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I have written about the Chinese Anti-Espionage Law the revised version of which went into effect on 1 July 2023 (中华人民共和国反间谍法 [Counter-espionage Law of the People's Republic of China] as Revised (April 2023) Comes into Effect 1 July 2023). At the end of July, the Ministry of State Security [国家安全部] posted a short commentary that may be worth reading. 反间防谍需要全社会动员！ [Anti-espionage requires the mobilization of the whole society!]
It follows below in the original Chinese and in a crude English translation.
One paragraph stands out. It lays out the four part strategy for implementation. First, "state organs,
people's organizations, enterprises, institutions and other social
organizations" must implement anti-espionage measures. This would presumably include foreign individuals and enterprises operating in China and perhaps in Belt & Road States to the extent they are connected to Chinese state enterprises. Second, "people's governments at all levels and relevant departments
should organize anti-espionage security prevention publicity and
education, incorporate anti-espionage security prevention knowledge into
education, training, and law popularization content." Presumably these include measures for monitoring such implementation and for compliance. It is likely that data driven accountability measures may be deployed as well. Third, a robust campaign for reporting potential breaches of the anti-espionage law must be implemented through "telephone
numbers, mailboxes, and online platforms that accept reports, handle the
reported information in a timely manner according to law, and keep
confidential for whistleblowers." Fourth, in addition to oversight, the national security forces will have responsibility for coordinating education and outreach, as well as accountability and implementation through substantial interventions through social media and press organs.
贯彻落实《反间谍法》，筑牢反间防谍的国家安全人民防线，需要多措并举、齐抓共管：
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首先，国家机关、人民团体、企业事业组织和其他社会组织，特别是反间谍安全防范重点单位，要落实好各项反间谍安全防范措施，加强对本单位人员维护国家安全的教育，动员、组织本单位的人员防范、制止间谍行为。
其次，各级人民政府和有关部门应当组织开展反间谍安全防范宣传教育，将反间谍安全防范知识纳入教育、培训、普法宣传内容，增强全民反间谍安全防范意识和国家安全素养；新闻、广播、电视、文化、互联网信息服务等单位，应当面向全社会有针对性地开展反间谍宣传教育。同时，国家安全机关应当根据反间谍安全防范形势，指导有关单位开展反间谍宣传教育活动，提高防范能力。
再次，要畅通公民、组织举报危害国家安全行为的渠道，国家安全机关应当将受理举报的电话、信箱、网络平台等向社会公开，依法及时处理举报信息，并为举报人保密；要健全鼓励公民参与反间谍工作的保障机制，对举报间谍行为或者在反间谍工作中做出重大贡献的个人和组织依法予以表彰、奖励和保护，形成人民群众参与反间谍工作的常态化机制。
最后，国家安全机关要落实“谁执法谁普法”普法责任制，广泛运用“报网微屏端”全媒体，创造性开展多种形式的国家安全敌情教育和法治宣传，加强以案释法，通过典型案例教育群众，增强全社会反间防谍意识，形成维护国家安全的强大合力。
To implement the "Counter-Espionage Law" and build a solid anti-espionage national security line of defense, it is necessary to take multiple measures and make concerted efforts:
First, state organs, people's organizations, enterprises, institutions and other social organizations, especially anti-espionage security precautions Key units must implement various anti-espionage safety precautions, strengthen education on safeguarding national security for their personnel, and mobilize and organize their personnel to prevent and stop espionage.
Second, people's governments at all levels and relevant departments should organize anti-espionage security prevention publicity and education, incorporate anti-espionage security prevention knowledge into education, training, and law popularization content, and enhance the entire people's anti-espionage security awareness and national security literacy; news, broadcasting, Units such as television, cultural, and Internet information services should carry out targeted anti-espionage publicity and education for the entire society. At the same time, national security organs should guide relevant units to carry out anti-espionage publicity and education activities in accordance with the situation of anti-espionage security prevention, and improve prevention capabilities.
Thirdly, to unblock the channels for citizens and organizations to report behaviors that endanger national security, national security organs should disclose to the public the telephone numbers, mailboxes, and online platforms that accept reports, handle the reported information in a timely manner according to law, and keep confidential for whistleblowers; Guarantee mechanisms for participating in counter-espionage work, commending, rewarding, and protecting individuals and organizations that report espionage or make significant contributions to counter-espionage work in accordance with the law, forming a normalized mechanism for the people to participate in counter-espionage work.
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Finally, the national security organs must implement the responsibility system of "whoever enforces the law shall popularize the law", extensively use the "newspaper, net, micro-screen terminal" all media, creatively carry out various forms of national security enemy information education and the rule of law, strengthen the interpretation of the law through cases, through Typical cases educate the masses, enhance the anti-espionage and anti-espionage awareness of the whole society, and form a powerful joint force to maintain national security.
Perhaps this ought to be read against efforts by Chinese authorities to assure foreign operations in the PRC in briefings for representatives of foreign chambers of commerce (China seeks to reassure multinationals over anti-spying law). Businesses, however, are worried, and their home governments have reacted officially to other parts of the measures. While the provisions have potential significant effect on the framework for the operations of global production chains with routing through or in China. Some states have focused instead on other issues (U.S. raises concerns over China's counter-espionage push ("The United States on Wednesday raised concerns over a Chinese call to
encourage its citizens to join counter-espionage work and said it has
been closely monitoring the implementation of Beijing's expanded
anti-spying law."). The emphasis is curious especially in political cultures that now seem to encourage compliance based reporting by citizens .
反间防谍需要全社会动员！
Original 2023-07-31 23:59 Posted on 北京
https://mp.weixin.qq.com/s/KHGKLZ2q98giMAaJTIVJ3g
国家安全是民族复兴的根基，社会稳定是国家强盛的前提。自7月1日起，十四届全国人大常委会第二次会议修订通过的《中华人民共和国反间谍法》正式施行。作为党的二十大后国家安全领域的首部专门立法，该法的修订充分体现了以习近平同志为核心的党中央对国家安全工作的高度重视，是深入践行习近平法治思想和总体国家安全观的制度创新，对深化新时代新征程反间谍斗争、筑牢国家安全屏障具有重要意义，为在法治轨道上加快构建国家安全机关工作新格局提供了重要保障。
国家安全机关是反间谍工作的主管机关。当前，反间谍斗争形势严峻复杂，国家安全机关必须认真贯彻落实《反间谍法》，切实履行党和人民赋予的神圣使命。间谍活动是具有高度隐蔽性、专业性和危害性的严重违法犯罪行为，不仅需要国家安全机关发挥反间谍专门机关作用，更需要人民群众广泛参与、共同防范，筑牢反间防谍的国家安全人民防线。
修订后的《反间谍法》深入贯彻习近平法治思想和总体国家安全观，坚持国家安全一切为了人民、一切依靠人民，立足当前严峻复杂的反间谍斗争形势，对筑牢反间防谍的国家安全人民防线作出一系列规定：在立法目的上，明确反间谍工作是为了“维护国家安全、保护人民利益”；在工作原则上，明确反间谍工作要坚持“公开工作和秘密工作相结合”“专门工作与群众路线相结合”；在法律义务上，明确“一切国家机关和武装力量、各政党和各人民团体、企事业组织和其他社会组织，都有防范、制止间谍行为，维护国家安全的义务”，同时要求“国家安全机关在反间谍工作中必须依靠人民的支持，动员、组织人民防范、制止间谍行为”；在权利保障上，明确“国家对支持、协助反间谍工作的个人和组织给予保护”，“对举报间谍行为或者在反间谍工作中做出重大贡献的个人和组织”给予表彰和奖励；在工作制度上，增设“安全防范”一章，明确国家机关、人民团体、企业事业组织和其他社会组织的反间谍安全防范主体责任，人民政府、行业主管部门的反间谍安全防范管理责任，国家安全机关反间谍安全防范的协调指导和监督检查责任，依法建立一整套反间谍安全防范制度机制，共同构建反间防谍的立体防护网。
贯彻落实《反间谍法》，筑牢反间防谍的国家安全人民防线，需要多措并举、齐抓共管：首先，国家机关、人民团体、企业事业组织和其他社会组织，特别是反间谍安全防范重点单位，要落实好各项反间谍安全防范措施，加强对本单位人员维护国家安全的教育，动员、组织本单位的人员防范、制止间谍行为。其次，各级人民政府和有关部门应当组织开展反间谍安全防范宣传教育，将反间谍安全防范知识纳入教育、培训、普法宣传内容，增强全民反间谍安全防范意识和国家安全素养；新闻、广播、电视、文化、互联网信息服务等单位，应当面向全社会有针对性地开展反间谍宣传教育。同时，国家安全机关应当根据反间谍安全防范形势，指导有关单位开展反间谍宣传教育活动，提高防范能力。再次，要畅通公民、组织举报危害国家安全行为的渠道，国家安全机关应当将受理举报的电话、信箱、网络平台等向社会公开，依法及时处理举报信息，并为举报人保密；要健全鼓励公民参与反间谍工作的保障机制，对举报间谍行为或者在反间谍工作中做出重大贡献的个人和组织依法予以表彰、奖励和保护，形成人民群众参与反间谍工作的常态化机制。最后，国家安全机关要落实“谁执法谁普法”普法责任制，广泛运用“报网微屏端”全媒体，创造性开展多种形式的国家安全敌情教育和法治宣传，加强以案释法，通过典型案例教育群众，增强全社会反间防谍意识，形成维护国家安全的强大合力。
Anti-espionage requires the mobilization of the whole society!Original Ministry of State Security 2023-07-31 23:59 Posted on Beijing
National security is the foundation of national rejuvenation, and social stability is the prerequisite for national prosperity. Starting from July 1, the "Anti-espionage Law of the People's Republic of China" revised and passed at the second meeting of the Standing Committee of the 14th National People's Congress came into effect. As the first special legislation in the field of national security after the 20th National Congress of the Communist Party of China, the revision of this law fully reflects the great importance that the Party Central Committee with Comrade Xi Jinping at the core attaches to the work of national security. The system innovation is of great significance to deepening the anti-espionage struggle in the new era and new journey, and building a national security barrier, and provides an important guarantee for accelerating the construction of a new work pattern of national security organs on the track of the rule of law.
The national security agency is the competent authority for counter-espionage work. At present, the situation of anti-espionage struggle is severe and complicated. The national security organs must conscientiously implement the "Counter-espionage Law" and earnestly fulfill the sacred mission entrusted by the party and the people. Espionage is a highly concealed, professional, and harmful serious illegal and criminal act. It not only requires the national security organs to play the role of specialized counter-espionage agencies, but also requires the extensive participation of the people and joint prevention, so as to strengthen the anti-espionage and anti-espionage national security people. line of defense.
The revised "Anti-espionage Law" thoroughly implements Xi Jinping's thoughts on the rule of law and the overall national security concept, insists that national security is all for the people and everything depends on the people, and is based on the current severe and complicated situation of the anti-espionage struggle. The line of defense made a series of regulations: In terms of legislative purposes, it is clear that the anti-espionage work is to "maintain national security and protect the interests of the people"; Integrating with the mass line”; In terms of legal obligations, it is clear that “all state organs and armed forces, all political parties and people’s organizations, enterprises, institutions, and other social organizations have the obligation to prevent and stop espionage and maintain national security.” At the same time, it is required that "national security organs must rely on the support of the people in counter-espionage work, mobilize and organize the people to prevent and stop espionage activities"; in terms of rights protection, it is clear that "the state shall protect individuals and organizations that support and assist in counter-espionage work." ", "Recognize and reward individuals and organizations that report espionage or make significant contributions to counter-espionage work"; in the work system, add a chapter on "safety prevention" to clarify the state organs, people's organizations, enterprises and institutions The main responsibility for counter-espionage security prevention with other social organizations, the responsibility for the management of counter-espionage security prevention by the people's government and industry authorities, and the coordination, guidance, supervision and inspection responsibility of national security organs for counter-espionage security prevention. Mechanisms to jointly build a three-dimensional protection network against espionage.
To implement the "Counter-Espionage Law" and build a solid anti-espionage national security line of defense, it is necessary to take multiple measures and make concerted efforts: First, state organs, people's organizations, enterprises, institutions and other social organizations, especially anti-espionage security precautions Key units must implement various anti-espionage safety precautions, strengthen education on safeguarding national security for their personnel, and mobilize and organize their personnel to prevent and stop espionage. Second, people's governments at all levels and relevant departments should organize anti-espionage security prevention publicity and education, incorporate anti-espionage security prevention knowledge into education, training, and law popularization content, and enhance the entire people's anti-espionage security awareness and national security literacy; news, broadcasting, Units such as television, cultural, and Internet information services should carry out targeted anti-espionage publicity and education for the entire society. At the same time, national security organs should guide relevant units to carry out anti-espionage publicity and education activities in accordance with the situation of anti-espionage security prevention, and improve prevention capabilities. Thirdly, to unblock the channels for citizens and organizations to report behaviors that endanger national security, national security organs should disclose to the public the telephone numbers, mailboxes, and online platforms that accept reports, handle the reported information in a timely manner according to law, and keep confidential for whistleblowers; Guarantee mechanisms for participating in counter-espionage work, commending, rewarding, and protecting individuals and organizations that report espionage or make significant contributions to counter-espionage work in accordance with the law, forming a normalized mechanism for the people to participate in counter-espionage work. Finally, the national security organs must implement the responsibility system of "whoever enforces the law shall popularize the law", extensively use the "newspaper, net, micro-screen terminal" all media, creatively carry out various forms of national security enemy information education and the rule of law, strengthen the interpretation of the law through cases, through Typical cases educate the masses, enhance the anti-espionage and anti-espionage awareness of the whole society, and form a powerful joint force to maintain national security.
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