Stephen Garrett

Stephen Garrett is an undergraduate at Georgetown University’s School of Foreign Service, where he studies Asia and the Middle East. He was a ChinaFile Intern at Asia Society’s Center on U.S.-China Relations. He previously interned at the U.S. Embassy in Beijing with the Department of Commerce’s Foreign Commercial Service and Enforcement & Compliance Unit. He has particular experience in researching China’s macroeconomic strategies and geopolitical issues. He has produced reports on the effects on Pakistan of China’s Belt and Road Initiative, the effect on the semiconductor industry of Made in China 2025, American intellectual property law in relation to China, and China’s economic and political presence in southern Africa, as well as reports on issues in the Middle East. He attended secondary school in Hong Kong.

Charitable Activity (un)Defined

In trying to understand charity work in China, contributor Caitlin Schultz explores what Chinese citizens think of as “charitable activity.” The 2016 Charity Law does not offer a clear-cut definition of exactly what the Party-state might consider “charitable,” meaning that social expectations play a big role in the sector going forward.

What Does Charity Mean in China?

Despite the Charity Law’s Definition, the Answer Is Still Elusive

China’s Charity Law effectually governs a broad universe of non-profits while refusing to define essential terms. And, of course, organizations the government regards as sensitive—including some religious, political, human rights, and other independent associations of particular segments of civil society—will not be permitted to register despite likely compliance with the law. But what does it mean, under the Charity Law, for an activity to be “charitable”? Though the Charity Law for the first time provides comprehensive regulation within the non-profit sector (including regulation of organizational and management requirements, fundraising and donations, volunteer activities, transparency and reporting requirements, and other provisions), it still does not clearly define this term.

Recent Developments Related to Domestic Chinese Organizations

The Ministry of Civil Affairs recently released draft regulations related to domestic “social organizations” in China. When completed and put into effect, they will form an updated regulatory framework for the registration and oversight of domestic non-governmental groups (a subset of which carry out charitable activities and are additionally governed by the Charity Law). The draft regulations are open for public comment through September 1; China Law Translate has provided an English translation.

Schultz Graphic

This graphical depiction represents the author’s understanding of how legal professionals in the field view the definitions of “public interest” and “charitable” in terms of government and non-government actors.

Is This Really the Best Time for a China-Africa Summit?

Does it still make sense for China to put on big, expensive mega-summits with African leaders, like FOCAC, which will take place in Beijing in September? Facing a slowing economy and a potentially devastating trade war with the U.S., maybe China is being pulled in other directions. That said, Africa presents a huge potential market and enormous geopolitical opportunities for Beijing in this time of profound geopolitical change.

General Administration of Sports Releases Foreign NGO-Related Rules

The General Administration of Sports has issued a notice regarding foreign NGOs conducting sports activities in China.The notice reiterates that sporting events held by international non-profits fall under the ambit of the Foreign NGO Law. Article 6 states that “foreign NGOs conducting sporting activities in China should establish a representative office in China according to the law. [Foreign NGOs] that have not registered a representative office but that must conduct a temporary sports activity in China should report and file [for the activity] according to the law.”

‘Drop-in Service’ in Guangxi, Foreign NGO Visits in Hubei and Qinghai

Ministry of Public Security WeChat Posts—August 8, 2018

In order to promote foreign NGOs’ and Chinese Partner Units’ (CPUs’) legal registration and filing, the Guangxi Public Security Bureau (PSB) recently rolled out “drop-in service.” This entails the PSB visiting relevant entities to publicize the law, provide guidance on filing and registration, and promote the work of the one foreign NGO that has registered in Guizhou and the 13 temporary activities that have been filed for [The China NGO Project notes that, according to MPS data, as of August 23 there have been well over 50 temporary activities in Guizhou since the Foreign NGO Law went into effect at the beginning of 2017]. During this period, the PSB’s visits have included 971 government entities, 397 communities, 584 schools, and 1,180 organizations.