13 January, 2013

On December 18, 2012, the General Administration of Press and Publication (“GAPP“) issued a notice seeking public opinions on the Administrative Measures for Overseas Press and Publication Institutions Establishing Offices in China (Draft for Comments) (the “Draft“). The deadline for submission of comments is January 10, 2013. The Draft defines an “Office” as an office which is established in China: (1) by a publication institution based in a foreign country, Hong Kong, Macao or Taiwan active in the business of newspapers, journals, books, audiovisual products, electronic publications, or online publications, or (2) by an intermediary institution or an agent based in a foreign country, Hong Kong, Macao or Taiwan conducting business related to press and publications, and which in either case operates non-profit activities relevant to such an institution’s or agent’s business. An Office is not qualified to be a legal person. According to the Draft, China will adopt a licensing system for the establishment of such Offices, and GAPP and the State Council Information Office are responsible for approving their establishment. The Offices can operate non-profit activities such as acting as a point of contact, communication, consultation and reception, however they shall not operate business activities relevant to press and publications.

The Draft also specifies requirements, procedures and documents necessary for establishing Offices in China as well as license renewal, annual review and other issues for the Offices.

The full Chinese text of the Draft is available here.