In April of this year, the Chinese Communist regime’s National People’s Congress passed sweeping reforms to the country’s counterintelligence law, which has been in place since 2014, to further restrict the transfer of any and all information that is related to national security.
The expansion of the law also aimed to give even more powers to the Xi Jinping regime to “prevent, deter and punish espionage activities” within Chinese territory.
The new regulation took effect in July and went on to define spying in China as “any irregular conduct that compromises national security”, whether committed by an espionage organization or by any citizen who was instigated or financed by an organization or individual.
The law also began to cover cyber attacks against critical information infrastructures related to the State and prohibited the collaboration of institutions in the national territory with international intelligence organizations and their agents.
As part of this new expanded counterintelligence law in April, the Chinese Ministry of State Security released an announcement earlier this month in which it stated that, from now on, the regime will mobilize the entire nation to participate “actively in counterintelligence work. ”.
The announcement was made by WeChat, the messaging application used by the Chinese, and urged the country’s citizens to get involved in “the detection and prevention of suspicious activities that may pose threats to national security”.
The measure in question aims to create an environment where the participation of the population in the fight against counterintelligence is considered “normal”. The Ministry of Security highlighted the importance of establishing “effective channels” for reporting “suspicious activities” and assured that it would “encourage” and financially “reward” citizens who contribute to this “effort”.
The Chinese regime claimed that the mobilization of the entire society in the counterintelligence campaign is necessary to face an “increasingly complex” situation in today’s world and denied that the campaign aims to “encourage the country’s citizens to spy on each other” or carry out any “mass movement to capture spies”.
According to the Chinese authorities, the fight against espionage with the participation of the population is a way to reassure those who are “eager to invest in the country”.
In recent years, China has taken several strong steps to combat spying, arresting a number of people, both Chinese nationals and foreigners, on suspicion of being involved in such activities.
The issue is that many of these arrests target activists and journalists who denounce human rights violations, corruption and abuses of power in China. They have been framed under the country’s espionage law, arrested on charges of espionage or subversion, and put on trial without substantive evidence. Some examples are lawyer Yu Wensheng, journalist Gao Yu, Swedish editor Gui Minhai and Canadian businessman Michael Spavor, all accused of espionage and arbitrarily detained.
It is precisely because of these arbitrariness that international observers have expressed their concerns about the new expanded law, emphasizing that it can be used to further repress and silence those who dare to question the Chinese regime. They also pointed out that the legislation could be used to prosecute more dissidents and more strictly scrutinize the regular activities of foreign companies in China.
According to analysts, the new regulation could also make it even more difficult for foreigners to contact Chinese citizens or entities, as these communications are now being regulated even more intensely.
An official from a Chinese government agency in charge of attracting foreign investment told Agência Lusa that he now has to “ask for authorization and clarify the reason before meeting with foreign entities”.
Jeremy Daum, a researcher at the Paul Tsai Center for China, from the Yale University School of Law, told Agência Lusa that the law attributes an air of suspicion to any “contact with foreigners”.
According to him, the law is written at a level “so abstract that it is not only possible, but an inherent part of its design, that Chinese authorities can interpret it as they wish”.
Law also affects people living outside China
The new Chinese law has a far-reaching impact, extending beyond China’s borders. Its lack of clarity creates uncertainty for those residing outside the country, especially for those who have family, professional or academic connections with Chinese citizens or entities.
This implies that individuals living abroad may be subject to suspicion or accusations of espionage simply for maintaining contact with Chinese citizens or organizations that have access to information considered “sensitive” by the communist regime.
In this way, it can cover situations such as a foreign journalist interviewing a dissident or critic of the Chinese regime, an academic collaborating with a researcher from the country, a businessman negotiating with a Chinese company or even a family member visiting relatives in China. Such actions can be interpreted as collaborating with espionage by the Chinese authorities.
In June, the United States issued a warning about China’s new counterintelligence law. They expressed concerns that US companies could fall under the law and face penalties for business activities considered normal in other countries.
The US National Center for Counterintelligence and Security (NCSC) stressed that China would consider the “outflow of data to be a threat to national security” and that the new laws could compel Chinese nationals employed by foreign companies to assist in efforts of Chinese intelligence.
The new law’s ambiguity is one of the United States’ biggest concerns, as it allows virtually any document, data, material or item to be deemed relevant to Chinese national security.
US Ambassador to China Nicholas Burns emphasized Washington’s determination to resist this pressure and protect US business interests.
The Chinese embassy in Washington reiterated its right to protect national security through domestic legislation and highlighted Beijing’s “ongoing commitment” to a law-based international business environment.
Since the enactment of the new Chinese law in April, US officials have seen a significant increase in inquiries from businesses and other groups about the risks associated with travel to China. In response, the US State Department has updated its travel advisory for China, warning of the risk of wrongful detention.
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