Democratic
People's Republic of Korea Ministry of State Security
People's Republic of China Ministry of Public
Security
Mutual
Cooperation Protocol for the Work of Maintaining
National Security and Social Order in the Border
Areas
The Democratic
People's Republic of Korea Ministry of State Security
and the People's Republic of China Ministry of Public
Security, in the hope of further developing the
friendly cooperation between the public security and
state security agencies of both countries, have
reached an agreement, as follows, on mutual
cooperation issues relating to the work of
maintaining national security and social order within
the border areas.
ARTICLE 1
Both sides shall
mutually cooperate on the work of protecting national
social property and the life and property of the
residents and of maintaining the safety of the border
areas of the two countries.
Clause 1
Both sides shall
actively cooperate on the work of preventing all
kinds of calamities such as fire, floods, wind
disasters, earthquake damage and industrial accidents.
One side must provide appropriate relief to the
other's side's residents who unavoidably enter its
own area due to calamity.
Clause 2
In the event that one
side finds a lost vessel, livestock, poultry or other
property of the other side, it shall not be
arbitrarily handled; it must be aptly safeguarded.
The other side must be promptly notified, and the
notified side must promptly take back [the property
in question].
Clause 3
In the event that in
one side's border area there occurs an infectious
disease or insect infestation or the other side's
area is in danger of being contaminated, the other
side must be immediately notified. When necessary,
passage through the border area may be temporarily
prohibited through negotiations of both sides.
Clause 4
In the event that the
duties performed by one side within its own
boundaries or in its border area are of harm to the
other side's country, social property, or the life
and property of the residents, negotiations must be
held with the other side or safety measures must be
adopted.
Clause 5
In the event that a
corpse is discovered in one side's border area, Its
nationality and cause of death must be investigated
as a matter of course. If the deceased is a resident
of the other area, it must be handed over to the
other side, and if the deceased is of a criminal case
Involving both sides or if the nationality is
unknown, an investigation may be carried out jointly
by both sides. If the nationality of the deceased
cannot be determined, it shall be handled by the
country in whose area the corpse was found.
Clause 6
In order to prevent
accidents that are of harm to the lives of the
residents or to social property, both sides are
prohibited from hunting or fishing using explosives
or weapons in the jointly controlled waters of the
Yalu and Tumen rivers.
Clause 7
It is prohibited that
either side's law enforcement officers fire guns or
release police dogs in the course of performing
official business at the border unless under special
circumstances such as when the safety of their own
lives is put in peril by an antirevolutionary element
attempting destructive activities or by a person
being restrained who resists with violence.
ARTICLE 2
Both sides shall
mutually cooperate on the work of patrolling both
countries' border areas and the facilities installed
in the border areas.
Clause 1
Both sides deem the
border of the Yalu and Tumen rivers as a joint patrol
zone. For ease of patrol duties, the concerned area's
country shall take responsibility for the patrol
duties of the area near its territory.
Clause 2
When a private train
carrying either side's party or national leaders
passes the bridge on the border, both sides shall
reinforce patrol of the waters surrounding the border
bridge.
Clause 3
Regarding the patrol
of the facilities on the border of both countries,
each side shall take responsibility for the duties it
is in charge of based on the agreement consented to
by both sides and perform the work according to its
actual circumstances.
Clause 4
Each side must relay
to the other on demand the materials necessary in the
performance of the aforementioned patrol duties.
ARTICLE 3
Both sides shall
mutually cooperate on the work of maintaining order
in the passage through the border areas of the two
countries.
Clause 1
The passage points of
the border areas of the two countries must be settled
through consultation with the other side, a mutual
border passage inspection agency shall be
established, and work shall be performed to maintain
order in border passage.
Clause 2
Both sides shall
permit passage through the two countries' borders
based on passport, border-resident border pass,
border-business pass or other certificates that have
been authenticated through the consultation of both
sides, and the passer must cross the border at the
place designated on the certificate.
Clause 3
Persons in charge of
entry/exit bureaus and public security in the cities,
prefectures and counties in the border areas of the
two countries shall issue to border residents who
visit relatives on the other side's border area a one-month
border-resident border pass and affix the prescribed
seal [exclusively used] for border-resident passes.
Persons who visit relatives in the border areas shall
receive permission after undergoing strict screening,
and controls shall be reinforced, with permission
granted only in cases where immediate relatives are
in the other side's border area. In the case of a
border resident visiting relatives who are other than
immediate, an "invitation notice" process
must be undergone. The scope of immediate relatives,
the form of the written notice and [its] method of
use shall be settled through a meeting of the Public
Security and Safety Chief Representatives of both
sides' border areas. The Chief and Deputy
Representatives of Border Public Security and Safety
shall issue a border-work pass of less than one year
to civil servants who come and go for border area
business.
Clause 4
Hours of border
passage are as follows:
(1) April - September: Beijing Time 0800 - 1800 (China
Summer Time 0900 - 1900), Pyongyang Time 0900 - 1900
October - March: Beijing Time 0800 - 1700, Pyongyang
Time 0900 -1800
Necessary passage guaranteed on Sundays and holidays
as well.
(2) Crossing the border by persons or transportation
means during hours other than those stipulated for
passage is entirely prohibited.
Persons or
transportation means that, due to circumstances of
emergency, must pass the border at times other than
those stipulated may contact [sic?] the border after
receiving the approval of the other side's border
inspection agency.
Clause 5
When one side's border
guards, border area civil servants or residents (transportation
means included) use a road on the other side's border
area, the approval of the other side's Border Public
Security and Safety Chief Representative must be
obtained.
Clause 6
The forging of an
agreement between the relevant agencies of the two
countries' border areas and new border-passage issues
shall be negotiated and settled in advance by the
Public Security and State Security Ministries of both
sides. However, in situations of emergency, the
Border Security and Safety representatives of both
sides shall negotiate for a solution and afterwards
report to each one's Chief Representative.
ARTICLE 4
Both sides shall
mutually cooperate on the work of preventing the
illegal border crossing of residents.
Clause 1
In the case of
crossing the border without possession of a legal
certificate or without passing through screening
agencies or the passage places stated on the
possessed certificate, [the individual] shall be
treated as an illegal border crosser. However, any
person of the other side who enters the boundaries of
one side due to any kind of calamity or unavoidable
factors shall not be considered an illegal border
crosser. A person possessing a border-resident pass
who comes into a non-border area with the permission
of public security and an entry/exit bureau shall not
be considered an illegal border crosser.
Clause 2
Regarding individuals
who illegally cross the border, depending on the
situation a namelist or relevant materials shall be
turned over to the other side. However, in case of
there being a criminal act after the border is
crossed, it shall be handled according to the laws of
[the individual's] country, and the other side shall
be notified of the situation.
ARTICLE 5
Both sides shall
mutually cooperate on the issue of handling criminals.
Clause 1
In the event that
there occurs the danger of antirevolutionary elements
(spies, terrorists, destructive elements and
assassins included) or common criminals escaping into
the other side's borders, the other side must
necessarily be informed. Regarding criminals
possessing dangerous items such as weapons or
explosives who have the possibility of escaping into
the other side, the other side must be immediately
informed of such detailed items as the criminals'
photographs, physical features, weapons or dangerous
articles being carried, and place of crossing; there
shall be no limits to the time or place of the
reciprocal liaison between both sides. The notified
side shall necessarily adopt the required procedure
to aid the other side in intercepting and arresting
the criminals.
In the event that a criminal is investigated and
arrested the offender shall necessarily be handed
over to the other side. If one side is unable to
continue pursuing or to arrest the offender who has
escaped into the borders of the other side, the
investigation and arrest may be entrusted to the
other side, and the entrusted side shall necessarily,
in the swiftest time possible, arrest the offender
and transfer him together with the relevant materials
into the [custody of the concerned] side.
In the case where the arrested criminal had committed
a crime within the borders of the other side, it may
be handled, after agreement of the other side, based
on the laws of the side that made the arrest, and the
other side must be informed of the situation.
Clause 2
Both sides, in the
event of receiving informational materials that harm
the safety and social order of the other side's
borders, shall reciprocally relay such [materials].
Clause 3
Regarding the case at
issue, the two countries, after undergoing
negotiations, shall take responsibility for its own
investigative operations, and with close liaison
reciprocally inform [the other] of the situation.
Clause 4
In the case of
transferring to within the other side's borders a
person with the possibility of committing a crime,
the [relevant] materials shall necessarily be relayed
to the other side.
Clause 5
In the event that one
side is uncertain of the identity of a person that
the other side has transferred to within its own [one
side's] borders, investigation may be entrusted to
the other side, and the entrusted side must
investigate and provide a reply. If it is judged that
there is a possibility that a person from a third
country entering into the other side's borders, after
passing through its own [one side's] borders, shall
harm the other side's security, the other side must
be notified of the concerned individual's identity
and of materials relevant to the situation.
ARTICLE 6
Both sides define the
border areas of China and North Korea as the cities,
prefectures and counties [located] on the frontier
areas: should there be changes in the administrative
zone of the border areas, the other side must be
immediately informed.
ARTICLE 7
The Minister of Public
Security of the People's Republic of China and the
Minister of State Security of the Democratic People's
Republic of Korea shall be the Public Security and
Safety Head Representatives of the North Korea-China
border areas. Both North Korea and China shall [each]
post one Chief Representative and several Deputy
Representatives for Border Public Security and Safety.
The Chinese side's Public Security Chief
Representative and Deputy Representatives shall be
the person in charge of the border Provincial Public
Security Department and the persons in charge of the
Public Security Department's border area affairs [respectively].
The North Korean side's Chief Representative and
Deputy Representatives shall be the person in charge
of the border province's State Security Department
and the persons in charge of border police affairs [respectively].
Both sides shall post suitable personnel [as] Public
Security and Safety representatives, and they shall
be the persons in charge of the public security and [state]
security agencies of the cities, prefectures and
counties of the border areas. The Chief and Deputy
Representatives of Border Public Security and Safety
shall each be appointed by the Ministers of China's
Ministry of Public Security and North Korea's
Ministry of State Security. Public Security and
Safety representatives shall each be appointed by the
Public Security and Safety Chief Representatives.
Each side shall by all means reciprocally inform the
other of the roster of appointees.
ARTICLE 8
The duties of each
level of North Korea's and China's Border Public
Security and Safety representatives shall be as
follows.
Clause 1
The duties of North
Korea's and China's Border Public Security and Safety
Head Representatives shall be to take responsibility
for the fundamental work of discussing the work of
maintaining the safety and social order of the North
Korea-China border and of mutually cooperating on the
established work.
Clause 2
The duties of North
Korea's and China's Border Public Security and Safety
Chief Representatives shall be to concretely discuss
and establish the enforcement method and procedure
for items that have been discussed and decided
through the meeting of the Border Public Security and
Safety Head Representatives.
The duties of North
Korea's and China's Border Public Security and Safety
Deputy Representatives shall be to assist the Public
Security and Safety Chief Representatives in their
work. When a Chief Representative is unable to
perform his work, the designated Deputy
Representative shall perform his work in his stead.
Clause 4
The duties of North
Korea's and China's Border Public Security and Safety
representatives shall be to take responsibility for
and enforce the items that have been settled by the
Chief and Deputy Representatives and the items that
have been decided at the Head Representatives'
Meeting and Chief Representatives' Meeting of each
city, prefecture and county.
ARTICLE 9
The reciprocal contact
and negotiation procedure between both sides' Border
Public Security and Safety representatives of each
level shall be as follows.
Clause 1
Contact and ordinary
work among North Korea's and China's Public Security
and Safety Head Representatives and each level's
Border Public Security and Safety representatives
shall be accomplished directly through such methods
as telephone, written correspondence and the agency
of persons. Contact shall be made through diplomatic
procedures when necessary.
Clause 2
Each time criminals,
illegal border crossers, or any kind of goods or
property is to be handed over, both sides shall
select through negotiation a convenient place to
conduct such.
Clause 3
The North Korea-China
Border Public Security and Safety Head
Representatives' Meeting shall be held once every
three (3) years, and the Border Public Security and
Safety Chief Representatives' Meeting, every two (2)
years. The place of meeting shall alternate between
the two sides, and the representatives of the country
where the meeting is to be held shall be in charge of
the meeting representatives. When a meeting needs to
be convened, the other side must first be informed of
the time, place and agenda of the meeting and
agreement must be obtained. North Korea-China Border
Public Security and Safety Head Representatives shall
be informed and agreement obtained two (2) months in
advance: Border Safety and Public Security Chief
Representatives, one (1) month in advance; and Deputy
Representatives and representatives, four (4) days in
advance. Under situations of emergency, Public
Security and Safety representatives may hold a
meeting on demand with no limit in time period
through the negotiations of both sides. When Public
Security and Safety Chief and Deputy Representatives
cross [into] the other side's borders, they must be
in possession of a Representative Certificate signed
by North Korea's Minister of State Security and by
China's Minister of Public Security
ARTICLE 10
This Protocol must be
ratified by the governments of both sides and it
shall be effective from the day each side informs the
other. This Protocol's period of effectivity shall be
twenty (20) years and shall be automatically extended
for five (5) years as long as the authorities of
neither side demands the other in writing six (6)
months before expiration that it be terminated. This
Protocol is signed at Dandong in the People's
Republic of China on August, 12, 1986 with two copies
composed in Korean and Chinese and both possessing
equal validity.
Democratic
People's Republic of Korea Ministry of State Security
Representative