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CHINA

Since September 2014

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Notice concerning Further Implementing Regulations on the Management of Online Foreign Film and Television Dramas 《关于进一步落实网上境外影视剧管理有关规定的通知
Since September 2014, the Chinese State Administration of Radio, Film and Television (SARFT) tightened the regulation for foreign TV and online streaming content. Online platforms will have to limit foreign content to 30% of the streaming content made available online.
Coverage Online Broadcast Content

CHINA

Since October 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Cryptography Law of the People's Republic of China, 2019 《中华人民共和国密码法》, 2019年
Under the Cryptography Law, the import and export of commercial encryption products, technologies, and services remain subject to government approval. Commercial encryption products that may affect national security, and public interest and have encryption-based protective functions can only be imported under a permit. The Ministry of Commerce together with the Office of State Commercial Cryptography Administration (OSCCA) and the General Administration of Customs publish the catalogs of commercial encryption products that are subject to the above import permit and export controls. The aforesaid requirements do not apply to commercial encryption used in products for consumption by the general population. However, the Cryptography Law does not define the term leaving it unclear as to how this is implemented in practice.
In addition, the Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products set out in the Product Catalogue are no longer subject to mandatory approval requirements before launching their product in the market. The voluntary certification provides a marking that serves to assure customers that their commercial encryption products conform with Chinese encryption standards. Products included in the product catalog are smart password keys, smart IC cards, ATM application systems, security authentication, financial data encryption machines, etc.
Coverage Encryption products and encryption software

CHINA

Since January 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
MOFCOM Notice 106/2018 商务部第106/2018号公告
In December 2018, the Ministry of Commerce (MOFCOM) and the General Administration of Customs issued the adjusted catalog of used mechanical and electrical products prohibited from import, effective from 1 January 2019. The adjusted catalog includes part of the mechanical and electrical products. Some of the products included in this list are video recorders, sound recorders or playback equipment using semiconductor media, disc-type broadcast video recorders, color LCD monitors that can be directly connected and designed for automatic data processing equipment.
Coverage Certain mechanical and electrical products

CHINA

Since January 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
MOFCOM Notice 97/2013 商务部第97/2013号公告
MOFCOM Notice 63/2019 imposes non-automatic import licensing procedure upon certain chemicals, machinery and electrical goods. Some of the products included in this list are satellite TV receptors, antenna for satellite TV reception, decoder for satellite TV reception, special parts for satellite TV reception.
Coverage Certain chemicals, machinery and electrical goods

CHINA

Since November 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Interim Measures for the Administration of Online Taxi Booking Business Operations and Services 《网络预约出租汽车经营服务管理暂行办法》
China instituted a licensing system for online taxi companies which requires that the personal information and business data should be stored and used in mainland China and must not be transferred outside of China. Such information should be retained for two years, except when otherwise required by other laws and regulations. The Measurement also regulates that servers of the taxi companies should be set up in Mainland China, with a network security management system and technical measures for security protection in compliance with regulations.
Coverage Online taxi sector

CHINA

Since January 2016

CHINA

Since April 2001, last amended in October 2021
Since September 2000, last amended in February 2016
Since March 2016
Since September 2017

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Rules for The Implementation of The Law of The People's Republic of China on Foreign-capital Enterprises《中华人民共和国外资企业法实施细则》,第十一条

Telecommunications Regulations of the People's Republic of China 《中华人民共和国电信条例》

Classified Catalogue of Telecommunications Services 《电信服务分类目录》

Administrative Measures for the Licensing of Telecommunication Business 《电信业务经营许可管理办法》
China imposes strict limitations on companies that wish to offer VoIP services in the country. It requires a supplier to have a basic telecommunications service license to provide VoIP service.
Coverage VoIP services

CHINA

Reported in 2014

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Complaints on the licensing procedures
Regarding Regarding IT services, complaints have been received due to the multitude of government licensing and accreditation agencies to contract which is problematic and time-consuming for foreign investors. services, AMCHAM China complained that the multitude of licensing and accreditation government agencies to be engaged is problematic and excessively time consuming for foreign investors.
Coverage Computer services

CHINA

Since February 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Provisions on the Administration of Foreign-funded Telecommunications Enterprises (2016 Revision) 《外商投资电信企业管理规定》(2016年修订)
China's telecom laws require all foreign firms that provide data center or cloud computing services enter into a joint venture with a Chinese firm and obtain an internet data center license.
Coverage Data centers and cloud storage services

CHINA

Since January 2017

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Circular on Clearing up and Regulating the Internet Access Service Market 《工业和信息化部关于清理规范互联网网络接入服务市场的通知》
The Circular on Clearing up and Regulating the Internet Access Service Market barred telecommunication companies and Internet access service providers from setting up or renting VPNs without government approval. More and more cases have been reported of VPNs being shut down, and individuals who set up or use VPNs are punished since 2017.
Coverage VPN

CHINA

Since 2000

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
State monopoly on imports and distribution of multimedia products 国家对多媒体产品的进口和分销实行垄断
China's General Administration of Press and Publications agency selects which publications and audiovisual products may enter China, while the State Administration on Radio, Film, and Culture and the Ministry of Culture review various media. Additionally, China's Ministry of Culture selects which entities may import finished audiovisual products. This effective monopoly on the import and distribution of multimedia products means that China tightly restricts the import of cultural media into the country. These measures have been the focus of a WTO investigation launched by the United States in 2007 (DS363). The panel ruled in favor of the complainant, deeming that China had not adequately substantiated its defense, which concerned the need to protect public morals. In total, the panel found 29 WTO violations throughout various Chinese regulations, catalogs, rules, opinions, and legal instruments. Rather than fully implementing the panel's recommendations, China and the US reached a memorandum of understanding via a negotiated settlement. Many of the associated laws remain in place, and their influence is amplified by provincial and local-level regulations that cite them.
Coverage Reading materials (e.g. newspapers, periodicals, electronic publications), audiovisual home entertainment products (e.g. video, compact discs, digital video discs), sound recordings (e.g. recorded audio tapes), and films for theatrical release

CHINA

Since February 1996
Since December 1997, amended in 2011

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Interim Provisions of the People's Republic of China on the Management of International Networking of Computer Information Networks《中华人民共和国计算机信息网络国际联网管理暂行规定》

Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management《互联网信息内容管理行政执法程序规定》
According to Art. 6 of the Interim Provisions, computer information networks for direct international networking must use the international channels provided by the national public telecommunications network of the Ministry of Posts and Telecommunications. No unit or individual may establish or use other channels for international networking on their own. The public security authorities may issue a warning and impose a fine of up to RMB 15,000 (USD 2200) on anyone who violates this provision. In addition, institutions or individuals are not allowed to use the international network to endanger national security, divulge state secrets, infringe upon national, social, and collective interests and the legitimate rights and interests of citizens, or engage in illegal and criminal activities. Institutions and individuals engaged in international networking services are required to file procedures in designated public security agencies within 30 days of the connection, and accept the security supervision, inspection, and guidance of the public security authorities; for those who violate the measures, individuals and institutions can be fined in serious cases and they can be given within six months to stop networking, shut down for rectification, etc. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
Coverage Internet access

CHINA

Since September 2000, last amended in February 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Telecommunications Regulations of the People's Republic of China 《中华人民共和国电信条例》
According to Art. 7 of the Telecom Regulations, a telecom operator must obtain a proper license for its telecom business. In accordance with Art. 8, telecom business is divided into basic telecom business, and value-added telecom business. The Classification Catalogue of Telecom Business, attached to these Regulations, further divides basic telecom business and VAT business into different sub-categories, each requiring a corresponding license. One of the essential sub-categories of VAT business is called “Information Service”. The information service provided through the Internet is called “Internet Information Service”, which is usually referred to as Internet Content Provision (ICP) service. This is a very broad category and covers a wide range of online services, such as instant messaging, app stores, search engines, online communities, and online anti-virus services, etc. An ICP license is required for the ICP service. All websites with their own domain name that are hosted on the Chinese mainland territory are required to obtain an ICP license. Websites that are hosted outside of the Chinese mainland territory do not need to obtain it.
ICP filing is regulated by local regulations in each province. In general, requirements are similar in every province; for example, the core requirement fixed by Beijing municipality is that the website abides by the content laws in China and "should not contain materials related to terrorism, explosives, drugs, jurisprudence, gambling, and other illegal acts”. In addition, the following requirements and documents shall be prepared and provided:
- The domain name must be registered from a China-based domain name provider.
- The ICP Filing subject must be the domain name owner.
- For personal, a scanned copy or photo of the front and back of the ID card is required.
- For company, a scanned copy or photo of the company’s registration certificate, and scanned copies or photos of the front and back of the ID cards of the persons in charge of ICP Filing and the website.
- Other documents required by the local communications administration, such as a domain name certificate.
Websites are shut down and companies can be blacklisted by the Chinese Ministry of Industry and Information Technology if they do not comply with the ministry's requirements.
Coverage Internet Content Provision services

CHINA

Since June 2017
Since June 2017

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Provisions on the Administration of Internet News Information Services 《互联网新闻信息服务管理规定》

Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management《互联网信息内容管理行政执法程序规定》
According to Art. 5 of the Provisions on the Administration of Internet News Information Services, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public account, instant messaging tools, online live streaming and other such methods. In addition, pursuant to Art. 6 of the law, the applicant’s person-in-charge or chief editor must be a Chinese citizen and the applicant shall have a legal person legally established within the territory of the People's Republic of China. Furthermore, the applicant must separately obtain an Internet Content Provider (ICP) license or an ICP filing from telecom industry regulators. According to Art. 16 of the law, without an ICP number, a website can be shut down by the hosting provider with no notice.
Furthermore, all privately operated news services are obligated to have their operations overseen by personnel endorsed by the ruling party. Editorial staff working on these platforms need approval from national or local government internet and information offices, and their employees are required to undergo training and obtain reporting credentials from the central government. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
Coverage News providers

CHINA

Since March 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Administrative Regulations for Online Publishing Services (“Online Publishing Regulations”) 《网络出版服务管理规定》(简称网络出版规定)
There are strict guidelines for what can be published online and how the publisher should conduct business in China came into force in March 2016. According to Art. 10 of the Administrative Regulations for Online Publishing Services, Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures, and foreign-funded entities are not allowed to engage in online publishing services. Moreover, according to Art. 7 of the law, any publisher of online content, including texts, pictures, maps, games, animations, audio, and videos will be required to store their necessary technical equipment, related servers, and storage devices in China. Furthermore, any online publication service unit needs to get prior approval from the State Administration of Radio, Film, and Television (SARFT) if they want to cooperate on a project with any foreign company, joint venture, or individual.
Coverage Online Publishing Services

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