Provisions for the Administration of the Local Foreign Affairs Work of Radio, Film and Television Systems

(Issued by the State Administration of Radio, Film and Television on July 6 2005 and effective as of July 7 2005.)

PART ONE: GENERAL PROVISIONS

Article 1: These Provisions have been formulated based on the principles of unified leadership, centralized administration by the competent departments, responsibility by level and coordination and cooperation, in order to strengthen the administration of radio, film and television local foreign affairs work and regulate and promote foreign exchanges by radio, film and television.

Article 2: Radio, film and television local foreign affairs work shall serve the cause of promotion, the overall foreign affairs of the state and the development of China's radio, film and television industry.

Article 3: The foreign policy of the central departments shall be thoroughly implemented, the foreign affairs rules and regulations of the state strictly implemented and foreign affairs work discipline strictly observed in radio, film and television local foreign affairs work.

Article 4: The State Administration of Radio, Film and Television (SARFT) is responsible for the administration of radio, film and television local foreign affairs work nationwide, and for the centralized management, coordination, guidance and planning of local radio, film and television foreign affairs work.

The provincial level radio, film and television administrative departments are responsible for radio, film and television foreign affairs work within their jurisdictions under the centralized leadership of SARFT and the respective provincial level people's governments.

Article 5: Each provincial level radio, film and television administrative department shall designate one main person in charge to be in charge of foreign affairs work, establish the necessary foreign affairs administration office and appoint cadres who have good political qualifications, strong vocational capabilities, a grasp of policy and strictly observe discipline to be responsible for foreign affairs work. They shall be subject to the administration, guidance and supervision of the foreign affairs office of the local provincial level people's government and the foreign affairs department of SARFT in their foreign affairs work.

PART TWO: BUSINESS COOPERATION

Article 6: If a provincial level radio, film and television administrative department intends to hold an international symposium or professional meeting in China it shall report the same to SARFT for examination and approval and copy the foreign affairs office of the provincial level people's government for the record. If an organization subordinate to a provincial level radio, film and television administrative department intends to hold an international symposium or professional meeting, the provincial level radio, film and television administrative department shall report the same to SARFT for examination and approval and copy the foreign affairs office of the provincial level people's government for the record after it has conducted a preliminary examination. When necessary, after obtaining the consent of SARFT, the provincial level people's government shall report the same to the State Council for examination and approval.

If a foreign-related radio, film and television festival or exhibition or programme exchange activity is to be held, it shall be reported to SARFT for examination and approval in accordance with the relevant provisions of the Provisions for the Administration of Radio, Film and Television Festivals (Exhibitions) and Programme Exchange Activities (Order of SARFT No.38).

Article 7: Radio stations and television stations may not lease radio or television channels (frequencies) to foreign organizations, establish equity or cooperative joint venture radio or television channels (frequencies) with foreign organizations or equity or cooperative joint ventures to launch fixed periodic radio or television programmes or live radio or television programmes.

The import or broadcasting of foreign television programmes shall be handled in accordance with the Provisions for Administration of the Import and Broadcasting of Foreign Television Programmes (Order of SARFT No.42).

Article 8: The establishment of cooperative joint ventures to produce motion pictures and cooperative joint ventures to produce television dramas (cartoons) shall be handled in accordance with the Provisions for the Administration of the Sino-foreign Co-production of Motion Pictures (Order of SARFT No.31) and the Provisions for the Administration of Sino-foreign Co-production of Television Dramas (Order of SARFT No.41).

Article 9: The lease or purchase of radio or television channels (frequencies) or time slots and the establishment of radio or television stations abroad shall be subject to the preliminary examination of the provincial level radio, film and television administrative department and the examination and approval of SARFT in accordance with the relevant provisions of the Tentative Provisions for the Administration of the Lease and Purchase of Channels and the Establishment of Stations Outside China (Order of SARFT No.12).

Article 10: If a local radio, film or television organization wishes to apply to join an international radio, film or television organization, it must report the same to SARFT for approval after consultations with the Ministry of Foreign Affairs.

Article 11: Specific radio, film and television business cooperation plans and commercial contracts signed between local radio stations/television stations and foreign organizations shall be subject to the examination and approval of the provincial level radio, film and television administrative departments.

Subject to the examination and approval of the foreign affairs office of the provincial level people's government, the provincial level radio, film and television administrative department may launch radio, film and television exchange activities in accordance with a twin cities annual cooperation plan signed with a foreign city, based on the principles of equality, mutual benefit and two-way exchange, and within the specified purview. It shall report the relevant details to SARFT for the record.

Article 12: The foreign-related activities of local organizations which produce and deal in radio, film and television programmes shall be subject to the centralized administration of the provincial level radio, film and television administrative department.

PART THREE: PERSONNEL EXCHANGES

Article 13: In general, provincial level radio, film and television administrative departments and organizations subordinate to them may not organize visits abroad by radio, film and television delegations consisting of members from more than one province, autonomous region and/or municipality directly under the central government. If the organization of such a visit is truly necessary, it must be reported to SARFT for approval and the examination and approval matters shall be carried out in accordance with relevant provisions.

If another department or a region wishes to organize a visit abroad by a radio, film or television delegation consisting of members from more than one region or industry, it shall obtain the prior consent of SARFT. A provincial level radio, film and television administrative department, radio, film or television group (parent station), radio station, television station or broadcast television station may not participate in a visit abroad by a delegation consisting of members from more than one region or industry that has not been approved by the foreign affairs office of a local people's government with the department to examine and approve foreign missions.

Article 14: Visits abroad by radio, film and television delegations led by the person in charge of the provincial level radio, film and television administrative department shall be subject to the examination and approval of the provincial level people's government and reported to SARFT for the record.

Article 15: If a work unit subordinate to a provincial level radio, film and television administrative department or to a group (parent station) sends personnel abroad to conduct interviews or to produce a radio or television programme and the topic is important or sensitive or the programme is a large feature programme, it shall be reported by the competent provincial level radio, film and television administrative department to the foreign affairs office of the local provincial level people's government for consent and forwarded to SARFT for its examination and approval. When necessary, it shall be forwarded to the Ministry of Foreign Affairs for examination and approval.

If a local radio, film or television organization intends to conduct interviews with an international organization abroad, the opinion of the Ministry of Foreign Affairs shall be sought via the foreign affairs office of the local provincial level people's government or the foreign affairs department of SARFT.

Article 16: If a provincial level radio station or television station intends to invite the ambassador of a foreign country or a provincial or ministerial level official of a foreign country to give a talk on the station or to participate in a recorded or live commentary programme, the provincial level radio, film and television administrative department shall report the same to the foreign affairs office of the local provincial level people's government for preliminary examination followed by examination and approval by the Ministry of Foreign Affairs. The participation by other foreign nationals in the aforementioned activities shall be reported by the provincial level radio, film and television administrative department to the foreign affairs office of the local provincial level people's government for examination and approval.

Invitations to foreigners to participate in the production of radio, film and television programmes shall be handled in accordance with the Provisions for the Administration of the Participation by Foreigners in the Production of Radio, Film and Television Programmes (ref. Guang Fa Wai Zi [1999] No.269).

Article 17: If a provincial level radio, film and television administrative department, radio, film or television group (parent station), radio station or television station intends to invite the person in charge of a foreign radio or television station to lead a delegation to China for a friendly visit or to discuss business, the same shall be subject to the preliminary examination of the provincial level radio, film and television administrative department after which it shall be forwarded to the foreign affairs office of the local people's government for examination and approval and SARFT for the record.

Invitations given to radio, film and television personnel of radio and television stations from countries with which China has no diplomatic relations and from sensitive countries (regions) shall be reported to SARFT for examination and approval after consultations with the Ministry of Foreign Affairs.

Article 18: If a foreign radio or television reporter or other person involved in the film or television industry applies to visit China on a temporary basis to conduct interviews, the application shall be accepted by SARFT and, after preliminary examination, shall be forwarded to the Ministry of Foreign Affairs for examination and approval.

If such person is to conduct his or her interviews solely in Guangdong or Shanghai, examination and approval shall be carried out by the foreign affairs office of the local provincial level people's government and reported to SARFT for the record.

PART FOUR: SUPPLEMENTARY PROVISIONS

Article 19: The foreign exchanges of film organizations subordinate to provincial level radio, film and television administrative departments shall additionally comply with the Regulations for the Administration of Motion Pictures, the Provisions for the Administration of the Sino-foreign Co-production of Motion Pictures (Order of SARFT No.31), the Tentative Provisions on the Business Access Qualifications for Film Enterprises (Order of SARFT and MOFCOM No.43) and other provisions on the administration of motion pictures.

Article 20: Violations of these Provisions shall be handled by SARFT and provincial level radio, film and television administrative departments in accordance with relevant provisions.

Article 21: Exchanges and cooperation with radio, film and television organizations from the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall, in addition to be handled in accordance with relevant dedicated provisions, be, mutatis mutandis, handled in accordance with these Provisions.

Article 22: Provincial level radio, film and television administrative departments may formulate implementing measures with reference to these Provisions while taking into account actual local circumstances.

Article 23: These Provisions shall be effective as of
July 7 2005. The Provisions for the Administration of the Local Foreign Affairs Work of Radio, Film and Television Systems (ref. Guang Fa Wai Zi (1996) No.792) shall be repealed simultaneously