China’s new draft law on NGOs will substantially limit the ability of a wide range of organizations to work in China. The key sticking point in the new law is that it places regulatory authority over foreign NGOs with China’s State Security Bureau, rather than the Ministry of Civil Affairs, which regulates domestic NGOs. Police will be allowed to enter and inspect offices, and seize documents and equipment. The United States has long been critical of China’s record on human rights, and this proposed law, which was released for comment on June 8, will be a focal point in that discussion.
China’s response to U.S. pressure on this issue will likely turn on its view that foreign elements are stirring up trouble in China. This is the same argument that China used to explain the Occupy Central pro-democracy demonstrations in Hong Kong. Reading between the lines, it is clear that in both instances, when China says “foreign elements,” it means the United States and its allies