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MEASURES FOR CONTROL OVER IMPORTED FILMS

MEASURES FOR CONTROL OVER IMPORTED FILMS This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document MEASURES FOR CONTROL OVER IMPORTED FILMS (Approved by the State Council on October 13, 1981 and promulgated by the Ministry of Culture and the General Administration of Customs) Article 1 These Measures are formulated for tighter control over imported films in accordance with the spirit of the Circular Concerning Checking the Excessive Showing of Films for Restricted Information Only, which was issued by the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on April 14, 1980.

Article 2 The business of importing and releasing films or copies for preview (including 35-mm, 16-mm and extra-8-mm films, films on video-tapes and films on videodiscs, which are hereinafter generally referred to as "films") from foreign countries and the regions of Hong Kong and Macao shall be exclusively handled and controlled by the China National Films Release and Projection Corporation (hereinafter referred to as "the China Films Corporation").

With respect to the import of a film, the Customs shall, on the strength of the Customs Declaration Form for Imported Goods duly completed and presented by the China Films Corporation, effect inspection and grant clearance. With respect to films to be released nationwide for commercial purposes, formalities to pay Customs duties shall be fulfilled at the time of the import thereof. Films to be imported for noncommercial purposes shall be exempted from Customs duties. If, upon approval, films imported for noncommercial purposes are to be released nationwide after the import thereof, the China Films Corporation shall, in accordance with the relevant regulations, fulfil the formalities with the Beijing Customs for retroactive payment of Customs duties.

Article 3 With respect to data films imported by the China Cinematheque (including films selected and purchased from each other by, or exchanged between, or given to each other as presents by the China Cinematheque and foreign cinematheques and films purchased through other channels as data), if they are imported for noncommercial purposes, the Customs shall, on the strength of the Customs Declaration Form for Imported Goods duly completed and presented by the China Cinematheque, effect inspection and grant clearance without levying duties.

If, upon approval, imported data films need to be released nationwide, the China Films Corporation shall, in accordance with the relevant regulations, fulfil the formalities with the Beijing Customs for retroactive payment of Customs duties.

Article 4 With respect to specialized documentaries and science and educational films imported by units of science and technology, industry, agriculture, education, public health, journalism, foreign trade and foreign affairs to meet the needs in their business or professional work, if the importing units are affiliated to departments under the State Council, the import shall be subject to the examination and approval of the respective ministries or commissions (or bureaus) under the State Council. If the importing units are local ones, the import shall be subject to the examination and approval of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government. At the time of the import of these films, the Customs shall, on the strength of the documents of approval issued by the ministries or commissions (or bureaus) concerned under the State Council or by the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government and of the Customs Declaration Forms for Imported Goods duly completed and presented in triplicate by the applying units, effect inspection and grant clearance without levying duties and shall dispatch one copy of the said Forms affixed with the Customs official seal to the Cinema Administrative Bureau of the Ministry of Culture for the record.

Article 5 With respect to feature films presented to mainland institutions, organizations, schools and other units by foreign organizations or individuals or by those in the regions of Hong Kong and Macao or in Taiwan Province, if the recipient units are affiliated to departments under the State Council, the acceptance shall be subject to the examination and approval of the Cinema Administrative Bureau of the Ministry of Culture.

If the recipient units are local ones, the acceptance shall be subject to the examination and approval of the cultural bureaus (or cinema bureaus) of the provinces, autonomous regions or municipalities directly under the Central Government and shall be reported in writing to the Cinema Administrative Bureau of the Ministry of Culture for the record. At the time of the import of these films, the Customs shall, on the strength of the Customs Declaration Forms for Imported Goods duly completed and presented by the recipient units and of the relevant documents of approval, effect inspection and grant clearance without levying duties.

The recipient units shall hand the said films over to the China Cinematheque for unified custody. If the films have to be used to meet the special business or professional needs, the recipient units may, on the strength of the documents of approval issued by the higher competent authorities, pick them up for the reference of the personnel concerned but may not lend them out, or show them for entertainment purposes or show them to the public. Upon completion of the reference, the films shall be sent back to the custody of the China Cinematheque.

If, upon approval, imported feature films are to be released nationwide, the China Films Corporation shall fulfil the formalities with the Customs for retroactive payment of Customs duties.

Article 6 With respect to science and educational films that are sent by post by foreigners, overseas Chinese and compatriots in Hong Kong, Macao and Taiwan Province or carried in person by them when they enter China's mainland to be given to individuals in China as presents for use as reference materials, the Customs shall permit their import and shall, on the strength of the Customs Declaration Forms for Imported Goods duly completed and presented by the individuals that are to accept the films and of the letters of certification issued by the units where the said individuals belong, effect inspection and grant clearance without levying duties. With respect to feature films given to individuals in China as presents, the Customs shall in general not permit their import and shall send them back. Under special circumstances, the Ministry of Culture and the General Administration of Customs shall study and dispose of them.

With respect to films that are carried in person by personnel of foreign embassies (or consulates) in China, resident personnel in China sent by foreign industrial and commercial enterprises (including resident foreign correspondents) and foreign experts (including experts in culture and education, economy, and science and technology) who have been recruited to work in China (or that are sent to them by post from abroad), the Customs shall handle them in accordance with the existing relevant provisions.

These films shall, after their import, be placed under the strict control of the departments concerned and shall be shown only by the aforesaid foreigners among themselves. Chinese units or individuals are not permitted to borrow these films for projection.

Article 7 Business activities with respect to the joint production of films by China and foreign countries and the joint production of films by China's mainland and the regions of Hong Kong and Macao or by the mainland and Taiwan Province shall all be subject to the administration of the China Films Joint Production Corporation, with the exception of the business activities of the three Hong Kong films companies of the Great Wall, the Phoenix and the Sunlin when they come back to shoot films on the mainland, where the Office of Hong Kong & Macao Affairs under the State Council shall directly approach the regions and units concerned for matters in this respect. With respect to the import of the films jointly produced, the China Films Joint Production Corporation shall fulfil the formalities of import Customs declaration with the Customs. If, among these films, there are some that are to be released nationwide, the China Films Corporation shall, in accordance with the relevant regulations, fulfil the formalities with the Beijing Customs for retroactive payment of Customs duties.

Article 8 Films that are imported in violation of the relevant provisions or smuggled in shall be dealt with by the Customs in accordance with the relevant provisions. Those among the confiscated films that are worth keeping because of their value for reference may be passed on to the Cinema Administrative Bureau under the Ministry of Culture, which shall hand them over to the China Cinematheque for preservation.

Article 9 These Measures shall go into effect as of the date of promulgation.

f the Customs Declaration Forms for Imported Goods duly completed and presented by the individuals that are to accept the films and of the letters of certification issued by the units where the said individuals belong, effect inspection and grant clearance without levying duties. With respect to feature films given to individuals in China as presents, the Customs shall in general not permit their import and shall send them back. Under special circumstances, the Ministry of Culture and the General Administration of Customs shall study and dispose of them.

With respect to films that are carried in person by personnel of foreign embassies (or consulates) in China, resident personnel in China sent by foreign industrial and commercial enterprises (including resident foreign correspondents) and foreign experts (including experts in culture and education, economy, and science and technology) who have been recruited to work in China (or that are sent to them by post from abroad), the Customs shall handle them in accordance with the existing relevant provisions.

These films shall, after their import, be placed under the strict control of the departments concerned and shall be shown only by the aforesaid foreigners among themselves. Chinese units or individuals are not permitted to borrow these films for projection.

Article 7 Business activities with respect to the joint production of films by China and foreign countries and the joint production of films by China's mainland and the regions of Hong Kong and Macao or by the mainland and Taiwan Province shall all be subject to the administration of the China Films Joint Production Corporation, with the exception of the business activities of the three Hong Kong films companies of the Great Wall, the Phoenix and the Sunlin when they come back to shoot films on the mainland, where the Office of Hong Kong & Macao Affairs under the State Council shall directly approach the regions and units concerned for matters in this respect. With respect to the import of the films jointly produced, the China Films Joint Production Corporation shall fulfil the formalities of import Customs declaration with the Customs. If, among these films, there are some that are to be released nationwide, the China Films Corporation shall, in accordance with the relevant regulations, fulfil the formalities with the Beijing Customs for retroactive payment of Customs duties.

Article 8 Films that are imported in violation of the relevant provisions or smuggled in shall be dealt with by the Customs in accordance with the relevant provisions. Those among the confiscated films that are worth keeping because of their value for reference may be passed on to the Cinema Administrative Bureau under the Ministry of Culture, which shall hand them over to the China Cinematheque for preservation.

Article 9 These Measures shall go into effect as of the date of promulgation.


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