Regulations for Import Trade Control(Order of the Ministry of International Trade and Industry No. 77 of 1949)
Last Version: Order of the Ministry of Economy, Trade and Industry No. 92 of 2020
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History
  • March 3, 2023
    • Last Version: Order of the Ministry of Economy, Trade and Industry No. 92 of 2020
    • Translated Date: February 28, 2022
    • Dictionary Version: 14.0

Regulations for Import Trade Control
Order of the Ministry of International Trade and Industry No. 77 of December 29, 1949
Regulations for the Control of Import Trade and Trade-Related Payment are established as follows for the purpose of implementing the provisions of the Foreign Exchange and Foreign Trade Control Act (Act No. 228 of 1949) and the Order for the Control of Import Trade and External Payment (Cabinet Order No. 414 of 1949).
(Manner of Announcement)
Article 1Announcements by the Minister of Economy, Trade and Industry as prescribed in the provisions of Article 3, paragraph (1) of the Import Trade Control Order (hereinafter referred to as the "Order") are made by publication in the Official Gazette, Official Bulletin of Ministry of Economy, Trade and Industry, and Trade publicity.
(Procedures for Applying for Approval, etc.)
Article 2(1)A person set forth in the following items who intends to import goods must submit a written application following the form prescribed in the corresponding item to the Minister of Economy, Trade and Industry (to the director-general of customs in the cases listed in item (i) (d) and item (ii) concerning an extension in relation to the provisions of Article 18, item (ii) of the Order,).
(i)A person listed in (a) to (d) below who intends to receive approval for imports: The written application prescribed in the corresponding sub-item.
(a)A person who intends to receive approval for imports set forth in the provisions of Article 4, paragraph (1) of the Order: Two sets of the written application for import following the form prescribed in Appended Table 1;
(b)A person who intends to obtain an import quota pursuant to the provisions of Article 9, paragraph (1) of the Order and to submit an application specified in (a): Two sets of the written application for import following the form prescribed in Appended Table 1 and the import quote certificate specified in item (iii) of the following paragraph (provided, however, that when seeking to obtain import approval for a part of the quota quantity (in the case specified in the proviso of Article 9, paragraph (2) of the Order, the quota amount; the same applies hereinafter) (if there is a part of the quota quantity that has not been approved for import, excluding the case where the intention is to obtain import approval for all of that part), the import quota certificate is to be presented and a copy is to be submitted).
(c)A person who intends to obtain import quota pursuant to the provisions of Article 9, paragraph (1) of the Order and obtain import approval pursuant to the provisions of Article 4, paragraph (1) of the Order in accordance with the quota (excluding approval for import of goods set forth in a public notice of the Minister of Economy, Trade and Industry): Two sets of the written application for import and quota following the form prescribed in Appended Table 1;
(d)A person who intends to import goods specified in the provisions of Article 5: Two sets of the written application for import following the form prescribed in Appended Table 1 (a person who intends to apply for an import quota set forth in the provisions of Article 9, paragraph (1) of the Order must attach the import quota certificate set forth in item (iii) of the following paragraph (provided, however, when seeking to obtain import approval for a part of the quota quantity (if there is a part of the quota quantity that has not been approved for import, excluding when seeking to obtain import approval for all of that part), the import quota certificate is to be presented and a copy is to be submitted)).
(ii)A person who intends to extend the validity period pursuant to the provisions of Article 5, paragraph (2) of the Order: The import approval certificate and a statement indicating the reasons therefor.
(iii)A person who intends to obtain an import quota pursuant to the provisions of Article 9, paragraph (1) of the Order: Three sets of the written application for import quota following the form prescribed in Appended Table 1 (in cases otherwise specified by the Minister of Economy, Trade and Industry, two sets).
(iv)A person who intends to obtain confirmation pursuant to the provisions of the proviso in Article 9, paragraph (1) of the Order: A statement indicating the reasons in three sets of written application for import approval following the form prescribed in Appended Table 1, a therefor, a document certifying acquisition of the entrustment, the import quota certificate relating to the entrustment, and one set of copies.
(2)In the cases set forth in the following items, the Minister of Economy, Trade and Industry (in those set forth in item (i)(d) and item (ii) of the preceding paragraph, the director-general of customs with respect to extensions relating to the provisions of Article 18, item (ii) of the Order) is to deliver the documents set forth in the respective item to the applicant.
(i)When approval is granted concerning the applications set forth in (a) and (b) below:
(a)When approval is granted concerning an application set forth in item (i)(a), (b), and (d) of the preceding paragraph, one copy of the application form as an import approval certificate; and
(b)When a quota and approval are granted for an application set forth in item (i)(c) of the preceding paragraph, one copy of the application form as an import quota certificate and import approval certificate.
(ii)When an extension is granted concerning an application set forth in item (ii) of the preceding paragraph: The import approval certificate indicating that an extension was granted.
(iii)When a quota is made concerning an application set forth in item (iii) of the preceding paragraph: One set of application forms as the import quota certificate.
(iv)When confirmation is made concerning an application set forth in item (iv) of the preceding paragraph: Two sets of application forms as the entrusted import confirmation certificate.
(3)If a person who received import approval pursuant to the provisions of Article 4, paragraph (1) of the Order no longer needs the import approval certificate or if the import of goods is not performed by the expiration date of the validity period, the Minister of Economy, Trade and Industry may require the person to submit the relevant import approval certificate.
(4)The import quota certificate set forth in paragraph (2), item (iii) will cease to be effective if an import approval application is not submitted pursuant to paragraph (1), item (i)(b) or (d) or the matters to be specified in the import approval application form pursuant to paragraph (1), item (i)(b) of the following Article are not input through an input-output device (limited to devices used in relation to an application listed in each item of paragraph (1) of the following Article that conform to the standards as publicly notified by the Minister of Economy, Trade and Industry; hereinafter referred to as the "specified input-output device"), with regard to the goods for which the certificate was issued, within four months from the day of issuance of the certificate (if the Minister of Economy, Trade and Industry specifies a different period, then that period),; provided, however, that this does not apply when the Minister of Economy, Trade and Industry finds it to be particularly necessary and extends the period.
(5)If a person who has been issued an import quota certificate set forth in paragraph (2), item (iii) no longer wishes to import all or some of the goods for which the certificate was issued, without delay, the person must state on the import quota certificate the quantity of the quota that is no longer wanted and return the certificate to the Minister of Economy, Trade and Industry.
(Procedures for Applying for Approval Using an Electronic Data Processing System)
Article 2-2(1)Notwithstanding the provisions of paragraph (1) of the preceding Article, when filing an application using an electronic data processing system (which means an electronic data processing system prescribed in Article 2, item (I) of the Act on the Utilization of Electronic Data Processing System for the Processing and Other Handling of Import- and Export-Related Business (Act No. 54 of 1977) that is deemed to be the relevant electronic data processing system pursuant to the provisions of Article 3, paragraph (1) of the same Act; the same applies in the following Article) as prescribed in Article 6, paragraph (1) of the Act on the Promotion of Information and Communications Technology in Administrative Procedures (Act No. 151 of 2002), a person listed in any of the following items must enter the matters to be specified in an application form listed in the respective item through a specified input-output device used by an applicant listed in the respective item:
(i)A person who intends to receive import approval listed in (a) to (c) below (excluding approval for the import of goods set forth in Article 5): The respective matters listed in (a) to (c);
(a)a person who intends to obtain import approval pursuant to the provisions of Article 4, paragraph (1), item (ii) of the Order (excluding approval relating to import of goods for which all regions of a country are designated as the country (region) of origin or place of shipment): matters to be specified in the import approval application form available from files on computers used by Nippon Automated Cargo and Port Consolidated System, Inc. (including input-output devices; hereinafter referred to as "Special-Purpose Computer");
(b)a person who intends to obtain import approval pursuant to the provisions of Article 4, paragraph (1), item (ii) of the Order (limited to approval relating to import of goods for which all regions of a country are designated as the country (region) of origin or place of shipment) and intends to obtain an import quota pursuant to the provisions of Article 9, paragraph (1) of the Order and obtain approval pursuant to the provisions of Article 4, paragraph (1) of the Order: matters to be specified in the import approval application form available from files on a special-purpose computer;
(c)a person who intends to obtain an import quota pursuant to the provisions of Article 9, paragraph (1) of the Order and obtain import approval pursuant to the provisions of Article 4, paragraph (1) of the Order in accordance with the quota (excluding approval for import of goods set forth in a public notice of the Minister of Economy, Trade and Industry pursuant to the provisions of paragraph (1), item (1)(c) of the preceding Article): matters to be specified in the import approval and quota application form available from files on a special-purpose computer;
(ii)a person who intends to extend the validity period pursuant to the provisions of Article 5, paragraph (2) of the Order (excluding extensions pursuant to the provisions of Article 18, item (ii) of the Order): matters to be specified in an application form for correction of import approval available from a file stored on a special-purpose computer.
(iii)a person who intends to obtain an import quota pursuant to the provisions of Article 9, paragraph (1) of the Order: the matters to be specified in the import quota application form available from a file stored on a special-purpose computer;
(iv)a person who intends to obtain confirmation pursuant to the provisions of the proviso of Article 9, paragraph (1) of the Order: matters to be specified in an import approval application form available from a file stored on a special-purpose computer.
(2)In filing an application set forth in item (iv) of the preceding paragraph, the reasons or documents specifying the reasons and information confirming the entrustment or documents evidencing those facts must be entered through a specified input-output device and recorded in a file stored on a special-purpose computer or submitted to the Minister of Economy, Trade and Industry.
(3)When a person who filed an application as prescribed in paragraph (1), item (iv) has entered information in accordance with the preceding paragraph, to the extent necessary, the Minister of Economy, Trade and Industry may request the applicant to submit a document supporting the facts related to the information during the period from the date on which the applicant filed the application to the date on which the applicant is notified either in the affirmative or negative of the result of the application.
(4)Having given the approval, quota, or confirmation for which a person applied as referred to in each item of paragraph (1), the Minister of Economy, Trade and Industry is to record the particulars to be specified in an import approval certificate or import quota certificate following the form prescribed in Appended Table 2 in a file stored on a special-purpose computer.
(5)Notwithstanding the provisions of the preceding paragraph, having granted the approval, quota, or confirmation for which a person has applied as referred to in each item of paragraph (1), the Minister of Economy, Trade and Industry is to make a notation indicating this in an import approval certificate or import quota certificate following the form prescribed in Appended Table 2 and deliver it to the applicant, if the applicant so requests.
(6)A quota relating to an application set forth in paragraph (1), item (iii) is to cease to be effective if the matters to be specified in the import approval application form pursuant to paragraph (1), item (i)(b) are not input through a specified input-output device or an import approval application is not submitted pursuant to paragraph (1), item (i)(b) or (d) of the preceding Article with respect to the goods for which the certificate was issued, within four months from the day of recordation or the day of issuance of the certificate (if the Minister of Economy, Trade and Industry specifies a different period, then that period); provided, however, that this does not apply when the Minister of Economy, Trade and Industry finds it to be particularly necessary and extends the period.
(7)If a person who has been issued an import quota certificate set forth in paragraph (1), item (iii) no longer wishes to import all or some of the goods for which the record was made, without delay, the person must make a statement to that effect and specify in writing the quantity of the quota that is no longer wanted and submit the document to the Minister of Economy, Trade and Industry.
(Applicant's Notification)
Article 2-3(1)An applicant who enters information as prescribed in paragraph (1) of the preceding Article must be a person who has made a notification in advance by submitting an applicant notification following the form prescribed in Appended Table 3 and a document supporting the relevant facts.
(2)When there are any changes to the matters notified or when the applicant plans to stop using an electronic data processing system (which means an electronic data processing system connecting a special-purpose computer and a specified input-output device through a telecommunication line; the same applies in the following paragraph), a person who made a notification in accordance with the preceding paragraph must make a statement to that effect in an applicant notification form following the form prescribed in Appended Table 3 and promptly notify the Minister of Economy, Trade and Industry.
(3)When deeming it inappropriate for a person who has made a notification in accordance with paragraph (1) to continue to use an electronic data processing system, the Minister of Economy, Trade and Industry may suspend the person's use of the electronic data processing system.
(4)A notification submitted pursuant to the provisions of Article 1-3, paragraph (1) of the Regulations for Export Trade Control (Order of the Ministry of International Trade and Industry No. 64 of 1949) or a notification submitted pursuant to the provisions of Article 1-3, paragraph (1) of the Ministerial Order on Invisible Trade Connected with Visible Trade (Order of the Ministry of International Trade and Industry No. 8 of 1998) is deemed to be a notification submitted pursuant to the provisions of paragraph (1).
(Procedures for Applying for Special Approval)
Article 2-4Notwithstanding the provisions of this Ministerial Order, when deeming it necessary, the Minister of Economy, Trade and Industry may provide a special procedure for the procedures set forth in the following items:
(i)a procedure for obtaining approval from the Minister of Economy, Trade and Industry pursuant to the provisions of Article 4, paragraph (1) of the Order;
(ii)a procedure for obtaining a quota from the Minister of Economy, Trade and Industry pursuant to the provisions of Article 9, paragraph (1) of the Order;
(iii)a procedure for making a notification to the Minister of Economy, Trade and Industry pursuant to the provisions of Article 2-3.
Article 3Imports conducted pursuant to the Order of the Ministry of Economy, Trade and Industry set forth in Article 4, paragraph (3) of the Order are to comply with the following:
(i)that imports are conducted within one year from the day that approval is received pursuant to the provisions of Article 2, paragraph (1), item (ii) of the Cabinet Order on Export Trade Control (Cabinet Order No. 378 of 1949) for the export of goods pursuant to the relevant contract for processing deal trade;
(ii)that the imported goods are not articles designated by the Minister of Economy, Trade and Industry or from a place of shipment designated by the Minister of Economy, Trade and Industry.
(Information from Customs to the Minister of Economy, Trade and Industry)
Article 4In accordance with the provisions of Article 15, paragraph (2) of the Order, Customs is to promptly provide notice to the Minister of Economy, Trade and Industry of the matters specified in the following items regarding goods set forth in a public notice of the Minister of Economy, Trade and Industry; provided, however, that if the Minister of Economy, Trade and Industry deems notice of the matters set forth in the following items to be unnecessary, notice of the items deemed to be unnecessary may be omitted.
(i)name and address of the importers of the goods;
(ii)name of the shipper of the goods;
(iii)place of origin and the place of shipment of the goods;
(iv)name or registration number of the ship or airplane on which the goods were loaded;
(v)name, quantity and price of the goods;
(vi)any terms and conditions of the contract which may affect determination of the price set forth in the preceding item;
(vii)type of currency representing the charges for the goods; and
(viii)in addition to the matters listed in the preceding items, matters publicized by the Minister of Economy, Trade and Industry.
(Delegation of Authority)
Article 5The scope of goods set forth in Article 18, paragraph (1) of the Order is to be goods that are free of charge and within the scope prescribed by the Minister of Economy, Trade and Industry.
(Notice of Sanctions for Violation of Laws and Regulations)
Article 6When having made dispositions under Article 53 of the Act, the Minister of Economy, Trade and Industry is to notify Customs to that effect without delay.