Laws of the People's Republic of China

Circular of the State Bureau of Surveying and Mapping, the Ministry of Education, the Ministry of Science and Technology, the Ministry of State Security, the General Administration of Customs, the National Tourism Administration, the National Administration for the Protection of State Secrets on Strengthening the Administration of Foreign Organizations or Individuals Engaging in Surveying and Mapping in China

Guo Ce Guan Zi [2006] No.36

The competent departments of surveying and mapping, the departments (bureaus, commissions)of education, science and technology, and security of each province, autonomous region, municipality directly under the Central Government, and city specifically designated in the state plan, the sub-administration of customs of Guangdong, the Special Commissioner's Offices in Tianjin and Shanghai and the customs offices directly under the General Administration of Customs; the National Tourism Administration, and the National Administration for the Protection of State Secrets:

Surveying and Mapping and its results have a direct bearing on the State secrets and State security. Nowadays, with China's deepening reform and opening up, the demand of foreign organizations or individuals (hereinafter referred to as foreigners) conducting surveying and mapping in China is on the rise. Some foreigners come to China to conduct illegal surveying and mapping or steal our country's important geographic information-data illegally, and some domestic entities, despite repeated prohibitions, do not stop their unapproved joint-ventures or cooperation with foreigners to conduct surveying and mapping and these illegal activities increase which have constituted a hidden threat to the State security. With a view to strengthen administration on foreigners' surveying and mapping activities in China, and to safeguard State security, a circular concerning the relevant work is hereby given as follows:

1.

Unifying thinking and further raising our awareness of State security and secrets

In the recent years, some foreigners conduct illegal surveying, gathering, handling of China's geospatial information-data, identify the country's important target locations, and publish the important geographic information-data concerned without approval. These illegal activities have caused a bad affect on politics and brought a hidden threat to the State security. Each department shall, from the height of safeguarding State security and sovereignty, and of upholding our national dignity, raise our recognition of the importance of surveying and mapping, and also intensify our sense of urgency and responsibility on foreigners' engagement in surveying and mapping in China. We shall conscientiously study and analyze the current problems, unify our thinking, and further raise our awareness of State security and secrets. They shall coordinate closely and adopt effective measures so that we can be responsible for strengthening administration on foreigners' surveying and mapping activities in China respectively in accordance with the scope of duties.

2.

Accelerating system construction so as to standardize administration on foreigners' surveying and mapping activities in China

With a view to accelerating the construction of the system of administration on foreigners' surveying and mapping activities in China, the State Bureau of Surveying and Mapping shall, at an early date, promulgate regulations governing foreign organizations or individuals conducting surveying and mapping in China to explicitly prescribe how foreigners can be engaged in surveying and mapping in China, their business range, specific examination and approval procedurals, and supervision. The State Bureau of Surveying and Mapping and the National Administration for the Protection of State Secrets shall set detailed requirements on secrets administration concerning foreigners'surveying and mapping in China and shall in accordance with Regulations of the People's Republic of China on the Administration of Surveying and Mapping Results promulgated by the State Council, study and formulate specific provisions on submission of the results of foreigners' surveying and mapping in China. They shall also step up improvement in administration system of supplying China's surveying and mapping results to foreigners, tighten the examination and approval of supplying the surveying and mapping results and intensify supervision of the use of the results.

3.

Intensifying whole-process supervision and eradicating illegal surveying and supervision by strictly controlling entry and exit.

Where the customs discovers anyone who is suspect of trying to carry surveying and mapping results involving State secretes out of the country's territory, it shall handle the case under the relevant provisions in Law on the Protection of State Secrets, and if the case constitutes a crime, the customs shall transfer the case to the State security organs or other judicial organs where the offender shall be subject to criminal responsibility. The relevant departments shall reinforce secretes inspection of foreigners'results of surveying and mapping in China, intensify and improve administration of the publishing and transmitting of China's geographic information-data on the internet, and prevent the foreigners from carrying or transmitting surveying and mapping results involving State secretes out of the country's territory. We shall enhance the supervision of surveying and mapping activities in cooperation programs such as on scientific researching, teaching, or travel exploration. The departments such as science and technology, education, tourism shall straighten out foreign related programs involving surveying and mapping activities which have been approved since this year, and prohibit foreigners who are not approved by the competent department of administration on surveying and mapping to conduct any form of surveying and mapping activities within the territory of China. The approved relevant programs involving surveying and mapping activities shall also undergo complete-process supervision of their surveying and mapping activities so that occurrences of exceeding the approved range of surveying and mapping can be eradicated. They shall tighten dynamic supervision of surveying and mapping market. The surveying and mapping department shall control the market accession of surveying and mapping in a strict manner, set up daily inspection mechanism for surveying and mapping activities, conduct follow-up supervision of foreign related surveying and mapping activities, tighten examination effort, discover and eradicate illegal surveying and mapping activities in a timely manner.

4.

Stepping up law enforcement to punish severely illegal acts. Where foreigners conduct surveying and mapping in China without approval or exceeding the approved range , their tools and results of surveying and mapping shall be confiscated pursuant to law by the department of surveying and mapping, and shall be subject to punishment in line with law. Where people provide foreigners surveying and mapping results pertaining to State secretes, or people carry surveying and mapping results pertaining to State secretes without approval out of the country's territory, the State secrete guarding department shall handle the case pursuant to law. Where websites publish or transmit surveying and mapping results pertaining to State secretes, the relevant department shall handle the case under the law. Where the above-mentioned acts violate the State security law or criminal law, the cases shall be transferred to the State security organs or other judicial organs where the offenders shall be subject to criminal responsibility. In the event that foreign programs in China involving surveying and mapping fail to be submitted relevant report for approval in line with prescribed procedurals to the departments of education, science and technology, tourism, they will be ordered to suspend their surveying and mapping activities, and the case will be transferred to the surveying and mapping department for disposal pursuant to law. If accompanying people, receptionists find foreigners'unlawful surveying and mapping activities but fail to check them, their relevant business qualifications such as tour guide, interpreter, and surveying and mapping shall be withdrawn. If the circumstances are serious, they shall be subject to corresponding legal liabilities. Departments concerned shall carry out the rectification and standardization of geospatial information-data market order at an early date to guarantee the security of geospatial information-data pursuant to State secretes and intensify the cracking down of unlawful surveying and mapping conducted in China by foreigners.

5.

Reinforcing publicity and education and disseminating laws and regulations of surveying and mapping.

All departments concerned shall integrate publicity and education of laws and regulations of surveying and mapping with the work of their respective departments. They shall bring the publicity of Law of Surveying and Mapping into the focus of the Fifth Five-year Plan of Legal Popularization, expand the coverage of the publicity of Law of Surveying and Mapping by making full use of such Medias as newspaper, radio, television and internet. They shall also popularize the knowledge of laws and regulations of surveying and mapping among people in government institutions, villages, communities, schools, enterprises and entity units in order to disseminate laws and regulations of surveying and mapping and heighten the awareness of conducting surveying and mapping in line with law and of guarding secretes throughout society. The department of tourism and the State secrete guarding department shall include the administration of foreigners'surveying and mapping in China into relevant training textbooks, and carry out training through multiple channels and ways to increase the awareness of State security among administrators in relevant departments, receptionists and accompanying people including tour guides, interpreters, etc.

6.

Cooperating closely and stressing the implementation

All relevant departments shall attach great importance to tightening administration of foreigners' surveying and mapping in China and make good arrangement and deployment for this critical work. Meanwhile, they shall enhance coordination and cooperation and establish information notification, cooperation for investigation, and law case transfer systems at an early date so as to form a working mechanism of unified supervision, combination between strips and blocks (integration of departments and regions at different levels), and cooperation at different levels. They shall conscientiously administer foreigners' surveying and mapping in China to eradicate illegal surveying and mapping, eliminate the hidden threat to State security and ensure foreigners' orderly surveying and mapping in China under the law. In accordance with the spirit of the present circular, all departments concerned shall, through combining the realities of their respective work, formulate specific implementation opinions and do a good job in implementation.

The State Bureau of Surveying and Mapping

The Ministry of Education

The Ministry of Science and Technology

The Ministry of State Security

the General Administration of Customs

the National Tourism Administration

the National Administration for the Protection of State Secrets

August 4 2006