(CMM No. (2006)1355)
All provincial, autonomous region and municipal culture offices (bureaus), Xinjiang Production-Construction Corps Culture Bureau, Beijing, Shanghai, and Chongqing culture market law enforcement teams:
Recently, a number of audiovisual publishing and distribution work units have gravely violated State laws and regulations concerning audiovisual product import, by without approval, unlawfully publishing and distributing imported audiovisual products in ways such as block printing and numbering. A number of those unlawfully published and distributed imported audiovisual products contain content prohibited by State regulations. These unlawful activities of unauthorized import of foreign audiovisual products both gravely disorders audiovisual market order, and gravely violates State culture import management systems, endangers national cultural security, and must be strictly prohibited, and determinedly investigated and prosecuted. Hereby, the relevant matters are notified as follows:
I, A desirable audiovisual product import order is both beneficial to the speedy development of the domestic national audiovisual industry, and is also beneficial to our country’s implementation of international commitments, and protecting national cultural security. All localities and all relevant entities and audiovisual publishing and distribution work units must give high regard to State culture import management work, earnestly implement all management regulations, persist in keeping the “Cultural Gate”, safeguard national cultural security and interest.
II, Imported foreign (including our country’s Hong Kong, Macau and Taiwan regions’) audiovisual product, must be approved by the Ministry of Culture. Audiovisual products imported without Ministry of Culture approval, are unlawful audiovisual products without exception.
III, From 20 July 2006 until the end of the year, concentrated clean-up, investigation and prosecution is conducted against activities involving unlawfully published and distributed imported audiovisual products, and all sorts of unlawful import activities are determinedly attacked.
From 20 July until 20 August is the first phase, publishing and distributing work units engaging in audiovisual product import business conduct self-examination and self-rectification, and on their own accord clean up audiovisual products imported in violation of laws or regulations, all unlawful business activities are stopped, and imported audiovisual products suspected to be unlawful are returned for registration and sealing, and afterwards submitted to the provincial, autonomous region or municipal culture office (bureau) for destruction.
From 20 august until the end of the year is the second phase, all audiovisual publishing and distribution work units discovered to continue to deal in unlawful audiovisual products, will be without exception gravely punished according to the law, acceptance of import applications will be stopped, cessation of business for rectification up until cancelling audiovisual business permits are imposed, and they are reported for criticism in the entire sector.
IV, From 20 August, the Ministry of Culture and all local administrative culture law enforcement organs will conduct daily inspection of a number of audiovisual product publishing and distribution work units. Publishing and distribution work units engaging in import business must prepare relevant import documents, in preparation for examination.
V, The Ministry of Culture Cultural Market Department prints a catalogue of all audiovisual products approved for import by the Ministry of Culture, and opens a special column on the China Cultural Market Website (www.ccm.gov.cn) audiovisual and film channel. All those not conforming to the characteristics of the announced imported audiovisual product catalogue, will be investigated, confiscated and punished by administrative culture market law enforcement organs according to the law. At the same time, all localities’ work progress circumstances will also be reported in the special column.
VI, All levels’ administrative culture market law enforcement organs must pay high regard to attacking unlawful import work, and deploy these work matters together with the important content of the Central Propaganda Department and Ministry of Culture-deployed cultural market “Anti-Piracy Hundred Days Campaign” and the Ministry of Culture-deployed cultural market concentrated law enforcement season campaign, guide and organize local audiovisual publishing and distribution work units to strictly conduct self-examination and self-rectification, and rapidly correct, investigate and prosecute work units not developing work according to relevant regulations or going against the wind and committing offences.
VII, Guangdong, Anhui, Guangxi, Heilongjiang, and Shandong provincial (regional) culture offices must specially research and resolve local the problem of local audiovisual publishing and distribution work units unlawful import, and report the work plan before 1 August to the Ministry of Culture Cultural Market Department. All localities investigating and prosecuting cases involving audiovisual publishing and distribution work units from other provinces (regions, municipalities), must timely communicate with the Ministry of Culture Cultural Market Department and local relevant management entities, not leaving transferring space to unlawful operators, and persistently attack and eliminate unlawfully imported “black sheep”, promoting a swift turn for the better in imported audiovisual product business order.
All localities are requested to timely report the situations of the first phase of self-examination and self-rectification and the second phase of law enforcement inspection as well as investigation and prosecution of large and major cases, etc., to the Ministry of Culture Cultural Market Department. Telephone: 010-65551896, Fax: 010-65551880, e-mail: email@example.com
It is hereby notified
Ministry of Culture
14 July 2006