Starting Next Month, Revised Chinese Anti-Spy Law Enforced: "Be Careful with Searching and Saving"
Critical Article Search and Processing May Be Considered Espionage
Foreign Violators Can Be Deported... 10-Year Reentry Ban
Starting from the 1st of next month, China’s revised 'Anti-Espionage Law' is set to be enforced, and the Korean Embassy in China has issued a notice to Korean residents urging caution when searching for or saving content related to China’s national security on the internet.
On the 26th, the Consular Section of the Korean Embassy in China announced a 'Safety Notice in Preparation for the Enforcement of the Revised Anti-Espionage Law,' stating, "China’s Anti-Espionage Law has been significantly revised, expanding from the previous 5 chapters and 40 articles to 6 chapters and 71 articles," and warned, "Due to differences in systems and concepts compared to our country, unexpected damages may occur, so please exercise caution."
They also urged caution when searching for or saving materials such as maps, photos, and statistical data related to China’s national security and interests on the internet or on electronic devices like smartphones and laptops. Additionally, photographing near security-controlled areas such as military facilities, major national institutions, and defense contractors, as well as visiting protest sites and photographing protesters, is prohibited. Furthermore, religious activities banned by the Chinese government, such as proselytizing to Chinese citizens and outdoor missionary work, should also be avoided.
The revised Chinese Anti-Espionage Law significantly strengthens the definitions of espionage acts, the scope of law application, and the investigative authority of national security agencies. Previously, espionage acts were limited to stealing, spying, bribing, or illegally providing 'state secret information,' but the revised law now includes not only state secrets but also 'documents related to national security interests.'
Although there is no specific definition of 'documents related to national security interests,' it is interpreted to mean that even accessing publicly available information carelessly could be problematic. Critically searching for, saving, or processing articles about China on the internet could also be considered espionage. Companies may face increased restrictions when hiring consulting firms to collect local market data or when entering relevant sectors in the Chinese market.
The revised Anti-Espionage Law explicitly states that acts targeting third countries can also be subject to the law if they threaten China’s national security, suggesting that activities related to North Korea could be restricted. Academic experts on North Korea or journalistic activities such as filming in border areas may fall under the scope of this law.
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Meanwhile, foreigners who violate China’s Anti-Espionage Law may be deported if they do not leave the country within the designated period. A newly added provision also bans re-entry for 10 years following deportation.
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