Measures for Cybersecurity Reviews

Measures for Cybersecurity Reviews
Measures for Cybersecurity Review

Order of the Cyberspace Administration of China, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of State Security, Ministry of Finance, Ministry of Commerce, People's Bank of China, State Administration for Market Regulation, National Radio and Television Administration, National Administration of State Secrets Protection and State Cipher Code Administration No. 6

April 13, 2020

The Cyberspace Administration of China, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of State Security, the Ministry of Finance, the Ministry of Commerce, the People's Bank of China, the State Administration for Market Regulation, the National Radio and Television Administration, the National Administration of State Secrets Protection and the State Cipher Code Administration have jointly formulated the Measures for Cybersecurity Reviews, which are hereby promulgated.

Zhuang Rongwen, Director of the Cyberspace Administration of China
He Lifeng, Chairman of the National Development and Reform Commission
Miao Wei, Minister of Industry and Information Technology
Zhao Kezhi, Minister of Public Security
Chen Wenqing, Minister of State Security
Liu Kun, Minister of Finance
Zhong Shan, Minister of Commerce
Yi Gang, Governor of the People's Bank of China
Xiao Yaqing, Director of the State Administration for Market Regulation
Nie Chenxi, Director General of the National Radio and Television Administration
Tian Jing, Director General of the National Administration of State Secrets Protection
Li Zhaozong, Director General of the State Cipher Code Administration

Measures for Cybersecurity Reviews

Article 1 The Measures are enacted in accordance with the National Security Law of the People's Republic of China and the Cybersecurity Law of the People's Republic of China to ensure the security of the supply chain of critical information infrastructures and to safeguard national security.

Article 2 The procurement of any network product or service by an operator of critical information infrastructure (the "operator") that affects or may affect national security shall be subject to a cybersecurity review under the Measures.

Article 3 During a cybersecurity review, the security of any product or service, any national security risk that may be brought about and other areas shall be reviewed, with an insistence on prevention of cybersecurity risks combined with promotion of the application of advanced technology, procedural fairness and transparency combined with protection of intellectual property, prior review combined with ongoing oversight, and corporate commitments combined with social supervision.

Article 4 Led by the Central Cyberspace Affairs Commission (the “CCAC”), the Cyberspace Administration of China (the “CAC”), in collaboration with the National Development and Reform Commission of the People's Republic of China, the Ministry of Industry and Information Technology of the People's Republic of China, the Ministry of Public Security of the People's Republic of China, the Ministry of State Security of the People's Republic of China, the Ministry of Finance of the People's Republic of China, the Ministry of Commerce of the People's Republic of China, the People's Bank of China, the State Administration for Market Regulation, the National Radio and Television Administration, the National Administration of State Secrets Protection, and the State Cipher Code Administration, will establish a national cybersecurity review mechanism.
The Cybersecurity Review Office (the “CRO”) set up under the CAC shall be responsible for developing the relevant policies and rules for cybersecurity reviews and organizing cybersecurity reviews.

Article 5 An operator, when procuring a network product or service, shall predict any national security risk that may arise after the use of such product or service.
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