Saw the news regarding the Opinion on Restricting Certain Seriously Dishonest Persons from Boarding Civil Aircraft within a Certain Time Limit to Promote the Construction of Social Credit System and the Opinion on Restricting Certain Seriously Dishonest Persons from Boarding Trains within a Certain Time Limit to Promote the Construction of Social Credit System.

In recent years, the uncivilized behavior of a small number of passengers at airports and on aircraft has had a serious impact on aviation safety. It is believed that the new regulations will play a positive role in the good operation of airlines. Below is an excerpt of some content.

Objectives To guard against the adverse effects of illegal acts by certain passengers on civil aviation flight safety, and to further increase the punishment for serious illegal and dishonest acts in other fields.

Scope Passengers who commit the following acts at airports or on aircraft and are subjected to administrative penalties by public security organs or investigated for criminal responsibility:

1. Fabricating or intentionally spreading false terrorist information involving civil aviation air defense security;
2. Using forged, altered, or fraudulent identity documents or boarding passes;
3. Obstructing, forcibly occupying, or rushing check-in counters, security channels, or boarding gates (channels);
4. Carrying or checking in dangerous goods, prohibited items, or controlled items as prescribed by national laws and regulations; intentionally concealing in carry-on or checked luggage items other than those prescribed by the state that are prohibited or restricted for transport by civil aviation;
5. Forcibly boarding or intercepting aircraft, forcibly intruding into or rushing the flight deck, Runway, or Apron;
6. Impeding or inciting others to impede crew members, security, check-in, and other civil aviation staff from performing their duties, committing or threatening to commit personal attacks;
7. Forcibly occupying seats or luggage racks, fighting and brawling, provoking trouble, intentionally damaging, stealing, or unauthorizedly opening aircraft or aviation facilities and equipment, etc., disrupting cabin order;
8. Using open flames, smoking, using electronic devices in violation of regulations, and refusing to follow instructions in the aircraft;
9. Stealing other people’s belongings in the aircraft.

Persons responsible for serious illegal and dishonest acts in other fields:

1. Parties to major tax violation cases who have the ability to perform but refuse to perform;
2. Persons responsible for serious dishonest conduct such as falsification, false claims, fraud, interception or misappropriation of funds, and arrears on debts due to international financial organizations and foreign governments in the field of financial fund management and use;
3. Persons responsible for serious dishonest conduct in the field of social insurance under the following circumstances: Employers failing to participate in social insurance in accordance with relevant regulations and refusing to rectify; employers failing to truthfully declare the base of social insurance payments and refusing to rectify; those who should pay social insurance premiums and have the ability to pay but refuse to pay; concealing, transferring, encroaching upon, or misappropriating social insurance funds or investing in operations in violation of regulations; defrauding social insurance benefits by means of fraud, falsification of certification materials, or other means; social insurance service institutions violating service agreements or relevant provisions; refusing to assist the social insurance administrative department in investigating and verifying accidents and problems;
4. Those who have been fined for violating securities or futures laws and have failed to pay the overdue payment; subjects of responsibility of listed companies who fail to fulfill public commitments on time;
5. Persons whose consumption has been restricted by a people’s court in accordance with relevant regulations, or who have been included in the list of dishonest debtors subject to enforcement;
6. Persons responsible for other serious dishonest acts restricting boarding of civil aircraft determined by relevant departments; where relevant departments join this document, they shall be clarified by amending this document.

Information Collection Collection of dishonest information related to civil aviation passengers The Civil Aviation Administration shall coordinate with public security organs and people’s courts to establish an information push mechanism. For those who are penalized by public security organs or investigated for criminal responsibility for the acts listed in Item (1) of the first part of these Opinions, the public security organs that made the penalty decision and the people’s courts that made the judgment shall push the list to the Civil Aviation Administration, which shall include them in the no-fly list in accordance with prescribed procedures.

Collection of dishonest information related to other fields The National Development and Reform Commission, the Supreme People’s Court, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State Taxation Administration, and the China Securities Regulatory Commission will aggregate the lists of persons who need to be included in the flight restriction list due to serious dishonest acts determined by their respective departments to the National Credit Information Sharing Platform, which will push them to the Civil Aviation Administration, and the latter will include them in the flight restriction list in accordance with prescribed procedures. If a data transmission channel has been established with the Civil Aviation Administration and the sharing of list information has been realized, the original data transmission channel and information sharing method may be maintained, and the National Credit Information Sharing Platform will not repeatedly push the list information. The list information provided to the Civil Aviation Administration shall include: the name, travel document number, and reason for inclusion of the person included in the flight restriction list; if there is a legal instrument as the basis, the name and number of the legal instrument shall also be provided. Relevant departments shall determine a person to handle objections to the list and notify the Civil Aviation Administration.

Publication, Execution, and Remedy In accordance with prescribed procedures, the Civil Aviation Administration publishes the flight restriction list information on the designated civil aviation website and the “Credit China” website on the first working day of each month, and the objection handling department and contact information shall be published at the same time. The list will be publicized for 7 working days from the date of publication. During the publicity period, the person subject to publicity may raise an objection to relevant departments. After the publicity period expires, if the person subject to publicity has not raised an objection or the objection raised has not been supported after review, the list will be executed. Persons included in the flight restriction list who believe that the inclusion is erroneous may apply for a review to the relevant organs or units.

Removal Mechanism

Restricting certain seriously dishonest persons from boarding civil aircraft within a certain time limit. After the relevant subjects are removed from the flight restriction list, restrictive measures on boarding will no longer be taken against them. The specific removal methods are as follows: (1) For certain seriously dishonest persons who seriously affect civil aviation flight safety and production safety, the restriction on boarding civil aircraft is valid for one year, calculated from the date of expiration of the publicity period, and will be automatically removed after one year. (2) For lists of relevant persons in other fields who are restricted from boarding civil aircraft, the validity period is one year, calculated from the date of expiration of the publicity period, and will be automatically removed after one year; within the validity period, if their statutory obligations are fulfilled, relevant departments shall notify the Civil Aviation Administration to remove the list within 7 working days. Those who need to take flights due to the need to escort criminal suspects or criminals may apply to the Civil Aviation Administration by the escort department for temporary relief.

This notice shall be implemented from May 1, 2018.

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Note 1 National Credit Information Sharing Platform

The National Credit Information Sharing Platform relies on the national e-government extranet construction, was initially completed and went online at the end of 2015, realizing the collection, sharing, and application of credit information of various departments and localities, providing effective support for joint punishment and joint incentives, and improving the level of cross-departmental and cross-regional credit collaborative supervision and service.

Note 2 Baidu Baike: Air Rage

"Air Rage" refers to some uncivilized behaviors that occur when passengers are on board an aircraft. For example, making phone calls on a mobile phone while the aircraft is taxiing, smoking in the cabin, abusing crew members, etc. "Air Rage" not only disrupts normal order and harms the interests of airlines and other passengers, but also poses a certain threat to aviation safety and public safety.

Note 3 Regarding the explanation of each airline's "US Blacklist?", take Lufthansa as an example to look at this introduction Secure Flight

Pursuant to Section 114 of Title 49 of the U.S. Code (USC), the Intelligence Reform and Terrorism Prevention Act of 2004, and Sections 1540 and 1560 of Title 49 of the Code of Federal Regulations (C.F.R), the Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender information to identify persons of concern. You may also provide your Redress Number (if any). Failure to provide your full name, date of birth, and gender may result in denial of boarding or entry to the boarding area. The TSA may share the information you provide with law enforcement, intelligence, or other agencies under its public record system notices. For details on TSA privacy policies, record system notices, and privacy impact assessments, please visit the TSA website at www.tsa.gov.

Note 4 A case where a Japanese citizen was denied boarding on Korean Air and consulted the National Diet Question Regarding the Denial of Boarding to Japanese Nationals on Japan Domestic Departure and Arrival Flights Answer to the Question Regarding the Denial of Boarding to Japanese Nationals on Japan Domestic Departure and Arrival Flights Submitted by Member of the House of Representatives Motoki Yoshikawa Note 5 Profiling and Privacy of Aviation Passenger Information

This study examines the issues of the Fourth Amendment to the United States Constitution (privacy protection) in the current situation where screening is conducted to identify individuals who may be directly involved in terrorism on aircraft before boarding, accompanied by profiling and data mining techniques.