Act on the Control of Organizations Which Have Committed Acts of Indiscriminate Mass Murder - English

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Act on the Control of Organizations Which Have Committed Acts of Indiscriminate Mass Murder

Act No. 147 of December 7, 1999

Table of Contents

Chapter I General Provisions(Articles 1 through 4)

Chapter II Control Measures(Articles 5 through 11)

Chapter III Procedures for Control Measures(Articles 12 through 28)

Chapter IV Investigations(Article 29 and Article 30)

Chapter V Miscellaneous Provisions(Articles 31 through 37)

Chapter VI Penal Provisions(Articles 38 through 43)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1The purpose of this Act is to prescribe necessary control measures on an organization whose officers or personnel (meaning a representative, a chief officer, or any other person engaged in the functions of the organization, regardless of the title; the same applies hereinafter), or members have committed an act of indiscriminate mass murder as an organizational activity by using sarin gas for example, in order to reveal the status of the organization's activities and prevent the recurrence of the act, thereby contributing to ensuring public security including peaceful existence of the citizens.

(Interpretation and Application of this Act)

Article 2Since this Act has a grave bearing upon the fundamental human rights of the citizens, it must be applied only to the minimum extent necessary to ensure public security, and its interpretation must not be expanded under any circumstances.

(Criteria for Controlling Organizations)

Article 3(1)Controls and investigations for controls under this Act must be conducted only to the minimum extent necessary to achieve the purpose prescribed in Article 1, and must not, under any circumstances, be conducted beyond the prescribed authority, to unreasonably restrict freedom of thought, freedom of religion, freedom of assembly and association, freedom of expression, academic freedom, the right of workers to organize and act collectively, or any other freedom or right of the citizens which is guaranteed by the Constitution of Japan.

(2)Controls and investigations for controls under this Act must not, under any circumstances, be abused to restrict or interfere with any legitimate activities conducted by labor unions or other organizations.

(Definitions)

Article 4(1)The term "act of indiscriminate mass murder" as used in this Act means a terroristic subversive activity set forth in Article 4, paragraph (1), item (ii), (f) of the Subversive Activities Prevention Act, through which unspecified and large number of persons are murdered, or which has been commenced but failed to complete (excluding an act which has ended more than ten years prior to the date on which this Act came into effect).

(2)The term "organization" as used in this Act means a continuous association of persons, or a federation of such associations, organized to achieve any particular common purpose. Any branch, chapter or subsidiary body of an organization may be subject to control under this Act if it meets this requirement.

Chapter II Control Measures

(Surveillance Disposition

Article 5(1)When an organization whose officers or personnel, or members have committed an act of indiscriminate mass murder as an organizational activity falls under any of the matters set forth in the following items and it is found necessary to continuously reveal the status of its activities, the Public Security Examination Commission may implement a disposition to place the organization under the surveillance of the Director-General of the Public Security Intelligence Agency by setting a period of time not exceeding three years:

(i)the ringleader of the act of indiscriminate mass murder exerts an influence over the organization's activities;

(ii)all or some of the persons who participated in the act of indiscriminate mass murder are officers or personnel, or members of the organization;

(iii)all or some of the persons who were officers (meaning persons who are able to participate in the organization's decision-making and who are engaged in the functions of the organization; the same applies hereinafter) of the organization at the time when the act of indiscriminate mass murder was committed, are officers of the organization;

(iv)the organization has a platform that explicitly or implicitly encourages homicide; or

(v)beyond what is set forth in the preceding items, there are sufficient facts to believe that there is a risk of the organization committing an act of indiscriminate mass murder.

(2)An organization which was subject to a disposition referred to in the preceding paragraph must, pursuant to Cabinet Order, report the following matters to the Director-General of the Public Security Intelligence Agency within thirty days from the date on which the disposition becomes effective:

(i)the names, addresses, and titles of the organization's officers and personnel, and the names and addresses of its members, as of the date on which the disposition becomes effective;

(ii)the location, area, and use of land used for the organization's activities as of the date on which the disposition becomes effective;

(iii)the location, size, and use of buildings used for the organization's activities as of the date on which the disposition becomes effective;

(iv)the assets and liabilities of the organization prescribed by Cabinet Order, as of the date on which the disposition becomes effective; and

(v)any other matters which the Public Security Examination Commission finds particularly necessary at the time it implements the disposition referred to in the preceding paragraph.

(3)An organization which was subject to a disposition prescribed in paragraph (1) must, pursuant to the provisions of Cabinet Order, report the following matters to the Director-General of the Public Security Intelligence Agency within fifteen days after the end of each three-month period during the period of time from the date on which the disposition becomes effective until the day before the date on which the disposition ceases to be effective (when the last period within those dates consists of a period that is less than three months, that period; hereinafter the same applies in this paragraph):

(i)the names, addresses, and titles of the organization's officers and personnel, and the names and addresses of its members, as of the last day of the relevant period;

(ii)the location, area, and use of land used for the organization's activities as of the last day of the relevant period;

(iii)the location, size, and use of buildings used for the organization's activities as of the last day of the relevant period;

(iv)the assets and liabilities of the organization prescribed by Cabinet Order, as of the last day of the relevant period;

(v)the matters concerning the organization's activities prescribed by Cabinet Order, during the relevant period; and

(vi)any other matters which the Public Security Examination Commission finds particularly necessary at the time it implements the disposition prescribed in paragraph (1).

(4)When an organization which was subject to a disposition prescribed in paragraph (1) falls under any of the matters set forth in the items of the same paragraph, and it is found necessary to continuously reveal the status of its activities, the Public Security Examination Commission may renew the period of the disposition.

(5)The provisions of paragraph (3) apply mutatis mutandis when the period has been renewed pursuant to the provisions of the preceding paragraph.In this case, the phrase "from the date on which the disposition becomes effective" in paragraph (3) is deemed to be replaced with "from the date on which the period of the disposition is renewed."

(6)When the Director-General of the Public Security Intelligence Agency has received a report under paragraph (2) or paragraph (3) (including as applied mutatis mutandis pursuant to the preceding paragraph), the Director-General is to promptly notify the Commissioner General of the National Police Agency of the content of the report in writing.

(Revocation of Surveillance Disposition)

Article 6(1)The Public Security Examination Commission must revoke a disposition prescribed in paragraph (1) or paragraph (4) of the preceding Article when it finds that is no longer necessary to continuously reveal the status of the organization's activities.

(2)An organization which has become subject to a disposition under paragraph (1) or paragraph (4) of the preceding Article may encourage the Public Security Examination Commission to revoke the disposition under the preceding paragraph.

(Enforcement of Surveillance Disposition)

Article 7(1)The Director-General of the Public Security Intelligence Agency may have a public security intelligence officer conduct necessary investigations in order to reveal the status of the activities of the organization which has become subject to a disposition prescribed in Article 5, paragraph (1) or paragraph (4).

(2)When it is found particularly necessary to reveal the status of the activities of the organization which has become subject to a disposition described in Article 5, paragraph (1) or paragraph (4), the Director-General of the Public Security Intelligence Agency may have a public security intelligence officer enter the land or the building owned or managed by the organization which has become subject to a disposition described in paragraph (1) or paragraph (4) of the same Article and inspect the facilities, books and documents, or other necessary objects.

(3)The Public Security Intelligence Officer who conducts an on-site inspection pursuant to the provisions of the preceding paragraph must carry their identification and present it to the person concerned.

(4)The authority to conduct the on-site inspection under paragraph (2) must not be construed as being granted for criminal investigation purposes.

(Dispositions for Preventing Recurrence)

Article 8(1)When an organization whose officers or personnel, or members have committed an act of indiscriminate mass murder as an organizational activity falls under any of the items of Article 5, paragraph (1) and also falls under any of the following items, the Public Security Examination Commission may implement all or some of the dispositions set forth in the items of the following paragraph to the organization by setting a period of time not exceeding six months. The same applies when an organization which has become subject to a disposition prescribed in paragraph (1) or paragraph (4) of the same Article has not submitted a report under paragraph (2) or paragraph (3) of the same Article or has submitted a false report, or has refused, obstructed, or evaded an on-site inspection under paragraph (2) of the preceding Article, and it is found difficult to ascertain the degree of risk with which the organization will commit an act of indiscriminate mass murder:

(i)when the officers or personnel, or members of the organization have murdered or attempted to murder a person, have caused or attempted to cause a person bodily injury, or have assaulted or attempted to assault a person, as an organizational activity;

(ii)when the officers or personnel, or members of the organization have kidnapped or attempted to kidnap a person by force or enticement, as an organizational activity;

(iii)when the officers or personnel, or members of the organization have confined or attempted to confine a person, as an organizational activity;

(iv)when the officers or personnel, or members of the organization have gained or attempted to gain possession of explosives, toxic substances or their raw materials, or firearms or their parts, or have gained or attempted to gain ownership of facilities for manufacturing those objects, as an organizational activity;

(v)when the officers or personnel, or members of the organization have coerced or attempted to coerce a person to join the organization, or have obstructed or attempted to obstruct a person's withdrawal from the organization, as an organizational activity;

(vi)when the officers or personnel , or members of the organization have instructed or attempted to instruct officers or personnel ,or members of the organization based on a platform that explicitly or implicitly encourages homicide, as an organizational activity;

(vii)when the officers or personnel, or members of the organization have increased or attempted to increase the total number of members, or assets such as land, buildings, and facilities in a drastic manner, as an organizational activity; or

(viii)beyond what is set forth in the preceding items, when it is necessary to prevent the increasing risk of the organization committing an act of indiscriminate mass murder.

(2)The following dispositions may be implemented pursuant to the provisions of the preceding paragraph:

(i)prohibiting the organization from any further acquisition or lease of land or buildings under any name, in a specific or unspecified area;

(ii)prohibiting the organization from using all or a part of land or buildings (except those exclusively used for residence) it owns or manages;

(iii)prohibiting the organization from allowing a person who participated in the act of indiscriminate mass murder or who was an officer of the organization at the time when the act of indiscriminate mass murder was committed (hereinafter referred to as a "person involved, etc. in the act of indiscriminate mass murder") to participate or engage in all or some of the organization's activities on the land or in the buildings used for the organization's activities;

(iv)prohibiting the organization from coercing or soliciting a person to join, or from obstructing a person's withdrawal from the organization; and

(v)prohibiting or restricting the organization from receiving gifts of money, goods, or any other economic benefits.

(Prohibited Actions by Officers or Personnel, or Members)

Article 9(1)No officer or personnel, or member of an organization which has become subject to a disposition prescribed in the preceding Article may perform an act which contravenes the disposition as an organizational activity.

(2)After a disposition prescribed in the preceding Article has become effective, no officer or personnel, or member of an organization which has become subject to the disposition may perform an act set forth in the following items:

(i)in case the organization has become subject to a disposition set forth in paragraph (2), item (i) of the preceding Article, acquiring or leasing, under any name, land or buildings which the disposition has prohibited the organization from acquiring or leasing, for the purpose of providing it for use of the organization;

(ii)in case the organization has become subject to a disposition set forth in paragraph (2), item (ii) of the preceding Article, using the land or buildings which the disposition has prohibited the organization from using, for the purpose of providing it for use of the organization;

(iii)in case the organization has become subject to a disposition set forth in paragraph (2), item (iii) of the preceding Article, allowing a person involved, etc. in the act of indiscriminate mass murder to participate or engage in the organization's activities which the disposition has prohibited the organization from allowing a person involved, etc. in the act of indiscriminate mass murder to participate or engage in;

(iv)in case the organization has become subject to a disposition set forth in paragraph (2), item (iv) of the preceding Article, coercing or soliciting a person to join the organization or obstructing a person's withdrawal from the organization, which the disposition has prohibited ; and

(v)in case the organization has become subject to a disposition set forth in paragraph (2), item (v) of the preceding Article, receiving any money, goods, or any other economic benefits as a gift which the disposition has prohibited the organization from receiving as a gift, for the purpose of promoting the interests of the organization.

(3)When the organization has become subject to a disposition set forth in paragraph (2), item (iii) of the preceding Article, no person involved, etc. in the act of indiscriminate mass murder may participate or engage in the organization's activities which the disposition has prohibited the organization from allowing a person involved, etc. in the act of indiscriminate mass murder to participate or engage in, after the disposition has become effective.

(Revocation of a Disposition for Preventing Recurrence)

Article 10(1)The Public Security Examination Commission must revoke a disposition under Article 8, when it finds that it is no longer necessary to impose the prohibition or restriction under the disposition.

(2)An organization which has become subject to a disposition under Article 8 may encourage the Public Security Examination Commission to revoke the disposition under the preceding paragraph.

(Posting of a Notification in Connection with a Prohibition on the Use of Land or Buildings)

Article 11(1)When the Public Security Examination Commission has implemented a disposition prohibiting an organization from using all or a part of land or buildings it owns or manages pursuant to the provisions of Article 8, paragraph (2), item (ii), the Public Security Examination Commission is to post a notification as prescribed by the Rules of the Public Security Examination Commission, at the place where the land is located, or in a position which is readily visible in the entrance area of the buildings, notifying that the organization has become subject to the disposition for the land or buildings.

(2)When the Public Security Examination Commission has posted a notification pursuant to the provisions of the preceding paragraph, the Public Security Examination Commission must remove the notification when the period set based on the provisions of Article 8, paragraph (1) has passed or when the disposition has been revoked pursuant to the preceding Article.

(3)No person may damage or defile a notification posted pursuant to the provisions of paragraph (1), and no person may remove the notification before the period set based on the provisions of Article 8, paragraph (1) for the land or buildings where the notification is posted has passed, or before the disposition has been revoked pursuant to the provisions of the preceding Article.

Chapter III Procedures for Control Measures

(Requests for the Dispositions)

Article 12(1)Dispositions referred to in Article 5, paragraph (1) and Article 8 are implemented only at the request of the Director-General of the Public Security Intelligence Agency. The same applies to a disposition prescribed in Article 5, paragraph (4).

(2)When the Director-General of the Public Security Intelligence Agency intends to request the dispositions referred to in the preceding paragraph, the Director-General is to hear the opinion of the Commissioner General of the National Police Agency in advance.

(3)When the Commissioner General of the National Police Agency finds it necessary, the Commissioner General may state an opinion that it is necessary to request a disposition referred to in Article 5, paragraph (1) or paragraph (4), or Article 8 to the Director-General of the Public Security Intelligence Agency.

(Submitting Documents on Land and Buildings Owned or Managed by an Organization Subject to Surveillance Disposition)

Article 13When requesting a disposition referred to in Article 5, paragraph (1) or paragraph (4) or after requesting the disposition, the Director-General of the Public Security Intelligence Agency must submit documents to the Public Security Examination Commission detailing the matters sufficient for identifying the land or buildings owned or managed by the organization which has become subject to the disposition, pursuant to the provisions of the Rules of the Public Security Examination Commission.

(On-Site Inspections)

Article 14(1)When the Commissioner General of the National Police Agency finds it necessary for stating an opinion with regard to a request for a disposition referred to in Article 8 based on the provisions of Article 12, paragraph (2) or paragraph (3), the Commissioner General may instruct the prefectural police department which they finds appropriate to conduct the necessary investigations on an organization which has become subject to a disposition referred to in Article 5, paragraph (1) or paragraph (4).

(2)When the Superintendent-General or the Chief of Prefectural Police Headquarters of the prefectural police department (hereinafter referred to as the "chief of prefectural police headquarters") who has received the instructions referred to in the preceding paragraph finds it particularly necessary to conduct investigations prescribed in the same paragraph, they may, after obtaining approval from the Commissioner General of the National Police Agency in advance, have an official of the prefectural police department enter the land or buildings owned or managed by an organization which has become subject to a disposition referred to in Article 5, paragraph (1) or paragraph (4) and inspect the facilities, books and documents, or other necessary objects.

(3)When the Commissioner General of the National Police Agency intends to give an approval referred to in the preceding paragraph, the Commissioner General must consult with the Director-General of the Public Security Intelligence Agency in advance.

(4)The official of the prefectural police department who conducts an on-site inspection pursuant to the provisions of paragraph (2) must carry their identification , and present it to the person concerned.

(5)When the chief of prefectural police headquarters has had an officer conduct the on-site inspection under paragraph (2), the chief must promptly report the results in writing to the Commissioner General of the National Police Agency.

(6)When the Commissioner General of the National Police Agency has received the report referred to in the preceding paragraph, the Commissioner General is to promptly notify the Director-General of the Public Security Intelligence Agency of the content of the report in writing.

(7)The authority to conduct the on-site inspection under paragraph (2) must not be construed as being granted for criminal investigation purposes.

(Format for the Request for Disposition)

Article 15(1)A request for disposition referred to in the first sentence of Article 12, paragraph (1) must be filed by submitting a written request (hereinafter referred to as a "written request for disposition") to the Public Security Examination Commission, detailing the following matters and other matters prescribed by the Rules of the Public Security Examination Commission:

(i)the content of the disposition under the request and the provisions of laws and regulations which serve as the grounds for the disposition; and

(ii)the fact which constitutes the grounds for the request.

(2)A written request for disposition must be accompanied by documentary evidence or articles of evidence (hereinafter referred to as "documentary evidence, etc.") proving the fact which constitutes the grounds for the request.

(Hearings)

Article 16When the Public Security Examination Commission has received a request for disposition referred to in the first sentence of Article 12, paragraph (1), the Commission must conduct a hearing that is open to the public; provided, however, that the Commission may conduct a hearing that is closed to the public when this is found unavoidable in order to protect an individual's privacy.

(Format for the Notice of a Hearing)

Article 17(1)In conducting a hearing under the preceding Article, the Public Security Examination Commission must, in advance, determine the date and place where the Commission conducts the hearing, and must notify the organization of the following matters at least seven days before that date:

(i)the content of the disposition under request by the Director-General of the Public Security Intelligence Agency and the provisions of laws and regulations which serve as the grounds for the disposition;

(ii)the fact which constitutes the grounds for the request; and

(iii)the date and place for the hearing.

(2)The notice referred to in the preceding paragraph is given to the public in the official gazette.In this case, it is deemed that the notice has reached the organization when seven days have elapsed from the date of public notice.

(3)When the address or residence of the representative or chief officer of the organization is known, a written notice must be sent to that person in addition to the public notice in the official gazette under the preceding paragraph.

(Agents)

Article 18(1)An organization which has received a notice prescribed in paragraph (1) of the preceding Article (including an organization the notice is deemed to have reached pursuant to the second sentence of paragraph (2) of the same Article) may appoint agents.

(2)Each agent may perform any and all acts for the organization in connection with the hearing.

(Direction of a Hearing)

Article 19(1)A hearing is directed by a chairperson or members of the Public Security Examination Commission designated by the Commission (hereinafter referred to as "designated member, etc.").

(2)At the beginning of the hearing date, the designated member, etc. must have an official of the Public Security Intelligence Agency explain the content of the disposition under request, the provisions of laws and regulations which serve as the grounds for the disposition, and the fact which constitutes the grounds for the request to the persons who have appeared at the hearing.

(3)The designated member, etc. may order a person that performed an act which prevents the hearing procedures to leave.

(Statement of Opinions and Production of Documentary Evidence)

Article 20(1)Up to five officers or personnel, or members, or agents of the organization may appear on a hearing date, and state their opinions on the implementation of the disposition, and produce documentary evidence, etc.

(2)The officer or personnel, or member, or agents of the organization may, with the permission of the designated member, etc., ask questions to the officials of the Public Security Intelligence Agency.

(3)The officer or personnel, or member, or agents of the organization may submit a written statement and documentary evidence, etc. to the Public Security Examination Commission prior to a hearing date, in lieu of appearing on a hearing date.

(Conclusion of a Hearing)

Article 21(1)If all or some of the officers or personnel, or members, or agents of the organization fail to appear on a hearing date without legitimate grounds and fail to submit the written statement or documentary evidence, etc. prescribed in paragraph (3) of the preceding Article, the designated member, etc. may conclude the hearing without giving those persons further opportunity to state opinions or submit documentary evidence, etc.

(2)Beyond what is provided for in the preceding paragraph, if all or some of the officers or personnel, or members, or agents of the organization fail to appear on a hearing date and fail to submit the written statement or documentary evidence, etc. prescribed in paragraph (3) of the preceding Article, and there is little prospect of them appearing on a hearing date for a reasonable period of time, the designated member, etc. may request them to submit a written statement and documentary evidence, etc. within a certain time limit, and may conclude the hearing upon the arrival of the time limit.

(Decisions Made by the Public Security Examination Commission)

Article 22(1)The Public Security Examination Commission must make a decision according to the following categories, after having examined the written request for a disposition and the documentary evidence, etc. submitted by the Director-General of the Public Security Intelligence Agency, and the opinions of the organization, and the documentary evidence, etc. submitted by the organization:

(i)a decision to dismiss the request for a disposition without prejudice when the request is unlawful;

(ii)a decision to dismiss the request for a disposition with prejudice when there is no ground for the request or

(iii)a decision to implement the requested disposition when there is ground for the request.

(2)The Public Security Examination Commission must endeavor to make a decision on a case related to a request for a disposition within thirty days from the date of public notice under Article 17, paragraph (2).

(Decision-Making Procedures)

Article 23The decision prescribed in paragraph (1) of the preceding Article must be made in writing, and accompanied by a statement of the reason, and it must bear the signatures and seals of the chairperson and members of the Commission who took part in the decision-making process.

(Notice and Public Notice of the Decisions)

Article 24(1)The notice of decision referred to in Article 22, paragraph (1), must be given to the Director-General of the Public Security Intelligence Agency and the organization .

(2)The notice referred to in the preceding paragraph is given by sending a certified copy of the written decision to the Director-General of the Public Security Intelligence Agency and the organization; provided, however, that a certified copy of the written decision may be sent to an agent for the organization, if the organization has an agent.

(3)The decision referred to in Article 22, paragraph (1) must be given to the public in the official gazette.

(4)When the Director-General of the Public Security Intelligence Agency has received the notice referred to in paragraph (1), the Director-General is to promptly notify the Commissioner General of the National Police Agency of the content of the report in writing.

(Time When Decisions Become Effective)

Article 25The decision referred to in Article 22, paragraph (1) becomes effective at the time prescribed in each of the following items according to the category of a decision set forth in the relevant item:

(i)the decision to dismiss the request for a disposition with or without prejudice:when a certified copy of the written decision is sent to the Director-General of the Public Security Intelligence Agency; or

(ii)the decision to implement a disposition:when the decision is given to the public in the official gazette pursuant to the provisions of paragraph (3) of the preceding Article.

(Procedures for Renewal of the Period of a Surveillance Disposition)

Article 26(1)When requesting a disposition referred to in the second sentence of Article 12, paragraph (1), the Director-General of the Public Security Intelligence Agency must submit a written request detailing the facts which constitute reasons for renewal and any other matters prescribed by the Rules of the Public Security Examination Commission (hereinafter referred to as a "written request for renewal" in this Article) to the Public Security Examination Commission.

(2)A written request for renewal must be accompanied by documentary evidence, etc. proving the fact which constitutes reasons for renewal.

(3)When the Public Security Examination Commission has received a request prescribed in paragraph (1), the Commission must grant the organization an opportunity to state its opinion.In this case, the organization is to state its opinion by submitting a written statement and documentary evidence, etc.

(4)The Public Security Examination Commission must notify the organization of the following matters at least seven days before the time limit for submitting a written statement referred to in the preceding paragraph:

(i)the content of the disposition to be renewed and the provisions of laws and regulations which serve as the grounds for the renewal;

(ii)the fact which constitutes reasons for renewal; and

(iii)the place and time limit for submitting a written statement.

(5)The provisions of Article 17, paragraph (2) and paragraph (3), and Article 18 apply mutatis mutandis to the statement of opinion on the renewal of the period of a surveillance disposition.In this case, the phrases "the preceding paragraph" in Article 17, paragraph (2) and "paragraph (1) of the preceding Article" in Article 18, paragraph (1) are deemed to be replaced with "Article 26, paragraph (4)," and the phrase "the second sentence of paragraph (2) of the same Article" in the same paragraph is deemed to be replaced with "the second sentence of Article 17, paragraph (2) as applied mutatis mutandis pursuant to Article 26, paragraph (5)."

(6)The provisions of Article 22, paragraph (1), and Article 23 through the preceding Article apply mutatis mutandis to a decision by the Public Security Examination Commission to renew the period of a surveillance disposition.In this case, the phrases "decision referred to in paragraph (1) of the preceding Article" in Article 23 and "decision referred to in Article 22, paragraph (1)" in Article 24, paragraph (1) and paragraph (3), and Article 25 are deemed to be replaced with "decision referred to in Article 22, paragraph (1) as applied mutatis mutandis pursuant to Article 26, paragraph (6)."

(Procedures for Revocation of a Disposition)

Article 27(1)The provisions of Article 23 and Article 24 apply mutatis mutandis to a decision to revoke a disposition.In this case, the phrases "decision referred to in paragraph (1) of the preceding Article" in Article 23 and "decision referred to in Article 22, paragraph (1)" in Article 24, paragraph (1) and paragraph (3) are deemed to be replaced with "decision to revoke a disposition."

(2)A decision to revoke a disposition becomes effective when it is given to the public in the official gazette pursuant to the provisions of Article 24, paragraph (3) as applied mutatis mutandis pursuant to the preceding paragraph.

(Detailed Regulations on Procedures for a Disposition)

Article 28Beyond what is provided for provisions in this Chapter, detailed regulations on the procedures of the Public Security Examination Commission are to be prescribed in the Rule of the Public Security Examination Commission.

Chapter IV Investigations

(Public Security Intelligence Officers' Authority to Investigate)

Article 29A public security intelligence officer may conduct necessary investigations (including investigations under Article 7, paragraph (1); the same applies in the following Article) with regard to the controls under this Act, within the criteria prescribed in Article 3.

Article 30Beyond what is provided for in the preceding Article, the provisions of Articles 28 through 34 of the Subversive Activities Prevention Act apply mutatis mutandis to investigations by a public security intelligence officer related to the control of organizations prescribed in this Act.

Chapter V Miscellaneous Provisions

(Report to the Diet)

Article 31The Government must report to the Diet once a year on the status of the enforcement of this Act.

(Provision of the Results of Investigation)

Article 32When the Director-General of the Public Security Intelligence Agency has received a request from the head of the relevant prefecture or municipality (including special wards), the Director-General may provide the person making the request with the results of investigation based on a disposition prescribed in Article 5, excluding any matters found likely to harm an individual's privacy or damage public security.

(Exclusion from Application of the Administrative Procedure Act)

Article 33The provisions of Chapter III of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to the dispositions implemented by the Public Security Examination Commission based on the provisions of this Act.

(Restriction on Appeals)

Article 34The request for appeal under the Administrative Complaint Review Act (Act No. 160 of 1962) may not be filed with regard to the disposition implemented by the Public Security Examination Commission based on the provisions of this Act.

(Action for the Revocation of a Disposition)

Article 35An unincorporated association or foundation, which has become subject to a decision prescribed in Article 22, paragraph (1), item (iii) (including as applied mutatis mutandis pursuant to Article 26, paragraph (6)) may file an action demanding the revocation of a disposition in its name.

(Public Notice of Judicial Decisions)

Article 36When a court revokes all or a part of the decision made by the Public Security Examination Commission to implement a disposition prescribed in Article 5, paragraph (1) or Article 8 (including cases where the court revokes a decision to renew a surveillance disposition under Article 5, paragraph (4)), the Director-General of the Public Security Intelligence Agency must notify the public of the judicial decision in the official gazette.

(Detailed Regulations for Enforcement of this Act)

Article 37(1)Unless otherwise specifically provided for in this Act, procedures for the implementation of this Act and other detailed regulations necessary for its enforcement are to be prescribed by Order of the Ministry of Justice.

(2)The necessary matters for implementing the functions under the authority of the Commissioner General of the National Police Agency pursuant to Article 12, paragraph (2) and paragraph (3) and Article 14, paragraph (1), paragraph (2), and paragraph (5) are to be prescribed in the Rules of the National Public Safety Commission.

Chapter VI Penal Provisions

(Crime of Violation of Prohibited Acts by Officers or Personnel, or Members)

Article 38A person who violates Article 9 is punished by imprisonment for not more than two years or a fine of not more than one million yen.

(Crime of Refusal of On-Site Inspection)

Article 39A person who refuses, obstructs, or evades the on-site inspection under Article 7, paragraph (2) or Article 14 paragraph (2) is punished by imprisonment for not more than one year or a fine of not more than five hundred thousand yen.

(Crime of Damage to a Notification)

Article 40A person who violates Article 11, paragraph (3) is punished by a fine of not more than five hundred thousand yen.

(Crime of Violation of Orders to Leave)

Article 41A person who violates an order under Article 19, paragraph (3) is punished by a fine of not more than three hundred thousand yen.

(Crime of Abuse of Authority Committed by Public Security Intelligence Officers)

Article 42When a public security intelligence officer abuses the authority prescribed in this Act and has another person perform an act which the person has no obligation to perform, or obstructs another person from exercising the right, the officer is punished by imprisonment or imprisonment without work for not more than three years.

(Crime of Abuse of Authority Committed by Police Officer)

Article 43When a police official abuses the authority prescribed in this Act and has another person perform an act which the person has no obligation to perform, or obstructs another person from exercising the right, the officer is punished by imprisonment or imprisonment without work for not more than three years.

Supplementary Provisions[Extract]

(Effective Date)

(1)This Act comes into effect on the day on which twenty days have elapsed from the date of promulgation.

(Review)

(2)Every five years after the date on which this Act comes into effect, the status of enforcement of this Act is examined, and review of the Act is to be made with the possibility of repeal based on the results.