国际通信出入口局管理办法 Administration of International Communications Gateway Exchanges Procedures

ns Service Gateways and may not discriminate against them. They may not provide international communications transmission channels to telecommunications service providers that have not received approval to establish International Communications Service Gateways.

　　Article 19　Telecommunications service providers that have established International Communications Channel Gateways may lease private international communications transmission channel lines to subscribers and shall establish a central subscriber filing system. Such private international communications transmission channel lines may only be used for point to point communications within the specified service scope； and they shall be for the subscribers' internal use only and may not be used to provide telecommunications services.

　　The lease of private international communications transmission channel lines by providers of VSAT communications services shall be handled in accordance with the preceding paragraph.

　　Article 20　Telecommunications service providers that establish International Communications Gateways shall simultaneously construct commensurate ancillary information security facilities and may only commence operations after examination and acceptance thereof by the Ministry of Information Industry. When altering or expanding International Communications Gateways， the normal operation of the ancillary information security facilities must be ensured.

　　Article 21　Telecommunications service providers that establish International Communications Gateways shall establish sound security management systems and implement technical precautions so as to ensure the secure and reliable operation of their networks. If an International Communications Gateway experiences a serious malfunction or serious security problem， the relevant telecommunications service provider shall be notified in a timely manner， emergency measures shall be taken to restore normal operations and the matter shall be reported to the Ministry of Information Industry within 24 hours after the occurrence of the event.

　　Article 22　The establishment of virtual network

s via internet international gateways with the aim of providing telecommunications services shall be reported to the Ministry of Information Industry for its approval. The establishment of virtual private networks for internal use via internet international gateways shall be reported to the Ministry of Information Industry for the record.

　　Article 23　Telecommunications service providers that establish International Communications Gateways shall be under obligation to cooperate in security inspections carried out by the relevant State authorities in accordance with the law and the corresponding measures such authorities take.

　　Article 24　Twice a year， by June 30 and by December 31， telecommunications service providers that have established International Communications Gateways shall report relevant details of their International Communications Gateways to the Ministry of Information Industry and the communications administration of the province， autonomous region or municipality directly under the central government where they are located in accordance with the requirements of the Ministry of Information Industry. The specific information to be included in， and the requirements concerning， such reports are set forth in the Addendum hereto. The Ministry of Information Industry may， in accordance with actual circumstances， make adjustments to the specific information to be included in， and the requirements concerning， the materials to be submitted set forth in the Addendum and publish the Addendum anew.

　　Article 25　Telecommunications service providers that have not obtained the right to operate international telecommunications infrastructure may not directly lease foreign international communications transmission channels， nor may they purchase， construct themselves or participate in the construction of international communications transmission channels.

　　Telecommunications service providers that have not obtained the right to provide international communications services may not lease international communications transmission channels to provide international communications services nor may they purchase， construct themselves or participate in the construction of international communications transmission channels.

　　PART FOUR　PENAL PROVISIONS

　　Article 26　If these Procedures are violated by establishing International Communications Gateways to engage in international communications without the approval of the Ministry of Information Industry， the Ministry of Information Industry or the communications administration of the province， autonomous region or municipality directly under the central government will ex officio issue an order to demolish the illegal international communications facilities within three days， confiscate the illegal income and impose a fine of not less than three times and not more than five times the illegal income； if there was no illegal income or such income was less than Rmb 50，000， it will impose a fine of not less than Rmb 100，000 and not more than Rmb 1，000，000； if the circumstances are serious， it will issue an order to suspend operations and to carry out rectification.

　　Article 27　If Article 11 hereof is violated by using Border Area International Communications Gateways to switch telecommunications services beyond the area， the Ministry of Information Industry or the communications administration of the province， autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter within two days， confiscate the illegal income and impose a fine of not less than three times and not more than five times the illegal income； if there was no illegal income or such income was less than Rmb 50，000， it will impose a fine of not less than Rmb 100，000 and not more than Rmb 1，000，000； if the circumstances are serious， it will issue an order to suspend operations and to carry out rectification.

　　Article 28　The Ministry of Information Industry or the communications administration of the province， autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of not more than Rmb 30，000 if these Procedures are violated by：

　　（1） establishing an International Communications Gateway without the approval of the Ministry of Information Industry but not yet having engaged in international communications；

　　（2） establishing without the approval of the Ministry of Information Industry a virtual network via an internet international gateway with the aim of providing telecommunications services； or

　　（3） a telecommunications service provider's providing assistance to a third party to engage in international communications while bypassing International Communications Gateways.

　　Article 29　If an operator of international communications channels violates Article 18 hereof by taking discriminatory measures when providing international communications channels to a telecommunications service provider that has received approval to establish an International Communications Service Gateway or by providing international communications channels to a telecommunications service provider that has not received approval to establish an International Communications Service Gateway， the Ministry of Information Industry or the communications administration of the province， autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of not less than

　　Rmb 10，000 and not more than Rmb 30，000.

　　Article 30　If Article 17， 19， 20， 21， 23 or 24 hereof is violated by failing to comply with provisions when constructing， administering or using international communications channels， by failing to perform obligations or by failing to submit materials to the Ministry of Information Industry in accordance with provisions， the Ministry of Information Industry or the communications administration of the province， autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of Rmb 10，000. The relevant persons in charge shall be subjected by their work units to disciplinary punishment commensurate with the seriousness of the circumstances. If the violation constitutes a criminal offence， criminal liability shall be pursued.

　　Article 31　If Article 25 hereof is violated， the Ministry of Information Industry or the communications administration of the province， autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of Rmb 10，000.

　　PART FIVE　SUPPLEMENTARY PROVISIONS

　　Article 32　The establishment of International Communications Gateways by non-commercial internet international interconnection work units shall be administered by reference to these Procedures.

　　Article 33　These Procedures shall be implemented as of 1 October 2002.

　　Addendum：

　　1. Content of the materials that International Communications Channel Gateway operators are required to periodically submit：

　　（1） detailed addresses of the places where their International Channel Gateway is located；

　　（2） persons in charge and their contact telephones；

　　（3） details on the use of the channels including the accessible countries or regions， names of the enterprises at the opposite end， types of service carried and total corresponding communications capacity；

　　（4） n

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