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Foreign Exchange Order

Cabinet Order No. 260 of October 11, 1980

The Cabinet, pursuant to Article 6, Article 9, Article 11-2, Articles 15 through 18, Articles 20 through 25, Article 66, Article 67, Article 69, Article 69-2, and Article 69-4 of the Foreign Exchange and Foreign Trade Control Act (Act No. 228 of 1949), and in order to enforce the provisions of the same Act, enacts this Cabinet Order.

Table of Contents

Chapter I General Provisions(Articles 1 to 3)

Chapter II Deleted

Chapter III Payment(Articles 6 to 8-2)

Chapter IV Capital Transactions(Articles 9 to 18-3)

Chapter IV-2 Report(Articles 18-4 to 18-9)

Chapter V Miscellaneous Provisions(Articles 19 to 27)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1This Cabinet Order is to specify necessary matters, etc. in regard to the payment, etc. prescribed in Chapters I, III and IV of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949; hereinafter referred to as the "Act"), control or coordination in relation to capital transactions or other transactions or acts, and the report, etc. pursuant to the provisions of Chapter VI-2 of the Act.

(Definitions)

Article 2(1)The means of payment specified by Cabinet Order as prescribed in Article 6, paragraph (1), item (vii) of the Act are the following:

(i)promissory notes (excluding those falling under securities or certificates prescribed in the following paragraph);

(ii)those which are similar to any of those set forth in Article 6, paragraph (1), item (vii), (a) or (b) of the Act or in the preceding item, which may be used for payment.

(2)The securities or certificates specified by Cabinet Order as prescribed in Article 6, paragraph (1), item (xi) of the Act are the deposit certificates of negotiable deposits or other securities or certificates, which are specified by Ministry of Finance Order.

(3)Market transactions of derivatives specified by Cabinet Order as prescribed in Article 6, paragraph (1), item (xiv) of the Act are the following:

(i)transactions set forth in Article 2, paragraph (21), item (i), and item (iv) through item (vi) of the Financial Instruments and Exchange Act (Act No. 25 of 1948) wherein the transfer of financial instruments (meaning financial instruments prescribed in paragraph (24) of the same Article; hereinafter the same applies in this Article), rights in relation to financial instruments, or monetary claims (excluding those that are financial instruments and those that are rights in relation to financial instruments; the same applies in item (i) of the following paragraph) is promised (excluding those wherein settlement of the transactions may be made only by paying or receiving the differences);

(ii)transactions set forth in Article 2, paragraph (21), item (iii) of the Financial Instruments and Exchange Act (excluding transactions in relation to transactions equivalent to the transactions set forth in item (ii) of the same paragraph which are specified by financial instruments exchanges).

(4)Over-the-counter transactions of derivatives specified by Cabinet Order as prescribed in Article 6, paragraph (1), item (xiv) of the Act are the following:

(i)transactions set forth in Article 2, paragraph (22), item (i), and item (v) through item (vii) of the Financial Instruments and Exchange Act wherein the transfer of financial instruments, rights in relation to financial instruments or monetary claims is promised (excluding those wherein settlement of the transactions may be made only by paying or receiving the differences);

(ii)transactions set forth in Article 2, paragraph (22), item (iii) of the Financial Instruments and Exchange Act.

(5)The transactions specified by Cabinet Order as prescribed in Article 6, paragraph (1), item (xiv) of the Act are transactions promising the transfer of the amount of money calculated based on the difference between the numeric value, which has been agreed upon between parties in advance as the interest rate, price of a currency, price of goods or numeric value of another index, and the actual numeric value of such index at a certain time in the future, or transactions similar thereto (limited to those which may be conducted as social activities or business pursuant to the provisions of an act or an order based on an act), which are specified by Ministry of Finance Order.

(Suspension of Transactions in Cases of Emergency)

Article 3(1)In this Article, the meanings of the terms set forth in the following items are as prescribed respectively in those items:

(i)financial index:Meaning a financial index prescribed in Article 2, paragraph (25) of the Financial Instruments and Exchange Act or an index similar thereto;

(ii)market transactions of derivatives:Meaning market transactions of derivatives prescribed in Article 2, paragraph (21) of the Financial Instruments and Exchange Act;

(iii)over-the-counter transactions of derivatives:Meaning over-the-counter transactions of derivatives prescribed in Article 2, paragraph (22) of the Financial Instruments and Exchange Act;

(iv)financial instruments exchange:Meaning a financial instruments exchange prescribed in Article 2, paragraph (16) of the Financial Instruments and Exchange Act;

(v)financial instruments market:Meaning a financial instruments market prescribed in Article 2, paragraph (14) of the Financial Instruments and Exchange Act;

(vi)foreign financial instruments market:Meaning a foreign financial instruments market prescribed in Article 2, paragraph (8), item (iii), (b) of the Financial Instruments and Exchange Act;

(vii)market transactions of derivatives, etc.:Meaning market transactions of derivatives or transactions similar to market transactions of derivatives conducted in a foreign financial instruments market;

(viii)financial instruments business operator:Meaning a financial instruments business operator prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act who engages in Type I financial instruments business prescribed in Article 28, paragraph (1) of the same Act or Type II financial instruments business prescribed in paragraph (2) of the same Article;

(ix)market transactions of derivatives in relation to a currency: Meaning market transactions of derivatives that fall under the following transactions:

(a)among the transactions set forth in Article 2, paragraph (21), item (i) of the Financial Instruments and Exchange Act, those falling under currency sales transactions;

(b)among the transactions set forth in Article 2, paragraph (21), item (iii) of the Financial Instruments and Exchange Act (excluding those in relation to the transactions set forth in item (ii) of the same paragraph), those in relation to a currency;

(c)among the transactions set forth in Article 2, paragraph (21), item (ii) of the Financial Instruments and Exchange Act or the transactions set forth in item (iii) of the same paragraph (limited to those in relation to the transactions set forth in item (ii) of the same paragraph), those in relation to a financial index for a currency;

(x)over-the-counter transactions of derivatives in relation to a currency: Meaning over-the-counter transactions of derivatives that fall under the following transactions:

(a)among the transactions set forth in Article 2, paragraph (22), item (i) of the Financial Instruments and Exchange Act, those falling under currency sales transactions;

(b)among the transactions set forth in Article 2, paragraph (22), item (iii) of the Financial Instruments and Exchange Act, those in relation to a currency (excluding those falling under the transactions set forth in (c));

(c)among the transactions set forth in Article 2, paragraph (22), item (ii) of the Financial Instruments and Exchange Act or the transactions set forth in item (iii) of the same paragraph, those in relation to a financial index for a currency;

(xi)member, etc. of a financial instruments exchange:Meaning a member, etc. prescribed in Article 81, paragraph (1), item (iii) of the Financial Instruments and Exchange Act;

(xii)foreign means of payment, etc.:Meaning foreign means of payment or claims in a foreign currency (meaning claims receivable in foreign currency);

(xiii)sales transactions, etc. through foreign means of payment, etc.:Meaning sales transactions through foreign means of payment, etc. (excluding those falling under over-the-counter transactions of derivatives or market transactions of derivatives, etc.) or transactions similar to market transactions of derivatives in relation to a currency, which are conducted outside the financial instruments market and foreign financial instruments market (excluding those falling under sales transactions through foreign means of payment, etc.);

(xiv)market for foreign exchanges between banks, etc.:Meaning a market in which sales transactions, etc. of foreign means of payment, etc. are conducted by use of a telecommunications facility between banks or others that conduct sales transactions, etc. of foreign means of payment, etc. in the course of trade.

(2)If the Minister of Finance orders, pursuant to Article 9, paragraph (1) of the Act, those set forth in the following items to suspend transactions in relation to capital transactions prescribed respectively in those items (meaning capital transactions prescribed in Article 20 of the Act; the same applies hereinafter), when finding it urgently necessary for the purpose of maintaining the stability of currency, the Minister is to do so designating the scope of transactions subject to the suspension order by a public notice for transactions prescribed in item (i) or by a notice to those set forth in item (ii) or (iii) for transactions prescribed in item (ii) or (iii); provided, however, that with regard to transactions prescribed in item (i) which are conducted by those set forth in the same item, when the Minister of Finance finds that it would be difficult to achieve the purpose of the Act if the scope of transactions subject to the suspension order is designated by a public notice, the scope of the transactions may be designated by a posting at the Ministry of Finance and the Bank of Japan or other method specified by Ministry of Finance Order:

(i)among residents who conduct sales transactions, etc. of foreign means of payment, etc. in the market for foreign exchange between banks, etc. in the course of trade, those specified by Ministry of Finance Order (referred to as the "participants in the specified foreign exchange market" in paragraph (5)):Transactions in relation to the occurrence, alternation or extinction of claims based on a contract in relation to sales transactions, etc. of foreign means of payment, etc. (hereinafter referred to as the "transactions in relation to the occurrence, etc. of claims"), which are conducted in the market for foreign exchange between banks, etc.;

(ii)member, etc. of a financial instruments exchange: The following capital transactions:

(a)among the transactions in relation to the occurrence, etc. of claims based on a sales contract for foreign means of payment, etc., market transactions of derivatives that fall under the transactions set forth in item (ix), (a) or (b) of the preceding paragraph;

(b)among the transactions in relation to the occurrence, etc. of claims based on a futures contract on a financial index, etc. (limited to such contracts in relation to a financial index for a currency; hereinafter the same applies in this paragraph), those conducted in the financial instruments market established by a financial instruments exchange;

(c)among the transactions in relation to the occurrence, etc. of claims based on a sales contract for foreign means of payment, etc. or a futures contract on a financial index, etc., those falling under the transactions set forth in item (x) of the preceding paragraph;

(iii)financial instruments business operators or those specified by Ministry of Finance Order: The following capital transactions:

(a)among the transactions in relation to the occurrence, etc. of claims based on a sales contract for foreign means of payment, etc., transactions similar to market transactions of derivatives that fall under the transactions set forth in item (ix), (a) or (b) of the preceding paragraph, which are conducted in the foreign financial instruments market;

(b)transactions similar to the transactions in relation to the occurrence, etc. of claims based on a futures contract on a financial index, etc., which are conducted in the foreign financial instruments market.

(3)When the Minister of Finance orders the suspension of transactions in relation to capital transactions through designation by a method prescribed in the proviso of the preceding paragraph, the Minister is to take measures for making public that effect and the content of the order (meaning the content of capital transactions designated as the subject of the suspension order and the period of the suspension order) and also promptly give a public notice thereon.

(4)With regard to suspension ordered pursuant to the provisions of paragraph (2), the period specified by Cabinet Order as prescribed in Article 9, paragraph (1) of the Act is the period not exceeding one month specified by the Minister of Finance.

(5)The participants in the specified foreign exchange market, members, etc. of a financial instruments exchange, financial instruments business operators or those specified by Ministry of Finance Order, who have been ordered to suspend capital transactions pursuant to the provisions of paragraph (2) may not conduct the designated capital transactions within the period specified by the Minister of Finance as set forth in the preceding paragraph.

Chapter II Deleted

Article 4Deleted.

Article 5Deleted.

Chapter III Payment

(Permission for Payment)

Article 6(1)If the Minister of Finance or the Minister of Economy, Trade and Industry imposes, pursuant to Article 16, paragraphs (1) through (3) of the Act, the obligation to obtain permission for payment from Japan to a foreign state by a resident or a non-resident or for payment, etc. (meaning payment or receipt of payment; the same applies hereinafter) by a resident to a non-resident, the Minister is to do so designating payment, etc. that require permission, after clarifying, in advance, by a public notice, the provision, among these provisions, based on which the obligation to obtain permission is imposed.

(2)If a resident or a non-resident intends to make a payment, etc. designated pursuant to the provisions of the preceding paragraph, the resident or non-resident must obtain permission from the Minister of Finance or the Minister of Economy, Trade and Industry through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(3)If one payment, etc. that a resident or a non-resident intends to make falls under two or more kinds of payment, etc. designated pursuant to the provisions of paragraph (1) based on two or more provisions of Article 16, paragraphs (1) through (3) of the Act, if the resident or non-resident intends to file, pursuant to paragraph (4) of the same Article, an application for permission as prescribed in the two or more provisions in block in regard to the one payment, etc. that the resident or non-resident intends to make, the resident or non-resident is to file the application through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry, after clarifying the provision, among paragraphs (1) through (3) of the same Article, based on which the obligation to obtain permission has been imposed for the payment, etc. for which the application for permission has been filed.

(4)If the Minister of Finance or the Minister of Economy, Trade and Industry has imposed the obligation to obtain permission for a payment, etc. pursuant to the provisions of paragraph (1), the Minister must, when finding that there is no longer a need to impose the obligation, promptly cancel the obligation through public notice.

(5)The cases specified by Cabinet Order as prescribed in Article 16, paragraph (5) of the Act are the cases of making a payment, etc. for the importing or exporting of goods for which the obligation to obtain permission or approval is imposed pursuant to the provisions of the following laws and regulations, which has been designated by a public notice by the Minister of Economy, Trade and Industry as finding, by considering the parties to the importing or exporting of the goods and the content thereof and other matters, that even if the payment, etc. is made, no particular obstruction to achieving the purpose of the Act would be caused:

(i)Article 48, paragraph (1) of the Act;

(ii)Article 2, paragraph (1) of the Export Trade Control Order (Cabinet Order No. 378 of 1949) or Article 4, paragraph (1) of the Import Trade Control Order (Cabinet Order No. 414 of 1949).

(Scope of Restrictions on Payment)

Article 6-2(1)Financial institutions specified by Cabinet Order as prescribed in Article 16-2 of the Act are the following:

(i)banks (meaning banks prescribed in Article 2, paragraph (1) of the Banking Act (Act No. 59 of 1981); the same applies in Article 11-2, paragraph (1)), long-term credit banks (meaning long-term credit banks prescribed in Article 2 of the Long-Term Credit Bank Act (Act No. 187 of 1952); the same applies in Article 11-2, paragraph (1)), credit unions, federations of credit unions, workers' credit union banks, federations of workers' credit union banks, credit cooperatives and federations of credit cooperatives (meaning federations of cooperatives that conduct business set forth in Article 9-9, paragraph (1), item (i) of the Small and Medium-Sized Enterprises Cooperatives Act (Act No. 181 of 1949));

(ii)agricultural cooperatives, federations of agricultural cooperatives, fisheries cooperatives, federations of fisheries cooperatives, fishery processing cooperatives and federations of fishery processing cooperatives, which may accept savings or thrift savings in the course of trade;

(iii)the Bank of Japan, Norinchukin Bank, Shokochukin Bank Limited., the Development Bank of Japan, and Japan Bank for International Cooperation.

(2)Payment, etc. specified by Cabinet Order as prescribed in Article 16-2 of the Act is payment, etc. made based on a sales contract (limited to that for which both payment in relation to the payment, etc. and the receipt thereof are conducted in Japan; hereinafter the same applies in this paragraph) or other payment, etc. specified by the Minister of Finance or the Minister of Economy, Trade and Industry, of which the amount is not more than that equivalent to one hundred thousand yen.

(3)Where the Minister of Finance or the Minister of Economy, Trade and Industry, pursuant to the provisions of Article 16-2 of the Act, prohibits a person who has made payment, etc., for which the obligation to obtain permission is imposed pursuant to the provisions of Article 16, paragraph (1) of the Act, without obtaining the permission from making, in whole or in part, payment from Japan to a foreign state and payment, etc. between a resident and a non-resident, or imposes on such a person the obligation to obtain permission, the Minister is to do so designating by a notice in advance to that person, payment, etc. that are prohibited or that require permission.

(4)If a person who has been obliged to obtain permission for the payment, etc. pursuant to the provisions of the preceding paragraph intends to make payment, etc. designated by a notice set forth in the same paragraph as the payment, etc. that requires permission, the person must obtain permission from the Minister of Finance or the Minister of Economy, Trade and Industry through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(5)If the Minister of Finance or the Minister of Economy, Trade and Industry, pursuant to the provisions of paragraph (3), has prohibited, in whole or in part, payment, etc. or imposed the obligation to obtain permission for the payment, etc., the Minister must, when finding that there is no longer a need to prohibit or impose the obligation to obtain permission, promptly cancel the prohibition or the obligation to obtain permission by a notice to the person who has been prohibited or obliged to obtain permission.

(6)When the Minister of Finance or the Minister of Economy, Trade and Industry is unable to ascertain the domicile or residence, or the location of the business office or office of a person to whom a notice pursuant to the provisions of paragraph (3) is to be given, the Minister may designate payment, etc. that is prohibited or that requires permission, after clarifying, by public notice instead of a notice pursuant to the same paragraph, a person who is prohibited from making, in whole or in part, payment, etc. prescribed in the same paragraph or obliged to obtain permission for such payment, etc.In this case, with regard to the application of provisions of the preceding two paragraphs in the cases where the Minister of Finance or the Minister of Economy, Trade and Industry has given the public notice, the terms "preceding paragraph" and "notice" in paragraph (4) are deemed to be replaced with "preceding paragraph and paragraph (6)" and "public notice", respectively, and the terms "paragraph (3)" and "notice to the person who has been prohibited or obliged to obtain permission" in the preceding paragraph are deemed to be replaced with "paragraph (3) and the following paragraph" and "public notice", respectively.

(Transactions Subject to the Obligation of Confirmation by Banks)

Article 7The transactions or acts specified by Cabinet Order as prescribed in Article 17, item (iii) of the Act are the following transactions or acts (excluding those designated by the Minister of Finance or the Minister of Economy, Trade and Industry by a public notice):

(i)specified capital transactions prescribed in Article 24, paragraph (1) of the Act for which the obligation to obtain permission is imposed pursuant to the provisions of paragraph (1) or (2) of the same Article;

(ii)service transactions, etc. prescribed in Article 25, paragraph (6) of the Act for which the obligation to obtain permission is imposed pursuant to the provisions of the same paragraph;

(iii)among inward direct investment, etc. prescribed in Article 26, paragraph (2) of the Act for which the obligation to file a notification is imposed pursuant to the provisions of Article 27, paragraph (1) of the Act, those specified, pursuant to the provisions of Article 27, paragraph (1), by Cabinet Order as falling under the inward direct investment, etc. set forth in Article 27, paragraph (3), item (iii) of the Act;

(iv)importing of goods for which the obligation to obtain approval is imposed pursuant to the provisions of Article 52 of the Act (limited to those for which the obligation to obtain approval was imposed by the Minister of Economy, Trade and Industry from the same viewpoint as that adopted in the cases where the Minister imposes, pursuant to the provisions of Article 16, paragraph (1) of the Act, the obligation to obtain permission for payment, etc.).

(Small Payments or Payment Exempt from the Obligation to Identify Customers of Banks)

Article 7-2A small payment or payment, etc. specified by Cabinet Order as prescribed in Article 18, paragraph (1) of the Act is a small payment or payment, etc. not more than the amount equivalent to 100,000 yen.

(Foreign Nationals Specified by Cabinet Order as Prescribed in Article 18, Paragraph (1), Item (i) of the Act)

Article 7-2-2Foreign nationals who do not have their domicile or residence in Japan who are specified by Cabinet Order as prescribed in Article 18, paragraph (1), item (i) of the Act are foreign nationals residing in Japan whose domicile or residence in the country to which that foreign national belongs cannot be confirmed by entries in that person's passport (meaning a passport as set forth in Article 2, item (v) of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951)) or crew member's pocket-ledgers (meaning crew member's pocket-ledgers set forth in Article 2, item (vi) of the Immigration Control and Refugee Recognition Act) that they possess.

(States, Local Governments, Associations or Foundations without Legal Personality or Those Specified by Cabinet Order)

Article 7-3Those specified by Cabinet Order as prescribed in Article 18, paragraph (3) of the Act are the following:

(i)states;

(ii)local governments;

(iii)associations or foundations without legal personality;

(iv)incorporated administrative agencies prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999);

(v)corporations of which not less than a half of the stated capital, funds or those equivalent thereto are contributed by a state or a local government (excluding those set forth in the preceding item, the following item and item (viii));

(vi)foreign governments, foreign governmental institutions, foreign local governments, foreign central banks or international organizations of which Japan is a member state;

(vii)workers who conclude a workers' property accumulation savings contract, etc. (meaning the workers' property accumulation savings contract prescribed in Article 6, paragraph (1) of the Act on the Promotion of Workers' Property Accumulation (Act No. 92 of 1971), the workers' property accumulation pension savings contract prescribed in paragraph (2) of the same Article, and the contract on workers' property accumulation savings for house construction prescribed in paragraph (4) of the same Article; the same applies in Article 11-4);

(viii)issuers of the securities set forth in the items of Article 27-2 of the Order for Enforcement of the Financial Instruments and Exchange Act (Cabinet Order No. 321 of 1965) (excluding securities set forth in Article 2, paragraph (1), item (xi) of the Financial Instruments and Exchange Act and those in relation to such securities, and those falling under the tradable securities prescribed in Article 67-18, item (iv) of the Act);

(ix)those specified by Ministry of Finance Order as equivalent to those set forth in the preceding items.

(Permission for Importing or Exporting of Means of Payment)

Article 8(1)Where the Minister of Finance imposes, pursuant to Article 19, paragraph (1) or (2) of the Act, the obligation to obtain permission for importing or exporting of the means of payment or securities prescribed in paragraph (1) of the same Article, or precious metal (hereinafter referred to as the "means of payment, etc.")) by a resident or a non-resident, the Minister is to do so designating, in advance, by a public notice, the importing or exporting of the means of payment, etc. that require permission.

(2)When a resident or a non-resident intends to import or export the means of payment, etc. designated pursuant to the provisions of the preceding paragraph, the resident or non-resident must obtain permission from the Minister of Finance through procedures specified by Ministry of Finance Order.

(3)Where the Minister of Finance has imposed, pursuant to the provisions of paragraph (1), the obligation to obtain permission for importing or exporting of the means of payment, etc., the Minister must, when finding that there is no longer a need to impose the obligation, promptly cancel the obligation by a public notice.

(Notification of Importing or Exporting of Means of Payment)

Article 8-2(1)The cases specified by Cabinet Order as prescribed in Article 19, paragraph (3) of the Act are the cases other than the cases of intending to import or export the means of payment, etc. that fall under any of the following items by carrying them:

(i)means of payment or securities prescribed in Article 19, paragraph (1) of the Act (limited to those respectively specified by Ministry of Finance Order), for which the amount calculated as its value by a method specified by Ministry of Finance Order (where two or more means of payment are involved, where two or more securities are involved, or where two or more means of payment and securities are involved in total, the total of the amounts calculated by the means specified by Ministry of Finance Order as the values of each) exceeds that equivalent to one million yen (or 100,000 yen for cases specified by the Minister of Finance as cases of intending to import or export the means of payment or securities by carrying them, designating a specified region as destination or place of shipment, while taking into consideration the status of economic transactions with Japan and other circumstances);

(ii)precious metal (limited to that specified by Ministry of Finance Order) whose weight (where two or more precious metals are involved, the total of the weights of each) exceeds one kilogram.

(2)Any person who intends to import or export the means of payment, etc. subject to notification pursuant to the provisions of Article 19, paragraph (3) of the Act must, pursuant to the provisions of Ministry of Finance Order, file the notification prior to the date on which the person intends to import or export it.

(3)The matters specified by Cabinet Order as prescribed in Article 19, paragraph (3) of the Act are the following matters:

(i)name and domicile or residence of a notifier (for a corporation, its name, location of its principal office and name of its representative);

(ii)kind, quantity, amount (for precious metal, weight), and destination or place of shipment of the means of payment, etc. to be imported or exported;

(iii)date of performance of importing or exporting of the means of payment, etc.;

(iv)other matters specified by Ministry of Finance Order.

Chapter IV Capital Transactions

(Current Expenditures)

Article 9(1)The transfer of funds specified by Cabinet Order as prescribed in Article 20, item (xi) of the Act is the following transfer of funds:

(i)transfer of funds in relation to personal expenses, fuel, light and water charges or other general administrative expenses, which are necessary for operating an office (excluding those in relation to the establishment or expansion of a branch office, factory or other business office);

(ii)transfer of funds prescribed in (a) to (c) below, between offices of a corporation in Japan and in a foreign state for transactions set forth in (a) to (c) below, which are conducted by the office of that corporation in Japan:

(a)importing or exporting of goods:Transfer of charges for the importing or exporting of the goods or freight, insurance fees or funds directly incidental to the importing or exporting of the goods;

(b)transactions related to the buying and selling, leasing and lending, or gifting of goods involving the movement of goods between foreign states:Transfer of charges for the buying and selling of the goods in relation to transactions or freight, insurance fees or other funds directly incidental to the transactions;

(c)service transactions:Transfer of consideration for service transactions or funds directly incidental to those service transactions.

(2)The term "service transactions" set forth in item (ii), (c) of the preceding paragraph means transactions designed to provide labor or benefit.

(Designation of Capital Transactions)

Article 10The transactions specified by Cabinet Order as prescribed in Article 20, item (xii) of the Act are those in relation to the occurrence, etc. of claims based on a sales contract for gold bullion between a resident and a non-resident.

(Capital Transactions That Require Permission from the Minister of Finance)

Article 11(1)Where the Minister of Finance imposes, pursuant to Article 21, paragraph (1) or (2) of the Act, on a resident or a non-resident the obligation to obtain permission for conducting capital transactions, the Minister is to do so designating capital transactions that require permission, after clarifying, in advance, by a public notice, the provision, among these provisions, based on which the obligation to obtain permission is imposed; provided however, if the Minister of Finance finds that it would become difficult to achieve the purpose of the Act if the capital transactions are to be designated by a public notice in the case of imposing, pursuant to the same paragraphs, the obligation to obtain permission for capital transactions by a resident or a non-resident, the capital transactions may be designated by a posting at the Ministry of Finance and the Bank of Japan or by other appropriate method specified by Ministry of Finance Order.

(2)When the Minister of Finance has designated capital transactions pursuant to the provisions of the proviso of the preceding paragraph, the Minister is to take measures for making public that effect and the content of the designated capital transactions and also promptly give a public notice thereon.

(3)If a resident or a non-resident intends to conduct capital transactions designated pursuant to the provisions of paragraph (1), the resident or non-resident must obtain permission from the Minister of Finance through procedures specified by Ministry of Finance Order.

(4)If one capital transaction that a resident or a non-resident intends to conduct falls under two or more kinds of capital transactions designated pursuant to the provisions of paragraph (1) based on Article 21, paragraph (1) or (2), when the resident or non-resident intends to file, pursuant to paragraph (5) of the same Article, an application for permission as prescribed in paragraphs (1) and (2) of the same Article in block in regard to the one capital transaction that the resident or non-resident intends to conduct, the resident or non-resident is to file the application through procedures specified by Ministry of Finance Order, after clarifying that the application for permission pertains to the capital transaction for which the obligation to obtain permission has been imposed pursuant to these provisions.

(5)If capital transactions designated pursuant to the provisions of paragraph (1) are the transactions set forth in Article 20, item (iv) or (ix) of the Act, when one party to the transactions has obtained permission pursuant to the provisions of paragraph (3), the other party to the transactions is not required to obtain permission pursuant to the provisions of the same paragraph, notwithstanding the provisions of the same paragraph.

(6)If the Minister of Finance has imposed, pursuant to the provisions of paragraph (1), the obligation to obtain permission for conducting capital transactions, the Minister must, when finding that there is no longer a need to impose the obligation, promptly cancel the obligation by a public notice.

(Handling of the Special International Financial Transactions Account)

Article 11-2(1)Financial institutions specified by Cabinet Order as prescribed in Article 21, paragraph (3) of the Act are banks, long-term credit banks, credit unions, federations of credit unions, Norinchukin Bank, Shokochukin Bank Limited, insurance corporations (meaning insurance corporations prescribed in Article 2, paragraph (2) of the Insurance Business Act (Act No. 105 of 1995) and foreign insurance corporations, etc. prescribed in paragraph (7) of the same Article) and financial instruments business operators (limited to financial instruments business operators prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act who conduct acts set forth in Article 28, paragraph (1), item (i) of the same Act in the course of trade).

(2)Those specified by Cabinet Order as prescribed in Article 21, paragraph (3) are corporations that have their principal office in a foreign state (excluding corporations established based on foreign laws and regulations) and non-resident business offices of banks, etc. prescribed in Article 16-2 of the Act (hereinafter referred to as the "banks, etc.") which are Japanese corporations.

(3)The deposit contract specified by Cabinet Order as prescribed in Article 21, paragraph (3), item (i) of the Act is a deposit contract (excluding those in relation to a negotiable deposit) that fulfills, according to the classification of deposit contracts set forth in the following items, the requirements prescribed respectively in those items:

(i)deposit contract with a non-resident prescribed in Article 21, paragraph (3), item (i) of the Act who is a financial institution or another kind specified by Ministry of Finance Order:With regard to a deposit contract with no set due date for refund, the refund is made on and after the day following the date of cancellation of the deposit contract, and with regard to a deposit contract with a set due date for refund, the due date for refund arrives on and after the day following the date of cancellation of the deposit contract;

(ii)deposit contract with a non-resident other than those set forth in the preceding item as prescribed in Article 21, paragraph (3), item (i) of the Act:The deposit contract is a deposit contract with a set due date for refund, and the due date for refund arrives on and after the date when two days have passed from the date of conclusion of the deposit contract, and the amount of deposit based on the deposit contract is not less than the amount specified by the Minister of Finance.

(4)The securities specified by Cabinet Order as prescribed in Article 21, paragraph (3), item (iii) of the Act are corporate bonds issued by corporations established based on foreign laws and regulations, public bonds issued by foreign governments and local governments, and bonds issued by foreign governmental institutions and international organizations or other securities specified by the Minister of Finance (hereinafter referred to as the "foreign public and corporate bonds, etc." in this Article).

(5)The transactions or acts specified by Cabinet Order as prescribed in Article 21, paragraph (3), item (iv) of the Act are the following:

(i)derivative transactions with a non-resident which are incidental to a deposit contract, etc. with a non-resident or a deposit contract for other account, etc.;

(ii)derivative transactions with a non-resident accompanying the possession of the foreign public and corporate bonds, etc. or liquid securities;

(iii)transactions in relation to the occurrence, etc. of claims based on a loan contract or a deposit contract for the foreign public and corporate bonds, etc., national government bond securities or liquid securities with a non-resident, which is concluded for the purpose of securing the transactions set forth in the preceding two items;

(iv)negotiation of national government bond securities to a non-resident;

(v)acquisition of national government bond securities with sell-back conditions from a non-resident;

(vi)acquisition of transferred national government bond securities with buy-back conditions from a non-resident;

(vii)acquisition of national government bond securities from a non-resident or those specified by Ministry of Finance Order, which is for negotiating national government bond securities with buy-back conditions or for conducting the transactions in relation to the occurrence, etc. of claims based on a loan contract or a deposit contract for national government bond securities or a loan contract with a monetary security for national government bond securities, which are conducted for the purpose of securing the transactions set forth in item (i) or (ii);

(viii)acquisition of liquid securities from a non-resident or negotiation thereof to a non-resident;

(ix)acquisition of liquid securities from the issuer thereof for negotiating liquid securities;

(x)transactions in relation to the occurrence, etc. of claims based on a loan contract with a monetary security for the foreign public and corporate bonds, etc., national government bond securities or liquid securities with a non-resident;

(xi)the following transactions or acts with another approved financial institution for special international financial transactions account (meaning financial institutions that have obtained approval from the Minister of Finance for setting, pursuant to the provisions of Article 21, paragraph (3) of the Act, the special international financial transactions account prescribed in the same paragraph (hereinafter referred to as the "special international financial transactions account" in this Article); hereinafter the same applies in this Article and in Article 18-7, paragraph (2), item (i)), of which accounting related to the operation or procurement of funds in relation to the transactions or acts is adjusted in the special international financial transactions account of another approved financial institution for the special international financial transactions account:

(a)transactions regarding the occurrence, etc. of claims based on a deposit contract (excluding those in relation to a negotiable deposit);

(b)transactions regarding the occurrence, etc. of claims based on a money loan contract;

(c)derivative transactions incidental to a deposit contract, etc. with a non-resident or a deposit contract for other account, etc.;

(d)derivative transactions accompanying the possession of the foreign public and corporate bonds, etc. or liquid securities;

(e)transactions in relation to the occurrence, etc. of claims based on a loan contract or a deposit contract for the foreign public and corporate bonds, etc., national government bond securities or liquid securities, which are conducted for the purpose of securing the transactions set forth in (c) or (d);

(f)acquisition or negotiation of the foreign public and corporate bonds, etc., national government bond securities or liquid securities;

(g)transactions in relation to the occurrence, etc. of claims based on a loan contract with a monetary security for the foreign public and corporate bonds, etc., national government bond securities or liquid securities.

(6)In the preceding paragraph, the meanings of the terms set forth in the following items are as prescribed respectively in those items:

(i)deposit contract, etc. with a non-resident:Meaning a deposit contract with a non-resident prescribed in Article 21, paragraph (3), item (i) of the Act, which is specified by Cabinet Order, a monetary loan contract with a non-resident or the acquisition of the foreign public and corporate bonds, etc. or liquid securities from a non-resident or negotiation thereof to a non-resident;

(ii)deposit contract for other account, etc.:Meaning a contract in relation to the transactions set forth in item (xi), (a) or (b) of the preceding paragraph with another approved financial institution for the special international financial transactions account, of which accounting related to the operation or procurement of funds in relation to the transactions is adjusted in the special international financial transactions account of the another approved financial institution for the special international financial transactions account, or the acquisition or negotiation of the foreign public and corporate bonds, etc. or liquid securities from or to another approved financial institution for the special international financial transactions account, of which accounting related to the operation or procurement of funds in relation to the act is adjusted in the special international financial transactions account of the another approved financial institution for the special international financial transactions account;

(iii)derivative transactions:Meaning the transactions in relation to the occurrence, etc. of claims based on a sales contract for means of payment or claims or a futures contract on a financial index, etc., which are specified by Ministry of Finance Order;

(iv)liquid securities:Meaning specified corporate bonds prescribed in Article 2, paragraph (9) of the Act on the Securitization of Assets (Act No. 105 of 1998), or beneficiary certificates prescribed in paragraph (15) of the same Article for which specified assets prescribed in paragraph (1) of the same Article are only the foreign public and corporate bonds, etc., or beneficiary certificates prescribed in Article 2, paragraph (7) of the Act on Investment Trusts and Investment Corporations (Act No. 198 of 1951) in relation to securities investment trust prescribed in paragraph (4) of the same Article for which the subject of investment are only the foreign public and corporate bonds, etc.

(7)Approved institutions for the special international financial transactions account must keep books and documents specified by Ministry of Finance Order and record, in these books and documents, the operation or procurement of funds in relation to the transactions or acts set forth in the items of Article 21, paragraph (3) of the Act by the standard and method specified by Ministry of Finance Order.

(8)The transfer of funds between the special international financial transactions account and other accounts must be as prescribed below:

(i)the amount in relation to the transfer of funds from the special international financial transactions account to other accounts at the closing time of every business day (if the current day is a holiday, the previous day thereof; hereinafter the same applies in this paragraph) does not exceed the amount calculated by multiplying the amount, which is obtained by dividing the monthly total of the amounts in relation to the operation of funds to non-residents prescribed in Article 21, paragraph (3) of the Act, of which accounting is settled in the special international financial transactions account at the closing time of every day in the month previous to the month to which the relevant day belongs, by the number of days of the month (where the amount obtained by dividing the total amount by the number of days of the month is not more than the amount specified by the Minister of Finance, the amount specified by the Minister of Finance), by the rate specified by the Minister of Finance (for the period from the day when an approved financial institution for the special international financial transactions account started accounting related to the special international financial transactions account to the last day of the month following the month to which the relevant day belongs, the amount instructed by the Minister of Finance by considering the state of money loan in foreign currency provided by the approved financial institution for the special international financial transactions account or other circumstances);

(ii)the monthly total of the amounts in relation to the transfer of funds from the special international financial transactions account to other accounts at the closing time of every day does not exceed the monthly total of the amounts in relation to the transfer of funds from other accounts to the special international financial transactions account.

(9)Approved financial institutions for the special international financial transactions account must confirm the other parties to the transactions or acts set forth in Article 21, paragraph (3), items (i) through (iii) of the Act of which accounting is settled in the special international financial transactions account and the transactions or acts set forth in the items of paragraph (5), by means of collecting documents specified by Ministry of Finance Order or by other methods specified by Ministry of Finance Order, and also confirm, pursuant to the provisions of Ministry of Finance Order, the use of funds in relation to money loan of which accounting is settled in the special international financial transactions account.

(Scope of Restrictions on Capital Transactions)

Article 11-3(1)Where the Minister of Finance, pursuant to Article 22, paragraph (1) of the Act, prohibits a person who has conducted capital transactions, for which the obligation to obtain permission is imposed pursuant to the provisions of Article 21, paragraph (1) of the Act, without obtaining the permission from conducting, in whole or in part, capital transactions, or imposes on such a person the obligation to obtain permission for conducting capital transactions, the Minister is to do so designating, in advance, by a notice to the person, the capital transactions that are prohibited or that require permission.

(2)When a person who has been, pursuant to the provisions of the preceding paragraph, obliged to obtain permission for capital transactions that the person conducts, intends to conduct capital transactions designated by a notice set forth in the same paragraph as those that require permission, the person must obtain permission from the Minister of Finance through procedures specified by Ministry of Finance Order.

(3)Where the Minister of Finance, pursuant to the provisions of paragraph (1), has prohibited a person from conducting, in whole or in part, capital transactions or imposed on a person the obligation to obtain permission for conducting capital transactions, the Minister must, when finding that there is no longer a need to prohibit capital transactions or impose the obligation to obtain permission, promptly cancel the prohibition or the obligation by a notice to the person who has been prohibited or obliged to obtain permission.

(4)If the Minister of Finance is unable to ascertain the domicile or residence, or the location of the business office or office, of a person to whom a notice pursuant to the provisions of paragraph (1) is to be given, the Minister may designate capital transactions that are prohibited or that require permission, after clarifying, by a public notice instead of a notice pursuant to the same paragraph, a person who is prohibited from conducting, in whole or in part, capital transactions or obliged to obtain permission for conducting transactions.In this case, with regard to the application of the provisions of the preceding two paragraphs in the cases where the Minister of Finance has given the public notice, the terms "preceding paragraph" and "notice" in paragraph (2) are deemed to be replaced with the "preceding paragraph and paragraph (4)" and "public notice", respectively, and the terms "paragraph (1)" and "notice sent to a person who has been prohibited or obliged to obtain permission" in the preceding paragraph are deemed to be replaced with "paragraph (1) and the following paragraph" and "public notice", respectively.

(Those Equivalent to Customers)

Article 11-4Those specified by Cabinet Order as prescribed in Article 22-2, paragraph (1) of the Act are the beneficiaries of trust contracts prescribed in Article 20, item (i) or (iv) of the Act (excluding those in relation to workers' property accumulation savings contracts, etc., workers' property accumulation benefit contracts prescribed in Article 6-2, paragraph (1) of the Act on the Promotion of Workers' Property Accumulation, workers' property accumulation fund contracts prescribed in Article 6-3, paragraph (1) of the same Act, asset management contracts prescribed in Article 65, paragraph (3) of the Defined-Benefit Corporate Pension Act (Act No. 50 of 2001), contracts set forth in the items of Article 65, paragraph (1) of the same Act which are concluded by corporate pension funds pursuant to the provisions of Article 66, paragraph (1) of the same Act and trust contracts prescribed in Article 66, paragraph (2) of the same Act, protective trust contracts concluded pursuant to the provisions of Article 51, paragraph (1) of the Act on the Transfer of Corporate Bonds, Shares, etc. (Act No. 75 of 2001), asset management contracts prescribed in Article 8, paragraph (2) of the Defined Contribution Pension Act (Act No. 88 of 2001), or other contracts specified by Ministry of Finance Order.

(Act of Concluding Contracts in Relation to Capital Transactions)

Article 11-5(1)Acts specified by Cabinet Order as prescribed in Article 22-2, paragraph (1) of the Act are the following acts (excluding acts of concluding a contract in relation to customer-oriented money trust (meaning trust pursuant to the provisions of Article 43-2, paragraph (2) of the Financial Instruments and Exchange Act) or designating beneficiaries in relation to such a contract, or other acts specified by Ministry of Finance Order); provided, however, that for the acts set forth in items (i) through (viii), acts committed with customers, etc. (meaning customers, etc. prescribed in Article 22-2, paragraph (1) of the Act, including natural persons who are deemed to be customers pursuant to the provisions of Article 18, paragraph (3) of the Act; hereinafter the same applies in this Article) whose identity has already been confirmed are excluded:

(i)conclusion of a deposit contract as prescribed in Article 20, item (i) or (iv) of the Act (limited to those on the acceptance of deposits);

(ii)conclusion of a trust contract as prescribed in Article 20, item (i) or (iv) of the Act (excluding contracts in which subject beneficial interest is the right indicated on securities prescribed in Article 2, paragraph (1) of the Financial Instruments and Exchange Act (excluding those set forth in items (xii) through (xiv) of the same paragraph; hereinafter the same applies in this Article) or the right deemed to be securities pursuant to the provisions of Article 2, paragraph (2) of the Financial Instruments and Exchange Act (excluding those set forth in items (i) and (ii) of the same paragraph), and trust contracts prescribed in Article 2, paragraph (1) of the Secured Debenture Trust Act (Act No. 52 of 1905); hereinafter referred to as the "trust contracts" in this Article);

(iii)designation or change of the beneficiary of a trust contract (excluding those in relation to acts prescribed in Article 2, paragraph (8), item (i) of the Financial Instruments and Exchange Act);

(iv)conclusion of a money loan contract as prescribed in Article 20, paragraph (2) or (4) of the Act (limited to those on loan of money by financial institutions, etc. (meaning financial institutions, etc. as prescribed in Article 22-2, paragraph (1) of the Act; hereinafter the same applies in this Article));

(v)conclusion of a sales contract for the means of payment or claims or another sales contract as prescribed in Article 20, item (iii) or (iv) of the Act (excluding those in relation to money exchange business as prescribed in Article 22-3 of the Act);

(vi)conclusion of a contract on the act of having customers, etc. conduct the acquisition or negotiation of securities prescribed in Article 20, item (v) of the Act;

(vii)conclusion of a futures contract on a financial index, etc. as prescribed in Article 20, item (viii) or (ix) of the Act, or the act of accepting entrustment of transactions in relation to a futures contract on a financial index, etc. or the act of acting as an intermediary, agency or agent for the entrustment;

(viii)among acts committed based on the conclusion of a contract in relation to capital transactions (excluding those in relation to money exchange business prescribed in Article 22-3 of the Act), acts of receiving or paying cash, bearer checks (meaning checks drawn as bearer checks set forth in Article 5, paragraph (1), item (iii) of the Checks Act (Act No. 57 of 1933) or checks deemed to be bearer checks pursuant to the provisions of paragraph (2) or (3) of the same Article; hereinafter the same applies in this item), bank cashier's checks (meaning checks drawn to self, pursuant to the provisions of Article 6, paragraph (3) of the same Act; hereinafter the same applies in this item), traveler's checks, or certificates or interest coupons of public and corporate bonds not bearing the owner's name (meaning public and corporate bonds set forth in Article 2, paragraph (1), item (ix) of the Income Tax Act), of which the amount exceeds that equivalent to two million yen (for bearer checks and bank cashier's checks, limited to those without crossing prescribed in Article 37, paragraph (1) of the Checks Act);

(ix)among acts set forth in the preceding items, acts committed with customers, etc. or representatives, etc. (meaning representatives, etc. as prescribed in Article 18, paragraph (2) of the Act; the same applies in the following item) in the cases where the customers, etc. or the representatives, etc. are suspected of having falsified the identifying particulars (meaning the identifying particulars prescribed in paragraph (1) of the same Article) at the time of identity confirmation (meaning the identity confirmation pursuant to the provisions of Article 18, paragraph (1) and Article 22-2, paragraph (1) of the Act; the same applies in the following paragraph);

(x)among acts set forth in items (i) through (viii), the acts committed in the cases where another party to the acts is suspected of pretending to be a registered person of the acts or representatives, etc.

(2)"Acts committed with customers, etc. whose identity has already been confirmed" prescribed in the preceding paragraph mean acts committed with customers, etc. in the following cases, for which financial institutions, etc. (in the cases set forth in items (iii) through (vi), including other financial institutions, etc. prescribed in these items) have confirmed that the identity confirmation has already been conducted in regard to the customers, etc. by a method specified by Ministry of Finance Order:

(i)if the financial institution, etc. has already conducted identity confirmation and also preserve a record of confirmation of identity (meaning record of confirmation of identity as prescribed in Article 18-3, paragraph (1) of the Act) in regard to the identity confirmation;

(ii)if the financial institutions, etc. have already committed acts with those set forth in Article 7-3 (excluding those set forth in item (iii) of the same Article; hereinafter the same applies in this paragraph) and have, in committing the acts, conducted identity confirmation in regard to natural persons who are deemed to be customers, etc. pursuant to the provisions of Article 18, paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 22-2, paragraph (2) of the Act, and also preserve a record of confirmation of identity in regard to the identity confirmation;

(iii)where the financial institutions, etc. commit acts prescribed in the preceding paragraph through entrustment to other financial institutions, etc., when the other financial institutions, etc. have already conducted identity confirmation of customers, etc. and also preserve a record of confirmation of identity in regard to the identity confirmation;

(iv)if the financial institutions, etc. commit the acts prescribed in the preceding paragraph through entrustment to other financial institutions, when the other financial institutions, etc. have already committed the acts with those set forth in Article 7-3 and have, in committing the acts, conducted the identity confirmation of natural persons who are deemed to be customers, etc. pursuant to the provisions of Article 18, paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 22-2, paragraph (2) of the Act, and also preserve a record of the identity confirmation in regard to the identity confirmation;

(v)if the financial institutions, etc. succeed the business of other financial institutions, etc. due to a merger, transfer of business or other reasons equivalent thereto, when the other financial institutions, etc. have already conducted identity confirmation of customers, etc. and have handed over a record of confirmation of identity prepared in regard to the identity confirmation to the financial institutions, etc., and the financial institutions, etc. preserve the record of the identity confirmation;

(vi)if the financial institutions, etc. succeed the business of other financial institutions, etc. due to merger, transfer of business or other reasons equivalent thereto, the other financial institutions, etc. have already committed the acts with those set forth in Article 7-3 and have, in committing the acts, conducted identity confirmation of natural persons who are deemed to be customers, etc. pursuant to the provisions of Article 18, paragraph (3) of the Act, as applied mutatis mutandis pursuant to Article 22-2, paragraph (2) of the Act, and have handed over the record of confirmation of identity prepared in regard to the identity confirmation to the financial institutions, etc., and the financial institutions, etc. preserve the record of confirmation of identity.

(3)If financial institutions, etc. commit the acts set forth in paragraph (1), item (ii) or (iii), if the beneficiary of a trust contract has yet to be specified or does not exist, when the beneficiary of a trust contract has yet to manifest the intention to receive benefits, or when conditions precedent or time limit are set on the beneficiary's beneficial interest in a trust contract, the provisions of the same items apply, deeming that the beneficiary of the trust contract set forth in the same items has been specified at the time when the financial institutions, etc. came to know the specification or existence of the beneficiary, manifestation of intention to receive benefits or fulfillment of the conditions precedent or arrival of the time limit.

(Small Money Exchanges Exempt from the Obligation to Identify Customers)

Article 11-6A small money exchange specified by Cabinet Order as prescribed in Article 22-3 of the Act is money exchange not more than the amount equivalent to two million yen.

(Notification of Outward Direct Investment)

Article 12(1)The outward direct investment specified by Cabinet Order as prescribed in Article 23, paragraph (1) of the Act is outward direct investment prescribed in paragraph (2) of the same Article in relation to business that falls under any of the following (hereinafter referred to as "outward direct investment" in this Article):

(i)business that belongs to a business type specified by Ministry of Finance Order as a specified business type in cases where the act of making an outward direct investment in relation to business that belongs to the specified business type is likely to cause any of the situations set forth in the items of Article 23, paragraph (4) of the Act;

(ii)business conducted in the region specified by Ministry of Finance Order as the specified region in the cases where the act of making an outward direct investment in relation to business conducted in the specified region is likely to cause any of the situations set forth in the items of Article 23, paragraph (4) of the Act;

(iii)business that belongs to a business type specified by Ministry of Finance Order as a specified business type which is conducted in the region specified by Ministry of Finance Order as a specified region in the cases where the act of making an outward direct investment in relation to business that belongs to the specified business type, which is conducted in the specified region, is likely to cause any of the situations set forth in the items of Article 23, paragraph (4) of the Act.

(2)A notification pursuant to the provisions of Article 23, paragraph (1) of the Act must be filed through procedures specified by Ministry of Finance Order within two months prior to the day on which a person intends to make an outward direct investment in relation to business set forth in the items of the preceding paragraph.

(3)The matters specified by Cabinet Order as prescribed in Article 23, paragraph (1) of the Act are the following matters:

(i)name and domicile or residence of a notifier (for a corporation, its name, location of its principal office and name of its representative);

(ii)content of the outward direct investment;

(iii)time of making the outward direct investment;

(iv)reason for making the outward direct investment;

(v)other matters specified by Ministry of Finance Order.

(4)The acquisition of securities or loan of money specified by Cabinet Order as prescribed in Article 23, paragraph (2) of the Act is the following acquisition of securities or loan of money (limited to those for which the loan period exceeds one year) by a resident:

(i)acquisition of securities issued by a corporation established based on foreign laws and regulations (hereinafter referred to as the "foreign corporation" in this paragraph) in cases where the number of shares of the foreign corporation held by the resident or the amount of contribution thereof made by the resident accounts for not less than one-tenth of the total number of shares issued by the foreign corporation or the total amount of contribution thereof and in the cases that fall under those specified by Minister of Finance Order as cases equivalent thereto;

(ii)acquisition of securities issued by the foreign corporation, for which the number of shares held by the resident or the amount of contribution thereof made by the resident accounts for not less than one-tenth of the total number of shares issued by the foreign corporation or the total amount of contribution thereof, or by the foreign corporation specified by Ministry of Finance Order as equivalent to such foreign corporation, or loan of money to such foreign corporation;

(iii)beyond what is set forth in the preceding two items, acquisition of securities issued by the foreign corporation, which has a permanent relationship with the resident through dispatch of officers, long-lasting supply of raw materials or others specified by Ministry of Finance Order, or loan of money to the foreign corporation.

(Service of a Recommendation or an Order)

Article 13(1)A recommendation or an order pursuant to the provisions of Article 23, paragraph (4) or (9) of the Act is given by service of a document, in which the content of the recommendation or order is described, to a domicile or residence, or business office of a person who is to be served, by mail or by letter prescribed in Article 2, paragraph (2) of the Act on the Service of Letters by Private Business Operators (Act No. 99 of 2002) by a general letter services operator prescribed in paragraph (6) of the same Article or a specified letter service operator prescribed in paragraph (9) of the same Article (hereinafter referred to as the "letter" in this Article), or by delivery.

(2)If a document prescribed in the preceding paragraph has been sent as a postal item as a letter, the postal item or the letter prescribed in Article 2, paragraph (3) of the Act on the Service of Letters by Private Business Operators is presumed to have been served at the time when it is to ordinarily arrive.

(3)If the Minister of Finance sends a document prescribed in paragraph (1) as a postal item or as a letter, the Minister must prepare a record sufficient to confirm the name of the person who is to be served with the document (for a corporation, its name), address, and the date of sending the document.

(4)Service by delivery prescribed in paragraph (1) is conducted by the official of the administrative organ (including the employees of the Bank of Japan who engage, pursuant to Article 69, paragraph (1) of the Act, in the affairs set forth in Article 26, item (iii) or (v)) through delivery of a document prescribed in paragraph (1) to a person who is to be served with the document in the place to which the document is to be served; provided, however, that if a person who is to be served has no objection, the document may be delivered to other places.

(5)In the cases set forth in the following items, service by delivery set forth in paragraph (1) may be conducted through acts prescribed respectively in those items, in addition to delivery pursuant to the preceding paragraph:

(i)in the case of being unable to meet a person who is to be served with a document prescribed in paragraph (1) in the place to which the document is to be sent:The document is delivered to the person's employee or other worker, or a person living together with the person who has the capacity to receive the document (referred to as the "employees, etc." in the following item);

(ii)if a person who is to be served with a document prescribed in paragraph (1) or other employees, etc. are not in the place to which the document is to be sent, or if these persons refuse to receive the document without justifiable grounds:The document is to be left in the place to which it was to be sent.

(6)A notice pursuant to the provisions of Article 23, paragraph (6) of the Act must be given through procedures specified by Ministry of Finance Order.

(Specified Capital Transactions That Require Permission from the Minister of Economy, Trade and Industry)

Article 14Specified capital transactions prescribed in Article 24, paragraph (1) of the Act (hereinafter referred to as the "specified capital transactions") are transactions in relation to the occurrence, etc. of claims based on any of the following contracts (excluding transactions for settlement of international commercial transactions for which the period from the occurrence of claims in relation to the transactions to extinguishment thereof is not longer than one year):

(i)money loan contracts that are directly incidental to an import contract for goods concluded between a resident who imports goods and the other relevant party, which are related to the offsetting of the total amount of claims based thereon and the whole or part of the charges of the imported goods (including acts substantially recognized as offsetting; the same applies in the following item);

(ii)monetary debt contracts that are directly incidental to an export contract for goods concluded between a resident who exports goods and the other relevant party, which are related to the offsetting of the total amount of debts based thereon and the whole or part of the charges of the exported goods;

(iii)the following debt guarantee contracts that are concluded by a resident who imports or exports goods with a non-resident:

(a)guarantee contracts that are concluded in conformity with the conditions for a bid in relation to the importing or exporting of the goods;

(b)performance guarantee contracts in relation to import or export contracts for goods, refund guarantee contracts for advances received or advance payments for goods, and other guarantee contracts that are concluded directly incidental to an import or export contract for goods and pursuant to the provisions of those contracts;

(iv)money loan contracts or debt contracts which a resident who is a party to a contract in relation to the transfer of mining rights, industrial property rights or other rights similar thereto, or establishment of the right to use these rights (hereinafter referred to as the "transfer, etc. of mining rights, etc." in this Article) with another party to the contract based on a contract for the transfer, etc. of mining rights, etc., which are related to the offsetting of the total amount of claims or debts based thereon and the whole or part of consideration for the transfer, etc. of mining rights, etc.;

(v)guarantee contracts that are concluded by a resident who is a party to a contract in relation to the transfer, etc. of mining rights, etc. with a non-resident based on the contract.

Article 15(1)If the Minister of Economy, Trade and Industry imposes, pursuant to Article 24, paragraph (1) or (2) of the Act, on a resident the obligation to obtain permission for conducting the specified capital transactions, the Minister is to do so designating the specified capital transactions that require permission after clarifying, in advance, by a public notice, the provision, among these provisions, based on which the obligation to obtain permission is imposed.

(2)If a resident intends to conduct a specified capital transaction designated pursuant to the provisions of the preceding paragraph, the resident must obtain permission from the Ministry of Economy, Trade and Industry through procedures specified by Order of the Ministry of Economy, Trade and Industry.

(3)If one specified capital transaction that a resident intends to conduct falls under two or more kinds of specified capital transactions designated pursuant to the provisions of paragraph (1) based on Article 24, paragraph (1) or (2) of the Act, when the resident intends to file, pursuant to paragraph (3) of the same Article, an application for permission as prescribed in the provisions of paragraphs (1) and (2) of the same Article in block in regard to the one specified capital transaction that the resident intends to conduct, the resident is to file the application through procedures specified by Order of the Ministry of Economy, Trade and Industry, after clarifying that the application for permission pertains to the specified capital transaction for which the obligation to obtain permission has been imposed pursuant to these provisions.

(4)If the Minister of Economy, Trade and Industry has imposed, pursuant to the provisions of paragraph (1), the obligation to obtain permission for conducting the specified capital transactions, the Minister must, when finding that there is no longer a need to impose the obligation, promptly cancel the obligation by public notice.

(Scope of Restrictions on the Specified Capital Transactions)

Article 16(1)If the Minister of Economy, Trade and Industry, pursuant to Article 24-2 of the Act, prohibits a person who has conducted without permission specified capital transactions, for which the obligation to obtain permission is imposed pursuant to the provisions of Article 24, paragraph (1) of the Act, in whole or in part, the specified capital transactions, or imposes on such a person the obligation to obtain permission for conducting the specified capital transactions, the Minister is to do so after designating, in advance, by a notice to that person, the specified capital transactions that are prohibited or that require permission.

(2)If a person, who has been obliged, pursuant to the provisions of the preceding paragraph, to obtain permission for the specified capital transactions that the person conducts, intends to conduct the specified capital transactions designated by a notice set forth in the same paragraph as those that require permission, the person must obtain permission from the Minister of Economy, Trade and Industry through procedures specified by Order of the Ministry of Economy, Trade and Industry.

(3)If the Minister of Economy, Trade and Industry, pursuant to the provisions of paragraph (1), has prohibited a person from conducting, in whole or in part, the specified capital transactions or imposed on a person the obligation to obtain permission for conducting the specified capital transactions, the Minister must, when finding that there is no longer a need to prohibit the transactions or impose the obligation, promptly cancel the prohibition or the obligation by a notice to a person who has been prohibited or obliged to obtain permission.

(4)If the Minister of Economy, Trade and Industry is unable to ascertain the domicile or residence, or the location of the business office or office, of a person to which a notice pursuant to the provisions of paragraph (1) is to be given, the Minister may designate the specified capital transactions that are prohibited or that require permission, after clarifying, by a public notice instead of a notice pursuant to the provisions of the same paragraph, a person who is prohibited from conducting, in whole or in part, the specified capital transactions or obliged to obtain permission for conducting the specified capital transactions.In this case, with regard to the application of the provisions of the preceding two paragraphs in the cases where the Minister of Economy, Trade and Industry has given the public notice, the terms "preceding paragraph" and "notice" in paragraph (2) are deemed to be replaced with "preceding paragraph and paragraph (4)" and "public notice", respectively, and the terms "paragraph (1)" and "notice to a person who has been prohibited or obliged to obtain permission" in the preceding paragraph are deemed to be replaced with "paragraph (1) and the following paragraph" and "public notice", respectively.

(Permission for Service Transactions)

Article 17(1)The transactions designed to provide technology in relation to the design, manufacture or use of specific kinds of goods specified by Cabinet Order in the specified foreign state as prescribed in Article 25, paragraph (1) of the Act (hereinafter such technology is referred to as the "specified technology" in this paragraph and the following paragraph, as well as in Article 18-2, paragraph (1); and such foreign state is referred to as the "specified state" in this paragraph), or the transactions designed to provide the specified technology to a non-resident of the specified state are transactions designed to provide the technology set forth in the middle column of the appended table in the foreign state set forth in the right column of the same table or transactions designed to provide the technology set forth in the middle column of the same table to a non-resident of the foreign state set forth in the right column of the same table.

(2)Any person who intends to conduct acts prescribed in Article 25, paragraph (3), item (i) of the Act (excluding persons who have obtained permission set forth in paragraph (1) of the same Article for transactions designed to provide specified technology in relation to the acts) must obtain permission from the Minister of Economy, Trade and Industry through procedures specified by Order of the Ministry of Economy, Trade and Industry; provided, however, that this does not apply to acts designated by the Minister of Economy, Trade and Industry as finding, by taking into consideration the parties to the acts, the content thereof and other matters, that the acts will cause no particular obstruction to achieving the purpose of the Act.

(3)The transactions related to the buying and selling, leasing and lending, or gifting of goods involving the movement of goods between foreign states specified by Cabinet Order as prescribed in Article 25, paragraph (4) of the Act are transactions that fall under any of the following:

(i)transactions related to the buying and selling, leasing and lending, or gifting of the goods set forth in the middle column of row 1 of Appended Table 1 of the Export Trade Control Order involving the movement of the goods between foreign states;

(ii)transactions related to the buying and selling, leasing and lending, or gifting of the goods set forth in the middle column of rows 2 to 16 of Appended Table 1 of the Export Trade Control Order involving the movement of the goods between foreign states (excluding those in which the goods in relation to the transactions are shipped from or exported to the regions set forth in Appended Table 3 of the same Order), which fall under any of the following:

(a)transactions in the cases that fall under the cases specified by Order of the Ministry of Economy, Trade and Industry wherein the goods are likely to be used for the development, manufacture, use or storage (hereinafter referred to as "development, etc." in (b)) of nuclear weapons, chemical warfare agents or biological warfare agents or devices for spraying the agents, or rockets or unmanned aerial vehicles capable of transporting these with a range or flight range of 300km or longer (hereinafter referred to as "nuclear weapons, etc." in (b) and Article 27, paragraph (2));

(b)transactions in the cases where a notice has been made by the Minister of Economy, Trade and Industry that an application for permission should be filed because the goods are likely to be used for the development, etc. of nuclear weapons, etc.

(4)Any person who intends to obtain permission from the Minister of Economy, Trade and Industry pursuant to the provisions of Article 25, paragraph (1) or (4) of the Act must file an application for the permission through procedures specified by Order of the Ministry of Economy, Trade and Industry.

(5)Transactions prescribed in paragraph (1) or (3), which have been designated by the Minister of Economy, Trade and Industry as finding, by taking into consideration the parties to the transactions, the content thereof and other matters, that the transactions will cause no particular obstruction to achieving the purpose of the Act, may be conducted without obtaining permission from the Ministry of Economy, Trade and Industry pursuant to the provisions of Article 25, paragraph (1) or (4) of the Act.

Article 18(1)The service transactions specified by Cabinet Order as prescribed in Article 25, paragraph (5) of the Act are service transactions in relation to the processing or storage of minerals, separation or remanufacture of irradiated nuclear fuel material, or disposal of radioactive waste (excluding those specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry as causing no particular obstruction to achieving the purpose of the Act, by taking into consideration the parties to the service transactions, the content thereof and other matters).

(2)If a resident intends to obtain permission from the Minister of Finance or the Minister of Economy, Trade and Industry pursuant to the provisions of Article 25, paragraph (5) of the Act, the resident must file an application for the permission through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(3)If the Minister of Finance or the Minister of Economy, Trade and Industry imposes on a resident, pursuant to Article 25, paragraph (6) of the Act, the obligation to obtain permission for conducting service transactions, etc. (meaning service transactions, etc. prescribed in the same paragraph; hereinafter the same applies in this Article and Article 18-3), the Minister is to do so designating, in advance, by a public notice, the service transactions, etc. that require permission.

(4)If a resident intends to conduct service transactions, etc. designated pursuant to the provisions of the preceding paragraph, the resident must obtain permission from the Minister of Finance or the Minister of Economy, Trade and Industry through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(5)If the Minister of Finance or the Minister of Economy, Trade and Industry has imposed, pursuant to the provisions of paragraph (3), the obligation to obtain permission for conducting service transactions, etc., the Minister must, when finding that there is no longer a need to impose the obligation, promptly cancel the obligation by public notice.

(Confirmation by the Directors-General of Custom-Houses)

Article 18-2(1)The directors-general of custom-houses must, as instructed by the Minister of Economy, Trade and Industry, confirm that a person who intends to export documents, pictures or recording media in which information on the specified technology is stated or recorded has obtained permission under Article 17, paragraph (2) or is not required to obtain the permission.

(2)If the directors-general of custom-houses have confirmed the fact pursuant to the provisions of the preceding paragraph, they are to give notice of the results thereof to the Minister of Economy, Trade and Industry, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry.

(3)If the Minister of Economy, Trade and Industry has imposed a disposition pursuant to the provisions of Article 25-2, paragraphs (1) through (3) of the Act, the Minister is to give a notice thereon to the directors-general of custom-houses without delay.

(Scope of Restrictions on Service Transactions)

Article 18-3(1)If the Minister of Finance or the Minister of Economy, Trade and Industry, pursuant to Article 25-2, paragraph (6) of the Act, prohibits a person who has conducted service transactions, etc., for which the obligation to obtain permission is imposed pursuant to the provisions of Article 25, paragraph (4) of the Act, without obtaining the permission, for conducting, in whole or in part, service transactions, etc. or imposes on such a person the obligation to obtain permission for conducting service transactions, etc., the Minister is to do so designating, in advance, by a notice to that person, the service transactions, etc. that are prohibited or that require permission.

(2)If a person, who has been obliged, pursuant to the provisions of the preceding paragraph, to obtain permission for service transactions, etc. that the person conducts, intends to conduct service transactions, etc. designated by a notice set forth in the same paragraph as those that require permission, the person must obtain permission from the Minister of Finance or the Minister of Economy, Trade and Industry through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(3)If the Minister of Finance or the Minister of Economy, Trade and Industry, pursuant to the provisions of paragraph (1), has prohibited a person from conducting, in whole or in part, service transactions, etc. or imposed on a person the obligation to obtain permission for conducting the service transactions, etc., the Minister must, when finding that there is no longer a need to prohibit or impose the obligation, promptly cancel the prohibition or the obligation by a notice to a person who has been prohibited or obliged to obtain permission.

(4)If the Minister of Finance or the Minister of Economy, Trade and Industry is unable to ascertain the domicile or residence, or the location of the business office or office, of a person to whom a notice pursuant to the provisions of paragraph (1) is to be given, the Minister may designate service transactions, etc. that are prohibited or that require permission, after clarifying, by a public notice instead of a notice pursuant to the provisions of the same paragraph, a person who is prohibited from conducting, in whole or in part, service transactions, etc. or obliged to obtain permission for conducting service transactions, etc.In this case, with regard to the application of the provisions of the preceding two paragraphs in the cases where the Minister of Finance or the Minister of Economy, Trade and Industry has given the public notice, the terms "preceding paragraph" and "notice" in paragraph (2) are deemed to be replaced with "preceding paragraph and paragraph (4)" and "public notice", respectively, and the terms "paragraph (1)" and "notice to a person who has been prohibited or obliged to obtain permission" in the preceding paragraph are deemed to be replaced with "paragraph (1) and the following paragraph" and "public notice", respectively.

Chapter IV-2 Report

(Reports of Payment)

Article 18-4(1)Cases specified by Cabinet Order as prescribed in Article 55, paragraph (1) of the Act are cases where payment, etc. made by a resident or a non-resident falls under any of the following payment, etc.:

(i)small payment, etc. specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry;

(ii)payment, etc. made by a person who imports or exports goods, directly incidental to the importing or exporting;

(iii)other payment, etc. specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry as causing no particular obstruction to achieving the purpose of the Act even without a report pursuant to Article 55, paragraph (1) of the Act.

(2)Reports of payment, etc. pursuant to the provisions of Article 55, paragraph (1) of the Act (including those made through the banks, etc. pursuant to the provisions of paragraph (2) of the same Article or through funds transfer service providers prescribed in Article 2, paragraph (3) of the Payment Services Act (Act No. 59 of 2009)) must be made through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry within a period specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(3)The matters specified by Cabinet Order as prescribed in Article 55, paragraph (1) of the Act are the following matters:

(i)name and domicile or residence of a reporter (for a corporation, its name, location of its principal office and name of its representative);

(ii)distinction between payment and receipt of payment, and the amount thereof;

(iii)date of making payment, etc.;

(iv)other matters specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(Report of Capital Transactions)

Article 18-5(1)The cases specified by Cabinet Order as prescribed in Article 55-3, paragraph (1) of the Act are cases where capital transactions to which a resident or a non-resident is a party fall under any of the following capital transactions:

(i)among capital transactions set forth in Article 55-3, paragraph (1), items (i) through (ix) of the Act, those on a small scale that are specified by Ministry of Finance Order according to the classifications of capital transactions specified by Ministry of Finance Order;

(ii)among capital transactions set forth in Article 55-3, paragraph (1), item (iv) of the Act, those other than the transactions in relation to the occurrence, etc. of claims based on a sales contract for foreign means of payment or claims between a resident and another resident;

(iii)capital transactions specified by Ministry of Finance Order as causing no particular obstruction to achieving the purpose of the Act even without a report pursuant to Article 55-3, paragraph (1) of the Act.

(2)Reports pursuant to the provisions of Article 55-3, paragraph (1) must be made through procedures specified by Ministry of Finance Order within a period specified by Ministry of Finance Order.

(3)The matters specified by Cabinet Order as prescribed in Article 55-3, paragraph (1) of the Act are the following matters:

(i)name and domicile or residence of a reporter (for a corporation, its name, location of its principal office and name of its representative);

(ii)content of capital transactions;

(iii)date of conducting capital transactions;

(iv)other matters specified by Ministry of Finance Order.

(4)Reports pursuant to the provisions of Article 55-3, paragraph (2) of the Act must be made through procedures specified by Ministry of Finance Order within a period specified by Ministry of Finance Order.

(5)The matters specified by Cabinet Order as prescribed in Article 55-3, paragraph (2) of the Act are the following:

(i)name of a reporter, and location of principal office and name of representative thereof;

(ii)name or denomination and domicile or residence of parties to capital transactions;

(iii)content of capital transactions;

(iv)date of conducting capital transactions;

(v)other matters specified by Ministry of Finance Order.

(6)If a report pursuant to the provisions of Article 55-3, paragraph (5) of the Act is made, the report must be made through procedures specified by Ministry of Finance Order within a period specified by Ministry of Finance Order.

(7)Any person who has made a report pursuant to the provisions of Article 55-3, paragraph (5) of the Act must prepare, pursuant to the provisions of Ministry of Finance Order, books and documents prescribed in the same paragraph and preserve them in the location of an office of the person's business or equivalent thereto for five years from the date on which capital transactions in relation to the report were conducted.

(Report of Specified Capital Transactions)

Article 18-6(1)The cases specified by Cabinet Order as prescribed in Article 55-4 of the Act are cases where the specified capital transactions to which a resident is a party are those on a small scale specified by Order of the Ministry of Economy, Trade and Industry or those falling under the specified capital transactions specified by Order of the Ministry of Economy, Trade and Industry as causing no particular obstruction to achieving the purpose of the Act even without a report pursuant to the same Article.

(2)Reports pursuant to the provisions of Article 55-4 of the Act must be made through procedures specified by Order of the Ministry of Economy, Trade and Industry within a period specified by Order the Ministry of Economy, Trade and Industry.

(3)The matters specified by Cabinet Order as prescribed in Article 55-4 of the Act are the following:

(i)name and domicile or residence of a reporter (for a corporation, its name, location of its principal office and name of its representative);

(ii)content of the specified capital transactions;

(iii)date of conducting the specified capital transactions;

(iv)other matters specified by Order the Ministry of Economy, Trade and Industry.

(Reporting Matters Related to Foreign Exchange Operations)

Article 18-7(1)The transactions or acts specified by Cabinet Order as prescribed in Article 55-7 of the Act are the following:

(i)foreign exchange transactions;

(ii)issue of foreign means of payment;

(iii)buying and selling of foreign means of payment or claims (excluding the buying and selling of claims payable in Japanese currency between residents);

(iv)acceptance of deposits (excluding acceptance of deposits payable in Japanese currency from a resident);

(v)loan of money (excluding loan of money payable in Japanese currency to a resident);

(vi)buying and selling of securities (excluding buying and selling between residents in exchange for Japanese currency);

(vii)acquisition of securities by a resident from a non-resident, or acting as an intermediary, agency or agent for negotiation of securities by a resident to a non-resident.

(2)Those specified by Cabinet Order as prescribed in Article 55-7 of the Act are those falling under any of the following:

(i)approved financial institutions for the special international financial transactions account;

(ii)beyond what is set forth in the preceding item, those for which the total of the amounts specified, according to the following classifications of transactions or acts, by Ministry of Finance Order as the amounts of the transactions or acts committed within a period specified by Ministry of Finance Order, or the outstanding balance of claims or debts based on the transactions or acts at the point of time specified by Ministry of Finance Order exceeds the amount specified by Ministry of Finance Order:

(a)foreign exchange transactions;

(b)issuing of foreign means of payment;

(c)buying and selling of foreign means of payment (excluding buying and selling set forth in (d)) or buying and selling of claims set forth in item (iii) of the preceding paragraph;

(d)buying and selling of foreign currency or traveler's checks;

(e)acceptance of deposits set forth in item (iv) of the preceding paragraph;

(f)loan of money set forth in item (v) of the preceding paragraph;

(g)buying and selling of securities set forth in item (vi) of the preceding paragraph;

(h)acquisition of securities by a resident from a non-resident, or acting as an intermediary, agency or agent for negotiation of securities by a resident to a non-resident;

(iii)those designated by a public notice or notice by the Minister of Finance as equivalent to those set forth in the preceding item.

(3)To the extent necessary for enforcing the Act and this Cabinet Order, the Minister of Finance may request, pursuant to the provisions of Ministry of Finance Order, those prescribed in the preceding paragraph to make a report on matters related to the performance of transactions or acts set forth in the items of paragraph (1) (excluding matters subject to a report pursuant to the provisions of Article 55-3) or other matters specified by Ministry of Finance Order as matters related to the transactions or acts.

(Other Reports)

Article 18-8(1)If the Minister of Finance or the Minister of Economy, Trade and Industry requests, pursuant to Article 55-8 of the Act, those who conduct or have conducted any transactions, acts or payments, etc. governed by this Act, or relevant persons to make a report on the content of the transactions, acts or payments, etc. and other matters related to the transactions, acts or payments, etc., to the extent necessary for enforcing the Act (limited to Chapters I, III, IV and VI-3; hereinafter the same applies in this paragraph) and this Cabinet Order, the Minister is to designate the requested matters by a notice to these persons or by another method as specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(2)Any person who has been requested to make a report on matters designated pursuant to the provisions of the preceding paragraph must make the report through procedures specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(Statistics Related to Foreign Borrowing and Lending and International Balance of Trade)

Article 18-9(1)The Minister of Finance must prepare the following statistics on foreign borrowing and lending and the international balance of trade:

(i)statistics related to foreign borrowing and lending as of December 31 of every year;

(ii)statistics related to the international balance of trade of every month and every year.

(2)The Minister of Finance must report the statistics set forth in the items of the preceding paragraph (excluding statistics related to the international balance of trade of every month) to the Cabinet prior to May 31 of the following year.

(3)The Minister of Finance may, when it is necessary for preparing statistics set forth in paragraph (1), request relevant administrative organs and the following persons to submit materials as necessary:

(i)those who conduct or have conducted transactions, acts or payments, etc. governed by the Act, or relevant persons;

(ii)those equivalent to those set forth in the preceding item.

Chapter V Miscellaneous Provisions

(Classification of Matters under the Jurisdiction of the Minister of Finance and the Minister of Economy, Trade and Industry)

Article 19Classification of matters under the jurisdiction of the Minister of Finance and the Minister of Economy, Trade and Industry in this Cabinet Order is according to what is specified by the Act and the Cabinet Order to Determine Competent Ministers in the Foreign Exchange and Foreign Trade Control Act (Cabinet Order No. 259 of 1980)

Article 20Deleted.

(Method of Conversion)

Article 21Conversion between Japanese currency and foreign currency or between foreign currency and other foreign currency, in the case where the Act (limited to Chapter I, Chapter III, Chapter IV, and Chapter VI-2 (excluding Article 55-5 and Article 55-6)), this Cabinet Order, and the provisions of an order based on these apply, is to be calculated by using the base exchange rate or the arbitrated exchange rate prescribed in Article 7, paragraph (1) of the Act as on the day of conducting transactions, acts, or payment, etc. for which the amount of the conversion should be calculated under the provisions, except cases where conversion is calculated in a method specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry according to classification specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry.

(Transactions by Governmental Institutions Which Are Not Governed by Laws and Regulations)

Article 22The provisions in relation to permission, notification, or a report under the Act and this Cabinet Order do not apply to transactions, acts, or payment, etc. which are conducted by the Minister of Finance based on the provisions of Chapter II, Section 5 of the Act on Special Accounts (Act No. 23 of 2007).

(Method of Public Notice)

Article 23A public notice based on the provisions of this Cabinet Order is made in the Official Gazette.

Article 24Deleted.

(Delegation of Authority)

Article 25(1)The following authority of the Minister of Finance is delegated to the directors-general of custom-houses:

(i)acceptance of notification pursuant to the provisions of Article 19, paragraph (3) of the Act;

(ii)permission pursuant to the provisions of Article 8, paragraph (2).

(2)Among the authority of competent ministers pursuant to the provisions of Article 68, paragraph (1) of the Act, the authority under the jurisdiction of the Minister of Finance is delegated to the director-general of the local finance bureau who governs the area in which the head office or principal office of a person who engages in foreign exchange operations is situated, or another person who commercially conducts transactions or operations governed by the Act (such person is referred to as a "person who engages in foreign exchange operations, etc." in the following paragraph through paragraph (5)) (in cases when the office is located within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the authority is delegated to the Director-General of the Fukuoka Local Finance Branch Bureau); provided, however, that it does not prevent the Minister of Finance from exercising that authority per se.

(3)Among the authorities under the jurisdiction of the Minister of Finance prescribed in the preceding paragraph, authority in relation to a business office or office other than the head office or principal office of a person who engages in foreign exchange operations, etc. (hereinafter, such office is referred to as a "branch office, etc.") may be exercised by the director-general of the local finance bureau who governs the area where the branch office, etc. is located (in the case where the office is located within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the authority is exercised by the Director-General of the Fukuoka Local Finance Branch Bureau), in addition to the Director-General prescribed in the same paragraph.

(4)The director-general of the local finance bureau or the Director-General of the Fukuoka Local Finance Branch Bureau who has carried out on-site inspection or questioning of a branch office, etc. of a person who engages in foreign exchange operations, etc. pursuant to the provisions of the preceding paragraph may carry out an on-site inspection or questioning of the head office or principal office or other branch offices, etc. of the person who engages in foreign exchange operations, etc. (other branch offices, etc. refer to those other than the branch offices, etc. for which the on-site inspection or questions were carried out), when finding it necessary to carry out on-site inspections or questioning at the head office, the principal office, or the other branch offices, etc.

(5)Among the authorities of competent ministers pursuant to the provisions of Article 55-8 of the Act, authority under the jurisdiction of the Minister of Finance may be exercised by the director-general of the local finance bureau or the Director-General of the Fukuoka Local Finance Branch Bureau to the extent necessary for exercising the authority to carry out on-site inspections or questioning that has been delegated to the director-general of the local finance bureau or the Director-General of the Fukuoka Local Finance Branch Bureau with regard to a person who engages in foreign exchange operations, etc., pursuant to the provisions of the preceding three paragraphs.

(6)The respective provisions of the preceding paragraphs do not apply to the authority of the Minister of Finance prescribed in paragraph (1), and the authority designated by the Minister of Finance among the authority under the jurisdiction of the Minister of Finance prescribed in paragraph (2), paragraph (3), and the preceding paragraph.

(7)In cases where the Minister of Finance made a designation set forth in the preceding paragraph, the Minister is to make a public notice to that effect. The same applies to cases where the Minister abolishes or changes this.

(Delegation of Affairs)

Article 26Affairs which the Minister of Finance or the Minister of Economy, Trade and Industry has the Bank of Japan deal with based on the provisions of Article 69, paragraph (1) of the Act (limited to Chapter I, Chapter III, Chapter IV, and Chapter VI-2 (excluding Article 55-2, Article 55-5, and Article 55-6); the same applies in item (x)) in relation to the enforcement of the Act are affairs specified by Ministry of Finance Order or Order of the Ministry of Economy, Trade and Industry among the following affairs:

(i)affairs in relation to accepting a notification based on the provisions of Article 23, paragraph (1) of the Act;

(ii)affairs in relation to a notice of shortening of the period based on the provisions of Article 23, paragraph (3) of the Act;

(iii)affairs in relation to sending a document including the content of a recommendation based on the provisions of Article 23, paragraph (4) of the Act;

(iv)affairs in relation to accepting a notice of acceptance of a recommendation based on the provisions of Article 23, paragraph (6) of the Act;

(v)affairs in relation to sending a document including the contents of an order based on the provisions of Article 23, paragraph (9) of the Act;

(vi)affairs in relation to permission pursuant to the provisions of Article 25, paragraph (5) of the Act or Article 6, paragraph (2), Article 11, paragraph (3), Article 15, paragraph (2), or Article 18, paragraph (4);

(vii)affairs in relation to accepting (excluding those in relation to the request of a report by the director-general of the local finance bureau or the Director-General of the Fukuoka Local Finance Branch Bureau pursuant to the provisions of paragraph (5) of the preceding Article) a record based on the provisions of Article 55 of the Act, Article 55-3, Article 55-4, Article 55-7, or Article 55-8 (limited to the part in relation to Article 18-8 of this Cabinet Order);

(viii)affairs in relation to preparing statistics related to foreign borrowing and lending and international balance of trade based on the provisions of Article 55-9 of the Act;

(ix)affairs in relation to permission pursuant to the provisions of Article 6-2, paragraph (4), Article 11-3, paragraph (2), Article 16, paragraph (2), or Article 18-3, paragraph (2);

(x)beyond affairs set forth in the preceding items, affairs necessary for the enforcement of the Act and this Cabinet Order.

(Technology That Is Especially Likely to Be Used for the Development of Nuclear Weapons)

Article 27(1)Rockets or unmanned aerial vehicles specified by Cabinet Order as prescribed in Article 69-6, paragraph (2), item (i) of the Act are rockets or unmanned aerial vehicles capable of transporting nuclear weapons, chemical warfare agents or biological warfare agents or devices for spraying the agents with a range or flight range of 300km or longer.

(2)Technology specified by Cabinet Order as prescribed in Article 69-6, paragraph (2), item (i) of the Act is the technology set forth in the middle column of rows 1 to 4 of the Appended Table (excluding those in relation to the design, manufacture, or use of goods set forth in row 1, (v), (vi), and (x) to (xii) of Appended Table 1 of the Export Trade Control Order and nuclear weapons, etc.).

Supplementary Provisions

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (December 1, 1980) of the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (Act No. 65 of 1979).

(Repeal of the Foreign Exchange Control Order and Other Cabinet Orders)

Article 2The following Cabinet Orders are repealed:

(i)Cabinet Order concerning Report by a Certified Foreign Exchange Bank or a Money Exchanger (Cabinet Order No. 377 of 1949);

(ii)Order on Account concerning Foreign Borrowing and Lending and Balance (Cabinet Order No. 181 of 1950);

(iii)Foreign Exchange Control Order (Cabinet Order No. 203 of 1950);

(iv)Cabinet Order to Determine the Scope of Affairs the Bank of Japan is to Deal with pursuant to the Provisions of Cabinet Order on the Acquisition of Property by Foreign Nationals (Cabinet Order No. 310 of 1952);

(v)Cabinet Order Concerning Non-Resident Convertible Yen Accounts (Cabinet Order No. 157 of 1960).

(Transitional Measures)

Article 3(1)Prior provisions continue to govern transactions or acts which were approved or for which permission or an approval was obtained based on the provisions of Article 10, Article 11, Article 13, Article 15, Article 17, Article 19, or Article 26 of the Foreign Exchange Control Order prior to repeal by this Cabinet Order (hereinafter referred to as the "Old Order" in this Article) or paragraph (9) or paragraph (10) of the Supplementary Provisions.

(2)Among transactions or acts in relation to an application for permission or an approval which has been filed at the time of enforcing this Cabinet Order, pursuant to the provisions of Article 10, Article 11, Article 13, Article 15, Article 17, or Article 19 of the Old Order or paragraph (9) of the Supplementary Provisions (hereinafter referred to as an "application filed based on the Old Order" in this paragraph), with regard to those for which permission must be obtained under the provisions of the Act amended by the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (referred to as the "Amendment Act" in the following paragraph) (hereinafter the Act amended by the Amendment Act is referred to as the "New Act" in this paragraph) and this Cabinet Order, by deeming an application filed based on the Old Order to be an application for permission filed pursuant to the relevant provisions of the New Act and this Cabinet Order; and among transactions or acts in relation to an application filed based on the Old Order, with regard to those for which notification must be given pursuant to the provisions of Article 22, paragraph (1) or Article 24, paragraph (2) of the New Act, by deeming an application filed based on the Old Order to be notification given as on the date of enforcement of this Cabinet Order pursuant to these provisions, the provisions of the New Act (excluding Chapter V and Chapter VI) and this Cabinet Order apply to such transactions and acts.

(3)Among transactions or acts in relation to an application for permission which has been filed at the time of enforcing the Amendment Act, pursuant to the provisions of Article 35 of the Act prior to amendment by the Amendment Act, the provisions of the main clause of Article 14, paragraph (1) and Article 28 of the Old Order remain in force even after the enforcement of this Cabinet Order.

Article 4Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Article 5With regard to transactions in relation to an application which has been filed at the time of enforcing this Cabinet Order, pursuant to the provisions of Article 3, paragraph (1) of the Cabinet Order on the Acquisition of Property by Foreign Nationals prior to the repeal by the Amendment Act, and a report in relation to the transactions, the Cabinet Order to Determine the Scope of Affairs the Bank of Japan is to Deal with pursuant to the Provisions of Cabinet Order on the Acquisition of Property by Foreign Nationals prior to repeal by this Cabinet Order remains in force even after the enforcement of this Cabinet Order.

Article 6Deleted.

(Partial Amendment of the Import Trade Control Order)

Article 7Part of the Import Trade Control Order (Cabinet Order No. 414 of 1949) is amended as follows.

Article 21 is deleted.

(Transitional Measures Accompanied with the Partial Amendment of the Import Trade Control Order)

Article 8(1)Prior provisions continue to govern transactions or acts for which permission was obtained based on the provisions of Article 21, paragraph (1) of the Import Trade Control Order prior to amendment by the provisions of the preceding Article (referred to as the "Old Import Order" in the following paragraph).

(2)The provisions of this Cabinet Order apply to an application for permission which has been filed at the time of enforcing this Cabinet Order, pursuant to the provisions of Article 21, paragraph (1) of the Old Import Order by deeming the application to be an application for permission filed pursuant to the provisions of Article 18, paragraph (2) of this Cabinet Order.

(Partial Amendment of the Cabinet Order on Special Provisions for Payment of Principal and Interest of National Government Bonds)

Article 9Part of the Cabinet Order on Special Provisions for Payment of Principal and Interest of National Government Bonds (Cabinet Order No. 198 of 1954) is amended as follows.

The term "the day on which the transfer or importing was approved based on the provisions of Article 32 or Article 45 of the Foreign Exchange and Foreign Trade Control Act (Act No. 228 of 1949)" in Article 2, item (ii) is revised to "the date of the importing".

(Partial Amendment of the Order for Enforcement of the Act on Reserve Deposit Requirement System)

Article 10Part of the Order for Enforcement of the Act on the Reserve Deposit Requirement System (Cabinet Order No. 135 of 1957) is amended as follows.

Article 2, paragraph (3), item (ii) is revised as follows, adding the term "(referred to as a "certified foreign exchange bank" in the following item)" after "a certified foreign exchange bank" in item (i) of the same paragraph.

(ii)A deposit or other debts in relation to an account displayed in Japanese currency against a non-resident's certified foreign exchange bank in Japan (referred to as "debts in relation to a non-resident yen account" in item (iii) of the following Article)

The term "debts in relation to a convertible yen account" in Article 3, item (iii) is revised to "debts in relation to a non-resident yen account".

(Partial Amendment of the Order for Enforcement of the Stamp Tax Act)

Article 11Part of the Order for Enforcement of the Stamp Tax Act (Cabinet Order No. 108 of 1967) is amended as follows.

The term "Convertible Yen" in the caption of Article 23 is revised to "Non-Resident Yen", the term "Non-Resident Convertible Yen Account specified by Cabinet Order based on the provisions of Articles 27 through 30 (Restriction and prohibition concerning payment and claims)" in the same Article is revised to "account displayed in Japanese currency against a certified foreign exchange bank in Japan prescribed in Article 11 of the same Act (Arrangement on Business) for a non-resident prescribed in Article 6, paragraph (1), item (vi) (Definitions) (hereinafter such bank is referred to as a 'certified foreign exchange bank' in this Article and Article 28)", and the terms "prescribed in Article 11 of the same Act (Arrangement on Business)" and "(referred to as a 'certified foreign exchange bank' in Article 28, paragraph (1))" are deleted.

The term "claims in a foreign currency prescribed in item (xiv) of the same paragraph" in Article 28, paragraph (1), item (ii) is revised to "claims prescribed in item (xiii) of the same paragraph which can be paid in a foreign state or in foreign currency".

(Partial Amendment of the Order for Organization of the Ministry of Finance)

Article 12Part of the Order for Organization of the Ministry of Finance (Cabinet Order No. 386 of 1952) is amended as follows.

Article 47, item (viii) is changed to item (x) of the same Article, and the following two items are added after item (vii) of the same Article.

(viii)To designate a designated securities company

(ix)Matters concerning the Council on Foreign Exchange and other Transactions

Article 51, item (v) is deleted and item (vi) is changed to item (v).

Supplementary Provisions[Cabinet Order No. 312 of November 29, 1980]

This Cabinet Order comes into effect as of the date of enforcement (December 1, 1980) of the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (Act No. 65 of 1979).

Supplementary Provisions[Cabinet Order No. 7 of January 26, 1981][Extract]

(1)This Cabinet Order comes into effect as of the date of promulgation.

(3)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 287 of September 22, 1981]

This Cabinet Order comes into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 225 of June 20, 1986]

This Cabinet Order comes into effect as of December 1, 1986; provided, however, that the provisions amending Article 4, paragraph (2) come into effect as of August 1, 1986.

Supplementary Provisions[Cabinet Order No. 373 of November 5, 1987][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (November 10, 1987) of the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act.

(Transitional Measures)

Article 2With regard to transactions for which permission is deemed to have been obtained under Article 25, paragraph (1) or paragraph (3) of the Foreign Exchange and Foreign Trade Control Act amended by the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (hereinafter referred to as the "Amendment Act") (hereinafter such Foreign Exchange and Foreign Trade Control Act is referred to as the "New Act") or Article 17-2, paragraph (3) of the Foreign Exchange Control Order amended by this Cabinet Order (hereinafter referred to as the "New Order" in this Article) pursuant to the provisions of Article 2 of the Supplementary Provisions of the Amendment Act, conditions attached to permission under Article 25 of the Foreign Exchange and Foreign Trade Control Act prior to amendment by the Amendment Act pursuant to the provisions of Article 21, paragraph (1) of the Foreign Exchange Control Order prior to amendment by this Cabinet Order are deemed to be conditions attached under Article 25, paragraph (1) or paragraph (3) of the New Act or Article 17-2, paragraph (3) of the New Order pursuant to the provisions of Article 21, paragraph (1) of the New Order, respectively.

Article 5Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 242 of August 9, 1988]

This Cabinet Order comes into effect as of August 23, 1988.

Supplementary Provisions[Cabinet Order No. 331 of November 26, 1988][Extract]

(1)This Cabinet Order comes into effect as of December 20, 1988.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 53 of March 17, 1989][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act (March 27, 1989).

Supplementary Provisions[Cabinet Order No. 80 of March 29, 1989]

This Cabinet Order comes into effect as of April 1, 1989.

Supplementary Provisions[Cabinet Order No. 290 of September 29, 1989]

(1)This Cabinet Order comes into effect as of the date of promulgation; provided, however, that amending provisions set forth in the following items come into effect as of the date set forth in the respective items:

(i)the provisions amending row 1, (ii), row 5, (iii), row 8, (ii), row 8, (iii), row 9, (ii), row 12, (ii), row 12, (iii), row 18, (ii) and row 25 of the appended table of the Foreign Exchange Control Order in Article 1, and the provisions amending row 17, row 26, row 80, row 90, row 98, row 102, row 103, row 105, row 110, row 121, row 126, row 136, row 137, and row 151 of Appended Table 1 of the Export Trade Control Order in Article 2:October 16, 1989;

(ii)the provisions amending row 1, (iii), row 5, (ii), row 7, (ii), row 10, and row 26 of the Appended Table of the Foreign Exchange Control Order in Article 1, and the provisions amending row 21, row 22, row 55, row 74, row 77, (ii), row 93, row 111, row 112, row 120, row 147, row 148, row 153, row 154, row 159, row 183, and row 184 of Appended Table 1 of the Export Trade Control Order in Article 2:October 26, 1989.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 350 of December 27, 1989]

(1)This Cabinet Order comes into effect as of January 20, 1990; provided, however, that the provisions amending row 12 of the appended table of the Foreign Exchange Control Order in Article 1, and the provisions amending row 26, row 32, row 34, row 43, row 100, row 117, and row 124 of Appended Table 1 of the Export Trade Control Order in Article 2 come into effect as of the date of promulgation.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order (with regard to amending provisions prescribed in the proviso of the preceding paragraph, the amending provisions).

Supplementary Provisions[Cabinet Order No. 246 of August 15, 1990][Extract]

(1)This Cabinet Order comes into effect as of August 22, 1990.

Supplementary Provisions[Cabinet Order No. 308 of October 17, 1990]

(1)This Cabinet Order comes into effect as of November 1, 1990; provided, however, that the provisions amending row 1, row 1, (ii), row 10, (ii), row 11, (ii), row 13, row 17, and row 19 of the appended table of the Foreign Exchange Control Order in Article 1, and the provisions amending row 2, row 9, row 15, rows 29 through 30, row 46, row 53, row 58, row 71, rows 75 through 77, row 89, row 92, row 93, row 106, row 108, row 109, row 118, row 121, row 122, rows 125 through 127, rows 129 through 131, row 140, row 142, row 144, row 145, row 149, row 153, row 155, and rows 165 through 167 of Appended Table 1 of the Export Trade Control Order in Article 2 come into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 37 of March 18, 1991]

(1)This Cabinet Order comes into effect as of the date of promulgation.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 290 of September 19, 1991]

This Cabinet Order comes into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 323 of October 14, 1991]

(1)This Cabinet Order comes into effect as of November 14, 1991.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 11 of January 29, 1992]

This Cabinet Order comes into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 150 of April 15, 1992]

(1)This Cabinet Order comes into effect as of April 22, 1992.

(2)The provisions of Article 18, paragraph (1) of the Foreign Exchange Control Order amended by the provisions of Article 1 apply to service transactions which are started on or after the date of enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 166 of April 30, 1992]

This Cabinet Order comes into effect as of the date of enforcement (May 20, 1992) of the provisions of Article 13, Article 14, Article 16, and Articles 18 through 20 of the Act on concerning Arrangement and Rationalization of Relationships between National and Local Governments concerning Administrative Matters.

Supplementary Provisions[Cabinet Order No. 209 of June 19, 1992][Extract]

(i)the provisions amending Article 18 of the Foreign Exchange Control Order in Article 1, and the provisions amending Article 4, paragraph (2) of the Export Trade Control Order and Appended Table 2-2 in Article 2:June 26, 1992.

(2)The provisions of Article 18 of the Foreign Exchange Control Order amended by the provisions of Article 1 apply to service transactions which are started on or after June 26, 1992.

(3)Prior provisions continue to govern transactions which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 17-2, paragraph (1) or paragraph (2) of the Foreign Exchange Control Order prior to amendment with regard to transactions for the purpose of providing specified technology in Hungary, conducts in accordance with that permission for the purpose of providing specified technology.

(5)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 371 of December 9, 1992]

(1)This Cabinet Order comes into effect as of December 31, 1992.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 395 of December 28, 1992]

This Cabinet Order comes into effect as of January 1, 1993.

Supplementary Provisions[Cabinet Order No. 66 of March 26, 1993]

(1)This Cabinet Order comes into effect as of April 1, 1993.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 157 of April 27, 1993]

This Cabinet Order comes into effect as of May 1, 1993.

Supplementary Provisions[Cabinet Order No. 238 of June 30, 1993]

This Cabinet Order comes into effect as of July 4, 1993.

Supplementary Provisions[Cabinet Order No. 326 of October 6, 1993]

This Cabinet Order comes into effect as of October 10, 1993.

Supplementary Provisions[Cabinet Order No. 379 of December 1, 1993][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of December 22, 1993.

Supplementary Provisions[Cabinet Order No. 382 of December 2, 1993]

(1)This Cabinet Order comes into effect as of December 6, 1993.

Supplementary Provisions[Cabinet Order No. 17 of January 28, 1994]

(1)This Cabinet Order comes into effect as of the date of promulgation.

(2)Prior provisions continue to govern transactions which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 17-2, paragraph (1) of the Foreign Exchange Control Order prior to amendment with regard to transactions for the purpose of providing specified technology in the Czech Republic or Slovakia, conducts in accordance with that permission for the purpose of providing specified technology.

(3)Prior provisions continue to govern the exporting of goods which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 1, paragraph (1) of the Export Trade Control Order prior to amendment with regard to the exporting of goods to the Czech Republic or Slovakia, conducts in accordance with that permission.

(4)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 143 of May 24, 19]

This Cabinet Order comes into effect as of May 27, 1994.

Supplementary Provisions[Cabinet Order No. 153 of June 24, 1994][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of July 6, 1994; provided, however, that the provisions amending row 8 of the appended table of the Foreign Exchange Control Order (limited to the part which revises the term "goods set forth in row 8, (i) of Appended Table 1 of the Export Trade Control Order" in (ii) of the same row to "computers or their attached equipment, or components of these") in Article 1, and the provisions amending row 8 of Appended Table 1 of the Export Trade Control Order in Article 2 come into effect as of the date of promulgation.

(Transitional Measures)

(2)Prior provisions continue to govern service transactions which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 17-2, paragraph (1) of the Foreign Exchange Control Order prior to amendment with regard to transactions for the purpose of providing specified technology, conducts in accordance with that permission, and to which the provisions of Article 17-2, paragraph (3) of the same Order after amendment apply.

(4)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 335 of October 26, 1994]

(1)This Cabinet Order comes into effect as of the date of promulgation.

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 338 of October 28, 1994]

This Cabinet Order comes into effect as of the date of promulgation.

Supplementary Provisions[Cabinet Order No. 409 of December 26, 1994]

(1)This Cabinet Order comes into effect as of December 28, 1994.

(2)The provisions of Article 18, paragraph (1) of the Foreign Exchange Control Order after amendment apply to service transactions which are started on or after the date of enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 420 of December 20, 1995][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of October 1, 1996; provided, however, that provisions set forth in the following items come into effect as of the date set forth in the respective items:

(i)the part in relation to row 2, (ii) among the provisions amending row 2 of the appended table of the Foreign Exchange Control Order in Article 1, the part in relation to row 2, (xii) among the provisions amending row 2 of Appended Table 1 of the Export Trade Control Order in Article 2, and the provisions of the following paragraph through paragraph (4) of the Supplementary Provisions:the date of promulgation.

(Transitional Measures)

(2)Prior provisions continue to govern service transactions which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 17-2, paragraph (1) of the Foreign Exchange Control Order prior to amendment with regard to transactions for the purpose of providing technology set forth in row 2, (ii) of the appended table of the same Order, conducts in accordance with that permission, and to which the provisions of Article 17-2, paragraph (3) of the Foreign Exchange Control Order after amendment apply.

(3)Prior provisions continue to govern exporting goods which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 1, paragraph (1) of the Export Trade Control Order prior to amendment with regard to the exporting of goods set forth in row 2, (xii) of Appended Table 1 of the same Order, conducts in accordance with that permission, and to which the provisions of Article 1, paragraph (2), and Article 2, paragraph (1), item (i) of the Export Trade Control Order after amendment apply.

(4)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 250 of August 23, 1996][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of September 13, 1996.

(Transitional Measures)

Article 2Prior provisions continue to govern service transactions which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 17-2, paragraph (3) of the Foreign Exchange Control Order prior to amendment with regard to transactions for the purpose of providing technology set forth in the middle columns of rows 5 through 15 of the Appended Table of the same Order, conducts in accordance with that permission, and to which the provisions of Article 17-2, paragraph (1) of the Foreign Exchange Control Order after amendment apply.

Article 3Prior provisions continue to govern the exporting of goods which a person, who had obtained, prior to the enforcement of this Cabinet Order, permission under Article 1, paragraph (2) of the Export Trade Control Order prior to amendment or an approval under Article 2, paragraph (1), item (i) of the same Order with regard to the exporting of goods set forth in the middle columns of rows 5 through 15 of Appended Table 1 of the same Order, conducts in accordance with that permission or that approval, and to which the provisions of Article 1, paragraph (1) of the Export Trade Control Order after amendment apply.

Article 4With regard to an application which has been filed, at the time of enforcing this Cabinet Order, for permission under Article 17-2, paragraph (3) of the Foreign Exchange Control Order prior to amendment in relation to transactions for the purpose of providing technology set forth in the middle columns of rows 5 through 15 of the appended table of the same Order, and which is in relation to transactions which require permission under Article 17-2, paragraph (1) of the Foreign Exchange Control Order after amendment, such application is deemed to be one for permission under the same paragraph.

Article 5With regard to an application which has been filed, at the time of enforcing this Cabinet Order, for permission under Article 1, paragraph (2) of the Export Trade Control Order prior to amendment or for an approval under Article 2, paragraph (1), item (i) of the same Order in relation to the exporting of goods set forth in the middle columns of rows 5 through 15 of Appended Table 1 of the same Order, and which is in relation to the exporting of goods which requires permission under Article 1, paragraph (1) of the Export Trade Control Order after amendment, such application is deemed to be one for permission under the same paragraph.

(Transitional Measures in Relation to Penal Provisions)

Article 6Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 315 of November 1, 1996]

(Effective Date)

(1)This Cabinet Order comes into effect as of the date of promulgation.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 94 of March 28, 1997]

This Cabinet Order comes into effect as of the day on which the Convention on the Prohibition of the Development, Manufacture, Stockpiling and Use of Chemical Weapons and on their Destruction becomes effective in Japan (April 29, 1997).

Supplementary Provisions[Cabinet Order No. 320 of October 29, 1997]

This Cabinet Order comes into effect as of November 2, 1997.

Supplementary Provisions[Cabinet Order No. 327 of November 12, 1997]

(Effective Date)

(1)This Cabinet Order comes into effect as of November 16, 1997.

(Transitional Measures)

Supplementary Provisions[Cabinet Order No. 383 of December 25, 1997][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (April 1, 1998) of the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act; provided, however, that the provisions of Article 3 of the Supplementary Provisions come into effect as of the date of promulgation.

(Transitional Measures)

Article 2(1)With regard to cases where payment, etc. (which refers to payment or receipt of payment; the same applies hereinafter) in relation to exchange transactions conducted by a bank, etc. (which refers to a bank, etc. prescribed in Article 17, paragraph (1) of the Foreign Exchange and Foreign Trade Act amended by the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (hereinafter referred to as the "Amendment Act") (hereinafter such Foreign Exchange and Foreign Trade Control Act is referred to as the "New Act"); the same applies hereinafter) with its customers pertains to capital transactions (which refer to capital transactions prescribed in Article 20 of the Foreign Exchange and Foreign Trade Control Act prior to amendment by the Amendment Act (hereinafter referred to as the "Old Act"); hereinafter the same applies in this paragraph, Article 5 of the Supplementary Provisions and Article 6 of the Supplementary Provisions) which were conducted prior to the date of enforcement of the Amendment Act (hereinafter referred to as the "date of enforcement"), the application of the provisions of Article 17 of the New Act and Article 7 of the Foreign Exchange Order after amendment (hereinafter referred to as the "New Order") in such case is in accordance with what is provided for as follows:

(i)"Article 21, paragraph (1) or paragraph (2)" in Article 17, paragraph (1), item (ii) of the New Act is deemed to be replaced with "Article 21, paragraph (1) or paragraph (2) of the Foreign Exchange and Foreign Trade Control Act prior to amendment by the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (Act No. 59 of 1997; hereinafter referred to as the "Amendment Act" in this item and the following item) (such Foreign Exchange and Foreign Trade Control Act is referred to as the "Old Act" in the following item)", and "capital transactions" is deemed to be replaced with "capital transactions (limited to capital transactions falling under those for which the obligation to obtain permission is imposed pursuant to the provisions of Article 21, paragraph (1) or paragraph (2) supposing such transactions are to be conducted on or after the date of enforcement of the Amendment Act)";

(ii)"those specified by Cabinet Order" in Article 17, paragraph (1), item (iii) of the New Act is deemed to be replaced with "capital transactions prescribed in Article 23, paragraph (1) of the Old Act for which the obligation to file a notification is imposed pursuant to the provisions of Article 22, paragraph (1) of the Old Act, or capital transactions prescribed in Article 24, paragraph (1) of the Old Act for which the obligation to file a notification is imposed pursuant to the provisions of paragraph (2) of the same Article (both limited to capital transactions falling under those for which the obligation to obtain permission is imposed pursuant to the provisions of Article 21, paragraph (1) or paragraph (2) supposing such transactions are to be conducted on or after the date of enforcement of the Amendment Act) or those specified by Cabinet Order";

(iii)"Article 24, paragraph (1) or paragraph (2) of the Act" in Article 7, item (i) of the New Order is deemed to be replaced with "Article 24, paragraph (1) of the Foreign Exchange and Foreign Trade Control Act prior to amendment by the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (Act No. 59 of 1997; hereinafter referred to as the "Amendment Act" in this item)", and "specified capital transactions prescribed in paragraph (1) of the same Article" is deemed to be replaced with "capital transactions prescribed in the same paragraph (limited to specified capital transactions falling under those prescribed in paragraph (1) of the same Article for which the obligation to obtain permission is imposed pursuant to the provisions of Article 24, paragraph (1) or paragraph (2) supposing such transactions are to be conducted on or after the date of enforcement of the Amendment Act)".

(2)With regard to the application of the provisions of Article 17 of the New Act and Article 7 of the New Order in the case where payment, etc. in relation to exchange transactions conducted by a bank, etc. with its customers pertains to transactions conducted prior to the date of enforcement which is prescribed in Article 25, paragraph (3) of the Old Act, "Article 25, paragraph (4) of the Act" in item (ii) of the same Article is deemed to be replaced with "Article 25, paragraph (3) of the Foreign Exchange and Foreign Trade Control Act prior to amendment by the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (Act No. 59 of 1997; hereinafter referred to as the "Amendment Act" in this item)", and "service transactions, etc." is deemed to be replaced with "transactions (limited to services transactions, etc. falling under those for which the obligation to obtain permission is imposed pursuant to the provisions of Article 25, paragraph (4) of the Act supposing such transactions are to be conducted on or after the date of enforcement of the Amendment Act)".

(3)With regard to the application of the provisions of Article 17 of the New Act and Article 7 of the New Order in the case where payment, etc. in relation to exchange transactions conducted by a bank, etc. with its customers pertains to the exporting of goods conducted prior to the date of enforcement for which the obligation to obtain an approval is imposed pursuant to the provisions of Article 52 of the Old Act, "Article 16, paragraph (1) of the Act" in item (iv) of the same Article is deemed to be replaced with "Article 16, paragraph (2) of the Foreign Exchange and Foreign Trade Control Act prior to amendment by the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (Act No. 59 of 1997; hereinafter referred to as the "Amendment Act" in this item)", and "those for which the obligation is imposed" is deemed to be replaced with "limited to those for which the obligation is imposed and those falling under the exporting of goods for which the Minister of International Trade and Industry imposed the obligation to obtain an approval from the same viewpoint as in the case the Minister imposes the obligation to obtain permission for payment, etc. pursuant to the provisions of Article 16, paragraph (1) of the Act supposing the exporting is to be conducted on or after the date of enforcement of the Amendment Act)".

Article 3(1)The method of payment prescribed in Article 19, paragraph (1) of the New Act which is subject to notification in relation to importing or exporting under paragraph (3) of the same Article, or a resident or a non-resident who intends to import or export securities or precious metals on the date of enforcement, may give notification in accordance with the provisions of paragraph (3) of the same Article as of the day prior to the date of enforcement.

(2)In the case where notification is filed under the provisions of the preceding paragraph, matters to be notified in the notification and delegation of authority of the Minister of Finance in relation to the notification is in accordance with the provisions of Article 8-2, paragraph (3) and Article 25, paragraph (1) (excluding item (ii)) of the New Order.

Article 4Payment, etc. specified by Cabinet Order prescribed in Article 2, paragraph (1) of the Supplementary Provisions of the Amendment Act is payment, etc. falling under any of the following:

(i)among payment, etc. designated by a public notice based on the provisions of Article 6, paragraph (1) of the New Order as on the date of enforcement, payment etc. which was specified by the public notice as that for which the obligation to obtain permission is imposed pursuant to the provisions of Article 16, paragraph (1) of the New Act, deeming it particularly necessary for making Japan's contribution to international efforts for achieving international peace;

(ii)payment, etc. designated by a public notice based on Article 6, paragraph (1) of the New Order after the date of enforcement.

Article 5Capital transactions specified by Cabinet Order prescribed in Article 3, paragraph (1) of the Supplementary Provisions of the Amendment Act or transactions prescribed in the same paragraph are capital transactions falling under any of the following or transactions prescribed in the same paragraph (hereinafter referred to as "capital transactions, etc." in this Article):

(i)among capital transactions, etc. designated by public notice based on the provisions of Article 11, paragraph (1), Article 15, paragraph (1), or Article 18, paragraph (3) of the New Order as on the date of enforcement, capital transactions, etc. which were specified by the public notice as one for which the obligation to obtain permission is imposed pursuant to the provisions of Article 21, paragraph (1), Article 24, paragraph (1), or Article 25, paragraph (4) of the New Act, deeming that they might cause a situation that hinders Japan's contribution to international efforts for achieving international peace and makes it difficult to meet the purpose of the New Act;

(ii)capital transactions designated by a public notice based on Article 11, paragraph (1), Article 15, paragraph (1), or Article 18, paragraph (3) of the New Order after the date of enforcement.

Article 6Capital transactions Subject to Examination in Advance under the Old Act specified by Cabinet Order prescribed in Article 5, paragraph (1) of the Supplementary Provisions of the Amendment Act are capital transactions falling under any of the following:

(i)among capital transactions designated by a public notice based on the provisions of Article 11, paragraph (1) of the New Order as on the date of enforcement, capital transactions which were specified by the public notice as those for which the obligation to obtain permission is imposed pursuant to the provisions of Article 21, paragraph (1) of the New Act, deeming that they might cause a situation that hinders Japan's contribution to international efforts for achieving international peace and makes it difficult to meet the purpose of the New Act;

(ii)capital transactions designated by a public notice based on Article 11, paragraph (1) of the New Order after the date of enforcement.

(Transitional Measures in Relation to Penal Provisions)

Article 7Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 369 of November 20, 1998][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of December 1, 1998.

(Transitional Measures in Relation to the Application of Penal Provisions)

Article 30Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 190 of June 18, 1999][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of the date of promulgation; provided, however, that provisions set forth in the following items come into effect as of the date set forth in the respective items:

(i)the provisions amending row 7 of the appended table of the Foreign Exchange Order in Article 1:July 2, 1999.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 267 of September 16, 1999][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of October 1, 1999.

Supplementary Provisions[Cabinet Order No. 272 of September 20, 1999][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of October 1, 1999.

Supplementary Provisions[Cabinet Order No. 424 of December 27, 1999]

This Cabinet Order comes into effect as of March 1, 2000.

Supplementary Provisions[Cabinet Order No. 307 of June 7, 2000][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of January 6, 2001.

Supplementary Provisions[Cabinet Order No. 483 of November 17, 2000][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (December 1, 2000) of the Act Partially Amending the Securities and Exchange Act and the Financial Futures Trading Act.

Supplementary Provisions[Cabinet Order No. 439 of December 28, 2001]

(Effective Date)

(1)This Cabinet Order comes into effect as of April 1, 2002.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 209 of June 14, 2002]

(Effective Date)

(1)This Cabinet Order comes into effect as of July 15, 2002.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 259 of July 26, 2002][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act (Act No. 34 of 2002; referred to as the "Amendment Act" in the following Article).

(Transitional Measures)

Article 2(1)In cases where financial institutions, etc. (which refer to financial institutions, etc. prescribed in Article 22-2, paragraph (1) of the Foreign Exchange and Foreign Trade Control Act amended by the Amendment Act (hereinafter referred to as the "New Act" in this Article)) have confirmed matters sufficient to identify customers, etc. (which refer to customers, etc. prescribed in Article 22-2, paragraph (1) of the New Act) pursuant to the provisions of Article 18, paragraph (1) or Article 22-2, paragraph (1) of the New Act, prior to the enforcement of the Amendment Act, and have created and preserved a record in relation to the confirmation, acts with identified customers prior to enforcement (which refer to acts falling under those with identified customers prescribed in Article 11-5, paragraph (2) after amendment in the case where the provisions of the same paragraph are applied, deeming the confirmation to be identity confirmation (which refers to identity confirmation under Article 18, paragraph (1) and Article 22-2, paragraph (1) of the New Act) and the record as a record of confirmation of identity (which refers to a record of confirmation of identity under Article 18-3, paragraph (1) of the New Act)) are deemed to be acts with identified customers prescribed in Article 11-5, paragraph (2) after amendment.

(2)The provisions of the preceding paragraph apply mutatis mutandis to the postal service office or a person who engages, in Japan, in Money Exchange Business prescribed in Article 22-3, paragraph (1) of the New Act.

Supplementary Provisions[Cabinet Order No. 363 of December 6, 2002][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of January 6, 2003.

(Transitional Measures in Relation to Penal Provisions)

Article 6Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 385 of December 18, 2002][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2003.

(Transitional Measures Accompanied with the Partial Amendment of the Foreign Exchange Order)

Article 6With regard to the application of the provisions of Article 11-5, paragraph (2) of the Foreign Exchange Order amended by the provisions of Article 62 and Article 2 of the Supplementary Provisions of the Cabinet Order Partially Amending the Foreign Exchange Order (Cabinet Order No. 259 of 2002), acts conducted by the postal service office prior to the date of enforcement are deemed to be acts conducted by the public corporation.

Supplementary Provisions[Cabinet Order No. 386 of December 18, 2002][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2003.

Supplementary Provisions[Cabinet Order No. 28 of January 31, 2003][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (February 3, 2003) of the Act on the Utilization of Information and Communications Technology in Administrative Procedure, etc.

Supplementary Provisions[Cabinet Order No. 197 of April 2, 2003]

This Cabinet Order comes into effect as of July 1, 2003.

Supplementary Provisions[Cabinet Order No. 518 of December 17, 2003]

(Effective Date)

(1)This Cabinet Order comes into effect as of January 20, 2004.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 9 of January 30, 2004][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2004.

(Transitional Measures in Relation to Penal Provisions)

Article 2Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 352 of November 10, 2004][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of January 1, 2005.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 425 of December 27, 2004][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (December 30, 2004) of the Act Partially Amending the Act on Identity Confirmation of Customers by Financial Institutions.

Supplementary Provisions[Cabinet Order No. 429 of December 28, 2004][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act (December 30, 2004).

Supplementary Provisions[Cabinet Order No. 19 of February 16, 2005]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2005.

(Transitional Measures in Relation to the Application of Penal Provisions)

Article 2Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 206 of June 10, 2005][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act Partially Amending the Financial Futures Trading Act (referred to as the "Amendment Act" in the following Article and Article 3, paragraph (1) of the Supplementary Provisions) (such day is referred to as the "date of enforcement" in the same paragraph).

(Transitional Measures in Relation to the Application of Penal Provisions)

Article 4Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 358 of December 2, 2005]

(Effective Date)

(1)This Cabinet Order comes into effect as of January 1, 2006.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 42 of March 17, 2006]

This Cabinet Order comes into effect as of the date of enforcement of the Companies Act.

Supplementary Provisions[Cabinet Order No. 313 of September 22, 2006]

(Effective Date)

Article 1This Cabinet Order comes into effect as of January 4, 2007.

(Transitional Measures)

Article 2Where banks, etc. (meaning banks, etc. prescribed in Article 16-2 of the Foreign Exchange and Foreign Trade Act (hereinafter referred to as the "Act")) have confirmed matters prescribed in the items of Article 18, paragraph (1) of the Act in accordance with the provisions of the same paragraph and have created and preserved a record in relation to the confirmation, the provisions of Article 11-5, paragraphs (1) and (2) of the Foreign Exchange Order amended by this Cabinet Order apply to such confirmation and record by deeming the confirmation and the record to be the identity confirmation prescribed in the same paragraph and the record of the identity confirmation prescribed in Article 18-3, paragraph (1) of the Act, respectively.

Supplementary Provisions[Cabinet Order No. 387 of December 20, 2006]

(Effective Date)

(1)This Cabinet Order comes into effect as of June 1, 2007; provided, however, that the provisions amending Article 4, paragraph (1), item (iv) of the Export Trade Control Order in Article 2 (limited to the part which deletes the phrase "or goods to be exported to the regions set forth in Appended Table 4" and the part which revises the term "exported" to "exported to the regions other than those set forth in Appended Table 4"), the provisions amending Appended Table 4 of the same Order, and the provisions amending Appended Table 7 of the same Order come into effect as of January 15, 2007.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 124 of March 31, 2007][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2007, and applies to the budget of the fiscal year of 2007 and thereafter.

Supplementary Provisions[Cabinet Order No. 207 of July 13, 2007]

This Cabinet Order comes into effect as of the date of enforcement of the Trust Act.

Supplementary Provisions[Cabinet Order No. 233 of August 3, 2007][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Amendment Act.

(Transitional Measures in Relation to the Application of Penal Provisions)

Article 64Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order and acts committed after the enforcement of this Cabinet Order in the case which, pursuant to the provisions of the Supplementary Provisions, is to continue to be governed by prior provisions.

Supplementary Provisions[Cabinet Order No. 20 of February 1, 2008][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the provisions set forth in Article 1, item (i) of the Supplementary Provisions of the Act (March 1, 2008).

Supplementary Provisions[Cabinet Order No. 71 of March 26, 2008]

(Effective Date)

(1)This Cabinet Order comes into effect as of May 15, 2008.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 180 of May 21, 2008][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of October 1, 2008.

(Transitional Measures in Relation to Penal Provisions)

Article 4Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 219 of July 4, 2008][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act Partially Amending the Act on Book-Entry Transfer of Company Bonds, etc. for Rationalization of Settlement of Share Transactions, etc. (hereinafter referred to as the "Amendment Act").

Supplementary Provisions[Cabinet Order No. 237 of July 25, 2008][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of October 1, 2008.

Supplementary Provisions[Cabinet Order No. 260 of August 27, 2008]

This Cabinet Order comes into effect as of November 1, 2008.

Supplementary Provisions[Cabinet Order No. 297 of September 19, 2008][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of October 1, 2008.

Supplementary Provisions[Cabinet Order No. 123 of April 22, 2009]

This Cabinet Order comes into effect as of May 12, 2009.

Supplementary Provisions[Cabinet Order No. 213 of August 14, 2009]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement (November 1, 2009) of the Act Partially Amending the Foreign Exchange and Foreign Trade Control Act; provided, however, that the provisions in Article 1 amending Article 18, paragraph (1) of the Foreign Exchange Order and the provisions in Article 2 amending Article 10 of the Export Trade Control Order (limited to the part in relation to Chapter VI-3) come into effect as of April 1, 2010.

(Transitional Measures in Relation to Penal Provisions)

Article 2Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 304 of December 28, 2009]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2010.

(Transitional Measures in Relation to Penal Provisions)

Article 2Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 19 of March 1, 2010][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act (April 1, 2010).

Supplementary Provisions[Cabinet Order No. 147 of June 16, 2010]

This Cabinet Order comes into effect as of April 1, 2010.

Supplementary Provisions[Cabinet Order No. 141 of May 18, 2011]

(Effective Date)

Article 1This Cabinet Order comes into effect as of July 1, 2011.

(Transitional Measures in Relation to Penal Provisions)

Article 2Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 423 of December 26, 2011][Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect as of April 1, 2012.

Supplementary Provisions[Cabinet Order No. 267 of September 13, 2013]

(Effective Date)

(1)This Cabinet Order comes into effect as of October 15, 2013.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

Supplementary Provisions[Cabinet Order No. 15 of January 24, 2014][Extract]

(Effective Date)

(1)This Cabinet Order comes into effect as of the date of enforcement (April 1, 2014) of the Act Partially Amending the Financial Instruments and Exchange Act.

(Transitional Measures in Relation to Penal Provisions)

(2)Prior provisions continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.

	Technology	Foreign states
1	Technology for the design, manufacture, or use of the goods set forth in the middle column of row 1 of Appended Table 1 of the Export Trade Control Order	All regions
2	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of the goods set forth in the middle column of row 2 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of numerically-controlled equipment
3	(i) Technology for the design, manufacture, or use of the goods set forth in row 3, (i) of appended table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of the goods set forth in row 3, (ii) of appended table 1 of the Export Trade Control Order
3-2	(i) Technology for the design, manufacture, or use of the goods set forth in row 3-2, (i) of appended table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of the goods set forth in row 3-2, (ii) of Appended Table 1 of the Export Trade Control Order
4	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of the goods set forth in the middle column of row 4 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design of avionics equipment or parts thereof (excluding those set forth in (i) above)
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of electronic computers for rockets or unmanned aerial vehicles (excluding those set forth in (i) above)
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of autoclaves
	(v) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of equipment used in fixing substances generated from the thermal decomposition of gas onto substrates
5	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and used for the design or manufacture of the goods set forth in the middle column of row 5 of appended table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of the goods set forth in the middle column of row 5 of Appended Table 1 of the Export Trade Control Order
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of ceramic powders or ceramics (excluding those set forth in (i) above and in the middle column of row 15)
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of polybenzothiazole or polybenzoxazole
	(v) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of rubber-like fluorine compounds including vinyl ether monomers
	(vi) Deleted
	(vii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design of composites (excluding those set forth in the middle column of row 4)
	(viii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of electric wave absorbers or conductive polymers (excluding those set forth in the middle column of row 4)
6	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of goods set forth in the middle column of row 6 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of goods set forth in the middle column of row 6 of Appended Table 1 of the Export Trade Control Order (excluding those set forth in the middle column of row 2)
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of numerically-controlled equipment or coating equipment (excluding those set forth in the middle column of row 2)
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or use of metal processing equipment or tools, including molds (excluding those set forth in (i) to (iii) above)
	(v) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of hydraulic stretch forming machines and molds thereof (excluding those set forth in (iv) above)
	(vi) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design of auxiliaries for numerically-controlled equipment
7	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of goods set forth in the middle column of row 7 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of goods set forth in the middle column of row 7, (xvi) of Appended Table 1 of the Export Trade Control Order
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of integrated circuits (excluding those set forth in (i) above and in the middle column of row 4)
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacturing of equipment using superconducting materials (excluding those set forth in (i) above)
	(v) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of electron tubes or microchips (excluding those set forth in (i) above)
8	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture or use of goods set forth in the middle column of row 8 of Appended Table 1 of the Export Trade Control Order (excluding those set forth in the middle column of row 4)	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture or use of electronic computers, auxiliaries thereof, or parts of such computers or auxiliaries (excluding those set forth in (i) above and in the middle column of row 4)
9	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture or use of goods set forth in the middle column of row 9 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture or use of goods set forth in the middle column of row 9, (i) to (iii) or (v) to (vi) of Appended Table 1 of the Export Trade Control Order (excluding those set forth in (i) above and in the middle column of row 15)
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of micro wave integrated circuits designed for communications (excluding those set forth in the middle column of row 7)
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of communication equipment using superconducting materials (excluding those set forth in the middle column of row 7)
10	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of goods set forth in the middle column of row 10 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of goods set forth in row 10, (ii) or (iv) to (xi) of Appended Table 1 of the Export Trade Control Order (excluding those set forth in the middle columns of rows 2 and 15)
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the manufacturing of optical components (excluding those set forth in (i) above)
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacturing or use of test equipment for laser oscillators (excluding those set forth in (i) above)
	(v) Deleted
	(vi) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of radomes (excluding those set forth in the middle column of row 4)
	(vii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of equipment used in the testing of resistance of materials against laser beam or targets used therein
11	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of goods set forth in the middle column of row 11 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of goods set forth in row 11, (i) to (iv)-2 of Appended Table 1 of the Export Trade Control Order (excluding those set forth in the middle column of row 15)
	(iii) Deleted
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of avionics equipment (excluding those set forth in the middle column of row 4)
12	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of goods set forth in the middle column of row 12 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of goods set forth in the middle column of row 12 of Appended Table 1 of the Export Trade Control Order
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of propellers (excluding those set forth in (i) and (ii) above and in the middle column of row 15)
13	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of goods set forth in the middle column of row 13 of Appended Table 1 of the Export Trade Control Order (excluding those set forth in the middle column of row 15)	All regions
	(ii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of goods set forth in the middle column of row 13 of Appended Table 1 of the Export Trade Control Order (excluding those set forth in the middle column of row 4)
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of gas turbine engines or parts thereof (excluding those set forth in (i) and (ii) above and in the middle column of row 15)
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacturing of aircraft or parts thereof (excluding those set forth in (i) above and in the middle column of row 1)
	(v) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacturing of diesel engines or parts thereof (excluding those set forth in the middle column of row 14)
14	Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of goods set forth in the middle column of row 14 of Appended Table 1 of the Export Trade Control Order	All regions
15	(i) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacture of goods set forth in the middle column of row 15 of Appended Table 1 of the Export Trade Control Order	All regions
	(ii) Deleted
	(iii) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of underwater detectors utilizing acoustic waves
	(iv) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of inertial navigators or other equipment utilizing inertial forces
	(v) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of gyroscopes for celestial navigation, or devices that derive position or orientation by means of automatically tracking celestial bodies or satellites
	(v)-2 Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the use of a sound navigation and ranging (SONAR) system (excluding those set forth in (iii) above)
	(vi) Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design or manufacturing of parts of gas turbine engines
16	Technology specified by Order of the Ministry of Economy, Trade and Industry and employed in the design, manufacture, or use of goods classified into Classes 25 to 40, 54 to 59, 63, 68 to 93, or 95 of the Appendix of the Customs Tariff Act (Act No. 54 of 1910) (excluding those set forth in the middle columns of rows 1 to 15)	All regions (excluding the regions set forth in appended table 3 of the Export Trade Control Order)