Paper No. 6066 Dated 28-Jan-2016
By D. S. Rajan
Abstract
To deal with the increasing challenges from terrorism to its interests both at home and abroad, the People’s Republic of China (PRC) has enacted a new counter-terrorism law, stipulating inter alia formation of national and regional counter-terrorism agencies. The law contains a firm indication that the country is poised to give a big push to its international counter-terrorism cooperation; for countering the emerging grave threats to the global stability and prosperity from terrorist forces like the Islamic State, the indication should be welcome to the outside world. Nevertheless, China should make sure that its stated desire to be a part of global “united front” against terror is not motivated by self-interests but by interests common to all affected nations. It must, especially, take a clear position against all cases of state sponsored terrorism.
With respect to the particular case of well-known Pakistan’s state-sponsored terrorism against India, it is being widely felt that the PRC has so far shown an inclination to give a clean chit to Islamabad administration and blame only non-state actors; on the contrary, the world knows that without support from some state organs in Pakistan, terrorist elements from that country cannot launch attacks in India, for e.g the one that happened in Pathankot. This being so, there are reasons to believe that China is becoming more and more sensitive to India’s terrorism concerns. In this regard, the progress seen in the recent Beijing- New Delhi talks on counter terrorism cooperation looks commendable. The talks should proceed further, on the basis of realization by the two sides that they can learn from each other as Jihadi elements of the same nature target both – in China’s Xinjiang and India’s Kashmir. If talks lead to China’s recognition of the indirect involvement of Pakistan state in terrorist acts against India and giving up accordingly of its pro-Pakistan stand held so far on terrorism issue, the same are certain to contribute to removing an irritant in Beijing-New Delhi relations; in a larger perspective, that will also favorably impact on eliminating the strategic mistrust as a whole, which continues to bedevil such relations till today.
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The concept of “terrorism”, broadly understood in the present era as one denoting acts of violence by the concerned actors against authorities perceived by them as misusing their powers, did not exist in Imperial China. It is true that during the rule by various dynasties, a justification was extended to resorting of political violence against rulers who lacked propriety and virtue and thus lost the ‘mandate of heaven (for e.g. overthrow of Shang dynasty by that of Zhou in 1046 BC); such past dynamics can be said to form the basis for contemporary Chinese understandings of political violence. Mao believed that violent social revolution by the working class against its class enemy is justified. But for People’s Republic of China (PRC), terrorist violence is different from political and social violence justified by Mao and needs to be fought. It approaches terrorist violence in terms of the need to fight what is called “three evils” (ethnic separatism, religious extremism and violent terrorism) which in its view require to be crushed especially in Xinjiang and Tibet.
The PRC is facing terrorist violence in Xinjiang since early nineties. Ethnic riots, bombings and attacks on people are happening in that province regularly- incidents took place in 1992, 1997, 2009, 2010, 2011, 2013, 2014 and 2015. In the July 2009 Urumqi riots, 140 were killed and 828 injured. The October 2013 incident of car ramming by an individual shocked the nation as it took place in Beijing’s Tian An Men square; it killed 5 and injured 40. The authorities charged that the attack was the work of the separatist East Turkestan Islamic Movement (ETIM). The March 2014 Kunming Railway Station attack killed 29 and wounded 130 for which officials blamed Xinjiang separatists. The riots which occurred on July 28, 2014, in Shache County (also known as Yarkand in the Uighur language) were the biggest since the one witnessed in the capital Urumqi in 2009; nearly 100 were killed, and 215 arrested in Shache. On September 18, 2015, a separatist attack happened at the Sogan colliery in Aksu.
Incidents of separatist violence on the part of Tibetans included the one occurred in Lhasa in 1996, in Chengdu in 2002 and again in Lhasa in 2008. The last mentioned protest saw the authorities calling it a separatist act and arresting nearly 660 people. In September 2015, Aba country (Tibetan name- Ngaba) witnessed ethnic protests. Then, there are the continuing Tibetan self immolations since February 2009; its number stood at 138 as of April 11, 2015. China calls
the immolations "terrorism in disguise". It also ascribes terrorist motives to Tibetan exiles who call for independence. In both the cases of Xinjiang and Tibet, the government has launched strike –hard campaigns to suppress the alleged terrorist tendencies.
The PRC is becoming more and more sensitive also to external factors involved in terrorism in Xinjiang and Tibet. It believes that the ETIM, already declared a terrorist outfit and banned in the country, has ties to the al-Qaeda, Pakistan Taliban and the Islamic Movement of Uzbekistan and has set up training camps modeled on those of Al Qaeda and the Islamic State (IS) in Pakistan's North Waziristan region. China recognizes the presence of ETIM camps in Pakistan; the PRC foreign ministry spokesperson praised Pakistan’s contribution to counter terrorism by launching air raids on terror camps in North Waziristan (Xinhua, June 18, 2014). China must not be missing the IS declaration that the liberation of Islamic Xinjiang from China is its objective. The PRC is certain to notice the seriousness of terrorism- related developments like the murder of three Chinese executives on November 20, 2015 when Islamic militants stormed a hotel in Bamako, the capital of Mali, the announcement of the IS in one of its online magazines about murdering a Chinese captive, Fan Jinghui[1], terror attacks in Paris, the bombing of a Russian passenger jet over Egypt, and the executions of hostages done by the IS.
Since the year 2000, the United Nations General Assembly has been discussing a Comprehensive Convention on International Terrorism; the process remains inconclusive and there is so far no definition of the term “terrorism”, acceptable to all countries. Admittedly, the UN Security Council Resolution No. 1566 of 2004 had very nearly defined the term; it referred to “considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature” as motives behind terrorism acts.
In the circumstances mentioned above, the adoption of a document entitled “Counter-Terrorism Law of the People’s Republic of China” (herein after called the Law), at the 18th session of the Standing Committee of National People’s Congress (Beijing, December 27, 2015) assumes significance. It is the first such law to be passed in the PRC. The Law, to be effective from January 1, 2016, consists of 97 articles falling under 10 Chapters and states that it is “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”. Its unofficial full English translation is at Appendix below for record.
The Law’s definition of the term “terrorism”, given below, deserves attention:
“Terrorism is any proposition or activity — that, by means of violence, sabotage or threat, generates social panic, undermines public security, infringes on personal and property rights, and menaces government organs and international organizations- with the aim to realize certain political and ideological purposes”.
Beijing’s stand is that in Xinjiang, “ethnic relations featuring equality, unity, mutual assistance and harmony are reflected in every aspect of social life”[2] and that in Tibet, “the people of all ethnic groups enjoy equality, unity, mutual support and harmony.” [3] China seems to make clear on this basis that there are no "ethnic problems" in the two provinces, though others may challenge this formula. As such, the non-inclusion in the Law of ‘religious’ or ‘ethnic’ purposes as motives for terrorism, should not come as a surprise. The country’s perception, as could be discerned from the Law’s definition of “terrorism”, seems to be that politics and ideology, not ethnicity, are main factors behind terrorism in Xinjiang and Tibet and that the State has been able to deal with them effectively. For the PRC, such factors may specifically include the demands for Eastern Turkestan Independence and genuine autonomy for Tibet as well as the emerging IS threat to Xinjiang security with some Uighur separatists already joining it. [4]
Following are comments on important stipulations in the Law:
Setting up of New counter-terrorism agencies: The Law provides for “establishing a national institution to lead and direct counter-terrorism work, unifying leadership and command of counter-terrorism efforts for the entire nation”. A National Counter-Terrorism Intelligence Centre will also be set up. Governments of and above city level shall also set up counter-terrorism leading organs while those at county level can set up such organs if necessary. These steps look positive in ensuring the needed organizational efficacy to deal with counter terrorism imperatives which have newly arisen.
Silence on state-sponsored terrorism. The Law says, “The State opposes terrorism of any form. The State makes no compromise with terrorist organizations and individuals”. This being so, there is no direct mention in it about state-sponsored terrorism. Why such omission? The answer may lie in China’s policy so far not to criticize its close allies on terrorism issues, probably for strategic reasons; in particular, Beijing avoids condemning Pakistan’s known sponsorship of terrorism against India. It had always been refraining from naming Pakistan- based terrorist organizations like Jaish E Mohammad (JEM), Lashkar- e- Tayyaba (LET) and Hizbul Mujahedeen for their terrorist activities in India. It had stalled moves in the UN to censure the LET and blocked India’s proposals in the UN demanding action against Pakistan over the release of Mumbai 26/11 mastermind Zaki-ur-Rahman Lakhvi.
While there is still no change in China’s pro-Pakistan policy on terrorism, of late, Beijing seems to be a conveying a subtle message to New Delhi that it may be willing to address India’s concerns on terrorism. As examples, with regard to the terrorist attack in India’s Pathankot air base, China has said[5] that “in dealing with counter terrorism issues, the Chinese side will continue to adopt a fact-based, objective and unbiased position and follow relevant resolutions and regulations of the UN Security Council." A similar message can also be seen in the Joint Statement[6] on internal security of India and China which marked new areas for cooperation in meeting counter-terrorism challenges, exchanging information on terror groups and streamlining channels of communication on security-related issues. Through the Statement, the two nations agreed to coordinate positions on anti-terrorism endeavors at regional and multilateral levels, support each other and promote exchanges by groups of counter-terrorism experts to discuss counter-terrorism cooperation.
Still unclear human rights, media freedom aspects: One has to wait and see how the Law will guarantee human rights and religious, media and internet freedom in China. It says that “in counter-terrorism work, human rights shall be respected and guaranteed, and citizens' freedom of religious belief and ethnic customs shall be respected”. It stresses that “The state opposes all forms of using distorted religious teachings or other means to incite hatred or discrimination, to advocate violence and other extremism; eliminating terrorism's ideological basis”. The authorities may face a test in implementing such provisions, which look too broad and have potentials for use against dissidents and ethnic and religious minority people. Moreover, sweeping powers have been given to counter-terrorism agencies under the Law. As far as the media freedom is concerned, the Law prohibits the media including the social media from “fabricating or disseminating information on forged terrorist incidents, report on or disseminate details of terrorist activities that might lead to imitation, nor publish scenes of cruelty or inhumanity about terrorist activities”. This definitely appears restrictive. Another point relates to the Law’s stipulation that operators of telecommunications and Internet services should offer technological assistance and cooperation with security departments to help prevent and investigate terrorist activities. True, it is less harsh than the one figured in the draft law, but still there seems to be some inclination to control these services.
Provision for dealing with terrorism overseas: Interesting is the Law’s grant of powers to the State to deal with terrorism outside the PRC and permission to the People's Liberation Army to get involved in anti-terrorism operations abroad, which are bound to have implications for China’s foreign relations. The Law says, “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”. It adds “Departments of the State Council such as 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”.
Strong Signals for International Counter-Terrorism Cooperation: The Law gives a positive outlook for China’s future global counter-terrorism cooperation. It provides for “a new national counter-terrorism intelligence centre functioning as a coordinator not only between Chinese government bodies, but also in making trans-regional efforts on counter-terrorism intelligence and information.” The PRC foreign minister Wang Yi, speaking on the sidelines of G-20 summit (Turkey, November 2015) has given a call to the international community to form a “united front to combat terrorism” in the aftermath of Paris attacks. A senior official (Liu Xinhua, at the March 2015 session of the National Committee of the Chinese People's Political Consultative Conference, Xinhua, March 2, 2015) said that China regards its neighboring countries in South Asia, Central Asia and Southeast Asia as its key partners in the global fight against terrorism. He added that the country has set up counter-terrorism cooperation mechanisms with more than 10 countries, has engaged in substantive cooperation in information sharing, intelligence verification, case cooperation and capacity building and taken part in multilateral counter-terrorism mechanisms.
To sum up, in response to increasing challenges from terrorism to its interests both at home and abroad, the PRC is coming under compulsions to enact necessary laws, form new counter-terrorism agencies and start an active round of counter-terrorism international collaboration. The last mentioned is certainly a good thing for the world, the stability and prosperity of which are being threatened by a fresh wave of terrorism from forces like the Islamic State. China should at the same time make sure that its desire to be a part of global “united front” against terror is not motivated by self-interests but by interests common to all concerned nations. With respect to the particular case of Pakistan’s state-sponsored terrorism against India, the PRC seems to have an inclination to give a clean chit to Islamabad administration and blame only non-state actors whereas the world knows that without support from some state organs in Pakistan, terrorist elements from that country cannot launch attacks in India, for e.g in Pathankot. While noting the progress achieved in the recent New Delhi-Beijing talks on counter terrorism cooperation, we, in India, hope that China would ultimately realize the indirect involvement of Pakistan state in terrorism against India and accordingly give up its pro-Pakistan stand held so far on terrorism issue. Any positive response from Beijing on this count, will significantly contribute to reducing the level of strategic mistrust existing between China and India.
(The writer, D.S. Rajan, is Distinguished Fellow, Chennai Centre for China studies, Chennai, India.email:dsrajan@gmail.com).
Appendix
Counter-Terrorism Law of the People's Republic of China (translated by chinalawtranslate,
December 27, 2015)
http://chinalawtranslate.com/%E5%8F%8D%E6%81%90%E6%80%96%E4%B8%BB%E4%B9%89%E6%B3%95-%EF%BC%882015%EF%BC%89/?lang=en
(Passed at the 18th Session of the Standing Committee of the 12th National People's Congress on December 27, 2015).
Chapter I: General Provisions
Chapter II: Designation of Terrorist Organizations and Personnel
Chapter III: Security and Prevention
Chapter IV: Intelligence Information
Chapter V: Investigation
Chapter VI: Response and Handling
Chapter VII: International Cooperation
Chapter VIII: Safeguard Measures
Chapter IX: Legal Responsibility
Chapter X: Supplementary Provisions
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 organizations according to law, and pursues legal responsibilities of anyone who organizes, plots, prepares to carry out, or carry out 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. refugee status to any terrorist activity personnel.
Article 3: "Terrorism" as used in this Law refers to propositions 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, to 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
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.
Transport units shall follow provisions in the course of operations to conduct monitoring via a positioning system of the means of transport for hazardous chemicals, civil-use explosives, or nuclear or radioactive materials.
Relevant units shall follow provisions to conduct strict oversight and management of contagious disease pathogens and other such substances, rigidly preventing their spread or entering unlawful channels.
Competent departments under the State Council or provincial level people's governments may decide to implement controls within specified areas on the production, import, export, transport, sale, use, and disposal of controlled instruments, hazardous chemicals or civil-use explosives; and may decide to prohibit the use of cash or in-kind trading for these items, or implement other restrictions on their trade.
Article 23: Where guns or other weapons, ammunition, hazardous chemicals, civil-use explosives, nuclear or radioactive materials, contagious disease pathogens or other such substances are stolen, robbed, lost or otherwise lost track of, the unit where the situation occurred shall immediately employ necessary control measures and immediately report to the public security organs; and concurrently follow provisions to report to the competent departments. After public security organs receiving reports, shall promptly conduct an investigation. The relevant competent authorities shall cooperate with the public security organs in carry out this work.
Units or individuals must not unlawfully make, production, store, transport, import, export, sell, provide, purchase, use, be in possession of, dispose of, or destroy goods provided for in the preceding paragraph. 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.
Where State Council administrative management departments for combating money laundering discover financing suspected of being related to terrorism, they may conduct an investigation in accordance with law, and employ temporary [asset] freezing measures.
Article 25: Where, in the course of conducting oversight and examination of relevant units in accordance with law and administrative regulations, departments such as for auditing, finance and taxation discover the inflow or outflow of funds suspected of involving terrorist financing, they shall promptly report it to the public security organs.
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: Local people's governments at all levels formulating and organizing implementation urban and rural plans shall meet the requirement of counter-terrorism efforts.
Local people's Governments at all levels shall organize and supervise relevant construction units in alloting and installing public security video image information system and other equipment and facilities for the technical and physical prevention of terrorist attacks, at the key positions of main roads, transportation hubs and public areas of the city as needed.
Article 28: Public security organs and relevant departments shall stop and pursue legal responsibility of those advocating extremism or using extremism to endanger public security, disturb public order, encroach upon the safety of persons and property, or impede social administration.
Public security organs discovering extremist activities shall order them immediately stopped, and forcibly take relevant personnel away from the scene and register their identification information, take relevant items and materials and seal off the site of the illegal activity.
Any unit or individual that discovers items, materials or information advocating extremism shall immediately report it to the public security organs.
Article 29: public security organs shall organize relevant departments, villagers' committees, residents' committees and workplaces, schools, families and guardians to conduct aid and education of persons incited, coerced or enticed into participating in terrorist or extremist activities or persons who participated in terrorist or extremist activities but where the circumstances were minor and do not constitute a crime.
Prisons, detention centers, and community corrections organizations shall strengthen management, education and corrections efforts for those convicted and serving a sentence for terrorist or extremist crimes. As necessary for reform and education and maintaining supervision and order, prisons and detention centers may include those convicted of terrorist or extremist crimes with the general population, or separately imprison them.
Article 30: For those convicted of terrorist or extremist crimes are sentenced to a term of imprisonment or higher sentence, before release at the completion of their sentence, prisons and detention centers shall conduct a assessment of their dangerousness to society on the basis of the nature, circumstances and harm to society of their crime, their behavior while serving their sentence, and the impact of their release on their community. The comments of relevant basic level organizations and the organs that handled the case shall be heard in conducting the assessment of societal dangerousness. Where assessments show dangerousness to society, prisons and detention centers shall submit a recommendation for an education placement to the intermediate people's court for the place where the sentence was served, and also send a copy of the written recommendation to the people's procuratorate for the same level.
The intermediate people's court for the place where the sentence was served shall make a decision before the release on completion of sentence of those that are truly dangerous to society, ordering them to receive an educational placement after they are released on the completion of their sentence. A copy of the written decision shall be sent to the people's procuratorate at the same level. If the person subject to a decision for placement in education is dissatisfied with the decision, he may apply for a reconsideration to the people's court at the level above.
Education placements are organized and carried out by provincial level people's governments. Educational placement organizations shall conduct an annual assessment of people given educational placements, and shall promptly submit an opinion on releasing those who truly show repentence and reform and are no longer socially dangerous from the placement, to the intermediate people's court that made the original educational placement decision. Persons in education placements have the right to apply for release from the educational placement.
People's procuratorate's carry out supervision of education placement decisions.
Article 31:Public security organs shall, jointly with relevant departments, confirm units, venues, activities, facilities and so forth as key targets, where the possibility of sustaining a terrorist attack is higher or where major harm to persons and property, or major social impact, might be caused by a terrorist attack, and shall record this with the leading institution for counter-terrorism efforts at that level.
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. Gathered video or image information should be saved for no fewer than 90 days.
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: Units organizing large-scale activities and units managing key targets shall follow provisions to conduct safety inspections of persons, items, and vehicles entering key targets such as venues for large-scale activities, airports, train stations, docks, municipal light rail stations, long-distance public transportation stations and ports. Contraband and controlled items that are discovered, shall be taken and immediately reported to the public security organs; Suspected offenders that are discovered shall be reported immediately to the police.
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, patrolling and inspecting key targets.
Article 37: Competent departments for air traffic control, civil aviation, and public safety shall follow the division of their professional responsibilities to strengthen management of airspace, aircraft, and flight activities, closely taking tight precautions against the use of aircraft or flight activities to carry out terrorist activities.
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: Organs 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:When discovering personnel suspected of terrorist activities or articles suspected of being involved in terrorist activities, customs or exit-entry frontier inspection departments shall detain [them] according to law, and transfer [them] to public security organs or national security organs immediately.
When discovering articles suspected of being involved in terrorist activities, inspection and quarantine departments shall seize [them] according to law, and shall transfer [them] to public security organs or national security organs immediately.
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 inv