made available by ChinaLawTranslate.com.
Counter-Terrorism Law of the People's Republic of China
(Passed by the 18th Session of the Standing Committee of the 12th National People's Congress on December 27, 2015)
Chapter I: General Provisions
Article 1: This Law was drafted in accordance with the Constitution in order to prevent and punish terrorist activities, strengthen counter-terrorism efforts and to safeguard the security of the state, the public, and the lives and properties of the people.
Article 2: The State opposes all kinds of terrorism, bans terrorist activity organizations according to law, and pursues legal responsibilities of anyone who organizes, plots, prepares to commit, or commits terrorist activities; or who advocates terrorism, incites to commit terrorist activities, organizes, leads, joins terrorist organizations, or aids terrorist activities.
The State does not make compromises to terrorist organizations or offer asylum or give refugee status to any terrorist activity personnel.
Article 3: "Terrorism" as used in this Law refers to appeals and actions that create social panic, endanger public safety, violate person and property, or coerce national organs or international organizations, through methods such violence, destruction, intimidation, so as to achieve their political, ideological, or other objectives.
"Terrorist Activities" as used in this law refers to the following acts of a terrorist nature:
(1) Activities that seriously harm society such as organizing, planning, preparing for, or carrying out any of the following conduct so as to cause injuries to persons, major property damage, damage to public facilities, or havoc in public order;
(2) Advocating terrorism, inciting others to commit terrorist activities, unlawfully possessing items that advocate terrorism, or compelling others to wear or bear clothes or symbols that advocate terrorism in a public place;
(3) Organizing, leading, or participating in a terrorist organization;
(4) Providing information, capital, funding, labor, technology, venues or other support, assistance or facilitation for terrorist organizations, terrorist activity personnel, or the commission of terrorist activities;
(5) Other terrorist activities.
"Terrorist organization" as used in this Law refers to a criminal organization of three persons or more which has been formed to carry out terrorist activities.
"Terrorist personnel" as used in this Law refers to people who carry out terrorist activities and members of terrorist organizations.
"Terrorist incident" used in this Law refers to terrorist activity in the process of occurring or which has already occurred and which has caused or may cause significant harm to society.
Article 4: The state includes counter-terrorism in the national security strategy, comprehensive strategizing to address both the symptoms and root causes, strengthening the establishment of capacity to fight terrorism; and using political, economic, legal, cultural, educational, diplomatic and military means, to carry out counter-terrorism efforts.
The state opposes all forms of using distorted religious teachings or other means to incite hatred or discrimination, and advocate violence and other extremism; eliminating terrorism's ideological basis.
Article 5: Counter-terrorism efforts adhere to the principles of combining specialied efforts with the mass line, emphasizing prevention, combining punishment and prevention and anticipating the enemy's moves, and remaining proactive.
Article 6: Counter-terrorism work shall be conducted in accordance with law, respect and protect human rights, and preservation of citizens' and organizations' lawful rights and interests.
Citizens ' freedom of religious belief and ethnic customs shall be respected in counter-terrorism efforts, and any practices discriminating on the basis of geography, ethnicity or religion is prohibited.
Article 7: The State establishes a leading institution on counter-terrorism efforts, unifying leadership and command of counter-terrorism efforts for the entire nation.
The people's governments of directly governed localities and above establish leading institutions on counter-terrorism efforts; county level people's governments accordingly must establish leading institutions on counter-terrorism efforts; the responsible localities' anti-terrorism efforts are under the leadership and command of higher level leading institutions on counter-terrorism efforts.
Article 8: Public security organs, national security organs and people's procuratorates, people's courts, judicial-administrative organs and other relevant state organs shall perform counter-terrorism efforts well in accordance with their division of labor and implement work accountability systems.
The Chinese People's Liberation Army, the Chinese People's armed police forces and people's militia organizations prevent and handle terrorist activities under the deployment of leading institutions for counter-terrorism efforts and following this Law and other relevant laws, administrative regulations, military regulations and the decrees of the State Council and the Central Military Commission.
Relevant departments shall establish a joint coordination mechanism that relies upon and mobilizes villagers' committees, residents' committees , enterprises and public institutions, and societal organizations to jointly develop counter-terrorism efforts.
Article 9: All units and individuals have the obligation to assist and cooperate with relevant government authorities in carrying out counter-terrorism efforts, and where discovering suspected terrorist activities or suspected terrorist individuals, shall promptly report to the public security organs or relevant departments.
Article 10: In accordance with relevant state regulations, the government will give commendation and rewards to those individuals or units who make an outstanding contribution to the reporting of terrorist activities or assisting in prevention of terrorist activities.
Article 11: The People's Republic of China exercises criminal jurisdiction and lawfully pursues criminal responsibility for terrorist activity crimes committed against the State of the People's Republic of China, or the citizens or organizations thereof outside the territory of the People's Republic of China, and terrorist activity crimes committed that are stipulated in international treaties concluded with or joined by the People's Republic of China.
Chapter II: Designation Of Terrorist Organizations And Personnel
Article 12: The national leading institution for counter-terrorism efforts designates terrorist organizations and personnel on the basis of the provisions of article 3 of this law, and this is announced by the administrative body of the national leading institution for counter-terrorism efforts.
Article 13: Departments for public security, national security, and diplomacy under the State Council, and provincial-level leading institutions for counter-terrorism efforts, shall apply to the national leading institution for counter-terrorism efforts when needing a designation of terrorist organizations or personnel.
Article 14: Financial institutions and designated non-financial organizations, shall immediately freeze capital or other assets of terrorist organizations and personnel as announced by the administrative body of the national leading institution for counter-terrorism efforts, and promptly follow provisions to report this to the State Council public security department, the Ministry of National Security and the administrative departments responsible for countering money laundering.
Article 15: Organizations and personnel designated as terrorist that are dissatisfied with the designation, may apply for a review through the administrative body of the national leading institution for counter-terrorism efforts. The national leading institution for counter-terrorism efforts shall promptly conduct a review and make a decision to sustain or revoke the designation. Review decisions are final.
Where the national leading institution for counter-terrorism efforts makes a decision to revoke a determination, its administrative body will make an announcement; where capital or assets have already been frozen, they shall be released.
Article 16: People's courts at the intermediate level or higher that have jurisdiction on the basis of provisions of the Criminal Procedure Law, may lawfully designate terrorist organizations and personnel in the course of hearing criminal cases. Where after a criminal judgment has become effective it is necessary for the administrative body of the national leading institution for counter-terrorism efforts to make an announcement, apply the relevant provisions of this Chapter.
Chapter III: Security And Prevention
Article 17: People's governments and relevant departments at all levels shall organize the initiation of counter-terrorism publicity and education, raising citizens' counter-terrorism awareness.
Administrative management departments for education and human resources, schools and relevant vocational training institutions shall include knowledge of prevention and response to terrorist activities within their teaching, studies and training content.
Relevant units such as for news, radio, television , culture, religion and the internet shall conduct pertinent counter-terrorism publicity and education aimed at the public.
Villagers ' committees and residents ' committees shall assist people's governments and related departments in strengthening counter-terrorism publicity and education.
Article 18: Telecommunications operators and internet service providers shall provide technical interfaces, decryption and other technical support assistance to public security organs and state security organs conducting prevention and investigation of terrorist activities in accordance with law.
Article 19: Telecommunications operators and internet service providers shall, according to provisions of law and administrative regulations, put into practice network security systems and information content monitoring systems, technical prevention and safety measures, to avoid the dissemination of information with terrorist or extremist content. Where information with terrorist or extremist content is discovered, its dissemination shall immediately be halted, relevant records shall be saved, and the relevant information deleted, and a report made to public security organs or to relevant departments.
Network communications, telecommunications, public security, state security and other such departments discovering information with terrorist or extremist content shall promptly order to the relevant units to stop their transmission and delete relevant information, or close relevant websites, and terminate relevant services. Relevant units shall immediately enforce [such orders] save relevant records, and assist in conducting investigations. Departments for network communications shall adopt technical measures to interrupt transmission of information with terrorrist or extremist content that crosses borders online.
Article 20: Railway, public road, maritime or aviation transport and post units, and courier, or logistics operations units, shall implement safety inspection systems, checking customer identities and conducting safety inspections of transported or delivery goods or opening them for visual inspection. Items for which transport or shipping is prohibited, that pose a major safety risk, or that customers refuse to allow a safety inspection of, must not be be transported or shipped.
Logistics operations units as provided for in the preceding paragraph, shall carry out a registry system for transport and shipping customer identification, and item information.
Article 21: Business operations and service providers such as for telecommunications, internet, finance, lodging, long-distance passenger transport, and motor vehicle rentals, shall carry out check of customers' identities. Those whose identity is unclear or who refuse the check, must not be provided service.
Article 22: Production and import units shall follow provisions to make digital tracking markers for guns and other weapons, ammunition, dangerous chemicals, civil-use explosives, and nuclear or radioactive materials, and attach inspection markers to civil-use explosives.
运输单位应当依照规定对运营中的危险化学品、民用爆炸物品、核与放射物品的运输工具通过定位系统实行监控。
有关单位应当依照规定对传染病病原体等物质实行严格的监督管理,严密防范传染病病原体等物质扩散或者流入非法渠道。
对管制器具、危险化学品、民用爆炸物品,国务院有关主管部门或者省级人民政府根据需要,在特定区域、特定时间,可以决定对生产、进出口、运输、销售、使用、报废实施管制,可以禁止使用现金、实物进行交易或者对交易活动作出其他限制。
Article 23: 发生枪支等武器、弹药、危险化学品、民用爆炸物品、核与放射物品、传染病病原体等物质被盗、被抢、丢失或者其他流失的情形,案发单位应当立即采取必要的控制措施,并立即向公安机关报告,同时依照规定向有关主管部门报告。 公安机关接到报告后,应当及时开展调查。 有关主管部门应当配合公安机关开展工作。
任何单位和个人不得非法制作、生产、储存、运输、进出口、销售、提供、购买、使用、持有、报废、销毁前款规定的物品。 Where discovered by public security organs, they shall be seized; where discovered by other competent departments, they shall be seized and the public security organs shall be immediately notified , and where discovered by other units or individuals, the discovery shall be promptly reported to public security organs.
Article 24: Administrative departments of the State Council responsible for combating money laundering and relevant departments and institutions of the State Council conduct supervision and management of financial institutions and designated non-financial institutions' fulfillment of their duties to combat financing of terrorism in accordance with law.
国务院反洗钱行政主管部门发现涉嫌恐怖主义融资的,可以依法进行调查,采取临时冻结措施。
Article 25: 审计、财政、税务等部门在依照法律、行政法规的规定对有关单位实施监督检查的过程中,发现资金流入流出涉嫌恐怖主义融资的,应当及时通报公安机关。
Article 26: Where during supervision and management of incoming and outgoing travelers carrying liquid currency and bearer negotiable instruments, customs discovers suspected terrorist financing, they shall shall immediately notify administrative departments of the State Council responsible for combating money laundering and to the public security organs with jurisdiction.
Article 27: 地方各级人民政府制定、组织实施城乡规划,应当符合反恐怖主义工作的需要。
地方各级人民政府应当根据需要,组织、督促有关建设单位在主要道路、交通枢纽、城市公共区域的重点部位,配备、安装公共安全视频图像信息系统等防范恐怖袭击的技防、物防设备、设施。
Article 28: 公安机关和有关部门对宣扬极端主义,利用极端主义危害公共安全、扰乱公共秩序、侵犯人身财产、妨害社会管理的,应当及时予以制止,依法追究法律责任。
公安机关发现极端主义活动的,应当责令立即停止,将有关人员强行带离现场并登记身份信息,对有关物品、资料予以收缴,对非法活动场所予以查封。
Any unit or individual that discovers items, materials or information advocating extremism shall immediately report it to the public security organs.
Article 29: 对被教唆、胁迫、引诱参与恐怖活动、极端主义活动,或者参与恐怖活动、极端主义活动情节轻微,尚不构成犯罪的人员,公安机关应当组织有关部门、村民委员会、居民委员会、所在单位、就读学校、家庭和监护人对其进行帮教。
监狱、看守所、社区矫正机构应当加强对服刑的恐怖活动罪犯和极端主义罪犯的管理、教育、矫正等工作。 监狱、看守所对恐怖活动罪犯和极端主义罪犯,根据教育改造和维护监管秩序的需要,可以与普通刑事罪犯混合关押,也可以个别关押。
Article 30: 对恐怖活动罪犯和极端主义罪犯被判处徒刑以上刑罚的,监狱、看守所应当在刑满释放前根据其犯罪性质、情节和社会危害程度,服刑期间的表现,释放后对所居住社区的影响等进行社会危险性评估。 进行社会危险性评估,应当听取有关基层组织和原办案机关的意见。 经评估具有社会危险性的,监狱、看守所应当向罪犯服刑地的中级人民法院提出安置教育建议,并将建议书副本抄送同级人民检察院。
罪犯服刑地的中级人民法院对于确有社会危险性的,应当在罪犯刑满释放前作出责令其在刑满释放后接受安置教育的决定。 决定书副本应当抄送同级人民检察院。 Any unit or individual that discovers items, materials or information advocating extremism shall immediately report it to the public security organs.
Education placement are organized and carried out by provincial level people's governments. 安置教育机构应当每年对被安置教育人员进行评估,对于确有悔改表现,不致再危害社会的,应当及时提出解除安置教育的意见,报决定安置教育的中级人民法院作出决定。 被安置教育人员有权申请解除安置教育。
People's procuratorate's carry out supervision of education placement decisions.
Article 31 公安机关应当会同有关部门,将遭受恐怖袭击的可能性较大以及遭受恐怖袭击可能造成重大的人身伤亡、财产损失或者社会影响的单位、场所、活动、设施等确定为防范恐怖袭击的重点目标,报本级反恐怖主义工作领导机构备案。
Article 32: Units managing key targets shall perform the following duties:
(1) formulate prevention and response plans and measures for terrorist actions, and periodically conduct training and exercises;
(2) establish systems for ensuring funding for the special counter-terrorism efforts; allot and update prevention and handling facilities and equipment;
(3) Assign relevant organs, or put responsible persons into place, and clarify job responsibilities;
(4) Implement risk assessment, real-time security threat monitoring and improve internal security management;
(5) Periodically report on the situation of implementing prevention measures to the public security organs and relevant departments
Units managing key targets shall follow the urban and rural plans, the relevant standards and actual needs, to synchronize design, construction and movement of equipment and facilities for technical and material defense precautions compliant with article 27 of this law.
Units managing key targets shall establish systems such as for the monitoring of the public security video information system, the storage and use of information, and operations protections; to ensure the regular operations of relevant systems. 采集的视频图像信息保存期限不得少于九十日。
For units, venues, activities, and facilities other than key targets, the competent department and management unit shall follow provisions of the laws and administrative regulations to establish and improve security management systems and implement, put security accountability into practice.
Article 33: Units managing key targets conduct security background reviews of personnel in key posts. Personnel who have records with inappropriate circumstances, shall be transferred to other posts, and the relevant circumstances reported to the public security organs.
Article 34: 大型活动承办单位以及重点目标的管理单位应当依照规定,对进入大型活动场所、机场、火车站、码头、城市轨道交通站、公路长途客运站、口岸等重点目标的人员、物品和交通工具进行安全检查。 发现违禁品和管制物品,应当予以扣留并立即向公安机关报告;发现涉嫌违法犯罪人员,应当立即向公安机关报告。
Article 35: Operating units shall follow provisions to allot security personnel and related equipment and facilities to strengthen security reviews and security work for aircraft, trains, boats, urban light rail, public transportation and other means of public transportation.
Article 36: Public security organs and relevant departments, shall understand the basic information and important trends of key targets, and guide and supervise the managing units in completing all duties of preventing and defending against terrorist attacks.
Public security organs and Chinese People's armed police forces shall follow relevant provisions in guarding, patroling and inspecting key targets.
Article 37: 飞行管制、民用航空、公安等主管部门应当按照职责分工,加强空域、航空器和飞行活动管理,严密防范针对航空器或者利用飞行活动实施的恐怖活动。
Article 38: All levels of people's government and military organs shall create obstruction dividers, video capture equipment and alarms for illegal border crossing, at national (territory) border passages and ports.
Public security organs and the Chinese People's Liberation Army frontier forces shall closely organize patrols of the national (frontier) borders; and follow provisions to conduct inspections of areas near national (frontier) borders, national (frontier) border crossings and passages, port staff, means of conveyance and materials, and boats setting off from coastal regions.
Article 39: Orgins issuing exit/entry documents, and organs conducting border inspections have the right to deny terrorist personnel and persons suspected of terrorist activities entry or exit across border, and to not issue documents for entering or exiting the borders, or to declare their entry and exit documents cancelled.
Article 40: 海关、出入境边防检查机关发现恐怖活动嫌疑人员或者涉嫌恐怖活动物品的,应当依法扣留,并立即移送公安机关或者国家安全机关。
检验检疫机关发现涉嫌恐怖活动物品的,应当依法扣留,并立即移送公安机关或者国家安全机关。
Article 41: Departments of the State Council such as for foreign affairs, public security, national security, development and reform, industry and informatization, commerce, or tourism shall establish risk assessment systems for overseas investment cooperation and travel, and increase security protections for Chinese citizens abroad, and organizations, facilities or assets based outside the mainland territory, to prevent and respond to terrorist attacks.
Article 42: Organizations based abroad shall establish and complete security protection systems and advance response planning, and strengthen security protections for relevant personnel and property.
Chapter IV: Intelligence Information
Article 43: The National Leading Institution for counter-terrorism Efforts establishes a national counter-terrorism intelligence center, implements cross-departmental intelligence information working mechanisms and overall planning on counter-terrorism intelligence information work.
Relevant departments shall strengthen efforts to collect counter-terrorism intelligence information, and shall follow provisions to uniformly send all leads related to intelligence information, such as regarding personnel or activities, to the national counter-terrorism intelligence information center.
Local leading institutions for counter-terrorism efforts shall establish cross-departmental intelligence information working mechanisms, organize the development of counter-terrorism intelligence information efforts, and shall promptly report important intelligence information to the leading institution for counter-terrorism efforts at the level above, and shall promptly inform relevant locations of urgent intelligence information related to those areas.
Article 44: Public security organs, state security organs and relevant departments shall rely on the public to increase efforts at the base level foundation, establish forces for basic level intelligence information efforts, and raise the capacity for counter-terrorism intelligence information efforts.
Article 45: As needed for counter-terrorism intelligence information work , and on the basis of national provisions, public security organs, state security organs and military organs may employ technological investigative measures upon strict formalities for approval.
Materials obtained in accordance with the preceding paragraph may only be used in the response to and handling of terrorist activities and in the investigation, indictment and trial of terrorist activity or extremist crimes, and must otherwise used.
Article 46: Relevant departments shall promptly provide information obtained during safety and protection efforts provided for in Chapter III of this law, on the basis of requests by the national counter-terrorism intelligence information center.
Article 47: The national counter-terrorism intelligence information center, local leading institutions for counter-terrorism efforts, and also public security organs and other relevant departments shall screen, scrutinize, verify and monitor relevant intelligence information, and where finding a threat of a terrorist incident occurring, and that it is necessary to employ corresponding safety precautions and response measures, shall promptly report this to the relevant departments and units, and may issue alerts according to the situation. Relevant departments and units shall complete safety precautions and response handling efforts in accordance with the report.
Article 48:Leading agencies for counter-terrorism efforts and relevant departments, units and individuals shall maintain confidentiality of information touching on state secrets, commercial secrets and personal privacy acquired during the course of performing counter-terrorism duties or obligations, providing services, or cooperating in counter-terrorism efforts.
Where state secrets, commercial secrets or personal privacy are disclosed in violation of provisions, legal responsibility is pursued in accordance with law.
Chapter V: Investigation
Article 49: Public security organs receiving a report of suspected terrorist activity, or discovering suspected terrorist activity, that requires investigation and verification, they shall quickly conduct an investigation.
Article 50: Public security organs investigating suspected terrorist activities may follow relevant legal provisions to interrogate, check on, or summon suspected persons, and may collect or gather images, finger prints, iris imaging, and other physiological identifying information, and also blood, urine, exfoliated skin cells and other biological samples, and store their signature.
Public security organs investigating suspected terrorist activity may notify persons that understand the relevant circumstances to come to the public security organ or other location for questioning.
Article 51: Public security organs investigating suspected terrorist activities have the right to gather and collect relevant information and materials from relevant units and individuals. Relevant units and individuals shall truthfully provide it.
Article 52: Upon approval by a public security organ at the county level or above, public security organs investigating suspected terrorist activities may make inquiries into suspects' deposits, remittances, bonds, stocks, fund shares and other assets, and may employ measures to seal, seize or freeze them. The period for sealing, seizure, or freezing must not exceed 2 months, but where the circumstances are complicated, this may be extended by one month upon the approval of the responsible party for the public security organ at the level above.
Article 53: Upon approval by the responsible party for a public security organ at the county level or above, public security organs investigating suspected terrorist activities may order persons suspected of terrorist activities to comply with one or more of the following restrictive measures, based on the extent of the threat:
(1)Must not leave their city or county of residence, or designated residence, without permission of a public security organ;
(2)must not participate in large scale mass activities, or engage in specified activities
(3) must not ride on public transportation or enter specified venues without approval by the public security organs;
(4)must not meet or communicate with specified persons;
(5) periodically report on activities to the public security organs;
(6) hand over passports or other entry and exit documents, id cards or drivers licenses to the public security organs organ for keeping.
Public security organs may employ electronic surveillance, random inspections and other methods to monitor compliance with restrictive conditions.
The period for restrictive measures provided for in the preceding two paragraphs must not exceed 3 months. Where it is not necessary to continue employing restrictive measures, they shall be promptly removed.
Article 54: Public security organs discovering criminal facts or suspects through investigation, shall follow the Criminal Procedure Law file and investigate the case. Where the time periods provided for in this chapter are completed but the public security organs have not filed a case for investigation, relevant measures shall be removed.
Chapter VI: Response And Handling
Article 55: The State establishes and completes a terrorist incident response plan system.
The national leading institution for counter-terrorism efforts shall target patterns, characteristics and potential societal harms of different types of terrorist incident, and formulate a response plan based on level and category, specifically providing a system for organization direction in responding to terrorist incidents, safety precautions, response and handling procedures, post-incident social recovery, and other such content.
Relevant departments and local leading institutions for counter-terrorism efforts shall formulate corresponding response plans.
Article 56:In responding to terrorist incidents, all levels of leading institution on counter-terrorism efforts shall establish a command institution in which relevant departments participate, and implement a system where the commander is responsible. The responsible person of the leading institution for counter-terrorism efforts may serve as commander, or the responsible person of public security organs or of member units of the leading institution for counter-terrorism efforts may be designated to serve as commander.
The national leading institution for counter-terrorism efforts is responsible for commanding the response to terrorist incidents that occur across provinces, autonomous regions, or directly governed municipalities, or especially serious terrorist incidents; the provincial level leading institution for counter-terrorism efforts takes command of the response to terrorist incidents that involve multiple administrative regions within provincial, autonomous region, or directly governed municipality or are especially serious.
Article 57: After terrorist incidents occur, the leading institution on counter-terrorism efforts for the affected region shall immediately activate the terrorist incident response plan and determine a commander. Relevant departments, the Chinese People's Liberation Army, Chinese People's armed police forces, and militia organizations assist in on-site response efforts such as combat, control, rescues and aid, following the uniform leadership and command of the leading institution on counter-terrorism efforts and the commander.
Higher level leading institutions for counter-terrorism efforts may conduct guidance of response efforts, and when necessary transfer relevant counter-terrorism forces for support.
Where it is necessary to enter into a state of emergency, the Standing Committee of the National People's Congress or the State Council follow the scope of authority and procedures in the Constitution and relevant legal provisions to make a decision.
Article 58: 发现恐怖事件或者疑似恐怖事件后,公安机关应当立即进行处置,并向反恐怖主义工作领导机构报告;中国人民解放军、中国人民武装警察部队发现正在实施恐怖活动的,应当立即予以控制并将案件及时移交公安机关。
Where leading institutions for counter-terrorism efforts have not designated a commander, the highest ranking personnel of the public security organs active on site serve as commander. 公安机关未能到达现场的,由在场处置的中国人民解放军或者中国人民武装警察部队职级最高的人员担任现场指挥员。 Regardless of whether they come from different units or systems, on-scene personnel shall all follow the commander's commands.
After a commander has been designated, the on-scene commanders shall ask for his instruction, and report to him on efforts or relevant circumstances.
Article 59: 中华人民共和国在境外的机构、人员、重要设施遭受或者可能遭受恐怖袭击的,国务院外交、公安、国家安全、商务、金融、国有资产监督管理、旅游、交通运输等主管部门应当及时启动应对处置预案。 国务院外交部门应当协调有关国家采取相应措施。
After People's Republic of China organizations, personnel, or important facilities based abroad suffer a serious terrorist attack, upon discussion and consent of the concerned nation, the national leading institution for counter-terrorism efforts may organize diplomatic, public security, national security and other such departments to appoint staff members to go abroad and develop response efforts.
Article 60: Response and handling of terrorist incidents shall prioritize protecting the personal safety of those directly harmed or endangered by the terrorist activities.
Article 61: 恐怖事件发生后,负责应对处置的反恐怖主义工作领导机构可以决定由有关部门和单位采取下列一项或者多项应对处置措施:
(1) Organize rescue of injured persons, dispersal, evacuation and appropriate placement of endangered persons as well as employ other relief measures;
(二)封锁现场和周边道路,查验现场人员的身份证件,在有关场所附近设置临时警戒线;
(三)在特定区域内实施空域、海(水)域管制,对特定区域内的交通运输工具进行检查;
(四)在特定区域内实施互联网、无线电、通讯管制;
(五)在特定区域内或者针对特定人员实施出境入境管制;
(6) Prohibit or limit the use of relevant equipment, or facilities; close or limit the use of relevant venues, suspend activities with a high concentration of people, or production and operation activities that might increase the harm;
(7) Make emergency repairs to public facilities such as for transportation, telecommunications, internet, radio, television, public water, sewage, public electricity, gas service, and heating;
(8) Organize volunteers to participate in counter-terrorism rescue work, requesting that personnel with expertise provide services;
(9) other necessary response and handling measures.
采取前款第三项至第五项规定的应对处置措施,由省级以上反恐怖主义工作领导机构决定或者批准;采取前款第六项规定的应对处置措施,由设区的市级以上反恐怖主义工作领导机构决定。 应对处置措施应当明确适用的时间和空间范围,并向社会公布。
Article 62:People's police, people's armed police and other response personnel that are lawfully equipped with and carry weapons, may use their weapons against persons at the scene in possession of weapons such as guns and knives, or who are using other dangerous methods, who are committing violent acts or are preparing to commit violent acts, where warnings prove ineffective. In emergency situations or where giving a warning might cause a more serious harm, weapons may be used directly.
Article 63: 恐怖事件发生、发展和应对处置信息,由恐怖事件发生地的省级反恐怖主义工作领导机构统一发布;跨省、自治区、直辖市发生的恐怖事件,由指定的省级反恐怖主义工作领导机构统一发布。
任何单位和个人不得编造、传播虚假恐怖事件信息;不得报道、传播可能引起模仿的恐怖活动的实施细节;不得发布恐怖事件中残忍、不人道的场景;在恐怖事件的应对处置过程中,除新闻媒体经负责发布信息的反恐怖主义工作领导机构批准外,不得报道、传播现场应对处置的工作人员、人质身份信息和应对处置行动情况。
Article 64: After the response to terrorist incidents has concluded, All levels of people's government shall organize relevant departments to help effected units and individuals restore their lives and production as quickly as possible, stabilizing social order and public sentiment in the effected regions.
Article 65: The local people's governments shall promptly give appropriate compensation for losses to victims of terrorist incidents and their families, and provide housing and basic living necessities to victims and their families who have lost basic life requirements. Departments for areas such as health and civil affairs shall provide psychological, medical, legal and other assistance to victims of terrorist incidents and their families.
Article 66: Public security organs shall promptly file a case and investigate terrorist incidents, clarifying the reasons it occurred, what happened and its conclusion, looking into the criminal responsibility of terrorist organizations and personnel.
Article 67: Leading institutions for counter-terrorism efforts shall conduct a comprehensive analysis and overall appraisal of the occurrences and handling of terrorist incidents. putting forth measures to improve defense and responses, and reporting to the leading institution for counter-terrorism efforts at the level above.
Chapter VII: International Cooperation
Article 68: On the basis of international treaties which it has concluded or participates in, or on the basis of the principles of equality and mutual-benefit, the People's Republic of China develops cooperation on counter-terrorism with other nations, regions, and international organizations.
Article 69: The relevant departments of the State Council, as authorized by the State Council, represent the Chinese government in counter-terrorism policy dialogues and exchanges of intelligence information, enforcement cooperation, and international financial monitoring with foreign nations and relevant international organizations.
Provided that it does not violate Chinese law, the people's governments at the county level or above in border regions and their competent departments, may initiate exchanges of counter-terrorism intelligence information, cooperative enforcement and monitoring of international funds with neighboring nations and regions upon approval by the State Council or relevant central government departments.
Article 70: Judicial assistance, extradition, and transfer of sentenced offenders in criminal cases relating to terrorist activity, is done in accordance with the provisions of laws.
Article 71: Upon reaching an agreement with relevant nations and reporting to the State Council for approval, the State Council Public Security Department and national security department may assign people to leave the country on counter-terrorism missions.
The Chinese People's Liberation Army and Chinese People's armed police forces may assign people to leave the country on counter-terrorism missions as approved by the central military commission.
Article 72: Materials acquired through international cooperation on counter-terrorism may be used as evidence in administrative punishment and criminal proceedings, except where our side has promised that they will not be so used.
Chapter VIII: Safeguard Measures
Article 73: The State Council and all levels of people's government at the county level or above shall follow the division of labor to place costs for counter-terrorism efforts within the financial budget for that level.
The State gives necessary financial support to key counter-terrorism sites, and gives financial assurances to areas that respond to large scale terrorist incidents.
Article 74: Public security organs, national security organs, and relevant departments, as well as he Chinese People's Liberation Army and Chinese People's armed police forces shall follow duties provided by law to establish specialized counter-terrorism forces, strengthen specialized training, and allot the necessary specialized counter-terrorism equipment, and facilities.
县级、乡级人民政府根据需要,指导有关单位、村民委员会、居民委员会建立反恐怖主义工作力量、志愿者队伍,协助、配合有关部门开展反恐怖主义工作。
Article 75: 对因履行反恐怖主义工作职责或者协助、配合有关部门开展反恐怖主义工作导致伤残或者死亡的人员,按照国家有关规定给予相应的待遇。
Article 76: 因报告和制止恐怖活动,在恐怖活动犯罪案件中作证,或者从事反恐怖主义工作,本人或者其近亲属的人身安全面临危险的,经本人或者其近亲属提出申请,公安机关、有关部门应当采取下列一项或者多项保护措施:
(1) Don't release their true name, address, workplace or other personal information;
(2) Prohibit specified persons from approaching the protected person;
(3) adopt special measures to protect their person and residence;
(4) Change the name of the person being protected, and arrange for a new residence and workplace;
(5) other necessary protective measures.
Public security organs, state security organs, the Chinese People's Liberation Army and the Chinese People's armed police forces may, in case of urgent need encountered while performing counter-terrorism duties, requisition the property of units and individuals in accordance with relevant provisions.
Article 77: 国家鼓励、支持反恐怖主义科学研究和技术创新,开发和推广使用先进的反恐怖主义技术、设备。
Article 78: 公安机关、国家安全机关、中国人民解放军、中国人民武装警察部队因履行反恐怖主义职责的紧急需要,根据国家有关规定,可以征用单位和个人的财产。 任务完成后应当及时归还或者恢复原状,并依照规定支付相应费用;造成损失的,应当补偿。
因开展反恐怖主义工作对有关单位和个人的合法权益造成损害的,应当依法给予赔偿、补偿。 有关单位和个人有权依法请求赔偿、补偿。
Chapter IX: Legal Responsibility
Article 79: 组织、策划、准备实施、实施恐怖活动,宣扬恐怖主义,煽动实施恐怖活动,非法持有宣扬恐怖主义的物品,强制他人在公共场所穿戴宣扬恐怖主义的服饰、标志,组织、领导、参加恐怖活动组织,为恐怖活动组织、恐怖活动人员、实施恐怖活动或者恐怖活动培训提供帮助的,依法追究刑事责任。
Article 80:The public security organs will impose 10 to 15 days detention, and may give a concurrent fine of up to 10,000 yuan for participation in any of the following activities were the circumstances are minor and do not constitute a crime:
(1) Advocating terrorism or extremism, or inciting the commission of terrorist or extremist acts;
(2) manufacturing, disseminating, or unlawfully possessing items that advocate terrorism or extremism;
(3) Compelling others to wear or bear clothes or symbols that advocate terrorism or extremism in a public place;
(四)为宣扬恐怖主义、极端主义或者实施恐怖主义、极端主义活动提供信息、资金、物资、劳务、技术、场所等支持、协助、便利的。
Article 81: 利用极端主义,实施下列行为之一,情节轻微,尚不构成犯罪的,由公安机关处五日以上十五日以下拘留,可以并处一万元以下罚款:
(一)强迫他人参加宗教活动,或者强迫他人向宗教活动场所、宗教教职人员提供财物或者劳务的;
(二)以恐吓、骚扰等方式驱赶其他民族或者有其他信仰的人员离开居住地的;
(3) Using methods such as intimidation or harassment to interfering with others from having contact with or living with persons of other ethnicities or persons who believe in other religions;
(4) Using methods such as intimidation or harassment to interfere in the habits and ways of life of other persons, or in production or management;
(五)阻碍国家机关工作人员依法执行职务的;
(六)歪曲、诋毁国家政策、法律、行政法规,煽动、教唆抵制人民政府依法管理的;
(七)煽动、胁迫群众损毁或者故意损毁居民身份证、户口簿等国家法定证件以及人民币的;
(8) Inciting or coercing others to hold religious ceremonies in place of marriage registration and divorce;
(九)煽动、胁迫未成年人不接受义务教育的;
(十)其他利用极端主义破坏国家法律制度实施的。
Article 82: 明知他人有恐怖活动犯罪、极端主义犯罪行为,窝藏、包庇,情节轻微,尚不构成犯罪的,或者在司法机关向其调查有关情况、收集有关证据时,拒绝提供的,由公安机关处十日以上十五日以下拘留,可以并处一万元以下罚款。
Article 83:Where financial institutions and specified non-financial institutions do not immediately freeze capital or other assets of organizations or individuals that the national leading institution for counter-terrorism efforts has announced are terrorist organizations or terrorist activity personnel, a fine of between 200,000 to 500,000 yuan is given by the public security organs, and a fine of up to 100,000 yuan is given to directly responsible trustees, high level managers and other directly responsible personnel; where circumstances are serious, the fine is up to 500,000 yuan [for the institution], and between 100,000 and 500,000 yuan for the directly responsible trustees, high level managers and , and other directly responsible personnel, and 5-15 days of detention may be concurrently given.
Article 84: 电信业务经营者、互联网服务提供者有下列情形之一的,由主管部门处二十万元以上五十万元以下罚款,并对其直接负责的主管人员和其他直接责任人员处十万元以下罚款;情节严重的,处五十万元以上罚款,并对其直接负责的主管人员和其他直接责任人员,处十万元以上五十万元以下罚款,可以由公安机关对其直接负责的主管人员和其他直接责任人员,处五日以上十五日以下拘留:
(一)未依照规定为公安机关、国家安全机关依法进行防范、调查恐怖活动提供技术接口和解密等技术支持和协助的;
(2) not following a competent department's request to stop transmission, delete information that has terrorist or extremist content, store relevant records, or to close down relevant websites, or shut down related services;
(三)未落实网络安全、信息内容监督制度和安全技术防范措施,造成含有恐怖主义、极端主义内容的信息传播,情节严重的。
Article 85: 铁路、公路、水上、航空的货运和邮政、快递等物流运营单位有下列情形之一的,由主管部门处十万元以上五十万元以下罚款,并对其直接负责的主管人员和其他直接责任人员处十万元以下罚款:
(一)未实行安全查验制度,对客户身份进行查验,或者未依照规定对运输、寄递物品进行安全检查或者开封验视的;
(二)对禁止运输、寄递,存在重大安全隐患,或者客户拒绝安全查验的物品予以运输、寄递的;
(三)未实行运输、寄递客户身份、物品信息登记制度的。
Article 86: 电信、互联网、金融业务经营者、服务提供者未按规定对客户身份进行查验,或者对身份不明、拒绝身份查验的客户提供服务的,主管部门应当责令改正;拒不改正的,处二十万元以上五十万元以下罚款,并对其直接负责的主管人员和其他直接责任人员处十万元以下罚款;情节严重的,处五十万元以上罚款,并对其直接负责的主管人员和其他直接责任人员,处十万元以上五十万元以下罚款。
住宿、长途客运、机动车租赁等业务经营者、服务提供者有前款规定情形的,由主管部门处十万元以上五十万元以下罚款,并对其直接负责的主管人员和其他直接责任人员处十万元以下罚款。
Article 87: 违反本法规定,有下列情形之一的,由主管部门给予警告,并责令改正;拒不改正的,处十万元以下罚款,并对其直接负责的主管人员和其他直接责任人员处一万元以下罚款:
(一)未依照规定对枪支等武器、弹药、管制器具、危险化学品、民用爆炸物品、核与放射物品作出电子追踪标识,对民用爆炸物品添加安检示踪标识物的;
(二)未依照规定对运营中的危险化学品、民用爆炸物品、核与放射物品的运输工具通过定位系统实行监控的;
(三)未依照规定对传染病病原体等物质实行严格的监督管理,情节严重的;
(四)违反国务院有关主管部门或者省级人民政府对管制器具、危险化学品、民用爆炸物品决定的管制或者限制交易措施的。
Article 88: In any of the following circumstances where units managing or operating key targets for protection against terrorist attacks, violate provisions of this law, the public security organs will give a warning and order corrections; where corrections are refused a fine of up to 100,000 yuan is given, and the directly responsible responsible managers and other directly responsible personnel are fined up to 10,000 yuan.
(1) Plans and measures for preventing and responding to terrorist activities have not been formulated;
(2) systems for ensuring funding for the special counter-terrorism have not been established; or prevention and handling equipment and facilities have not been allotted.
(3) working institutions or responsible personnel have not been put in place.
(4) background investigations of personnel in key posts have not been conducted or personnel with inappropriate circumstances, have not had their position adjusted.
(5) Security personnel, and related equipment and facilities, were not alloted for public transport in accordance with provisions.
(6) where systems ensuring the normal operations of the public security video information systems such as for monitoring, storing and using information, operations and maintenance were not established.
Where units organizing large-scale activities and management units for key targets have not followed provisions to conduct safety inspections of persons, items, and transports entering key targets such as large-scale venues, airports, railway stations, docks, municipal light rail stations, and long-distance passenger stations, or ports, the public security organs shall order corrections, and where corrections are refused give fines of up to 100,000 and fine directly responsible managers and other directly responsible personnel up to 10,000 yuan.
Article 89: Where suspected terrorist personnel violate public security organs' orders that they obey restrictive measures, the public security organs give warnings and order rectification; where rectification is refused, the punishment is between five and fifteen days detention.
Article 90: Where news media and other units create or disseminate false information on terrorist incidents, report or transmit details on the implementation of terrorist activities that might lead to their immitation, release gruesome or inhumane scenes from terrorist incidents, or, without permission, report or transmit the identity information of on-scene response personnel or hostages and response activity, the public security organs give a fine of up to 200,000 yuan, detain directly responsible managers and other directly responsible personnel between 5-15 days, and may give concurrent fines of up to 50,000 yuan.
Where individuals exhibit the conduct in the preceding paragraph, the public security organs will impose 10 to 15 days detention, and may give a concurrent fine of up to 10,000 yuan.
Article 91: Refusal to cooperate with relevant departments counter-terrorism safety precautions, intelligence information, investigation, or response and handling efforts, is given a a fine of up to 2,000 yuan by the relevant departments; where serious consequences are caused, 5-15 days of detention is given, and a a fine of up to 10,000 yuan may be given concurrently.
Where units have the conduct provided for in the preceding paragraph, a fine of up to 50,000 yuan is given by the relevant departments, and where serious consequences are caused, the fine is up to 100,000; the principle responsible managers and other directly responsible personnel are fined in accordance with the preceding paragraph.
Article 92: Where relevant departments are obstructed in initiating counter-terrorism efforts, between 5 to 15 days of detention is given by the public security organs, and a fine of up to 50,000 yuan may be given concurrently.
Where units have the conduct provided for in the preceding paragraph, a fine of up to 200,000 yuan is given by the public security organs, and the principle responsible managers and other directly responsible personnel are fined in accordance with the preceding paragraph.
Obstructing the people's police, people's liberation army or people's armed police in the lawful performance of their duties, is given harsh punishment.
Article 93: Where units violate the provisions of this law and the circumstances are serious, they are ordered to stop engaging in the relevant business or provision of services, or to stop production and operations by the competent departments; and where serious consequences are caused, licenses are revoked or registration withdrawn.
Article 94: Where personnel of leading institutions for counter-terrorism efforts abuse their power, neglect their duties or misuse their power for individual benefit, have conduct such as disclosing state secrets, commercial secrets or individuals' private information in violation of the regulations; if a crime is constituted, pursue criminal responsibility in accordance with law, and if no crime was constituted give a sanction.
Where leading institution for counter-terrorism efforts or relevant departments, as well as their staffs, abuse their power, neglect their duties or misuse their power for individual benefit or have other conduct violating laws or discipline, all units and individuals have the right to report it or make an accusation to the competent department. After relevant departments receive a report or accusation, they shall promptly handle it and respond to the informant or accuser.
Article 95: Where it is discovered that items, capital and so forth sealed, seized, frozen, held or taken in accordance with the provisions of this law have no relation to terrorism, the relevant measures shall be promptly released and they shall be returned.
Article 96: Where relevant units or individuals are unsatisfied with a decision under this law to give administrative punishment or impose administrative compulsory measures, they may apply for an administrative reconsideration or raise an administrative lawsuit in accordance with law.
Chapter X: Supplementary Provisions
Article 97:This Law takes effect from January 1, 2016. The Decision of the Standing Committee of the National People's Congress on Relevant Questions Concerning the Strengthening of Counter-Terrorist Work, passed by the 23rd Session of the Standing Committee of the 11th National People's Congress on October 29, 2011, is abolished at the same time.