Table 1.
Laws Ascribing National Security Roles to Chinese Firms
NameYearNotable clauses
Counter-Espionage Law 2014 Citizens and organizations shall facilitate and provide other assistance to counter-espionage efforts (Article 4); state protects and rewards those who make major contributions to this effort (Article 7). 
National Security Law 2015 Establishes “economic security” and “financial stability” as pillars of national security (Articles 19, 20). Enterprises, among other organizations, have responsibility and obligation to preserve national security (Article 11), and shall cooperate as required by national security efforts (Article 78). 
Counter-Terrorism Law 2015 Telecommunications operators and Internet service providers shall provide technical interfaces, decryption, and other technical support assistance to state organs conducting prevention and investigation of terrorist activities (Article 18). 
Cybersecurity Law 2016 Network operators shall protect cybersecurity, accept supervision from the government and public, and bear social responsibility (Article 9). Network operators shall provide technical support and assistance to state organs related to national security (Article 28). 
National Intelligence Law 2017 Organizations and citizens shall support and cooperate with the state intelligence work (Articles 7, 14). 
National Security Law of Hong Kong 2020 Criminalizes separatism, subversion, terrorism, and collusion with foreign countries or “external elements” deemed to endanger national security. Applies to “any institution, organization or individual” in Hong Kong (Article 6) or outside of China (Article 29). 
Anti–Foreign Sanctions Law 2021 Organizations/entities/individuals must follow these rules: they may be subject to countermeasures if they are involved with “discriminatory restrictive measures against Chinese citizens and organizations” (Article 4); they must implement anti–foreign sanction measures (Article 11); they must not aid in implementing sanctions imposed by other countries (Article 12). 
Data Security Law 2021 Expects departments, industry organizations, enterprises, and individuals to protect data security (Article 9); prohibits domestic entities from providing critical data to foreign countries (Article 31). 
NameYearNotable clauses
Counter-Espionage Law 2014 Citizens and organizations shall facilitate and provide other assistance to counter-espionage efforts (Article 4); state protects and rewards those who make major contributions to this effort (Article 7). 
National Security Law 2015 Establishes “economic security” and “financial stability” as pillars of national security (Articles 19, 20). Enterprises, among other organizations, have responsibility and obligation to preserve national security (Article 11), and shall cooperate as required by national security efforts (Article 78). 
Counter-Terrorism Law 2015 Telecommunications operators and Internet service providers shall provide technical interfaces, decryption, and other technical support assistance to state organs conducting prevention and investigation of terrorist activities (Article 18). 
Cybersecurity Law 2016 Network operators shall protect cybersecurity, accept supervision from the government and public, and bear social responsibility (Article 9). Network operators shall provide technical support and assistance to state organs related to national security (Article 28). 
National Intelligence Law 2017 Organizations and citizens shall support and cooperate with the state intelligence work (Articles 7, 14). 
National Security Law of Hong Kong 2020 Criminalizes separatism, subversion, terrorism, and collusion with foreign countries or “external elements” deemed to endanger national security. Applies to “any institution, organization or individual” in Hong Kong (Article 6) or outside of China (Article 29). 
Anti–Foreign Sanctions Law 2021 Organizations/entities/individuals must follow these rules: they may be subject to countermeasures if they are involved with “discriminatory restrictive measures against Chinese citizens and organizations” (Article 4); they must implement anti–foreign sanction measures (Article 11); they must not aid in implementing sanctions imposed by other countries (Article 12). 
Data Security Law 2021 Expects departments, industry organizations, enterprises, and individuals to protect data security (Article 9); prohibits domestic entities from providing critical data to foreign countries (Article 31). 

Sources: Standing Committee of the National People's Congress, “Counter-Espionage Law of the PRC,” China Law Translate, November 1, 2014, https://www.chinalawtranslate.com/en/anti-espionage/; Standing Committee of the National People's Congress, “Counter-Terrorism Law of the People's Republic of China,” China Law Translate, December 27, 2015, amended April 27, 2018, https://www.chinalawtranslate.com/en/counter-terrorism-law-2015/; Standing Committee of the National People's Congress, “2016 Cybersecurity Law,” China Law Translate, November 7, 2016, https://www.chinalawtranslate.com/en/2016-cybersecurity-law/; Murray Scot Tanner, “Beijing's New National Intelligence Law: From Defense to Offense,” Lawfare, July 20, 2017, https://www.lawfareblog.com/beijings-new-national-intelligence-law-defense-offense; National People's Congress, “Anti–Foreign Sanctions Law of the PRC,” June 10, 2021, http://www.npc.gov.cn/npc/c30834/202106/d4a714d5813c4ad2ac54a5f0f78a5270.shtml; “Data Security Law of the PRC,” Anquan neican [Internal security documents], June 12, 2021.

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