China Revised The State Secrets Law

The Law on Guarding State Secrets ("State Secrets Law"), originally enacted in 1988 and first revised in 2010, was revised for a second time by the Standing Committee of the National People's Congress ("NPC") on February 27, 2024 effective May 1, 2024. Although most laws undergo a third reading before finalization, this revision was approved after only two readings.

The timing of the approval is somewhat curious as it happened within two weeks of the annual meeting of the full NPC, but revision of the Law falls within the Standing Committee's scope of authority under the Law on Legislation.

The revised State Secrets Law inherits the original definition of "state secrets" which encompass a broad range of topics from national defense and foreign relations to finance and infrastructure. The continuity of ambiguity allows the government discretion in prosecution and enforcement, creating compliance challenges for businesses operating within China.