VII. Import

“Overseas TV Programs” as defi ned by Chinese law refer to overseas films, TV series (TV cartoons) and other TV programs (such as educational, scientific and cultural TV programs) to be broadcast by the TV stations. At present, China does not allow the import of overseas programs of current news.

1．Import Requirements

(1) Content requirements

The provincial administrative department of radio and television shall strengthen the examination of the theme and content from the beginning of the project, and shall not introduce overseas film and television series with criminal, violent and vulgar content.

(2) Broadcast Requirements

①TV stations broadcasting overseas TV programs shall indicate the distribution license number at the beginning of the program. Each TV channel shall not broadcast overseas TV programs in full in the disguised form of a column short play or introducing overseas TV programs without the approval of the State Administration of Radio and Television and without obtaining a distribution license.

②An overseas TV program (other than a film or TV series) imported upon approval shall be re-packed and re-edited. It may not be directly broadcasted as a set program at a fixed time slot.

③The time for broadcasting overseas films and TV series per day by a television channel may not exceed 25% of the total time within the current day for broadcasting films and TV Series by this television channel. The time for broadcasting other overseas TV programs per day by a television channel may not exceed 15% of the total time for broadcasting within the current day by this television channel.

④Strengthen the management of the country ratio of broadcasting overseas programs in order to prevent some television channels from focusing on the broadcast of overseas programs of a certain country or region within a certain period of time.

⑤Other requirements are omitted here.

2．Regulatory Authority

According to Chinese law, the State Administration of Radio and Television shall be responsible for the examination and approval of the import of overseas films and TV series, and the import of other overseas TV programs through satellite transmission. A provincial administrative department of radio and television shall, upon authorization of the State Administration of Radio and Television, be responsible for the preliminary examination of the import of overseas films and TV series, and the examination and approval of other overseas TV programs and the supervision over the broadcasting of them. An administrative department of radio and television at the prefecture level shall be responsible for the supervision over the broadcasting of overseas TV programs within its administrative area.

3．Import process

The import of overseas films and TV series, and the import of other overseas TV programs through satellite transmission shall be applied for by entities designated by the State Administration of Radio and Television, and shall be consistent with the overall planning of the State Administration of Radio and Television. An import entity shall file an application with the provincial radio and television administrative department. After a provincial radio and television administrative department formally accepts an application for importing an overseas film or TV series, or any other overseas TV program through satellite transmission, it shall put forward detailed and clear opinions about the preliminary examination within the time limit as prescribed in the Administrative License Law and submit them to the State Administration of Radio and Television for examination and approval. After the State Administration of Radio and Television formally accepts an application, it shall decide whether to approve or disapprove the import within the time limit as prescribed in the Administrative License Law.For the examination on the import of an overseas film or TV series, expert appraisal shall be needed. The time for the appraisal shall be 30 days. If the State Administration of Radio and Television approves the import, it shall issue the applicant a TV series (TV Cartoon) Distribution License or give it a reply of approving the import of an overseas TV program (other than a film or TV series) through satellite transmission. If it disapproves the import, it shall give the import entity a written notice and make an explanation. Where an import entity is approved of importing an overseas TV program (other than a film or TV series) through satellite transmission, the import entity shall go through the relevant formalities such as the License for Receiving TV Programs Transmitted by Satellite upon the reply of the State Administration of Radio and Television.

4．Materials

To apply for the import of overseas films and TV series, the following materials shall be submitted: (1) an Application for the Import of Overseas Films and TV series; (2) the import contract (in Chinese and the relevant foreign language); (3) the certifi cation of copyright (in Chinese and the relevant foreign language); (4) a complete set of large 1/2 video tapes with the pictures, sound and time code; (5) an outline for each episode with at least 300 Chinese characters; and (6) captions in Chinese and the relevant foreign language for the beginning and end of the film (TV series) identical with those in the sample video tape. To apply for the introducing other overseas TV programs by satellite transmission, only the first three items of the materials mentioned above shall be admitted.