Is it Illegal for the Nobel Foundation to Award Nobel Prizes to Chinese Scientists or Institutions? A Study on Law on Chinese Management of Activities of Overseas Non-Governmental Organizations

  

On the morning of June 6, 2023, the Legal Affairs Committee of the China Biodiversity Conservation and Green Development Foundation (CBCGDF) invited experts and scholars in the field of law, as well as representatives from relevant organizations, to attend a special session for legal education and discussion on the "Law on the Management of Activities of Overseas Non-Governmental Organizations in the People's Republic of China."

 

The background of this meeting is the ongoing revision of the "Charity Law of the People's Republic of China." In the section on "promotional measures" of the draft for public opinion, a provision was added to encourage international charitable exchanges. In light of this context, how Chinese charitable organizations can "go global," enhance cooperation with overseas non-governmental organizations, and effectively tell the story of China requires a study of the relevant laws. During this meeting, several experts expressed their insightful viewpoints. The following is a summary of the speech delivered by Dr. Jinfeng Zhou, Secretary-General of the China Biodiversity Conservation and Green Development Foundation (CBCGDF).

 

(Note: The full text of the "Law on the Management of Activities of Overseas Non-Governmental Organizations in China" can be found in Chinese at: http://www.npc.gov.cn/zgrdw/npc/xinwen/2017-11/28/content_2032719.htm)

 

Dr. Zhou Jinfeng mentioned the following points in his speech:

 

1. We must study the "Law on the Management of Activities of Overseas Non-Governmental Organizations in China" and implement the Party Central Committee's strategy on social organizations' international engagement.

 

Today, we gather here to study Xi Jinping's thoughts on the rule of law and, guided by these thoughts, further study the "Law on the Management of Activities of Overseas Non-Governmental Organizations in the People's Republic of China." First, let's discuss why we organize this study session. In February of this year, I wrote a recommendation letter regarding this law, addressed to relevant leaders of the Party Central Committee, and received significant instructions in response. Therefore, the purpose of this meeting is to build upon that foundation and further improve our work.

 

On one hand, as the national-level primary society, the China Biodiversity Conservation and Green Development Foundation (CBCGDF) must earnestly implement the Party Central Committee's strategy of "going global," actively engage in international exchanges, and effectively convey the concepts of a "community of shared future for mankind" and an "Earth community." These goals cannot be achieved without international communication. Against this backdrop, a core issue we need to consider is how to accurately grasp the boundaries in the process of engagement. How can we strictly and conscientiously abide by the law? Therefore, during this meeting, we take this opportunity to once again emphasize to all CBCGDF staff, secondary institutions, and volunteers the importance of strictly complying with the law, respecting the law, and promoting legal literacy. This is the origin of our meeting today.

 

2. Analyzing the legal nature of the prize money for the Nobel Prize from the perspective of the "Law on the Management of Activities of Overseas Non-Governmental Organizations in China."

 

Since the enactment of the "Law on the Management of Activities of Overseas Non-Governmental Organizations in China" (hereinafter referred to as the Management Law), we immediately organized a study and have deepened our understanding through years of relevant work. Recently, some individuals have raised certain viewpoints, prompting us to believe that it is necessary to study and research this matter once again. Hence, we convened today's meeting.

 

Furthermore, we believe that now, after several years of implementation of the "Law on the Management of Activities of Overseas Non-Governmental Organizations in China" (seven years to be precise), it is time to propose a review to the National People's Congress and relevant departments. For example, we recommend the promulgation of "judicial interpretations" and "implementing regulations" to further consolidate the understanding and application of the "Law on the Management of Activities of Overseas Non-Governmental Organizations in China" and clearly define the boundaries of related work.

 

The legal content covered by the "Law on the Management of Activities of Overseas Non-Governmental Organizations in China" is quite extensive. Today, we will focus our discussions on several topics.

 

 

The law we discussed today, the "Overseas Non-Governmental Organizations' Activities Management Law," covers various aspects. We focused on several topics during our discussion:

 

1). The legislative purpose of this law is outlined in the "General Provisions" chapter. (Details can be found in reference 1.)

 

2) Article 32 of the law primarily regulates overseas non-governmental organizations. As domestic institutions, the relevant section for us is Article 32, which states that "Any unit or individual in China shall not accept the entrustment, funding, agency, or disguised agency of unregistered representative offices of overseas non-governmental organizations for conducting unrecorded temporary activities in China." So, we need to be aware of which activities and work fall under this provision. (Details can be found in reference 2.)

 

3). Another important article is Article 46 of the "Overseas Non-Governmental Organizations' Activities Management Law," which addresses legal responsibilities. (Details can be found in reference 3.)

 

Now, we have a question. Is it legal or illegal, according to the "Overseas Non-Governmental Organizations' Activities Management Law," for a Chinese scientist or institution to receive the international "Nobel Prize"? We know that the Nobel Prize is awarded by an overseas foundation, the Nobel Foundation, which currently doesn't have a representative office in China. Additionally, it is evident that the Nobel Prize does not undergo a "temporary activity filing" in China for each award ceremony. So, if a Chinese scientist or institution were to receive a Nobel Prize, would it be considered a violation of the "Overseas Non-Governmental Organizations' Activities Management Law"?

 

Due to the recognition and reputation of the Nobel Prize, one might instinctively think that it should not be considered illegal for the Nobel Foundation to award the prize to a Chinese scientist or institution.

 

However, have we thoroughly researched the legal aspects? How should we approach and interpret this matter? While the Nobel Prize is somewhat distant from us, we can also consider scenarios such as applying for overseas research or scholarships and receiving grants or financial aid from abroad. Are these actions legal or illegal? Most foreign universities are non-profit and tax-exempt institutions. If we apply for scholarships from such universities, is it a violation of the law? These are the questions we need to discuss.

 

Another question pertains to sponsorship and donations.

 

Are the overseas donations we apply for considered legal or illegal? If we receive an overseas donation that comes with specific requirements, such as "acting as an agent or a disguised agent for the overseas non-governmental organization in conducting activities in China," it is certain that such activities require filing. Failure to file would undoubtedly violate Article 32. However, what if the donation is Unrestricted Donation ("非限定捐赠"，which means without specific purposes), and after receiving the donation, we use the funds for research, public welfare, or activities permitted by laws and regulations? Would that be considered legal? Furthermore, for awards like the Nobel Prize, the recipients are unaware in advance and only become aware of the possibility of nomination. The final decision rests with the selection committee, who inform the recipients after the decision is made. Therefore, it is not possible for recipients to complete registration procedures in advance. Many awards and donations are also impossible to predict in advance. In such cases, if a donation or funding is received and subsequently needs to be returned, are there specific regulations regarding the timeframe for returning the funds?

 

3. The Need for Robust Legal Safeguards to Actively Engage in Global Environmental and Technological Governance and Tell China's Story

 

Some scholars argue that this law has become a legal framework hindering exchanges between China and foreign entities. However, I hold reservations regarding this viewpoint. We need to study the Law, and to reflect, and to advise our government when it comes to practical experiences to help improving rules of law.

 

On one hand, we need to actively participate in global environmental and technological governance and effectively tell the good China stories to the world. This requires engaging with the international community. Without engagement, there'll be a lack of our voices.

 

On the other hand, we must thoroughly study and understand relevant laws and regulations.

 

Additionally, we should actively provide suggestions and recommendations, striving to standardize and address any issues encountered in practice through judicial interpretations and implementation guidelines. This approach will facilitate the achievement of our objectives, not to benefit foreign social organizations, but to benefit our international exchanges, promote China's narrative, foster a community with a shared future for humanity, and advance our related work.

 

Furthermore, we kindly request that every expert and scholar, despite any repetition from previous speakers, restate their viewpoints and perspectives. This slight deviation from a typical seminar is necessary because we aim to compile the proceedings as materials for reporting to relevant departments, further follow-up and implementation, and submit comprehensive recommendations to the National People's Congress and the Chinese People's Political Consultative Conference. I will send a letter containing my recommendations to the Chairman of the Chinese People's Political Consultative Conference, and I will share it with the group. If anyone is interested, they are encouraged to review it and provide valuable insights. This collaborative effort will help us generate tangible and feasible outcomes to facilitate our international engagement, promote international cooperation, and excel in our related endeavors.

 

(This article represents the speakers' stand. Comments are welcome)

 

Compiler: Honglan Yang

Translator: Xiaoai

Editor: Samantha

 

________________________

 

REFERENCES OF THE ORIGINAL ARTICLES, MACHINE-TRANSLATED:

ARTICLES OF THE LAW:

http://www.npc.gov.cn/zgrdw/npc/xinwen/2017-11/28/content_2032719.htm

 

【Reference #1】

 

Article 1 states: "In order to regulate and guide the activities of overseas non-governmental organizations within China, safeguard their legitimate rights and interests, promote exchanges and cooperation, this law is formulated."

 

Article 2: This law applies to the activities of overseas non-governmental organizations within China.

 

The term "overseas non-governmental organizations" as mentioned in this law refers to non-profit, non-governmental social organizations such as foundations, social groups, think tanks, etc., legally established overseas.

 

【Reference #2】

 

Article 32 stipulates: "Any unit or individual within China shall not accept the commission, funding, agency, or disguised agency of an unregistered representative office or engage in temporary activities without filing by an overseas non-governmental organization in China."

 

【Reference #3】

 

Article 46: If any of the following circumstances occur, the public security organs at or above the prefectural level shall ban or order the cessation of illegal activities, confiscate illegal assets and illegal gains, issue warnings to directly responsible individuals, and, in severe cases, detain them for up to ten days:

 

(1) Conducting activities in the name of an overseas non-governmental organization representative office or an overseas non-governmental organization without registration or filing;

 

(2) Conducting activities in the name of an overseas non-governmental organization representative office after the registration has been revoked, registration certificate has been revoked, or registration has been cancelled;

 

(3) Conducting activities within China after the temporary activity period of an overseas non-governmental organization has expired or after the temporary activity has been banned;

 

(4) Entrusting or funding domestic units and individuals within China to conduct activities without registering the representative office or filing the temporary activity.

 

Units and individuals within China who are aware that an overseas non-governmental organization does not have a registered representative office or a filed temporary activity and cooperate with them, or accept their commission, funding, agency, or disguised agency to carry out activities or handle project funds, shall be punished in accordance with the provisions of the preceding paragraph.

 

 

————————————————————

————————————————————

【RELAVANT REPORTS】

 

MA Yong: Crucial to Clarify the Enforcement Boundaries of the Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China

http://www.cbcgdf.org/English/NewsShow/5012/23707.html

 

TAN Boping:Ecological and Environmental Protection Knows no Borders | Discussion on the Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China

http://www.cbcgdf.org/English/NewsShow/5010/23691.html

 

Focusing on Legal Issues of Overseas Rewards and Donations | CBCGDF Law Working Committee Holds a Seminar on the "Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China"

http://www.cbcgdf.org/English/NewsShow/5012/23679.html

 

Professor Xiong Wenzhao Delivered a Speech about Management of Activities of Overseas Non-Governmental Organizations in the People's Republic of China Law on "Melodious Deer Chirping—CBCGDF Expert Interview"

http://www.cbcgdf.org/English/NewsShow/5007/23697.html

 

Contribution

Do you know? CBCGDF is a non-profit organization. We rely on crowd-funding and donations. You have the opportunity to help us to advance biodiversity conservation. Donate TODAY to power up the movement to make it a better world for all life.

https://www.paypal.me/CBCGDFChina