Opinions concerning Appropriately Limiting Specific Gravely Untrustworthy Persons from Traveling on Civil Aircraft for a Certain Period, and Promoting the Construction of the Social Credit System
All provincial, autonomous region, municipal and the Xinjiang Production-Construction Corps social credit system construction leading work units, spiritual civilization offices, higher people’s courts, finance offices (bureaus), human resources and social security offices (bureaus), the State Administration of Taxation, local taxation bureaus, all delegated agencies of the China Securities Regulatory Commission, all local civil aviation management bureaus, all transportation (general) airline companies, airport companies, the China Civil Aviation Information Group, airport public security bureaus:
In order to deeply implement the spirit of Xi Jinping’s Thought on Socialism in a New Era of Socialism with Chinese Characteristics and the 19th Party Congress, implement General Secretary Xi Jinping’s important instructions concerning building an overall credit punishment structure where “untrustworthiness in one place, leads to constraints everywhere”, according to the requirements of the “State Council Guiding Opinions concerning Establishing and Perfecting Systems for the Joint Encouragement of Trustworthiness and Joint Punishments of Untrustworthiness, and Accelerating the Construction of Social Sincerity” (GF No. (2016)33), prevent detrimental influence of the unlawful and untrustworthy conduct of some passengers on civil aviation security, further strengthen punishment against gravely unlawful and untrustworthy conduct in other areas, hereby, the following opinions are provided on limiting specific gravely untrustworthy persons from traveling on civil aircraft.
I, Scope of restrictions
(1) Passengers carrying out the following acts in airports or aircraft, who are subject to administrative punishment imposed by public security bodies or criminal liability:
- fabricating and wilfully disseminating false information about terrorism involving civil aviation or air defence security;
- falsifying, altering or illegally using another persons’ boarding identity document or boarding pass;
- blocking, forcibly occupying or attacking check-in desks, security check passages, boarding gates (jetways);
- personally carrying or consigning dangerous goods, forbidden goods or controlled goods determined in national laws and regulations; those wilfully concealing goods categorized as prohibited for civil aviation or controlled-transport in their carry-on or consigned baggage;
- forcibly boarding or attacking aircraft, forcing their way into or attacking aircraft cockpits, runways or tarmacs;
- obstructing or inciting other persons to obstruct flight crews, security guards, check-in staff and other civil aviation personnel in carrying out their duties, and carry out or threaten to carry out personal attacks;
- forcibly occupying seats or baggage racks, fighting or brawling, picking quarrels, or upsetting passenger cabin order, amongst others by wilfully damaging, stealing or opening without authorization civil aircraft or aviation facilities or equipment;
- using an open flame, smoking, or using electronic equipment in violation of regulations aboard civil aircraft, and not listening to dissuasion;
- stealing other persons’ property aboard aircraft.
(2) Persons responsible for gravely untrustworthy conduct in other areas
- parties in major cases of tax violations who have the capability to implement, but do not implement, the judgment;
- persons responsible for gravely untrustworthy conduct in the area of financial management and use, who have engaged in fraud and deception, have made fraudulent applications or claims, obtained assets through fraud, withheld or diverted funds, or are in arrears in maturing debts issued by foreign financial organizations or foreign governments;
- persons responsible for the gravely untrustworthy conduct in the area of social security, under the following circumstances: employing work units who do not participate in social security according to regulations and refuse to rectify the matter; employing work units who do not report social security payment numbers accurately and refuse to rectify the matter; those who should pay social security fees and have the capability to do so, but refuse to pay them; those who hide, divert, seize, or embezzle social security funds or invest them in operations in violations of regulations; those who fraudulently obtain social security benefits through deception, forging evidence materials or other means; social security service bodies who violate service agreements or relevant regulations; those who refuse to assist social science administration departments’ examination and verification of accidents and problems;
- those who have not paid fines or confiscated income for unlawful acts concerning securities or futures within the time limit; responsible subjects within publicly traded enterprises who have not carried out their public commitments within the time limit;
- those subject to consumption restriction measures adopted according to the law by a people’s court according to regulations, or have been entered on the name list for untrustworthy persons subject to enforcement;
- where relevant departments believe persons responsible for other gravely untrustworthy conducts should be barred from traveling in civil aircraft, and the relevant department will join this document, it shall be clarified through a revision of this document.
II, Information collection
(1) Collection of information concerning untrustworthy conduct by civil aviation passengers
The Civil Aviation Administration shall establish information delivery mechanisms in coordination with public security bodies and people’s courts. Where a public security body imposes punishment or there is a finding of criminal liability for acts listed in Part I, Section (1) of these Opinions, the public security body imposing the punishment decision or the people’s court making the judgment will deliver the name list to the Civil Aviation Administration, and the Civil Aviation Administration shall add then to the no-fly name list according to regulatory procedure.
(2) Information collection on untrustworthy conduct in other areas.
The National Development and Reform Commission, Supreme People’s Court, Ministry of Finance, Ministry of Human Resources and Social Security, State Administration of Taxation, and Securities Regulatory Commission will enter the name list of persons who these institutions determine should be barred from traveling in aircraft for gravely untrustworthy conduct into the nationwide credit information sharing platform, this will be sent from the platform to the Civil Aviation Administration which will enter them into the no-fly list according to regulatory procedure. If data transmission channels have already been established or name list information sharing is realized with the Civil Aviation Administration, it is permitted to maintain the original data transfer channels and information sharing method, and the national credit information sharing platform no longer needs to duplicate the transmission of the name list information.
Name list information provided to the Civil Aviation Administration shall include: the name, traveling ID number, and reason for listing on the no-fly list, where there is a legal document acting as basis, the name and number of the said legal document should be provided as well. Relevant departments shall determine a person to handle name list complaints, and will report this to the Civil Aviation Administration
III, Publication, implementation and restoration of privileges
The Civil Aviation Administration shall publish, on the first working day of every month, on a dedicated civil aviation website and the “Credit China” website, information on the no-fly list, the contact method for the person handling disputes in relevant departments shall be published simultaneously. The name list publication period will last for seven working days after the date of publication, within the publication date, persons on the list may put forward objections with the relevant department, after the end of the publication period, where persons on the list have not put forward an objection or the objection they put forward has been examined but rejected, implementation will begin. Where persons entered on the name list of persons barred from buying train tickets believe they have been listed erroneously, they may apply for review with relevant bodies or work units.
IV, Removal mechanisms
Specific gravely untrustworthy persons will be appropriately barred from traveling on civil aircraft for a certain period. After a relevant subject is removed from the no-fly list, they are no longer subject to restrictive measures from riding trains, the concrete removal method is as follows:
(1) Where a person is responsible for conduct gravely influencing civil aviation flight security or production security, the period of validity is one year, to be calculated from the end date of the period of publication, after one year, they are removed automatically.
(2) The no-fly list produced in other areas is valid for a period of one year, to be calculated from the end day of the publication period, after the year is finished, they are removed automatically; if their statutory duties have been completed or fulfilled within the period of validity, the relevant depart shall notify the General Railway Company to remove them from the name list within 7 working days.
Where escorted criminal suspects or convicted criminals need to fly, temporary deletion will be granted after the escorting department files an application with the Civil Aviation Administration
V, Litigation guidance
The Supreme People’s Court will strengthen guidance over all levels’ people’s courts, to deal according to the law with relevant civil lawsuits or administrative lawsuits triggered by the implementation of the no-fly list, it will clarify trial standards, administer justice impartially, in order to safeguard all sides’ lawful rights and interests.
VI, Propaganda work
All signatory work units to these Opinions and all aviation transport (general) companies, airport companies, and civil aviation-connected associations shall, with the assistance of all kinds of media platforms, give rein to their public opinion propaganda guidance role, forcefully launch civil aviation credit propaganda dissemination and education activities. Use the “Sincerity Event Week”, the “Secure Production Month”, the “Sincere Commerce Propaganda Month”, the “15 March International Consumer Rights Protection Day”, the “14 June Credit Record Care Day”, the “4 December National Legal System Propaganda Day” and other such public interest activities, to propagate the content and implementation situation of the system to restrict civil aviation travel, and assist the broad social public to learn about and supervise the implementation of this system.
This Notice will take effect on 1 May 2018.
National Development and Reform Commission
Civil Aviation Administration
Central Spiritual Civilization Office
Supreme People’s Court
Ministry of Finance
Ministry of Human Resources and Social Security
State Administration of Taxation
Securities Regulatory Commission
2 March 2018.
民 航 局
中 央 文 明 办
财 政 部
税 务 总 局
证 监 会