Crossing Borders has been operating in China since 2003 and we have been doing so without the permission of the Chinese government. Short of China changing its laws to accommodate foreign NGOs, we will continue to operate under the radar. While we have not been directly impacted, we have witnessed China’s shifting stance on foreign organizations doing work in China in recent years. Many companies and workers have been forced out and banned from ever returning to the country without explanation. China also recently changed their laws in order to justify the arrest and detention of foreign workers.
China revised their spy law that significantly expanded Beijing’s definition of espionage on July 1, 2023, in ways that would include the activities of aid workers like Crossing Borders’ missionaries and local staff. In particular, the new law empowers the current administration to conduct extensive investigation into suspected espionage activities and punish what China interprets as a threat to its national security.
WHAT HAS CHANGED?
Even though China’s pre-existing espionage law already imposed harsh punishments, including life in jail and execution in extreme cases. The broadened provision now recognizes an espionage offense that is “non-criminal” in nature. This can be a simple meeting with the wrong person or being at the wrong place at the wrong time. According to Jeremy Daum, a senior research fellow at Yale’s Paul Tsai China Center, this expansion in power will likely have a “chilling effect on Chinese citizens who have contact with foreigners and foreign organizations.
Additionally, compared with the existing anti-espionage law in 2014, the 2023 update authorizes state security entities to detain a suspect for up to 15 days and fines for non-criminal acts of espionage. This means that any act can be construed by the Chinese government as espionage if the Chinese government has reason to see it as such. Under this expansion, there is now a clear legal basis for additional administrative measures like suspending businesses or revoking licenses.
The new law also expands the investigative powers of state security arms in investigating espionage activities to inquire into “the relevant property information of persons suspected of acts of espionage,” which could include data and information on personal smartphones and laptops. Moreover, Article 33 allows the authorities to impose exit bans on suspected individuals deemed a potential national security risk, regardless of their nationality. In short, it gives the Chinese government the right to seize, search and even detain with what they deem as probable cause.
WHAT CONSTITUTES ESPIONAGE?
The definition of espionage has also been expanded under the new law. While the previous law mainly focused on state secrets and intelligence, the revised law encompasses any document, data, materials, or cyberattacks related to national security and interests. However, China's national security and interests are not specifically defined, allowing authorities considerable discretion.
Due to China’s holistic view of “national security” and “national interests,” the overall ambiguity of the new espionage law would increase risks for foreign organizations working near the North Korean border. The increased ambiguity and broad scope of the law raise concerns about the potential targeting of individuals and foreign organizations operating near the North Korean border. The true impact of this law on foreign citizens and organizations in China is yet to be seen.
HOW ARE CROSSING BORDERS OPERATIONS AFFECTED?
Throughout our time serving in China, their political and legal reach has only increased in both scope and power. While this latest move may have implications on our ability to reach and help refugees in China, it does not come as a surprise. By God’s grace, Crossing Borders has been able to maintain operations in spite of the ever-evolving landscape in China. As with any situation, ours can change without notice in China. Our contingency plans try to keep up with China’s fluid laws but our primary objective is to protect North Korean refugees, even if that means walking away. But for now, we are grateful for the work that continues in China.
From the very beginning in 2003, we have taken each day as a gift from God. To think that we have been allowed to continue in this environment is a miracle.
