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Terms of Reference: Canada-China High Level Dialogue on National Security and the Rule of Law

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I. Designation of the Dialogue

High-level Dialogue on National Security and the Rule of Law (hereinafter referred to as "the Dialogue").

II. Purpose of the Dialogue

The establishment of a high-level dialogue between China and Canada concerning national security and the rule of law in relation to strategic issues having considerable significance for both countries

III. Organization and arrangement of the Dialogue

The Dialogue is to be chaired jointly by the Secretary General of the Central Committee for Politics and Law of the People's Republic of China and Canada's National Security Adviser to the Prime Minister. Participating entities from the Chinese side are to include the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice, and participating entities from the Canadian side are to include the Privy Council Office, Global Affairs Canada, the Department of Justice, Public Safety Canada, the Canadian Security Intelligence Service, the Royal Canadian Mounted Police and the Canada Border Services Agency. The deputy officials of the various entities from the two sides or their designated officers are to participate in the meetings. The Dialogue is to be conducted annually and is to be hosted alternately by Canada and China. The two sides may, on the basis of need, consult and set up meetings of sub-groups concerning special topics.

IV. Topics of the Dialogue

The Dialogue will be a mechanism for discussion between China and Canada to address bilateral security and rule of law issues, including those related to law enforcement and security-related cooperation, judicial and legal cooperation, and questions relating to consular affairs. Dialogue topics will include:

  1. counter-terrorism cooperation,
  2. cyber security and cooperation in combating cybercrime,
  3. combating transnational organized crime,
  4. legal and judicial cooperation and exchanges on rule of law,
  5. legal and security aspects of consular affairs,
  6. regional and international security.

Through consultation, the two sides may add new Dialogue topics

V. Arrangements between the Dialogue and existing relevant dialogues

The Dialogue will agree on outcomes, in principle, which will be carried out by existing relevant dialogues, including those listed below. Officials leading the relevant dialogues will seek guidance, as necessary, from the co-chairs on challenging or unresolved issues.

  1. the mechanism for consultations concerning judicial and law-enforcement cooperation between Canada and China,
  2. the mechanism for political and security consultations between the foreign ministries,
  3. mechanism for Canada-China consular consultations between the foreign ministries,
  4. counter-terrorism consultations between Canada and China,
  5. working-group meetings concerning law-enforcement cooperation between China and Canada.

VI. Near-term objectives

In the near term, the Dialogue will give impetus to action plans aimed at broadening bilateral judicial and law-enforcement cooperation and cooperation relating to consular affairs, including:

  1. starting discussions on an Extradition Treaty and a Transfer of Offenders Treaty as well as other related matters,
  2. pursuing discussions concerning the cooperation between the relevant entities of the two countries for combating cybercrime and increasing cyber security,
  3. completing work related to the signing of the "China-Canada Agreement on the Sharing and Return of Forfeited Assets",
  4. renewing the "Memorandum of Understanding Concerning Cooperation in Combating Crime between the Chinese Ministry of Public Security and the Royal Canadian Mounted Police”,
  5. completing work related to the signing of a one year MOU on the Pilot Project between the Canada Border Services Agency and the Bureau of Exit and Entry Administration where Chinese experts will be invited to assist in the verification of the identity of inadmissible persons from mainland China, in order to facilitate the return of inadmissible persons from Canada to China.