《反间谍法》导致“中国营商环境变差”纯属污蔑抹黑！
"The Counterespionage Law Leads to Worsening Business Environment in China": Nonsense!
2023年4月《中华人民共和国反间谍法》（以下简称《反间谍法》）修订通过以来，一些外部势力无中生有、颠倒是非、混淆视听，歪曲《反间谍法》立法本意，企图把其中部分内容炒作渲染为中方“营商环境变差”“泛化国家安全”的最新“例证”，鼓噪在华投资经营“不安全论”，抹黑中国国际形象，破坏中国稳定向好的经济发展局面，手段卑劣，用心险恶。
事实究竟如何？且来一一分辨。
Since the revision of the Counterespionage Law of the People's Republic of China (hereinafter referred to as the "Counterespionage Law") in April 2023, some external forces have concocted a new story out of nothing, creating confusion around what is right and wrong and distorting the original intent of the law so as to hype the theory that China is overstretching the concept of national security, thus it is unsafe to invest and operate in China. Their intention is to slander China's global image and undermine China's economic stability, which is despicable and deeply sinister.
What are the facts? Let’s sort them out.
《反间谍法》会不会干涉合法营商活动？
Will the Counterespionage Law Interfere with Legitimate Business Activities?
污蔑《反间谍法》“破坏营商环境”之流，不外乎炮制“中国将强制收集外国企业和人员在华数据”“正常获取商业信息的行为可能被当作间谍活动”“外国人在华安全风险上升”等言论。
Those who vilify the law as destructive to China's business environment are simply making up stories such as "China will make data collection on foreign enterprises and personnel mandatory," "normal access to business information may be treated as espionage activities," and "foreigners face increasing security risks in China."
事实真相是，《反间谍法》主要打击的是危害中国国家安全的间谍行为，不针对正常商业活动。修订后的《反间谍法》对间谍行为进行了清晰明确的界定，目的是防范、制止、惩治间谍行为，不针对在华合法经营、投资、从业的公司、人员及其活动。
The truth of the matter is that the Countgerespionage Law is primarily targeting espionage activities that endanger China's national security rather than normal business activities. The revised Counterespionage Law defines espionage activities clearly and unambiguously, with the purposes of guarding against, stopping, and punishing espionage, and does not target companies and persons that are legally operating, investing, or doing business in China.
近年来，美西方间谍情报机关针对我国的情报渗透活动越发猖獗，国家安全机关近期就曾披露破获的美国中央情报局（CIA）、英国秘密情报局（MI6)等境外间谍情报机关运用多种手段在我国开展间谍活动的案件。以立法形式防范打击间谍活动、维护国家安全更是世界各国的通行做法。面对严峻的反间谍形势，中国因时因势修订《反间谍法》是完全合情合理、正当正义的。所谓“干涉合法的商业活动”的谬论完全背离该法的立法本意，更不可能出现在执法过程中。
The intelligence infiltration activities conducted by the United States (US) and other Western espionage and intelligence agencies against China are becoming more rampant. The Chinese national security authorities have recently disclosed some cases committed by the Central Intelligence Agency of the US, the Secret Intelligence Service of the United Kingdom (UK), and other overseas espionage and intelligence services using various means to conduct espionage activities in China. It is a common practice for countries worldwide to prevent and combat espionage and to safeguard national security through legislation. In the face of a grim counterespionage situation, it is entirely reasonable and just for China to amend its Counterespionage Law in light of changing circumstances. The alleged interference with legitimate business activities completely departs from the original intent of the law; such interference will never appear in the course of its enforcement.
中国营商环境有没有变化？
Has China's Business Environment Changed?
从改革开放伊始到迈入新时代新征程，中国营商环境确实发生了重大变化。
From the beginning of its reform and opening up to the new era, China's business environment has indeed witnessed significant changes.
——更加规范。近年来，我国颁布实施《外商投资法》，并出台《外商投资法实施条例》《优化营商环境条例》等法规，持续打造市场化、法治化、国际化的一流营商环境。《反间谍法》也进一步明确了合法和非法的边界，增强了法律规则的确定性，减少了企业和个人违法的不确定性，为维护正常的商业活动秩序提供了法律保障。修订后的《反间谍法》正式施行以来，没有发生一起所谓“任意拘押外国人”事件，也没有一起针对国家安全机关执法行为的行政复议和行政诉讼案件。
●More standardized. In recent years, China has promulgated and implemented the Foreign Investment Law, the Implementing Rule of the Foreign Investment Law, and the Regulation on Optimizing Business Environment, persistently cultivating a first-class business environment that is market-oriented, legalized, and internationalized. The revised Counterespionage Law has further clarified the boundaries between legal and illegal activities, increased the certainty of legal rules, and reduced the uncertainties related to law-breaking behaviors of enterprises and individuals, thus providing legal safeguards for normal business activities. Since the revised Counterespionage Law came into force in July 2023, no foreigners have ever been arbitrarily detained. Nor has there been a single case of administrative review or litigation against the law enforcement of China's national security authorities.
——更加开放。近年来，我国不断完善外商投资权益保护机制，逐步缩减外商投资准入负面清单，扩大多领域市场准入，全面保障外商投资企业国民待遇，持续优化外国人来华和停居留政策。中国扩大开放、与各国共享发展机遇和红利的意志和步伐从未动摇和停止，未来也将以更大力度向前推进。
●Greater openness. In recent years, China has continuously improved its mechanisms for protecting the rights and interests of foreign investors, gradually reducing the negative list for foreign investment, expanding market access in various fields, comprehensively ensuring the national treatment of foreign-invested enterprises, and optimizing policies on the entry, stay, and residence of foreigners. China's pace of opening up and its will to share opportunities and development dividends with other countries have never wavered or stopped, and will be pushed forward with greater vigor in the future.
——更加便利。近年来，我国统筹推进行政审批制度改革和商事制度改革，大幅简化流程，创新“多证合一”“证照分离”等服务，大幅缩短外资开办企业审批时间；建设国际贸易“单一窗口”“智慧海关”“一体化通关”等，提升通关效率和贸易便利化水平；着力打通外商在华使用金融、医疗、互联网支付等服务堵点，为其投资兴业提供更强保障。
●More convenient. In recent years, China has promoted reforms of its administrative examination and approval system as well as business system in a coordinated manner, greatly simplifying processes and innovating services, such as "merging multiple certificates into one" and "separating operating permits from business licenses." China has significantly shortened the time required for the approval of foreign-run start-ups. China has enhanced customs clearance efficiency and trade facilitation through such measures as "a single window," "smart customs," and "clearance integration." China has also made great efforts to clear up blockages that impede foreign investors' use of financial, medical, and Internet payment services, providing stronger protection for their investments and businesses.
为什么有个别人觉得“中国营商环境变差”？
Why Do Some People Feel That "China's Business Environment Is Worsening?"
——美西方“筑墙设垒”。声称“在华投资经营难”者，莫要忘记造成这种局面的根本原因。一段时间以来，美西方对华“筑墙设垒”“脱钩断链”，不断推进投资限制措施、强化出口管制、滥用制裁工具，大大抬升了对华投资不确定性，为正常经贸往来套上了“枷锁”。美国彭博社评论称，拜登政府对华投资限制是“企业最糟糕的噩梦”“美情报机构的福音”。这些遏华反华举措，才是某些国家对华投资减少的“元凶”。
●Walls and barriers erected by the West, notably the US. Those who claim that "it is difficult to invest and operate in China" should not forget the root causes of such a situation. For some time now, the US-led West have been "erecting walls and barriers" and "decoupling and disrupting chains" against China. For example, they have continuously imposed investment restrictions, strengthened export controls, and abused sanctions, thus greatly raising the uncertainty for investment in China and putting "shackles" on normal economic and trade exchanges. Bloomberg commented that the Biden administration's investment restrictions on China are "the companies' nightmare" and "a boon for US intelligence agencies." Those initiatives to contain China are the culprits behind the decline of investment in China by certain countries.
——外国企业布局调整。抱怨“在华盈利越来越少”者，也莫要忽略中国产业竞争力快速提升的现实。2023年，中国拥有的全球百强科技创新集群数量居世界第一，国际专利申请量连续4年稳居世界首位。质优价廉、技术过硬的中国产品多了，会引发国内外同质企业的良性竞争，一些企业在中国“躺着赚钱”的日子也已一去不复返了。
●Foreign enterprises’ structural re-adjustments. Those who complain that "profits in China are decreasing" should not ignore the reality that China's industrial competitiveness is accelerating. In 2023, China had the most science and technology clusters ranked among the world’s top 100, and had been the No. 1 filer of international patent applications for four consecutive years. There is an increasing supply of inexpensive Chinese products with good quality and excellent technology, which will lead to healthy competition among homogeneous enterprises at home and abroad, and the gravy train has ended in China.
各项数据也充分证明了中国持续向好的营商环境让更多的跨国企业“用脚投票”。2023年1—12月，全国新设立外商投资企业53766家，同比增长39.7%，其中英国、法国、荷兰、瑞士、澳大利亚实际对华投资分别增长81.0%、84.1%、31.5%、21.4%、17.1%。第六届中国国际进口博览会、第二届全球数字贸易博览会、首届中国国际供应链促进博览会等得到众多外商积极参与，很多知名跨国企业还将这些平台当作产品的首发阵地、创新阵地、常驻阵地。
Various data have also fully demonstrated that China’s business environment is improving and a growing number of multinational enterprises are "voting with their feet." In 2023, 53,766 new foreign-invested enterprises were set up nationwide, representing a year-on-year increase of 39.7%, of which actual investments from the UK, France, the Netherlands, Switzerland, and Australia increased by 81.0%, 84.1%, 31.5%, 21.4%, and 17.1%, respectively. The sixth China International Import Expo, the second Global Digital Trade Expo, and the first China International Supply Chain Expo were actively attended by many foreigners. Many well-known multinational enterprises also use these platforms for product debut, innovation, and long-term display.
事实胜于雄辩。《反间谍法》恰是在华合法营商活动的保护法、促进法，我们绝不接受恶意污蔑《反间谍法》、抹黑中伤中国营商环境的行径。
Facts speak louder than words. The Counterespionage Law is precisely a law protecting and promoting legitimate business activities in China, and China will never accept any malicious attempt to defame this law or discredit its business environment.