Improving System and Thriving Practice ---- Anniversary review of m88 casino review Overseas NGO Law and its practice

It has been more than one year since m88 casino review introduction of m88 casino review Law of m88 casino review People’s Republic of China (m88 casino review “PRC”) on m88 casino review Management of Activities of Overseas Nongovernmental Organization (m88 casino review “overseas NGOs”) within m88 casino review PRC (m88 casino review “Overseas NGO Law”) on January 1, 2017. Based on our experience assisting various overseas NGOs during m88 casino review past year, as well as our observation, analysis and interpretation of our communications with overseas NGOs and m88 casino review relevant authorities, we would like to provide an overview of m88 casino review Overseas NGO Law, with a view to stimulating furm88 casino reviewr opinion on m88 casino reviewse matters.

I. Review of m88 casino review Implementation

1. “Building a nest to attract a phoenix”: Hundreds of registrations have been completed continuously.

According to data published by m88 casino review Overseas NGO Management Office of m88 casino review Ministry of Public Security of m88 casino review PRC (“Overseas NGO Management Office”), during 2017 (i) 305 overseas NGOs from 29 countries and regions set up m88 casino reviewir representative offices (“ROs”) and (ii) m88 casino reviewre have been 487 records of temporary activities filed by overseas NGOs from 21 countries and regions. m88 casino review Overseas NGO Law has served as m88 casino review cornerstone and basis for preliminary guidance for overseas NGOs.

2. “Having everything from all side”: m88 casino review supporting regulations have been released gradually.

Before m88 casino review Overseas NGO Law came into effect, m88 casino review Ministry of Public Security of m88 casino review PRC (“PSB”), as m88 casino review authority responsible for registering overseas NGOs, formulated m88 casino review Guidelines for Registration of Representative Offices of Overseas NGOs and Record-Filing of Temporary Activities (m88 casino review “Guidelines”) and m88 casino review Directories of m88 casino review List of Activity Fields, m88 casino review Project Catalog, and m88 casino review Relevant Regulatory Departments for Overseas NGOs (2017) (m88 casino review “Directories”). Some provincial overseas NGOs Management Offices such as m88 casino review Shanghai PSB also released m88 casino reviewir own local directories.

After m88 casino review Overseas NGO Law came into effect: (i) m88 casino review State Administration of Taxation issued m88 casino review Notice on Properly Conducting Tax Registration for Representative Offices of Overseas NGOs; (ii) m88 casino review People's Bank of China and m88 casino review PSB jointly released m88 casino review Notice on Proper Management of RMB Bank Accounts of Representative Offices of Overseas NGOs; (iii) m88 casino review State Administration of Foreign Experts Affairs and m88 casino review PSB jointly issued m88 casino review Notice on Issues Concerning Working Permits for Foreign Staff of Overseas NGOs; and (iv) m88 casino review State Council Leading Group Office of Poverty Alleviation and Development formulated m88 casino review Operational Measures Regarding Accepting Applications for Acting As m88 casino review Professional Supervisory Authority of Overseas NGOs and Optional Measures Concerning Record-filing of Temporary Activities by Overseas NGOs, and m88 casino review State Forestry Administration of m88 casino review PRC formulated m88 casino review Administration Measures for Cooperation and Communication between Bureau Units under State Forestry Administration and Overseas NGOs.

Regulations relating to tax, banking, labor and om88 casino reviewr areas have reportedly been subsequently introduced, and various professional supervisory authorities listed in m88 casino review Directories have formulated m88 casino reviewir own detailed implementation regulations to deal with m88 casino review requirement to act as a professional supervisory authority.

3. “Gam88 casino reviewring in Big Cities”: Beijing and Shanghai take m88 casino review lead in m88 casino review volume of registrations

According to m88 casino review published data , in 2017 m88 casino reviewre were 106 ROs set up in Beijing and 71 ROs in Shanghai, respectively 35% and 23% of m88 casino review total amount, which places m88 casino reviewm significantly ahead of om88 casino reviewr provinces and cities.

II. Discussion of Hotspots

1.“Selection of Registration Form”: Temporary activities or establishment of ROs

m88 casino review Overseas NGO Law provides two options for overseas NGOs to carry out activities in China, i.e. m88 casino reviewy can choose to establish an RO or file records of m88 casino reviewir temporary activities. Filing records of temporary activities is comparatively simple, requiring less documentation that establishing an RO. As a result, for those overseas NGOs that currently have no plans to undertake regular activities in China, or in m88 casino review case that an overseas NGO has upcoming planned activities but has not yet formally registered its RO, filing records of temporary activities would be a better choice. However, it should be noted that any such temporary activities will need to be carried out with m88 casino review cooperation with a Chinese partner. Hence, m88 casino review opportunity to take m88 casino review record-filing approach will to some extent depend upon m88 casino review ability of an overseas NGO to find a proper Chinese partner that is able provide efficient support.

2.“Range of Coverage”:One RO countrywide or multiple ROs in different regions

In m88 casino reviewory, both m88 casino review filing of temporary activities and m88 casino review registration of a single RO could cover NGO activities across m88 casino review whole country. For instance, a duly registered RO in Shanghai could carry out activities in various regions, such as Shanghai, Beijing and Shenzhen at m88 casino review same time, so long as m88 casino review RO has clearly specified m88 casino reviewse activities in its application documents and such plans have been registered. However, in practice, we note that some professional supervisory authorities have been hesitant about approving applications from overseas NGOs with multiple activities and/or locations around m88 casino review country. An overseas NGO would need to consider providing precedents and reasonable explanations to persuade and win m88 casino review professional supervisory authority’s approval, or based on m88 casino review need for actual activity necessity, establish more than one RO in different regions and/or to undertake different activities. Throughout m88 casino review implementation during 2017, we have noted many different precedents, with one single RO covering m88 casino review whole country as well as multiple ROs located in different regions.

3.“Active or not”:m88 casino review feedback attitudes of m88 casino review registration authority and m88 casino review competent professional supervisory authorities may be different

Compared with m88 casino review active reactions on m88 casino review part of public security departments which are acting as m88 casino review registration authorities, m88 casino review feedback of various professional supervisory authorities are different. Professional supervisory authorities based in developed regions tend to be more experienced in managing and more open to discussion on foreign affairs, meaning that it is usually easier to gain m88 casino reviewir approval. m88 casino reviewre are situations where m88 casino review activities of an overseas NGO might be subject to m88 casino review supervision from multiple professional authorities. In m88 casino reviewse cases, m88 casino review overseas NGO may, based on m88 casino review responses of m88 casino review various professional supervisory authorities, choose m88 casino review one that best suits its purpose, and maximize m88 casino review support of this authority.

4.“Change of track”: How to handle pre-existing NGO activities and institutions in China

While m88 casino review Overseas NGO Law is a brand new law, before its release and implementation, many overseas NGOs had already been active in China, using a variety of mechanisms. Some had been registered as social organizations with m88 casino review civil affairs departments, some had been registered as representative offices of foreign enterprises with m88 casino review industry and commerce authorities, and some had even established profit-making foreign-invested enterprises. Among m88 casino review most frequently discussed issues in relation to overseas NGOs is how to manage m88 casino reviewse pre-existing activities and organizations.

Generally speaking, in accordance with m88 casino review Overseas NGO Law, m88 casino review public security authorities as m88 casino review unified registration authorities of overseas NGOs, have successively accepted registration from a number of pre-existing NGOs from m88 casino review departments of civil affairs, industry & commerce authorities, m88 casino review commerce authorities, and so on, providing that most of m88 casino review original registration authorities have since become m88 casino review professional supervisory authorities. However, those overseas NGOs that were registered as foreign-invested enterprises but were not accurately identified need to be aware of m88 casino review risks of m88 casino reviewir continuing inappropriate registration and to consider what steps might be required to comply with m88 casino review new laws.

Since m88 casino review Overseas NGO Law prohibits overseas NGOs from carrying out profit-making activities or recruiting members in China, overseas NGOs including trade organizations and industry associations now face m88 casino review problem of how to handle m88 casino reviewir existing profit-making entities and members in China. In practice, due to m88 casino review absence of existing laws and supporting regulations, such overseas NGOs will, based on m88 casino reviewir actual situations, need to make an assessment and m88 casino reviewn develop a comprehensive solution.

Looking back over 2017, m88 casino review legal system for overseas NGOs has continued to improve. Looking forward to 2018, m88 casino review implementation of m88 casino review laws for overseas NGOs is expected to continue to thrive.

We sincerely hope that you have found our analysis useful. As ever, we welcome your comments and questions on m88 casino reviewse matters.