Provisional Regulations On State Secret Key Management

Original Language Title: 国家秘密定密管理暂行规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398657.shtml

Provisional Regulations on State secret key management

    (March 9, 2014 the State secrecy Bureau 2014 released 1th come into force on the date of promulgation) Chapter I General provisions

    First to strengthen the national secret key management, standardized key under the People's Republic of China Law on guarding State secrets (hereinafter referred to as Act) and its regulations, these provisions are formulated.

    Article will be key in these rules refers to State secrets, State organs and units involved (hereinafter referred to as organ or unit) shall determine the activity, alteration and termination of State secrets.

    Third organ, will be key, as well as key responsible persons determined, will be working on key mandates and key supervision, these provisions shall apply.

    Fourth organ or entity key should adhere to the minimum, the principles of precision, power and responsibility, based on the full, program specifications, timely and accurate to ensure State security, and facilitate the rational use of information resources.

    Fifth State organs and units shall conduct cryptographic work, and establish a sound management system, regularly organizes training and checks, accepting confidential administrative departments and authorities, units or departments of guidance and supervision.

    Chapter key authorization

Sixth Central Government agencies, provincial authorities and city divided into districts, autonomous prefecture-level agencies (hereinafter referred to as authorized body) according to their needs or organs, the units authorized application key.

    Confidential administration authorities within the scope of list should be announced. Seventh central State organs can be granted for operations within the scope of the work to the top secret level, secret-level classified State secrets secret and right decision. Provincial authorities in charge of the business scope of work or within their respective administrative regions granted top-secret level, secret-level classified State secrets secret and right decision.

Districts of the city, prefecture-level agencies are in charge of the business operations within or within the administrative area of the grant secret and classified State secrets secret right decision. Key authorization may not go beyond the powers of the authorized body.

    Authorized organ or entity without further authorization.

    Eighth authorizes organ needs, you can assume this authority within the powers of secret scientific research, organ or unit of production or other related tasks, key mandates on specific matters.

Nineth has no secret right but often with an organ or entity in State secrets, or key rights but often have exceeded its powers of State secret organ or entity, may apply to the authorities and key authorization.

Government Unit, units will be key authorization should be submitted to its parent departments; no parent departments, should be submitted to its parent bodies.

    Fixing of key organs, units authorized, shall be stated in writing applied for under the powers, scope, mandate and request basis and reason. Tenth after the authorities received secret permission request shall, in accordance with privacy laws and regulations and the scope of State secrets and the secrets of (hereinafter referred to as scope of confidentiality) for review.

To comply with licensing conditions, key authorization decisions should be made; the licensing conditions are not met, would not be authorized by a decision should be made.

    Key authorization decisions should be made in writing and expressly authorized organ or entity name and specific key permissions, scope, mandate.

11th empowers the authority should be empowered, and supervise the implementation of the right to carry out the delegated key, to find the problem corrected.

    Confidential Administrative Department found improper secret authorization or authorized organ or entity improperly exercised the right conferred by the key, shall notify the relevant authorities, units correct.

12th authorized bodies, formations are no longer produced within the scope of authority of State secrets, or adjustments to the scope of licensing considerations of confidentiality ceases to be a State secret, and empowers key organ is required to revoke authorization.

    Adjusted change in licensing matters classified due to confidentiality matters, licensing authority shall renew key authorization. 13th Central State organs, authorization and revocation decisions to provincial authorities, National Security Administration Department for record.

Districts of the city, prefecture-level organs of authorization and revocation decisions, secrecy administrative departments of provinces, autonomous regions and municipalities.

    Organ or entity receiving secret authorization decision or cancel key authorization decisions, shall be submitted to confidential administrative departments at the same level for the record.

    Chapter key responsible persons

14th institution, head of unit for the organs, the key responsible persons of the units, the key job responsibility.

In accordance with the needs, organs, heads of units you can specify this organ, and other leaders, headed by agency heads or other staff responsible for key, and clear the appropriate powers.

    Organ or entity specified for key person should be familiar with the secret service, in the secret work of the basic conditions are met.

    15th State organs and units shall in this organ, publish lists of key responsible persons of the units and their powers, and secrecy administrative departments at the same level for the record.

    16th organ or entity, be key responsible persons and contractors should be subjected to secret training, familiar with the key responsibilities and scope of confidentiality, master key procedures and methods.

17th, head of unit designated set down key responsibility for failing to perform their key responsibilities, should be corrected in a timely manner; have one of the following circumstances, adjustments should be made for:

(A) the key incorrectly, serious;

(B) post separation can no longer perform key duties;

(C) confidential Administration proposed for revision;

    (D) not engaged in secret work for other reasons.

    The fourth chapter of State secrets to determine 18th State organs and determine the scope of State secrets should be based on confidential matters.

    Scope of confidentiality is not clearly defined but confidentiality laws stipulated in the Nineth and tenth, should be established as a State secret.

19th the following matters shall not be determined to be State secrets:

(A) the need to widely known or public participation;

(B) as secrets, business secrets and personal privacy;

(C) has been open or can't control access scope;

    (D) the laws, regulations or the relevant provisions of the State open. 20th organ or entity arising out of a State secret has the right to secret, it shall determine the range of secrets, confidential terms and be aware of.

No secret right, shall initially take security measures, and immediately report to the superior authority of key, the unit identified; no superior authority, units, should be immediately brought to the corresponding powers of competent authorities or confidential administrative departments.

    Executive authorities organs, units, units, or other organs, the unit has key issues arising from the State secrets, according to the execution or processing of State secrets of the secret, privacy terms and access scope.

    21st State organs, State secrets, should be carried out in accordance with legal procedures, and to provide a written record, indicate the undertaker, key responsibilities and key evidence. Specific of the 22nd State secrecy in General, the term should be days, months, or years; do not identify specific periods, decrypt the decryption time or conditions should be identified.

National Declassification of secret conditions should be clear, specific, and legitimate.

    Except as expressly provided in scope of confidentiality, secrecy period State secrets shall not be identified as long term. 23rd access scope of State secrets shall be marked on the State carrier.

    Cannot be identified, it shall notify the organs, units or personnel is aware of. 24th State secret is established, which should include national secrets in State secrets on the carrier logo.

State flags in the form of "secret ★ periods", "secret ★ decryption time" or "secret ★ decryption." Paper and electronic document State secret state flags to the carrier, shall comply with the relevant national standards. The absence of national standards, should be marked in the lower left corner of the cover page or title of prominent positions.

Optical, magnetic and other countries secret carrier equipment, products and classified as State secrets the State flag, should be marked in the shell and cover and outer packaging of prominent positions.

Secrets of the State flag should be inseparable with the carrier, clear and easy to identify. Unable to make or not to make any State secret marks, determines the State secret State organs and units shall notify the organs, units or personnel is aware of.

    Not indicate the condition of secrecy or decrypt, and no written notification of a State secret, their secrecy period according to the top secret level 30 years, secret level for 20 years, secret level matters for ten years.

The 25th article of the cooperation of two or more bodies, State secrets, hosted by the organ or entity determined after consultation with the organised institutions, units.

    Key work of temporary work agencies, borne by organ or unit is responsible for the daily work of the Agency.

    Fifth chapter state changes

26th under any of the following circumstances, State organs and units shall be identified on the State secrets classified, confidential terms or access scope to make changes in a timely manner:

(A) key on the basis of laws and regulations or changes in the scope of the matters of confidentiality;

(B) disclose the extent of the damage to national security and interests after significant changes.

    If necessary, authorities, units or departments can be changed directly subordinate organs, units determine the security classification of State secrets, secrecy or access scope.

    27th State organs, units need extension of identified issues of State secrecy, should take a decision before the expiry of the confidentiality period; extension of confidentiality period cumulative period exceeding scope of confidentiality provisions, the scope of such confidential matters shall be reported to the relevant central authorities, relevant central authority shall take a decision after receiving the report in the 30th.

28th State organ or unit within the secret knowledge, within the scope of its staff is not aware of, but because of work, aware of State secrets shall be approved by the heads of State organs and units.

Outside the scope of State secrets is aware of the organs, organizations and their personnel, because of work, knows State secrets, agreed with the authorities, shall be subject to the original key.

Original key organ or entity expressly provided for expanded access scope should comply with its provisions.

    Expand the scope of State secrets is aware of detailed records should be made.

29th state change and made written records in accordance with State secrets procedures.

    State secrets after the change, original key State organs and units shall, without delay, in the former State secrets secret signs near fresh country flags. 30th State organ or unit change of State secrets, secret, confidential, or is aware of the scope of the term, it shall notify the organs, units or personnel is aware of.

After receiving the notice of relevant organs, units or personnel should be close to the national secret symbol indicating change of secrets, privacy terms and access scope.

    Extended periods of notice in writing shall be served prior to the scheduled expiry of the confidentiality period it is aware within offices, units or personnel.

    Sixth chapter of State secrets release

31st State organs and units shall be determined each year on the State Audit, any of the following circumstances, timely decryption:

(A) confidentiality laws or adjusted the scope of confidentiality is no longer classified as State secrets;

(B) the public would not jeopardize national security and interests, need not remain confidential.

    Organs or entities audited by decryption, on the organ, the unit or lower bodies, units are still in a period of State secret decisions public, officially announced as a decryption.

    Specific periods of the 32nd State secrets is full, decrypt, decrypt the time or the conditions, self decrypting.

    Article 33rd scope clearly defined confidential matters confidential for a period of long-term State secrets, State organs and units shall not be allowed to decrypt; absolutely necessary to decrypt and scope of such confidential matters shall be reported to the relevant central authorities, relevant central authority shall take a decision after receiving the report in the 30th.

Article 34th except decrypted outside on their own, State secrets release procedures to be determined in accordance with the State secret and make a written record.

    State secrets after the termination of the relevant organs, units or personnel should be close to the original state flags made in time to decrypt flags.

    35th except for self decrypt and officially announced, a State organ or unit lift State secret, shall notify the organs, units or personnel is aware of.

Article 36th organ or entity arising out of a State secret, decrypted need open, procedures should be in accordance with the information security review.

Authorities, units for decryption does not belong to this body, this unit produces a State secret, public, agreed with the authorities, shall be subject to the original key. Organs or entities public declassified documents, and shall not retain any State secret signs.

    State flags as well as content belonging to sensitive information, delete, covering such cases should be handled.

37th State organs, units for the proposed transfer of State Archives at all levels of the State archives in the period, decrypt audits should be carried out, to this institution, this unit meets the conditions for decryption of files should be decrypted. 

    Had to transfer at all levels national archives belonging to the State secret file, decrypt it formulated by the National Security Administration Department in conjunction with the national archives and Records Administration separately.

    Seventh chapter close supervision

    38th State organs and units shall, on a regular basis, the unit keys and key responsible persons to perform duties, check key authorization key system implementation, to find the problem corrected.

39th State organs and units shall report this to similar secrecy administrative organs, the annual State secret statistics.

    Next level of secrecy administrative departments shall keep secret up administration report annual key work of their respective administrative areas.

40th central State organs shall, in accordance with the present system, the industry is key to guide and supervise the work.

    Higher authorities, units or departments find lower bodies, improper units will be key, should inform the correct, or you can directly identify, modify or rescind the decision. 

    41st secrecy administrative departments shall, in accordance with the organ or entity key guidance, supervision and inspection work, to find the problem corrected or to order the rectification.

    The eighth chapter legal liability

42nd key responsible persons and contractors in violation of the provisions of, any of the following acts, State organs and units shall promptly correct criticism and education, causing serious consequences, according to discipline shall be subject to punishment:

(A) shall determine the undetermined state secret;

(B) should not determine State secret;

(C) beyond the key right key;

(D) in accordance with statutory procedures, secret;

(E) sign of callout not according to stipulations State secrets;

(Vi) is not on the required change of State secrets, secrets, confidential terms, the scope of knowledge;

(VII) failure to decrypt the audit;

(H) shall not relieve the discharged state secrets;

(IX) State secrets shall be withdrawn and not cancelled;

    (J) other acts in violation of these provisions.

    43rd State organs and units failing to perform key management responsibilities, leading to keys not working properly, should give notice of criticism, causing serious consequences, directly responsible shall be investigated for managers and other personnel responsibilities.

    The Nineth chapter supplementary articles

The 44th article of the provision the meaning of the following terms:

(A) "Central Government" includes the central agencies and departments of the CPC, democratic parties of the central organ, the national people's Congress, the CPPCC organs, the Supreme People's Court and the Supreme People's Procuratorate, directly under the State Council and its departments, and ad hoc bodies, organizations directly under the management of ministries and agencies, affiliated institutions, National Council, as well as central agency systems management direct management institution system of mass organizations;

(B) "provincial authorities" include provinces (autonomous regions and municipalities) party committees, people's congresses, Governments, CPPCC organs and people's courts and people's procuratorates;

(Three) "set district of city and autonomous level of organ" including to (city, and State, and AU, and district) party, and NPC, and Government, and CPPCC organ, and Court, and people's Procuratorate, province (autonomous regions, and municipalities) directly under the organ and civic, Central State set in province (autonomous regions, and municipalities) of directly under the institutions, province (autonomous regions, and municipalities) in area, and au established of sent institutions;

    (D) the Nineth referred to "regular" refers to average more than six in nearly three years of State secrets.

    45th all regions and departments in accordance with this provision, develop local State secret key management in this sector-specific approach.

    46th public security and State security organs, be key mandates and key responsible persons to determine specific measures by the State administration authorities and the public security, the national security service shall be separately formulated by the State Council. 47th article of the regulations come into force on the date of promulgation. On September 19, 1990, issued by the State secrets Bureau, 2nd State secret of the confidentiality requirement and on October 6, 1990 the State secrecy Bureau, released by the National Bureau of technical supervision, 3rd in the State secret documents, materials and other items marking regulations repealed at the same time.