Counterespionage Law of the People's Republic of China (2023)

Chapter I General Provisions

Article 1

This Law is enacted in accordance with the Constitution for the purposes of strengthening the counterespionage work and guarding against, stopping and punishing espionage, to maintain national security and protect the interests of the people.

Article 2

Counterespionage work shall fall under the centralized and unified leadership of the Central Committee of the Communist Party of China, follow the holistic approach to national security, and be carried out by combining open work with confidential work and specialized work with the mass line and addressing both the symptoms and the root causes of the relevant risks and through active defense and legal punishment, so as to build a firm line of people's defense for national security.

Article 3

Counterespionage work shall be carried out in accordance with the law, respecting and protecting human rights, and safeguarding the lawful rights and interests of individuals and organizations.

Article 4

For the purposes of this Law, espionage refers to the following:

(1) any activity endangering national security of the People's Republic of China, conducted by an espionage organization or its agent, or by anyone instigated or funded by such espionage organization or its agent, or by a domestic or overseas institution, organization, or individual in collusion with such espionage organization or its agent;

(2) joining an espionage organization, or accepting a task assigned by an espionage organization or its agent, or surrendering to an espionage organization or its agent;

(3) any activity of stealing, spying out, illegally purchasing or providing state secrets, intelligence or any other document, data, material or article related to national security or interests, or any activity instigating, inducing, coercing or bribing a state functionary to turn him against the People's Republic of China, conducted by an overseas institution, organization, or individual other than an espionage organization or its agent, or by any other person instigated or funded by such overseas institution, organization or individual, or by any domestic institution, organization or individual in collusion with such overseas institution, organization or individual;

(4) any activity of attacking, hacking into, interfering with, controlling or sabotaging the networks of a state organ, secret-related entity or key information infrastructure, conducted by an espionage organization or its agent, or by anyone instigated or funded by such espionage organization or its agent, or by a domestic or overseas institution, organization or individual in collusion with such espionage organization or its agent;

(5) informing an enemy of a target of attack;

(6) engaging in other espionage activities.

This Law shall apply where an espionage organization or its agent commits espionage against a third country within the territory of the People's Republic of China or by taking advantage of any citizen, organization, or any other condition of the People's Republic of China, and endangers national security of the People's Republic of China.

Article 5

The state establishes a coordination mechanism for the counterespionage work to unitarily coordinate major matters concerning the counterespionage work, and study and resolve major problems in the counterespionage work.

Article 6

State security organs are the competent organs in charge of the counterespionage work.

Public security, state secrets protection, and other relevant departments and the relevant military departments shall, based on the division of duties, closely cooperate with one another, strengthen coordination, and effectively conduct the relevant work in accordance with the law.

Article 7

Citizens of the People's Republic of China have the duty to maintain the security, honor and interests of the state, and shall not engage in any act that endangers the security, honor or interests of the state.

All state organs and armed forces, all political parties and people's organizations, and all enterprises, public institutions, and other social organizations have the obligations to guard against and stop espionage and maintain national security.

State security organs must rely on the support of the people in the counterespionage work, and shall mobilize and organize the people to guard against and stop espionage.

Article 8

Any citizen or organization shall, in accordance with the law, provide support and assistance in the counterespionage work, and keep confidential the state secrets and the secrets concerning the counterespionage work that one has learned.

Article 9

The state shall protect individuals and organizations that render support or assistance in the counterespionage work.

Individuals and organizations that report espionage or have made significant contributions to the counterespionage work shall be commended and rewarded in accordance with the relevant regulations of the state.

Article 10

Espionage endangering national security of the People's Republic of China, committed by any overseas institution, organization or individual, or committed by any other person instigated or funded by such overseas institution, organization or individual, or committed by a domestic institution, organization, or individual in collusion with such overseas institution, organization or individual, must be investigated in accordance with the law.

Article 11

State security organs and their staff members shall, in their work, act strictly in accordance with the law, and may not overstep or abuse their powers or infringe upon the lawful rights and interests of any individual or organization.

Information of any individual or organization obtained by a state security organ and its staff members in the performance of the counterespionage duty in accordance with the law shall only be used for the counterespionage work, and the state secrets, work secrets, trade secrets, individual privacy, or personal information likewise obtained shall be kept confidential.

Chapter II Security Precautions

Article 12

State organs, people's organizations, enterprises, public institutions, and other social organizations shall undertake the responsibility of conducting their own work concerning security precautions against espionage, implement precautionary measures against espionage, educate their staff members on national security, and mobilize and organize their staff members to guard against and stop espionage.

Local people's governments at all levels and competent departments of relevant industries shall, according to the division of duties, carry out the work concerning security precautions against espionage within their respective administrative areas or industries.

State security organs shall coordinate, guide, supervise and inspect the work concerning security precautions against espionage in accordance with the law.

Article 13

People's governments at all levels and relevant departments shall organize and carry out publicity and education on security precautions against espionage, incorporate the knowledge of security precautions against espionage into the contents of education, training and legal publicity, and improve all citizens' awareness of security precautions against espionage and national security literacy.

Entities such as news, radio, TV, cultural, and internet information services shall carry out targeted education against espionage among the public.

State security organs shall, in light of the circumstances of the security precautionary work against espionage, guide the relevant entities in carrying out publicity and education against espionage, so as to enhance the awareness and capability of espionage prevention.

Article 14

No individual or organization shall illegally obtain or hold any document, data, material or article that is classified as state secrets.

Article 15

No individual or organization shall illegally produce, sell, possess or use any specialized espionage equipment or devices that are exclusively used for espionage activities. Specialized espionage equipment or devices shall be identified by the competent department of state security of the State Council in accordance with the relevant regulations of the state.

Article 16

Any citizen or organization shall, on the discovery of espionage, report it to a state security organ in a timely manner; where such a report is made to a public security organ or to any other state organ or organization, the said state organ or organization shall immediately transfer the case to a state security organ for handling.

State security organs shall publicize the telephone numbers, mailboxes and network platforms for receiving such reports, promptly handle the reported information in accordance with the law, and shall keep confidential the information of the informants.

Article 17

The state establishes a management system for key entities vulnerable to espionage.

Key entities vulnerable to espionage shall establish their own working system of security precautions against espionage and fulfil the requirements of security precautions against espionage, and specify the responsibilities and duties of their internal functional departments and staff members in this regard.

Article 18

Key entities vulnerable to espionage shall strengthen the education and management of their staff members with respect to security precautions against espionage, and supervise and inspect the fulfillment of counterespionage obligations by those who have left their posts or offices preconditioned by a confidentiality period thereafter.

Article 19

Key entities vulnerable to espionage shall strengthen routine security precaution management in relation to matters, premises and carriers involving confidential information, and adopt physical precautionary measures against espionage, such as isolation, facility reinforcement, closed-off management, and setting up warnings.

Article 20

Key entities vulnerable to espionage shall, in accordance with the technical requirements and standards for the prevention of espionage, adopt corresponding technical as well as other necessary measures, to strengthen technical protection against espionage in their key sections and locations, network facilities, and information systems.

Article 21

For building, altering or expanding a construction project that is located within the security control area adjacent to an important state organ, a national defense or military entity or any other important entity having access to confidential information, or an important military installation, a permit for the construction project involving national security shall be obtained from the relevant state security organ.

A local people's government at or above the county level, when developing its plan for national economic and social development, spatial planning and any other relevant plan, shall take into full consideration the factor of national security and the security control areas delimited, and seek advice from the relevant state security organ.

The delimitation of security control areas shall be conducted on the basis of coordination between development and security, and shall adhere to the principles of thorough study, reasonableness, and necessity. Such areas shall be delimited by the state security organ in conjunction with the departments of development and reform, natural resources, housing and urban-rural development, and state secrets protection, the department of science, technology and industry for national defense, as well as relevant military departments. The delimitations shall be reported to the relevant people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government for approval and are subject to adjustment when needed.

Specific measures for the implementation of permission for construction projects involving national security shall be formulated by the competent department of state security of the State Council in conjunction with the relevant departments.

Article 22

Where the counterespionage work needs, state security organs may formulate technical standards for preventing espionage in conjunction with the relevant departments, guide the relevant entities in adopting technical measures for preventing espionage, and may, after undergoing strict approval formalities, inspect the entities with potential hazards and test such technical measures thereof.

Chapter III Investigation and Measures to be Taken

Article 23

State security organs shall, in the counterespionage work, exercise the functions and powers provided for by this Law and other relevant laws.

Article 24

When executing a counterespionage assignment in accordance with the law, the staff members of a state security organ may, upon presenting their work certificates in accordance with applicable regulations, examine the identification certificates of Chinese citizens or overseas individuals, inquire of relevant individuals or organizations about relevant matters, and examine the personal belongings of those who are unidentified or suspected of espionage.

Article 25

When executing a counterespionage assignment in accordance with the law, staff members of a state security organ may, with the approval of the person in charge of the relevant state security organ at or above the level of a city divided into districts and upon presenting their work certificates, examine the electronic equipment, facilities, and relevant programs and tools of the relevant individuals or organizations. Where any situation that endangers national security is discovered during the examination, the state security organ shall order the individual or organization to take measures for rectification immediately. Where the individuals or organizations refuse to make rectification or there are still potential hazards endangering national security after rectification, the state security organ may seal or seize the electronic equipment, facilities, relevant programs and tools in question.

After the situation endangering national security is eliminated, the state security organ shall, in a timely manner, lift the measure of sealing or seizure of electronic equipment, facilities, relevant programs or tools which are carried out in accordance with the provisions of the previous paragraph.

Article 26

When executing a counterespionage assignment in accordance with the law, staff members of a state security organ may, in accordance with the relevant regulations of the state and upon the approval of the person in charge of the relevant state security organ at or above the level of a city divided into districts, consult and acquire the relevant documents, data, materials and articles, and the relevant individuals or organizations shall cooperate. Such consultation and acquirement shall not exceed the scope and limits for the execution of the counterespionage assignment.

Article 27

Where it is necessary to summon a person who violates this Law for investigation, a summon shall be used with the approval of the person in charge of the case-handling department of the state security organ. Where a person who violates this Law is found on the spot, the staff members of the state security organ may summon him orally upon presenting their work certificates in accordance with the applicable regulations, and such summon shall be noted in the inquiry transcript. The person who is summoned shall be informed of the reasons and basis therefor. Whoever refuses, without justifiable reasons, to obey the summon or evades it may be compelled to obey.

The state security organ shall inquire of the summoned person in a designated premise in the city or county where the summoned person stays or resides.

The state security organ shall inquire of the summoned person in a timely manner. The time for inquiry shall not exceed eight hours and, if the circumstances are complex and the summoned person may be subject to administrative detention or is suspected of committing a crime, the time for inquiry shall not exceed 24 hours. The state security organ shall provide the person summoned for inquiry with necessary food, drink and time to rest. It is strictly prohibited to summon a person consecutively.

The state security organ shall notify in a timely manner the family of the summoned person of the reasons for the summon, except in the case where it is impossible to notify his family or such notification may hinder the investigation. Once the circumstances forestalling the aforesaid notification disappear, the family of the summoned person shall be notified immediately.

Article 28

In investigating espionage, the state security organ may, with the approval of the person in charge of the relevant state security organ at or above the level of a city divided into districts, search the persons and inspect articles and premises that are suspected of being involved in espionage in accordance with the law.

Search of the bodies of females shall be conducted by female staff members.

Article 29

In investigating espionage, the state security organ may, with the approval of the person in charge of the state security organ at or above the level of a city divided into districts, inquire about the relevant property information of the persons suspected of committing espionage.

Article 30

In investigating espionage, the state security organ may, with the approval of the person in charge of the state security organ at or above the level of a city divided into districts, seal, seize or freeze the premises, facilities, property, or articles suspected of being used for espionage. Premises, facilities or property irrelevant to the espionage case under investigation may not be sealed, seized or frozen.

Article 31

Where the staff members of the state security organ take measures in the counterespionage work, such as consultation and acquirement of information or articles, summon, inspection or search, inquiry, sealing, seizure, and freezing, such measures shall be conducted by two or more staff members, upon presenting their work certificates and other relevant legal documents in accordance with the applicable regulations, and the relevant individuals shall affix their signatures and seals to the relevant transcripts and other written materials.

Where staff members of the state security organ conduct important evidence collection by inspection and search, sealing, and seizure, the entire process shall be kept on audio and video recording, and the recording shall be preserved for future reference.

Article 32

When the state security organ investigates and inquires into espionage or collects relevant evidence, the individuals and organizations concerned shall truthfully provide relevant information or evidence, and may not refuse.

Article 33

For a Chinese citizen who may, after exiting China, cause harm to national security or cause significant losses to national interests, the competent department of state security of the State Council may make a decision not to allow him to leave China within a certain period of time, and shall notify the immigration administration agency of the decision.

For any individual who is suspected of committing espionage, the state security organ at or above the provincial level may notify the immigration administration agency not to allow him to leave China.

Article 34

For an overseas individual who, after entering China, may engage in activities endangering the national security of the People's Republic of China, the competent department of state security of the State Council may notify the immigration administration agency not to allow him to enter China.

Article 35

The immigration administration agency shall execute, in accordance with the relevant regulations of the state, the notification of the state security organ not allowing an individual to exit or enter China. Where the circumstances not allowing the individual to leave or enter China disappear, the state security organ shall revoke the decision in a timely manner and notify the immigration administration agency as such.

Article 36

Upon discovery of a risk such as certain network information involving espionage, or the risk of a cyberattack, the state security organ shall, in accordance with the division of duties provided in the Cybersecurity Law of the People's Republic of China, notify the relevant departments in a timely manner. The relevant departments shall handle the matter in accordance with the law, or order the telecommunications business operators or internet service providers to take timely measures to fix loopholes, consolidate protection, stop transmission, eliminate the relevant programs and content, suspend the relevant services, remove the relevant applications or close the relevant websites, and shall keep the relevant records. If the situation is urgent and failure to take immediate measures may cause serious harm to national security, the state security organ shall order the relevant entities to fix loopholes, stop the relevant transmissions, suspend the relevant services, and notify the relevant departments of the situation.

Where the relevant measures are taken and the aforementioned information or risk is eliminated, the state security organ and the relevant departments shall make a decision to resume the relevant transmissions and services in a timely manner.

Article 37

Where the counterespionage work needs, the state security organ may take technical investigative measures and identity protection measures in accordance with the relevant regulations of the state after going through strict approval formalities.

Article 38

Where any violation of the provisions of this Law may involve a crime, if it is necessary to identify whether the relevant matter belongs to state secrets or intelligence and to assess the harms thus caused, the department of state secrets protection at the national level or the department of state secrets protection of the relevant province, autonomous region, or municipality directly under the Central Government shall, in accordance with the procedures, conduct the identification and organize the assessment within a prescribed time limit.

Article 39

Where a state security organ finds in the investigation of espionage that it may involve a crime, the state security organ shall file a case for criminal investigation in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China.

Chapter IV Safeguards and Supervision

Article 40

Staff members of state security organs shall be protected by the law for their performance of duties in accordance with the law.

Article 41

When a state security organ investigates espionage in accordance with the law, the postal, express delivery and other logistics service providers, telecommunications business operators, and internet service providers shall provide necessary support and assistance.

Article 42

The staff members of a state security organ, when executing an urgent assignment, shall have priority in taking public transport, enjoy priority of passage, and have other conveniences in passage, by presenting their work certificates.

Article 43

The staff members of a state security organ, when executing an assignment in accordance with the law, may enter relevant premises or entities by presenting their work certificates in accordance with applicable regulations; and may, subject to approval and by presenting their work certificates, enter the restricted areas, premises or entities in accordance with the relevant regulations of the state.

Article 44

Where the counterespionage work requires and in accordance with the relevant regulations of the state, a state security organ has priority in using the means of transport and communication, premises and buildings of state organs, people's organizations, social organizations such as enterprises and public institutions, as well as of individuals, or may requisition such means of transport and communication, premises and buildings, in accordance with the law. As is needed, the state security organ may set up necessary working premises as well as facilities and equipment there, but shall return or restore those used and requisitioned to the original state in a timely manner after the assignment is accomplished, with relevant expenses paid in accordance with applicable regulations; and shall make compensation for any loss caused.

Article 45

Where the counterespionage work requires, a state security organ may, in accordance with the relevant regulations of the state, request the inspection organs such as the customs and the immigration administration to facilitate entry or exit for the relevant personnel and to exempt the relevant materials and equipment from inspection. The relevant inspection organs shall provide assistance in accordance with the law.

Article 46

Where the personal safety of a staff member of a state security organ or any of his close relatives is threatened due to his execution of an assignment or his assistance in the execution of a counterespionage assignment, the state security organ shall, in conjunction with the relevant departments, take necessary measures to provide protection or rescue in accordance with the law.

Where the personal safety of an individual or any of his close relatives is in danger due to his support for or assistance in the counterespionage work, the individual may request protection from the state security organ. The state security organ shall, in conjunction with the relevant departments, take protective measures in accordance with the law.

Where an individual or organization suffers from property loss due to his or its support for or assistance in the counterespionage work, the individual or organization shall be compensated in accordance with the relevant regulations of the state.

Article 47

The state shall properly resettle the persons who have made contributions to the counterespionage work and need to be resettled.

The departments of public security, civil affairs, finance, health, education, human resources and social security, veterans affairs, healthcare security, and immigration administration, and other relevant departments, as well as state-owned enterprises and public institutions, shall assist the state security organ in carrying out the resettlement.

Article 48

Persons who are disabled, sacrificed their lives gloriously, or died as a result of conducting the counterespionage work, or supporting or assisting in the work shall be given corresponding preferential treatment in accordance with the relevant regulations of the state.

Article 49

The state encourages scientific and technological innovations in the counterespionage field and gives play to the role of science and technology in the counterespionage work.

Article 50

State security organs shall strengthen counterespionage team building and professional training to enhance the capabilities for the counterespionage work.

Political, theoretical, and professional training shall be conducted in a planned manner for the staff members of state security organs. The training shall integrate theories with practice, be tailored to needs and focus on practical results, so as to improve the professional capabilities of the staff members.

Article 51

State security organs shall strictly implement the systems of internal supervision and security review, supervise the compliance of their staff members with laws and disciplines, and take necessary measures in accordance with the law to conduct security reviews on a regular basis or at irregular intervals.

Article 52

Any individual or organization shall have the right to file a report or charge against a state security organ or any of its staff members for overstepping or abusing power or for any other unlawful act to the state security organ at a higher level, the supervisory organ, the people's procuratorate or any other relevant department. The abovementioned department that accepts such a report or charge shall conduct investigations to ascertain the facts in a timely manner and handle the matter in accordance with the law, and shall inform the individual or organization of the handling results.

No individual or organization may suppress or retaliate against an individual or organization that has provided support or assistance in the work of a state security organ or has filed a report or charge in accordance with the law.

Chapter V Legal Liability

Article 53

Whoever commits espionage, which constitutes a crime, shall be held criminally liable in accordance with the law.

Article 54

Where an individual commits espionage, which does not constitute a crime, the state security organ shall impose on the individual a warning or administrative detention for not more than 15 days with a fine of not more than RMB 50,000 yuan, or shall only impose a fine on the said scale; and the aforementioned fine imposed shall be not less than the amount of the illegal gains but not more than 5 times the amount of the illegal gains if the illegal gains are not less than RMB 50,000 yuan; and the relevant department may also take an administrative action against the individual in accordance with the law.

Whoever, knowing that another person engages in espionage, provides him with information, funds, materials, labor services, technologies, premises, and other support or assistance, or harbors him, which does not constitute a crime, shall be punished in accordance with the provisions of the preceding paragraph.

Where an entity commits any of the acts as mentioned in the preceding two paragraphs, the state security organ shall impose on the entity a warning with a fine of not more than RMB 500,000 yuan, or shall impose the fine only; and the aforementioned fine imposed shall be not less than the amount of the illegal gains but not more than 5 times the amount of the illegal gains if the amount of the illegal gains is not less than RMB 500,000 yuan; and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions of the first paragraph.

The state security organ may, based on the circumstances and consequences of a violation of this Law by an entity or individual, advise the competent department to order the stop of the engagement in the relevant businesses or the provision of the relevant services, or to order the suspension of production or business operation, to revoke the relevant certificates or licenses, or to revoke the registration in accordance with the law. The competent department shall inform the state security organ of the handling results in a timely manner.

Article 55

Where anyone who commits espionage voluntarily surrenders himself or carries out meritorious performance, he may be given a lighter or mitigated punishment or be exempted from punishment, and shall be rewarded if he carries out significant meritorious performance.

Anyone who is coerced or induced into joining an espionage organization or hostile organization abroad and engages in activities endangering the national security of the People's Republic of China may be exempted from legal liability where he makes a confession to a mission overseas of the People's Republic of China, or, after entering China, makes a confession to the state security organ either directly or through his employer in a timely manner, and shows repentance.

Article 56

Where a state organ, a people's organization, or a social organization such as an enterprise or a public institution fails to fulfill its security precaution duty against espionage as provided in this Law, the state security organ may order it to make rectification; where it fails to make rectification as required, the state security organ may hold a regulatory talk with the relevant person in charge of the organ or organization, and when necessary, notify the competent department at a higher level of the organ or organization of the talk. Where harmful consequences or adverse effects are caused, the state security organ may issue a warning or circulate a notice of criticism. Where the circumstances are serious, the relevant departments shall take administrative actions against the directly responsible persons in charge and other directly responsible persons in accordance with the law.

Article 57

In the case of building, altering, or expanding a construction project in violation of the provisions of Article 21 of this Law, the state security organ shall order the violator to make rectification and give the violator a warning. Where the violator refuses to make rectification or the circumstances are serious, the state security organ shall order the violator to cease the building, alteration or expansion or cease the use of the completed project, suspend or revoke the relevant permit, or advise the competent department to handle the matter in accordance with the law.

Article 58

In the case of violating the provisions of Article 41 of this Law, the state security organ shall order the violator to make rectification, and shall give the violator a warning or circulate a notice of criticism. Where the violator refuses to make rectification or the circumstances are serious, the competent department shall impose punishment in accordance with the relevant laws and regulations.

Article 59

Whoever, in violation of the provisions of this Law, refuses to cooperate when a state security organ needs to access relevant data shall be punished by the state security organ in accordance with the relevant provisions of the Data Security Law of the People's Republic of China.

Article 60

Whoever, in violation of the provisions of this Law, commits any of the following acts that constitute a crime, shall be held criminally liable in accordance with the law; where the act does not constitute a crime, the state security organ shall give a warning or impose administrative detention of not more than 10 days, and may concurrently impose a fine of not more than RMB 30,000 yuan:

(1) divulging state secrets related to the counterespionage work;

(2) knowing others engaged in criminal acts of espionage, but refusing to provide the relevant information or evidence when a state security organ investigates the relevant information or collects the relevant evidence;

(3) intentionally obstructing a state security organ in the execution of an assignment in accordance with the law;

(4) concealing, transferring, selling, destroying or damaging property or articles that are sealed, seized or frozen by a state security organ in accordance with the Law;

(5) knowingly harboring, transferring, purchasing, selling by proxy, or otherwise covering up or concealing money or other forms of property involved in espionage; and

(6) retaliating against an individual or organization that supports or assists in the work of a state security organ in accordance with the law.

Article 61

Whoever unlawfully obtains or holds documents, data, materials, or articles classified as state secrets, or unlawfully produces, sells, holds or uses specialized espionage equipment, which does not constitute a crime, shall be given a warning or administrative detention of not more than 10 days.

Article 62

State security organs shall properly keep the property or articles sealed, seized or frozen in accordance with this Law, and shall dispose of such property or articles respectively according to the following circumstances:

(1) disposing of the property or articles in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China and other relevant laws where the property or articles are involved in a suspected crime;

(2) confiscating what should be confiscated in accordance with the law, or destroying what should be destroyed in accordance with the law, where the facts of violation of this Law do not constitute a crime; or

(3) lifting the measure of sealing, seizure or freezing of property or articles and returning the relevant property or articles in a timely manner where there is no fact of violation of this Law, or the property or articles are irrelevant to the case; and making compensation, in accordance with the law, for any loss caused thereby.

Article 63

Where the property or articles involved in a case falls under any of the following circumstances, the property or articles shall be recovered or confiscated in accordance with the law, or measures be taken to eliminate hidden dangers:

(1) the property and articles, as well as their fruits and proceeds that are illegally obtained, and the personal property and articles that are used for committing espionage;

(2) the documents, data, materials, and articles illegally obtained or held, which are classified as state secrets; and

(3) specialized espionage equipment illegally produced, sold, held or used.

Article 64

All the interests obtained by a person, his close relatives, or any other relevant person from an espionage organization or its agent because that person's engagement in espionage shall be recovered or confiscated in accordance with the law by the state security organ.

Article 65

The fines collected or the property or articles confiscated by state security organs in accordance with the law shall all be turned over to the State Treasury.

Article 66

Where an overseas individual violates this Law, the competent department of state security of the State Council may make a decision ordering him to leave China within a specified time limit, and decide on the duration when the individual is not allowed to reenter China. Those who fail to leave China within the specified period may be deported.

Where an overseas individual violates this Law and the competent department of state security of the State Council decides to deport him, he shall not be allowed to reenter China within 10 years from the date of his deportation. The decision of punishment made by the competent department of state security of the State Council shall be final.

Article 67

Before making a decision imposing an administrative penalty, the state security organ shall inform the party concerned of the intended administrative penalty, and the facts, reasons and basis, as well as the party's rights to make a statement and self-defense, and request a hearing in accordance with the law, and shall enforce the decision in accordance with the relevant provisions of the Administrative Penalty Law of the People's Republic of China.

Article 68

Where a party disagrees with a decision on administrative penalty, compulsory administrative measures or administrative licensing, he may apply for administrative reconsideration in accordance with the law within 60 days from the date when he receives the decision in writing; and where the party still does not agree with the reconsideration decision, he may bring a lawsuit in the people's court in accordance with the law within 15 days from the date of receipt of the reconsideration decision.

Article 69

Where any staff member of a state security organ abuses power, neglects duties, engages in malpractices for personal gains, or illegally detains a person, extorts confession by torture, collects evidence through violence, or, in violation of the relevant provisions, divulges state secrets, work secrets, trade secrets, individual privacy or personal information, he shall be subject to an administrative action in accordance with the law. Where his act constitutes a crime, he shall be held criminally liable in accordance with the law.

Chapter VI Supplementary Provisions

Article 70

Where state security organs perform their duties of preventing, stopping or punishing acts other than espionage that endanger national security in accordance with laws, administrative regulations and relevant regulations of the state, the relevant provisions of this Law shall apply.

Where public security organs, in the performance of their duties, discover or punish acts that endanger national security, the relevant provisions of this Law shall apply.

Article 71

This Law shall go into effect as of July 1, 2023.