Anti-Terrorism Law of the People’s Republic of China

Effective Date: 04-27-2018

Source: Cyberspace Affairs Commission of China

Chinese Title: 互联网金融从业机构反洗钱和反恐怖融资管理办法 (试行)

(Adopted at the 18th Session of the Standing Committee of the 12th National People’s Congress on December 27, 2015, and amended in accordance with the Decision on Revising the Border Health and Quarantine Law of the People’s Republic of China and Five Other Laws adopted at the Second Session of the Standing Committee of the 13th National People’s Congress on April 27, 2018)

Chapter 1 General Principles

Article 1 This law is formulated according to the Constitution Law of the People’s Republic of China in order to prevent and punish terrorist activities, strengthen anti-terrorism work, and safeguard national security, public safety and people’s lives and property.

Article 2 China opposes all forms of terrorism and bans terrorist organizations according to law; China will investigate and hold offenders liable for organizing, planning, preparing and implementing terrorist activities, promoting the terrorism, inciting the implementation of terrorist activities, organizing, leading, and participating in terrorist organizations, and providing assistance for terrorist activities. China does not compromise to any terrorist organizations and personnel, nor provide asylum for or give refugee status to any personnel of terrorist activities.

Article 3 For the purpose of this Law, “Terrorism” refers to the contention or behavior of creating social panic, endangering public safety, violating personal property, or threatening state organs or international organizations through violence, destruction, intimidation and other means, in order to realize the political, ideological or other purposes thereof.

“Terrorist activities” refers to the following behaviors of terrorism nature:

(1) Organizing, planning, preparing, and implementing activities that cause serious social harm such as casualties, significant property losses, damage to public facilities and social disorder, or intending to cause such harm;

(2) Promoting the terrorism, inciting the implementation of terrorist activities, illegally possessing stuffs that promote the terrorism, and forcing others to wear clothes, accessories or marks in public that promote the terrorism;

(3) Organizing, leading and participating in terrorist organizations;

(4) Providing support, assistance or convenience such as information, capital, goods, services, technology and venues for terrorist organizations, personnel of terrorist activities, the implementation of terrorist activities or trainings for terrorist activities; and

(5) Other terrorist activities.

“Terrorist organisations” refers to criminal organisations composed of more than 3 persons with a purpose to implement terrorist activities.

“Personnel of terrorist activities” refers to persons who implement terrorist activities and members of terrorist organisations.

“Terrorist events” refers to terrorist activities that are being carried out or have been carried out, which cause or may cause significant social harm.

Article 4 China has incorporated anti-terrorism into national security strategies; it comprehensively implements policies, treats both the symptoms and roots of the problem, enhances capacity building for anti-terrorism, and uses political, economic, legal, cultural, educational, diplomatic, military and other means to carry out anti-terrorism work. China opposes all forms of extremism which incites hatred, encourages discrimination, or advocates violence through distorting religious doctrines or other methods, in order to eliminate ideological basis of the terrorism.

Article 5 We shall, in the anti-terrorism work, adhere to the principles of the combination of “dedicated work” and “relying on the people”, the combination of punishment and prevention in which prevention is the focus, taking steps ahead of the enemy, and keeping proactive.

Article 6 The anti-terrorism work shall be carried out according to the law. In the anti-terrorism work, we shall respect and protect human rights, and safeguard the legitimate rights and interests of citizens and organizations. In the anti-terrorism work, we shall respect the citizens’ freedom of religious believes and ethnic customs, and prohibit any discriminatory practices based on geographical, ethnic, religious and other grounds.

Article 7 China establishes leadership authorities to lead the anti-terrorism work which gives unified leadership and commands for the national anti-terrorism work. Local governments above the level of “municipalities with districts” shall establish leadership authorities for anti-terrorism work; governments at county level may establish leadership authorities for anti-terrorism work according to their needs, which are in charge of the local anti-terrorism work under the leadership and commands of the superior leadership authorities for anti-terrorism work.

Article 8 Public security organs, state security organs, People’s Procuratorates, People’s Courts, judicial and administrative authorities and other relevant national authorities shall share the work, implement a responsibility system, and carry out anti-terrorism work properly according to the law.People’s Liberation Army, People’s Armed Police Force and the Militias shall prevent and deal with the terrorist activities in accordance with this Law, other relevant laws, administrative regulations, military regulations, orders of the State Council and the Central Military Commission, and under the deployment of leadership authorities for the anti-terrorism work.

Relevant authorities shall establish a linkage mechanism, and rely on and encourage the villagers’ committees, residents’ committees, enterprises, public institutions and social organisations to jointly carry out anti-terrorism work.

Article 9 Any entities and individuals have the duties to assist the relevant authorities in carrying out anti-terrorism work, and to timely report to the police or the relevant authorities in finding suspected terrorist activities or suspects of terrorist activities.

Article 10 Honor and reward shall be given according to relevant state regulations to entities and individuals who have outstanding contributions to the whistle-blowing of terrorist activities, the assistance in preventing or stopping terrorist activities, or have other prominent contributions in the anti-terrorism work.

Article 11 China has criminal jurisdiction over and will investigate for criminal liability for offenses of terrorist activities conducted against China, Chinese citizens or Chinese organizations outside the territory of China, or terrorist activities against international treaties that China has entered into.

Chapter 2 Identification of Terrorist Organizations and Personnel

Article 12 The leadership authorities for anti-terrorism work shall identify terrorist organizations and personnel according to Article 3 hereof, and announce such organizations and personnel through the office of the national leadership authorities for anti-terrorism work.

Article 13 The State Council’s public security department, national security department, diplomatic service and provincial leadership authorities for anti-terrorism work shall file an application with the national leadership authorities for anti-terrorism work if they need to identify terrorist organisations and personnel.

Article 14 Financial institutions and certain non-financial institutions shall immediately freeze the capital or other assets of terrorist organizations and personnel that have been announced by the national leadership authorities for anti-terrorism work, and shall report to the State Council’s public security department, national security department and anti-money laundering authorities in a timely manner in accordance with the relevant provisions.

Article 15 Where the identified terrorist organizations and personnel refuse to accept the identification, they may apply for a review through the office of the national leadership authorities for anti-terrorism work. The national leadership authorities for anti-terrorism work shall duly so review, and make a decision of maintaining or cancelling the identification. The review decision is final.If the national leadership authorities for anti-terrorism work make a decision of cancelling the identification, the office of the national leadership authorities for anti-terrorism work shall make an announcement; if capitals or assets have been frozen, the freezing shall be discharged.

Article 16 The people’s courts at intermediate or above level that have jurisdiction may, according to provisions of Criminal Procedure Law, identify terrorist organizations and personnel in accordance with law during the trial of criminal cases. If announcement shall be made after the entry into force of the judgment by the office of the national leadership authorities for anti-terrorism work, the relevant provisions hereof shall apply.

Chapter 3 Security and Prevention

Article 17 Governments at all levels and relevant departments shall organise anti-terrorism publicity and education, and raise the citizens’ anti-terrorism awareness.Education and human resources administrative departments, schools, and vocational training institutions shall incorporate the knowledge of prevention of terrorist activities and the emergency responses into education, teaching and training.

News, radio, television, culture, religion, internet and other relevant entities shall carry out targeted publicity and education on anti-terrorism to the public.

Villagers’ committees and residents’ committees shall assist the People’s governments and relevant departments to strengthen anti-terrorism publicity and education.

Article 18 Telecommunications operators and internet service providers shall provide technical support and assistance such as technical interfaces and decryption for the prevention and investigation of terrorist activities by the public security organs and national security organs according to law.

Article 19 Telecommunications operators and internet service providers shall implement the supervision systems for network security and information content, and the technical safety precautions in accordance with laws and administrative regulations, to prevent the dissemination of information involving the terrorism and extremism; if such information is found, the data transmission shall be immediately stopped, relevant records shall be saved, relevant information shall be deleted, and a report shall be made to the public security organs or related departments. Cyberspace, telecommunications, public security, national security and other authorities in charge shall timely order the relevant entities to stop transmission of information involving the terrorism and extremism, delete the relevant information, shut down the relevant sites, and cease the related services according to the division of their duties. Relevant entities shall implement the order immediately, save the relevant records and assist in the investigation. For cross-border transmission of information involving the terrorism and extremism on the Internet, the telecommunications administrations shall take technical measures to interrupt transmission.

Article 20 Logistics operators for shipping, postal services and express delivery via railways, highways, water and aviation shall implement safety inspection system, check the customers’ identity, carry out safety check on the transported or delivered goods or open the seal to inspect the items in accordance with relevant provisions. It is not allowed to carry out transportation or delivery of items prohibited from transportation or delivery, having significant security risks, or on which the customers refuse to go through safety inspection.Logistics operators prescribed in the preceding paragraph shall implement the registration system for the transportation and delivery customers’ identities and the information about the items.

Article 21 Telecommunications, internet, finance, accommodation, long-distance passenger transport, motor vehicle leasing business operators and service providers shall check the identities of customers. No services shall be provided to unidentified customers or those who reject identity check.

Article 22 Manufacturers and importing entities shall make electronic tracking identification on guns and other weapons, ammunition, controlled appliance, dangerous chemicals, civil explosives, nuclear and radioactive materials in accordance with relevant provisions, and shall add security tracer markers to civilian explosives.Transport operators shall monitor the vehicles for the transported hazardous chemicals, civil explosive, nuclear and radioactive materials through the positioning system in accordance with relevant provisions.

Relevant entities shall conduct strict supervision and management on substances such as infectious pathogens in accordance with the regulations, and take strict precautions against the spreading or entry into illegal channels of infectious pathogens and other substances.

For controlled appliance, dangerous chemicals and civil explosives, the competent departments of the State Council or provincial governments may, according to the needs, decide to implement controls on their production, import, export, transport, sale, use, and retirement within a specific area and a specific time, may prohibit the use of cash in transactions or in-kind transactions, or make other restrictions on trading activities.

Article 23 Where firearms and other weapons, ammunition, dangerous chemicals, civil explosives, nuclear and radioactive materials, infectious pathogens and other substances are stolen, robbed, lost, or disappear under other circumstances, the involved entities shall immediately take necessary control measures, immediately report to the public security organs, and shall report to the related authorities in charge according to the relevant authorities. After the public security organs receive the report, investigations shall be promptly conducted. Relevant authorities in charge shall cooperate with public security organs to carry out the work. No entities or individuals may conduct illegal manufacture, production, storage, transportation, import and export, sale, offer, purchase, use, possession, retirement or destruction of the items provided in the previous paragraph. If the public security organs have discovered such conduct, relevant items shall be seized; if other departments in charge have discovered such conduct, relevant items shall be seized, and the departments in charge shall immediately inform the public security organs; if other entities or individuals have discovered such conduct, they shall immediately inform the public security organs.

Article 24 The State Council’s anti-money laundering administrative department, and relevant departments and organizations shall carry out the supervision and management on financial institutions and certain non-financial institutions of their performance of anti-terrorism financial obligations.The State Council’s anti-money laundering administrative department may lawfully conduct investigations, and take temporary freezing measures if they have discovered suspected terrorism financing.

Article 25 Auditing, finance, taxation and other departments, in the process to implement supervision and inspection on the relevant entities in accordance with the provisions of laws and administrative regulations, shall promptly inform the public security organs if they have found the inflow and outflow of funds suspected of terrorism financing.

Article 26 Customs shall immediately inform the State Council’s anti-money laundering administrative department and public security organs that have the jurisdiction, if they have found suspected terrorism financing, during the supervision and management on entry and exit of persons who carry cash and bearer securities.

Article 27 Local people’s governments at all levels shall meet the needs of anti-terrorism work in the development and organisation of implementation of urban and rural planning.Local people’s governments at all levels shall, according to the needs, organise and urge the relevant construction entities to equip and install video information systems for public safety and other prevention equipment and facilities by technology and materials against terrorist attacks in key parts of the main roads, transportation hubs, and city public areas.

Article 28 Public security organs and relevant departments shall timely stop and lawfully investigate any legal liability for activities of preaching extremism, using extremism to endanger public safety, disturbing public order, violating personal property, and obstructing social management.Public security organs shall order to immediately stop the extremist activities that are found, forcibly remove relevant persons from the site, register identity information thereof, capture related goods and materials, and seal up the venues for illegal activities.

Any entities or individuals shall immediately report to the public security organs if they have found items, materials or information for promoting extremism.

Article 29 For persons who have been abetted, coerced, and enticed to participate in terrorist activities and extremist activities, or persons whose participation in terrorist activities and extremist activities has minor circumstances and does not constitute an offence, the public security organs shall organise relevant departments, villagers’ committees, residents’ committees, their employers, attending schools, families and guardians to help in educating them.Prisons, detention centers and community correction institutions shall strengthen the management, education and correction on the criminals of terrorist activities and extremism offenders serving a sentence. Prisons and detention centres may imprison or detain criminals of terrorist activities and extremism offenders mixed with ordinary offenders, or imprison or detain them separately, depending on the needs of the education, reform and maintaining supervisory order.

Article 30 For offenders of terrorist activities and extremism who have been sentenced to imprisonment or more severe punishment, the prisons and detention centers shall carry out a social risk assessment before the expiry of the sentence and release of the offenders, according to the nature of the offense, circumstances, level of social harm, performance during the serving of sentence, and impact on the original residential community after release. The basic organizations and the original investigating authorities shall be consulted for the social risk assessment. If danger is found under the assessment, prisons and detention centres shall raise a placement and education proposal to the Intermediate People’s Court where the offenders have served the sentence, and shall pass the copy of such proposal to the People’s Procuratorate at the same level. The Intermediate People’s Court where the offenders have served the sentence shall make a decision before the release ordering the offenders to accept the placement and education after the release, and shall pass the copy of such decision to the People’s Procuratorate at the same level. If the persons receiving the order refuse to accept the decision, they may apply for a review to the People’s Court at next superior level.

Placement and education shall be organized and implemented by the provincial governments. The placement and educational institutions shall conduct an assessment on the persons under such placement and education each year, and shall timely propose to lift the decision of placement and education for persons who have true repentance and will not further harm the society; such proposal shall be reported to the Intermediate People’s Court making the decision for approval. The persons under replacement and education are entitled to applying for the discharge of such placement and education.

The People’s Procuratorate shall supervise the decision of placement and education and the implementation thereof.

Article 31 The public security organs shall, together with relevant departments, determine that the entities, venues, events and facilities which may be the most possible targets of terrorist attacks and for which terrorist attacks may cause serious personal injury, property damage or social impact as the key targets in prevention of terrorist attacks, and file them for record with the same-level leadership authorities for anti-terrorism work.

Article 32 The managing entities for the key targets shall have the following duties:

(1) Develop plans and measures for preventing and responding to terrorist activities, and carry out regular training and drills;

(2) Establishing a special fund system for anti-terrorism work, and install and update prevention and disposal equipment and facilities;

(3) Specify relevant institutions or designate responsible personnel, and clarify responsibilities of relevant positions;

(4) Implement risk assessment, conduct real-time monitoring of security threats, and improve internal security management; and

(5) Regularly report to the public security organs and relevant departments of the implementation of preventive measures.The managing entities for the key targets shall synchronously design, construct and operate the equipment and facilities for prevention through technology and materials under Article 27 hereof for the key targets according to urban and rural plans, relevant standards and practical needs.

The managing entities for the key targets shall establish systems of on-duty monitoring of the video image information system for public security, information storage and use, and operation and maintenance, to ensure the normal operation of related systems. The period of keeping the captured video image information shall be no less than ninety days.

For public safety-related entities, places, events and facilities other than the key targets, the authorities in charge and managing entities shall establish a sound safety management system and implement security responsibilities in accordance with laws and administrative regulations.

Article 33 The managing entities for the key targets shall conduct safety and background check on the key personnel. Adjustment of positions shall be made for personnel unsuitable to certain circumstances, which shall be reported to the public security organs.

Article 34 The big-event organizers and the managing entities for the key targets shall, according to relevant provisions, carry out safety check on persons, items and vehicles entering the key targets such as the venues of the big events, airports, railway stations, docks, urban rail stations, long-distance coach terminals and ports. If prohibited and controlled items are found, they shall be seized and a report shall be immediately made to the public security organs; if persons are found suspected of crimes, a report shall be immediately made to the public security organs.

Article 35 Operators of aircrafts, trains, ships, urban rail vehicles, buses and other public transport vehicles shall be equipped with security personnel and appropriate equipment and facilities in accordance with the regulations to strengthen safety checks and security work.

Article 36 Public security organs and relevant departments shall grasp the basic information and important developments of the key targets, guide and supervise the managing entities for the key targets to fulfill their responsibilities of preventing terrorist attacks.Public security organs and People’s Armed Police Force shall, in accordance with the relevant provisions, carry out the guarding, patrolling and inspection for the key targets.

Article 37 The administration of flight control, civil aviation, public security and so on shall, according to the division of functions and duties, strengthen airspace, aircraft and flight activity management, and strictly prevent terrorist activities against the aircrafts or those conducted by using flight activities.

Article 38 Governments at all levels and military organs shall set up facilities such as isolation fence, video image collection and alarm on illegally crossing the boundary in key border (boundary) area or ports.Public security organs and the People’s Liberation Army shall strictly organise border (boundary) patrol, check and inspect the personnel, transportation vehicles as well as items arriving at or departing from the border (boundary) frontier, and exiting or entering the border (boundary) regions or the border (boundary) channels, and check and inspect the ships at the coastal border areas.

Article 39 Travel documents issuance authorities and frontier inspection authorities have the power to reject entry or exit, decide not to issue travel documents, or announce such documents to be cancelled, for the personnel of terrorist activities and suspects of terrorist activities.

Article 40 Customs and border inspection authorities shall lawfully detain terrorist activities suspects or items suspected of terrorist activities, and transfer them to public security organs or national security organs.

Article 41 State Council’s departments in charge of foreign affairs, public security, national security, development and reform, industry and information technology, business and tourism shall establish security risk assessment system for overseas investment and cooperation or for tourism, and strengthen protection on Chinese citizens abroad as well as China’s institutions, facilities and properties stationed abroad, in order to prevent and respond to terrorist attacks.

Article 42 Chinese agencies stationed abroad shall establish a sound security system and plans of responding measures to strengthen the protection on relevant personnel, facilities and properties.

Chapter 4 Intelligence Information

Article 43 The national leadership authorities for anti-terrorism work shall establish a national anti-terrorism intelligence centre, implement a work mechanism for trans-departments and trans-regional intelligence information, and carry out overall plans for the work on anti-terrorism intelligence information.Relevant departments shall strengthen the work in gathering anti-terrorism intelligence information, and shall timely report the collected intelligence information such as clues, personnel or activities to the national anti-terrorism intelligence center in the centralized manner according to the relevant provisions.

Local leadership authorities for anti-terrorism work shall establish a work mechanism of cross-department intelligence information, organise the work for anti-terrorism intelligence information, timely report important intelligence information to the superior leadership authorities for anti-terrorism work, and promptly inform the related local authorities of any urgent intelligence information involving other localities.

Article 44 The public security organs, national security organs and related departments shall rely on the People, strengthen basic work at basic level, establish work forces for intelligence information at basic level, and increase the working capabilities for anti-terrorism intelligence information.

Article 45 The public security organs, national security organs and military organs may carry out technical reconnaissance measures within the scope of their duties, based on the needs of the anti-terrorism intelligence information work, and upon strict approval formalities, according to the relevant national provisions. Materials acquired in accordance with the provisions prescribed in the preceding paragraph may only be used for anti-terrorism responding measures, or the investigation, prosecution and trial of offenses on terrorist and extremist activities, and shall not be used for any other purposes.

Article 46 Relevant departments shall timely provide information gathered in the precaution work provided in the Chapter 3 hereof according to the requirements of the national anti-terrorism intelligence center.

Article 47 Relevant departments such as the national anti-terrorism intelligence centre, local leadership authorities for anti-terrorism work and the public security organs shall conduct screening, analysing, verification and monitoring on the intelligence information; if it is suspected that terrorist events may occur, and relevant precautions and responding measures shall be adopted, relevant departments and entities shall be timely informed, and a warning may be given according to the circumstances. Relevant departments and entities shall conduct proper preventions and responding measures based on the information.

Article 48 The leadership authorities for anti-terrorism work, relevant departments, entities and individuals shall keep confidential for the state secrets, commercial secrets and individual privacy learned during the performance of their anti-terrorism work responsibilities and obligations.Legal liability will be lawfully investigated if state secrets, commercial secrets and individual privacy are disclosed in violation of the provisions.

Chapter 5 Investigation

Article 49 The public security organs shall quickly start investigation after receiving reports of or have discovered suspected terrorist activities, which need investigation and verification.

Article 50 The public security organs may conduct cross-examination, inspection or summon on terrorist activities suspects according to relevant laws, may extract or collect portraits, fingerprints, iris images, and other biometric information, or blood, urine, and exfoliated cells and other biological samples, and signature of the suspects shall be kept, in the investigation of suspected terrorist activities. The public security organs may notify relevant persons who have the related information to accept inquiries at the public security organs or other locations in the investigation of suspected terrorist activities.

Article 51 The public security organs have the power to collect and gather related information and materials from relevant entities and individuals in the investigation of suspected terrorist activities. Such entities and individuals shall provide such information truthfully.

Article 52 The public security organs may, upon the approval of the public security organs above the county level, query the deposits, remittances, bonds, stocks, fund shares and other assets of the suspects, or take measures of seizing, detention or freezing in the investigation of suspected terrorist activities. The period of seizing, detention or freezing shall not exceed 2 months; if the circumstances are complicated, the period may be extended by 1 month, upon the approval of the persons in charge of the superior public security organs.

Article 53 In the investigation of suspected terrorist activities, the public security organs may, upon the approval of the persons in charge of the public security organs above the county level, order terrorist activities suspects to observe one or more of the following restraint measures, depending on the degree of danger thereof:

(1) Not leaving the city or county of residence, or specified domicile without the approval of the public security organs;

(2) Not attending large-scale mass events or engaging in specific activities;

(3) Not using public transportation or entering into specific premises without the approval of the public security organs;

(4) Not meeting or communicate with certain persons;

(5) Regularly reporting to the public security organs of their activities; and

(6) Submitting the travel documents including passports, the identity documents, and the driving license to be kept by the public security organs.The public security organs may supervise the observance of the restraint measures by way of electronic monitoring or random checks.

The period for the restraint measures mentioned in the previous two paragraphs shall not exceed 3 months. Restraint measures that are unnecessary to be continued shall be timely discharged.

Article 54 After investigation, if the public security organs have found facts of offense or suspects, a case shall be filed and investigation shall be started according to the Criminal Procedure Law. If related period provided in this Chapter has expired, but the public security organs have not filed a case for investigation, relevant measures shall be discharged.

Chapter 6 Responding Measures

Article 55 China establishes a sound system for the plans of terrorist events responding measures.The national leadership authorities for anti-terrorism work shall develop level-based national plans of responding measures according to the regular patterns, characteristics and potential social damages of terrorist events, which shall specify the organisation and command system for terrorist events responding measures, the prevention of terrorist events, the procedures for responding measures, and the post-event social order restoration.

Relevant departments and local leadership authorities for anti-terrorism work shall develop appropriate plans of responding measures.

Article 56 To respond to terrorist events, the leadership authorities for anti-terrorism work at all levels shall set up the headquarters attended by the relevant authorities, which implements a system of “overall responsibility by the commander”. The persons in charge of the leadership authorities for anti-terrorism work, the persons in charge of public security organs or the persons in charge of other member entities of the leadership authorities for anti-terrorism work may be appointed as the commander. The national leadership authorities for anti-terrorism work are responsible for the command for responding measures for cross-provinces, cross-autonomous regions or cross municipalities terrorist events, or particularly significant terrorist events; the provincial leadership authorities shall be responsible for the command for responding measures for terrorist events that occur within the scope of provinces, autonomous regions and municipalities and involve various administrative regions, or significant terrorist events.

Article 57 After the terrorist events have occurred, the leadership authorities for anti-terrorism work at the place of occurrence shall immediately launch the terrorist event plans of responding measures, and determine the commander. Relevant departments, the People’s Liberation Army, the People’s Armed Police Force and the Militia shall jointly carry out on-spot responding work such as combat, control, rescue and first aid, under the unified lead and command of the leadership authorities for anti-terrorism work and the commander.The superior leadership authorities for anti-terrorism work may give guidance to the work of responding measures, and arrange relevant anti-terrorism forces to provide support if necessary.

The entering into state of emergency may be decided according to needs, by the Standing Committee of the National People’s Congress or the State Council, according to the Constitution and the authority and procedures provided by other relevant laws and regulations.

Article 58 The public security organs shall immediately deal with terrorist events or suspected terrorist events upon discovery thereof, and shall make a report to the leadership authorities for anti-terrorism work; the People’s Liberation Army and the People’s Armed Police Force shall immediately control the terrorist activities that are being implemented, and timely transfer such cases to public security organs.If no commander has been appointed for the leadership authorities for anti-terrorism work, the person who has the highest rank in the public security organs at the scene shall undertake the work as on-spot temporary commander. If public security organs have not arrived at the scene, the person who has the highest rank in the People’s Liberation Army or the People’s Armed Police Force shall undertake the work as on-spot temporary commander. Personnel at the scene conducting responding measures shall follow the instructions of the on-spot temporary commander, whether or not they work in the same work unit or the same system.

After the commander has been appointed, the on-spot temporary commander shall consult the commander, report the relevant work or relevant situation.

Article 59 Where Chinese institutions, personnel or key facilities located outside China have suffered or may suffer terrorist attacks, the State Council’s departments in charge of foreign affairs, public security, national security, business, finance, state-owned assets supervision and management, tourism and transport shall promptly launch plans of responding measures. The foreign Affairs department of the State Council shall coordinate with the relevant countries to take appropriate measures. If Chinese institutions, personnel or key facilities located outside China have suffered severe terrorist attacks, upon the consent of relevant countries after relevant consultation, the national leadership authorities for anti-terrorism work may organize departments of foreign affairs, public security and national security to dispatch personnel to carry out work of responding measures overseas.

Article 60 The personal security of the personnel directly under the harm and threat of the terrorist activities shall be the priority in the protection by terrorist event responding measures.

Article 61 After a terrorist event has occurred, the leadership authorities for anti-terrorism work in charge of responding measures may decide that relevant departments and entities take one or more of the following responding measures:

(1) Organise the rescue and treatment of injured personnel, evacuate, withdraw and proper place staff under threat, and take other relief measures;

(2) Seal off the scene and the surrounding roads, check identity documents of on-spot persons, and set up temporary cordon near the premises concerned;

(3) Control the airspace, or the sea (water) area in a specific region, and inspect the transport vehicles in a specific region;

(4) Implement the internet, radio and communications control in specific areas;

(5) Conduct immigration control in specific areas or for specific persons;

(6) Prohibit or restrict the use of relevant equipment and facilities, close or restrict the use of relevant premises, and suspend activities intensive of persons or production and business activities that may cause expansion of harm;

(7) Conduct urgent repairs for damaged public facilities such as transport, telecommunications, internet, radio, television, water supply, drainage, electricity, gas and heating;

(8) Organise volunteers to participate in anti-terrorism rescue work, and require persons with specific expertise to provide services; and

(9) Other necessary responding measures.The responding measures provided in items 3 to 5 of the preceding paragraph shall be decided or approved by the leadership authorities for anti-terrorism work above the provincial level; the responding measures provided by item 6 of the previous Clause shall be decided by the leadership authorities for anti-terrorism work above the level of the municipalities with districts. The responding measures shall have a clear period and geographic scope of application, and shall be publicised to the public.

Article 62 The People’s Police, People’s Armed Police and other personnel for responding measures, who are legally equipped with and carrying weapons, may use their weapons on the persons who are holding firearms, knives and other weapons or using other dangerous methods on the scene, and are carrying out violent activities or preparing to do so, after the warnings have been ignored by them; Under emergency or if warnings may result in more serious harmful consequences, weapons can be directly used.

Article 63 The information of occurrence, development and measures responding to terrorist events shall be announced in a unified manner by the provincial leadership authorities for anti-terrorism work where the terrorist events have occurred; certain provincial leadership authorities for anti-terrorism work shall be specified to announce the terrorist events that have occurred cross-provincial, autonomous regions or municipalities.No entities or individuals may fabricate or spread false information about terrorist events, report or spread details that may cause imitation of terrorist activities, or release the cruel and inhuman scene of the terrorist events; during the implementation of responding measures for terrorist events, unless the leadership authorities for anti-terrorism work in charge of information disclosure have so approved, the relevant news media may not report or release information of the personnel or hostage, or the situation of the implementation of responding measures at the scene.

Article 64 After the responding measures for terrorist events have completed, governments at all levels shall organise relevant departments to help entities and individuals who have been affected to restore life and production, and to stabilise the social order and the moods of the public in the affected areas.

Article 65 Local governments shall promptly give terrorist events victims and their close relatives the appropriate assistance, and shall provide basic living conditions for the victims and their close relatives who have lost the basic living conditions. Health and medical security departments shall provide psychological, medical and other assistance for victims of terrorist events and their close relatives.

Article 66 The public security organs shall timely file and investigate the terrorist events, identify the cause, process and results of the events, and lawfully hold the terrorist organisations and personnel criminally liable.

Article 67 The leadership authorities for anti-terrorism work shall carry out comprehensive analysis, summary and assessment on the occurrence of terrorist events and the work of responding measures, propose prevention and improvement measures for the responding measures and report to the superior leadership authorities for anti-terrorism work.

Chapter 7 International Cooperation

Article 68 The People’s Republic of China carries out anti-terrorism cooperation with other countries, regions or international organizations according to international treaties that China has concluded or acceded, or in accordance with the principle of equality and mutual benefit.

Article 69 Relevant departments of the State Council represent Chinese Government to carry out anti-terrorism policy dialogue, intelligence information exchange, law enforcement cooperation and international financial supervision cooperation with foreign governments and relevant international organizations in accordance with the authorization of the State Council. Provided it is not against Chinese law, local governments above the county level located at Chinese boundaries and their competent departments, upon the approval of the State Council or relevant Central Authorities, may carry out anti-terrorism intelligence information exchange, law enforcement cooperation and international financial supervision cooperation with neighboring countries or regions.

Article 70 The judicial assistance, extradition and the transfer of sentenced persons involving offenses of terrorist activities shall be carried out in accordance with relevant laws and regulations.

Article 71 Upon an agreement with the relevant countries, and the approval by the State Council, the State Council’s public security department and the national security department may dispatch personnel abroad to carry out anti-terrorism missions.When the People’s Liberation Army and the People’s Armed Police Force dispatch personnel abroad to carry out anti-terrorism missions, the approval of Central Military Commission is required.

Article 72 Materials obtained through international anti-terrorism cooperation may be cited in the administrative penalties and the criminal proceedings as evidence, unless China has promised not to use such materials as evidence.

Chapter 8 Supporting Measures

Article 73 The State Council and local people’s governments above the county level shall, according to the division of powers, respectively include the fees for anti-terrorism work at the same-level fiscal budget.The State shall give necessary financial support to the anti-terrorism key areas, and shall guarantee the funding for responding measures of large-scale terrorist events.

Article 74 The public security organs, national security organs, relevant departments, the People’s Liberation Army and the People’s Armed Police Force shall establish professional anti-terrorism forces, strengthen professional trainings, and be equipped with necessary professional equipment and facilities for anti-terrorism, according to the duties provided by law.Governments at county or township level shall guide relevant entities, villagers’ committees and residents’ committees to establish anti-terrorism work force and volunteers’ team according to the needs thereof, to assist and cooperate with the relevant departments to carry out anti-terrorism work.

Article 75 Appropriate treatments shall be given to persons who are disabled or have died because of performing duties for anti-terrorism work and assisting or cooperating with relevant departments to carry out anti-terrorism work.

Article 76 The public security organs and relevant departments shall adopt one or more of the following protective measures for persons or their close relatives whose personal safety is at risk because of reporting or stopping terrorist activities or serving as witness for offences of terrorist activities, upon the application of such persons or their close relatives:

(1) Not disclosing real names, address, employers and other personal information;

(2) Stopping certain persons from contacting protected persons;

(3) Adopting special protective measures for personal safety and domiciles;

(4) Changing names of the protected persons, or relocate domiciles and employers for the protected persons; and

(5) Other necessary protective measures.The public security organs and relevant departments shall adopt protective measures such as not disclosing real names and addresses of the protected entities, not allowing certain persons to approach the protected entities, adopting special protective measures for the offices and business venues of the protected entities, and other necessary protective measures, according to the provisions in the preceding paragraph.

Article 77 China encourages and supports the anti-terrorism science and technology innovation, and development, promotion and use of advanced anti-terrorism technology and equipment.

Article 78 The public security organs, national security organs, the People’s Liberation Army and the People’s Armed Police Force may expropriate properties for use which belong to entities or individuals, out of urgent needs in the performance of anti-terrorism duties, according to relevant national laws. After the completion of mission thereof, the properties shall be timely returned or reinstated; relevant fees shall be paid according to relevant provisions; loss shall be compensated. If the legitimate rights of relevant entities or individuals have been jeopardized because of carrying out anti-terrorism work, compensation and indemnity shall be given according to law. Such entities and individuals are entitled to applying for compensation and indemnity.

Chapter 9 Legal Liability

Article 79 Criminal liability will be investigated for organizing, planning, preparing, and implementing terrorist activities, promoting the terrorism, inciting the implementation of terrorist activities, illegally possessing stuffs that promote the terrorism, and forcing others to wear clothes, accessories or marks in public that promote the terrorism, organising, leading and participating in terrorist organisations, and providing assistance for the terrorist organisations, the personnel of terrorist activities, the implementation of terrorist activities or the training for terrorist activities.

Article 80 For persons who participate in one of the following activities, in which the circumstances are minor and no offence is constituted, the public security organs shall impose a detention ranging of 10 to 15 days, and may impose a fine up to 10,000 yuan in combination:

(1) Promoting the terrorism or extremism, or inciting the implementation of terrorist activities and extremism;

(2) Manufacturing, spreading or illegally possessing items that promote the terrorism and extremism;

(3) Forcing others to wear clothes, accessories or marks in public that promote the terrorism and extremism; and

(4) Providing information, capital, goods, services, technology, venues and other support to help facilitate the promotion of terrorism and extremism or implementation of the terrorism and extremism activities.

Article 81 The public security organs shall impose detention of 5 to 15 days, and fines up to 10,000 yuan in combination, for the implementation of one of the following activities by using extremism, in which the circumstances are minor and no offence has been constituted:

(1) Forcing others to participate in religious activities, or forcing others to provide capital, properties or services to religious venues or religious personnel;

(2) Driving other ethnic groups or people of other faiths to leave the place of residence by way of intimidation and harassment;

(3) Interfering in other persons’ matters on relating with or living together with other ethnic groups or persons of other beliefs by way of intimidation and harassment;

(4) Interfering in the customs and the way of the lives of others, or the production and operation of others by way of intimidation and harassment;

(5) Obstructing state personnel from performing their duties;

(6) Distorting or defaming national policies, laws and administrative regulations, or inciting or instigating the resistance against the governmental administration according to law;

(7) Inciting or coercing the public to destroy or willingly damage the resident identity cards, household registry and other legal documents or the Chinese currencies;

(8) Inciting and coercing others to replace the registration of marriage and divorce by religious ceremonies;

(9) Inciting or coercing minors not to receive compulsory education; and

(10) Other use of extremism to undermine the implementation of national legal systems.

Article 82 When persons know that others have committed an offence of terrorist activities or extremist acts, but harbour and shield them, in which the circumstances are minor and no offence is constituted, or, when judicial organs are investigating relevant situations or collecting relevant evidences from them, they refuse to so provide, the public organs shall impose detention of 10 to 15 days, and may impose a fine up to 10,000 yuan in combination.

Article 83 Where financial institutions and certain non-financial institutions have not immediately freeze the funds or other assets of terrorist organisations and the “personnel of terrorist activities” announced by the office of the national leadership authorities for anti-terrorism work, the public security organs shall impose fines ranging from 200,000 to 500,000 yuan, and shall impose a fine up to 100,000 yuan on the directly responsible directors, senior managers and other directly responsible personnel; if the circumstances are serious, the fine shall be more than 500,000 yuan on the institutions, and between 100,000 yuan and 500,000 yuan on the directors and senior managers directly in charge and other directly liable personnel, in addition, a detention of 5 to 15 days may be imposed in combination.

Article 84 When the telecommunications operators and internet service providers have one of the following circumstances, the authorities in charge shall impose a fine between 200,000 and 500,000 yuan, and impose a fine up to 100,000 yuan on their executives directly in charge and other directly liable persons; if the circumstances are serious, the fine shall be more than 500,000 yuan on the entities, and between 100,000 and 500,000 yuan on the executives directly in charge and other directly liable persons, which may be combined with a detention of 5 to 15 days:

(1) Having failed to provide technical support and assistance such as technical interfaces and decryption for the prevention and investigation of terrorist activities by the public security organs and national security organs according to law.

(2) Having failed to stop transmission, delete information involving the terrorism and extremism, keep relevant records, shut down relevant websites, or cease relevant services, according to the requirements of relevant authorities; and

(3) Having failed to implement network safety, information monitoring system or safety precautions, having caused the dissemination of information involving the terrorism and extremism, and the circumstances are serious.

Article 85 When logistics operators of shipping and postal services via railways, highways, water or aviation, or express delivery services and other logistics businesses have one of the following circumstances, the authorities in charge may impose a fine between 100,000 and 500,000 yuan, and a fine up to 100,000 yuan on the executives directly in charge and other directly liable persons:

(1) Having failed to implement the safety inspection system, check the customer identity, conduct safety check on transported or delivered goods, or open and view such goods in accordance with the provisions;

(2) Having transported or delivered goods which are forbidden to be transported or delivered, which contain serious safety risks, or which have been refused by the customers for safety inspection; and

(3) Having failed to carry out information registration system for the identities of customers, or the information on goods in the transportation or delivery.

Article 86 Where telecommunications, internet, financial services operators and service providers fail to check the identity of the client, or have provided services to customers whose identity is unknown or who have rejected the identity check, the authorities in charge shall order a rectification; if they refuse to so correct, a fine ranging from 200,000 to 500,000 yuan shall be imposed, and the executives directly in charge and other directly liable persons shall be imposed of a fine up to 100,000 yuan; if the circumstances are serious, the fine shall be more than 500,000 yuan, and the fine for executives directly in charge and other directly liable persons shall be between 100,000 and 500,000 yuan.If operators or service providers for accommodation, long-distance passenger transport and motor vehicle leasing have the circumstances in the previous Clause, the authorities in charge may impose a fine ranging from 100,000 to 500,000 yuan, and the executives directly in charge and other directly liable persons shall be imposed of a fine up to 100,000 yuan.

Article 87 The authorities in charge shall give a warning and order a correction for any violation of this Law which has one of the following circumstances; if correction is refused, a fine up to 100,000 yuan shall be imposed, and the executives directly in charge and other directly liable persons shall be imposed of a fine up to 10,000 yuan:

(1) Having failed to make electronic tracking identification according to the provisions for firearms, weapons, ammunition, controlled appliance, dangerous chemicals, civil explosives and nuclear and radioactive materials, or having failed to add security tracing markers for civilian explosives;

(2) Having failed to monitor the vehicles transporting the dangerous chemicals, civil explosives, and nuclear and radioactive materials through the positioning system in accordance with the provisions;

(3) Having failed to conduct strict supervision and management on infectious pathogens and other substances in accordance with the regulations, and the circumstances are serious; and

(4) Having violated the measures of control or restriction of transaction provided by the relevant competent departments of the State Council or provincial governments on controlled appliance, hazardous chemicals or civil explosives.

Article 88 Where the managing and operating entities of the key targets in prevention of terrorist attacks violate this Law, and have one of the following circumstances, the public security organs shall give a warning and order a correction; if correction is refused, a fine up to 100,000 yuan shall be imposed, and executives directly in charge and other directly liable persons shall be imposed of a fine up to 10,000 yuan:

(1) Having failed to develop plans or measures for responding measures on prevention of terrorist activities;

(2) Having failed to establish a system to ensure special funds for anti-terrorism work, or having failed to equip preventive or handling devices and facilities;

(3) Having failed to designate working agencies or appoint responsible persons;

(4) Having failed to conduct background check on key personnel, or adjust positions for unsuitable personnel;

(5) Not equipped with security personnel and appropriate equipment and facilities for public transport vehicles in accordance with the regulations; and

(6) Having failed to establish management systems such as public security information system for on-duty video image monitoring, information storage and sue, or operation and maintenance.If the big-event organisers and the managing entities for the key targets fail to carry out safety check according to relevant provisions on persons, items and vehicles entering the key targets such as the venues of the big events, airports, railway stations, docks, urban rail stations, long-distance coach terminals and ports, the public security organs shall order a correction; if correction is refused, a fine up to 100,000 yuan shall be imposed, and the executives directly in charge and other directly liable persons may be imposed of a fine up to 10,000 yuan.

Article 89 Where terrorist activities suspects violate the restrictive measures ordered by the public security organs, the public security organs shall give a warning and order a correction; if correction is refused, a detention between 5 and 15 days may be imposed in combination.

Article 90 Where news media entities fabricate or spread false information about terrorist events, report or spread details that may cause imitation of terrorist activities, release the cruel and inhuman scene of the terrorist events, or report and release identity information of the personnel or hostage, or the situation of the implementation of responding measures at the scene without authorisation, the public security organs shall impose a fine up to 200,000 yuan, the executives directly in charge and other directly liable persons may be imposed of a detention of 5 to 15 days, and may be imposed a fine up to 50,000 yuan in combination.Individuals who have the behaviour of the previous Clause shall be imposed by the public security organs of a detention of 5 to 15 days, and may be imposed of a fine up to 10,000 yuan in combination.

Article 91 The authorities in charge may impose a fine up to 2,000 yuan on persons who refuse to cooperate with relevant departments to carry out work in relation to anti-terrorism prevention, intelligence information, investigation and responding measures; if serious circumstances are caused, a detention between 5 and 15 days shall be imposed, and a fine up to 10,000 yuan may be imposed in combination.The authorities in charge may impose a fine up to 50,000 yuan on entities which have the behaviour provided in the previous Clause; if serious circumstances are caused, a fine up to 100,000 yuan shall be imposed; for executives directly in charge and other directly liable persons, the provisions in the preceding paragraph shall apply.

Article 92 The public security organs shall impose a detention between 5 and 15 days on persons obstructing the relevant departments from carrying out anti-terrorism work, and a fine up to 50,000 yuan may be imposed in combination.The public security organs shall impose a fine up to 200,000 yuan on entities which have the behaviour of the previous Clause, and for the executives directly in charge and other directly liable persons, the provisions of the previous Clause shall apply.

Heavier punishment within the range of statutory penalties shall be used in case of obstructing the Peoples’ Police, People’s Liberation Army, and People’s Armed Police from performing their duties according to law.

Article 93 Where entities violate the provisions of this Law, and the circumstances are serious, the authorities in charge shall order them to stop carrying out relevant business or providing related services, or order them to cease production and operation; if serious circumstances are caused, licenses shall be revoked and registration shall be cancelled.

Article 94 Where the leadership authorities for anti-terrorism work and personnel of the related departments abuse their authority, commit dereliction of duty, exercise favouritism in the anti-terrorism work, or leak national secret, commercial secret or personal privacy in violation of relevant provisions, which have constituted an offence, criminal liability shall be investigated according to law; if no offence is constituted, relevant punishment shall be imposed.Any entities or individuals are entitled to reporting or whistleblowing to relevant departments if they have found that the leadership authorities for anti-terrorism work and personnel of the related departments abuse their authority, commit dereliction of duty, exercise favouritism in the anti-terrorism work, or have other illegal or non-compliance activities. Relevant departments shall timely reply to such whistle-blowers or reporters after they receive their reports.

Article 95 Relevant measures shall be duly lifted and relevant items or funds shall be returned, if it is found that the items or funds seized, detained, frozen or captured according to the provisions of this Law are irrelevant to the terrorism.

Article 96 Relevant entities or individuals who cannot accept the decisions of administrative penalties and administrative measures taken in accordance with this Law may apply for administrative reconsideration, or bring an administrative lawsuit according to law.

Chapter 10 Supplementary Provisions

Article 97 This Law enters into force on January 1, 2016, repealing simultaneously the Decision of the Standing Committee of the National People’s Congress on Relevant Issues regarding Strengthening Anti-terrorism Work, which was adopted at the 23rd Session of the Standing Committee of the 11th National People’s Congress on October 29, 2011.

This Law enters into force on January 1, 2016, repealing simultaneously the Decision of the Standing Committee of the National People’s Congress on Relevant Issues regarding Strengthening Anti-terrorism Work, which was adopted at the 23rd Session of the Standing Committee of the 11th National People’s Congress on October 29, 2011.