China will arm counter-intelligence personnel with more enforcement tools to better protect the country from spies in the face of a multi-faceted national security threat.
National security officials will be granted additional administrative powers including access to data and property information, as well as the ability to issue compulsory summons and exit and entry bans, according to amendments to the Counter-Espionage Law approved Wednesday by the country’s legislature.
Cyberattacks against state agencies, classified units and critical information infrastructure will also be considered espionage from July 1, when the revisions will take effect.
The amendments, which are the first update to the 2014 law, will help to provide legal guarantee in the country’s battle against espionage activities that involves “more complex subjects, more extensive fields, more diversified targets and more covert methods,” according to a statement published by the National People’s Congress.
“The current situation of countering espionage is grave, as conventional and non-traditional security threats are intertwined,” the statement said.
The revision also broadened the definition of spying to protect all “documents, data, materials, and items related to national security and national interests,” in addition to “state secrets and intelligence.” The revised law will also be applied to those who endanger China’s national security while engaging in espionage activities against third-party states.
The amendments laid out the punishments for breaking the law, such as fines, detention and other administrative penalties for minor violations. They also added new types of punishment including suspension or revocation of certain kinds of licenses.
The amendments also added a chapter on preventative measures to the law, which clarified the responsibility of state agencies and social organizations and requires local governments to carry out anti-espionage education programs.
China took “criminal compulsory measures” — which could involve arrest, detention, residential surveillance or bail pending trial — against a Japanese citizen in March for allegedly violating China’s Counter-Espionage Law and Criminal Law.
Contact reporter Kelly Wang (jingzhewang@caixin.com) and editor Michael Bellart (michaelbellart@caixin.com)
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