The Article 53 university carve-out trouble

This week on Sinica, I speak with Mark Sidel, the Doyle Bascom Professor of Law and Public Affairs at the University of Wisconsin-Madison and a senior fellow at the International Center for Not for Profit Law.

Mark has written extensively on law and philanthropy in China and across Asia, including widely cited analyses of how the Chinese security state came to play a central role in managing foreign civil society organizations. Since the Law on the Management of Domestic Activities of Overseas NGOs took effect on January 1, 2017, China has introduced a remarkably comprehensive, vertically integrated system of oversight for foreign NGOs, foundations, and nonprofits.

We discuss how this system combines securitization and political risk management with selective accommodation of service provision and technical expertise, Mark’s typology of organizational responses (survivors, hibernators, regionalizers, work-arounders, and leavers), the requirement that foreign NGOs secure professional supervisory units, the impact on China’s domestic nonprofit ecosystem, and what this tells us about the party-state’s long-term vision for controlled engagement with the outside world.

4:43 – The landscape of non-state organizations before the 2016 law

7:06 – What changed: color revolutions, Arab Spring, and domestic anxieties

9:08 – Public security intellectuals and their influence on the law

11:51 – How registration and temporary activity filing systems work in practice

13:48 – Why the Ministry of Public Security, not Civil Affairs, was put in charge

19:31 – The professional supervisory unit requirement and dependency relationships

22:48 – How the state shifted foreign NGO work away from advocacy without banning it

26:17 – Mark’s typology: survivors, hibernators, regionalizers, work-arounders, and leavers

35:19 – What correlates with success for those who have survived

40:41 – Impact on China’s domestic nonprofit ecosystem and professional intermediaries

45:54 – What makes China’s system distinctive compared to India, Egypt, Russia, and Vietnam

50:19 – The Article 53 problem and university partnerships

55:32 – Advice for mid-sized foundations or NGOs considering work in China today

Paying it Forward: Neysun Mahboubi and the Penn Project on the Future of U.S.-China Relations

Recommendations:

Mark: Everyday Democracy: Civil Society, Youth, and the Struggle Against Authoritarian Culture in China by Anthony Spires

Kaiser: The music of Steve Morse (Dixie Dregs, The Dregs, Steve Morse Band)

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