CHINA-NATIONAL INTELLIGENCE LAW
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China’s National Intelligence Law was enacted on June 27 with unusual speed and limited public discussion. Like the more widely reported Cybersecurity Law (which went into effect on June 1) and a raft of other recent statutes, the Intelligence Law places open-ended new security obligations and risks not only on U.S. and other foreign citizens doing business or studying in China, but in particular on their Chinese partners and co-workers. A comparison of the final version of the National Intelligence Law and the penultimate draft issued on May 16 indicates that its authors had to soften some of these requirements and make it less explicit about to whom they apply. But the law’s broad language still imposes serious new security obligations, and the authors will probably get another opportunity to tighten these rules if detailed implementing regulations for the law are drawn up in the future. Initial press coverage of the Intelligence Law spotlighted concerns that it would grant intelligence officials the right to enter otherwise restricted facilities, examine private records, investigate and question personnel, and access or even requisition communications or transport equipment owned by companies or individuals. But while the new law does grant these powers, similar authorizations have already been granted in other legislation, most notably the Counterespionage Law (Articles 9-16) and the Cybersecurity Law. It is the Counterespionage Law which most closely parallels the new Intelligence Law in its structure and focus.
(Comment: The new law is the latest in an interrelated package of national security, cyberspace, and law enforcement legislation drafted under Xi Jinping. These laws and regulations are aimed at strengthening the legal basis for China’s security activities and requiring Chinese and foreign citizens, enterprises, and organizations to cooperate with them. They include the laws on Counterespionage (2014), |