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Monday, December 22, 2014

National Security Law Draft
Foreign NGOs, state security focus of draft Chinese laws
Draft bills, focused on ensuring nation's safety, include a move to regulate all foreign NGOs to reduce potential threats to the government
PUBLISHED : Tuesday, 23 December, 2014, 7:07am
UPDATED : Tuesday, 23 December, 2014, 7:07am
Li Jing

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Foreign NGOs, state security focus of draft Chinese laws
The newly expanded State Security Law - branded as "comprehensive" and "fundamental" in ensuring the nation's safety in this new era - was submitted to the national legislature for vetting yesterday, Xinhua reported.
Another new bill initiated by the Public Security Ministry to regulate NGOs on the mainland - a move that experts say was borne out of national security concerns - was also submitted for vetting. At present, NGOs are only required to register with authorities. But the draft bill will tighten restrictions, backed with legal action.
It included provisions on the legal obligations of government agencies and other organisations that cooperated with foreign NGOs, public security vice-minister Yang Huanning told National People's Congress legislators.
"The bill aims to regulate the activities of overseas NGOs in China, protect their legal rights and interests, and promote exchanges and cooperation between Chinese and foreigners," Xinhua quoted Yang as saying.
Renmin University associate professor Wang Hongwei noted that the bill was drafted by the Ministry of Public Security - a sign that national security concerns weighed on the decision to introduce the bill.
Under existing regulations, both domestic and foreign NGOs are managed by the Civil Affairs Ministry.
"Drafting a new law to regulate foreign NGOs is in line with the country's overall state security strategy, which emphasises risks from both outside and within the country," Wang said.
The draft State Security Law - also submitted for vetting yesterday - defined national security as a condition in which a country's government, sovereignty, unification and territorial integrity; its people's well-being; its economy and society's sustainable and healthy development, as well as other major interests were relatively safe and not subject to internal and external threats.
The state's capacity to safeguard the sustainability of such a secure condition was also included in the definition.
The former State Security Law, passed in 1993, was revamped and its name changed to the Counter-espionage Law.
Some foreign NGO workers said the new bill to regulate overseas groups could further restrict their already limited operations on the mainland, especially those working on "sensitive issues" such as human rights, religion and legal affairs.
"The Chinese government has already rejected the registration applications of some foreign NGOs. With this new law, their operations on the mainland may soon come to an end," said a Beijing-based foreign NGO worker who asked not to be named.
Wang said foreign NGOs were a "double-edged sword" for China's leaders.
In some cases, they constituted a threat to national security, the professor said, adding that such NGOs in some countries operated with the aim of inciting separatism and subversion of governments.
"While it does not mean that all foreign NGOs have been operating with an agenda, it is necessary for China to take precautions," Wang said.
The Ministry of State Security launched a nationwide screening of all NGOs with foreign connections some months ago.
The move was to prepare for tighter regulations as part of a security drive ordered by a new national panel headed by President Xi Jinping .


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