Article 1The purpose of this Act is to take measures to regulate the export, import, transportation and disposal of specified hazardous and other wastes in order to ensure accurate and smooth implementation of "the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal" (hereinafter referred to as "the Convention") and other agreements, by which to contribute to the protection of human health and the sound living environment.

Article 2(1)In this Act, "specified hazardous and other wastes" means the following wastes (excluding the wastes specified by Cabinet Order and generated in association with the operations of vessels, and radioactive materials and the materials contaminated by such radioactive materials):

(2)In this Act, "movement document" means the movement document set forth in Article 4, paragraph 7 (c) of the Convention, which describes the matters listed in Annex VB of the Convention, or an equivalent document specified in agreements, understandings, and commitments other than the Convention.

(3)The Minister of the Environment must consult the Minister of Economy, Trade and Industry when the Minister of the Environment intends to enact a Ministry of the Environment order set forth in paragraph (1), item (i), (a), (d) and (e),.

Article 3The Minister of Economy, Trade and Industry and the Minister of the Environment are to specify and make public the following matters in order to ensure the accurate and smooth implementation of the Convention and agreements, understandings, and commitments other than the Convention (hereinafter referred to as "the Convention, agreements, understandings, and commitments"). The same applies when such matters have been amended:

Article 4(1)Any person who intends to export specified hazardous and other wastes is to be obliged to obtain an export approval pursuant to the provision of Article 48, paragraph (3) of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949).

(2)When an application for the export approval set forth in the preceding paragraph is made for specified hazardous and other wastes that are specified by the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, as specified hazardous and other wastes for which it is particularly necessary to prevent air pollution, water contamination and other environmental pollution (hereinafter simply referred to as "environmental pollution") that is likely to occur in association with the disposal of specified hazardous and other wastes pertaining to the export, with the region of their destination specified by the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, the Minister of Economy, Trade and Industry is to send a copy of the written application to the Minister of the Environment.

(3)The Minister of the Environment is to confirm whether necessary measures to prevent environmental pollution prescribed by the Order of the Ministry of the Environment are taken in regard to the disposal of specified hazardous and other wastes pertaining to the written application and notify the Minister of Economy, Trade and Industry of the confirmation result when the written application is sent to the Minister pursuant to the provision of the preceding paragraph.

(4)The Minister of Economy, Trade and Industry must not approve the export set forth in paragraph (1) until the Minister receives notification from the Minister of the Environment that necessary measures to prevent environmental pollution are taken pursuant to the provision of the preceding paragraph.

Article 5(1)The Minister of Economy, Trade and Industry must promptly issue a movement document pertaining to specified hazardous and other wastes (hereinafter referred to as "export movement document") to the person who has been granted the export approval when the Minister has approved the export set forth in paragraph (1) of the preceding Article.

(2)The Minister of Economy, Trade and Industry is to send a copy of the export movement document to the Minister of the Environment when the former Minister has issued an export movement document pursuant to the provision of the preceding paragraph.

(3)Any person to whom an export movement document has been issued pursuant to the provision of paragraph (1) must notify the Minister of Economy, Trade and Industry to that effect without delay as provided in the Ministry of Economy, Trade and Industry order when the export movement document has been rendered unusable or lost. In this case, the person who has obtained the export movement document may apply to the Minister of Economy, Trade and Industry to have the export movement document reissued as provided in the Ministry of Economy, Trade and Industry order.

(4)A person, to whom an export movement document was issued pursuant to the provision of paragraph (1) and was then reissued pursuant to the provision of the second sentence of the preceding paragraph, and when the lost export movement document has since been recovered, must send a notification.

(2)Any person who implements transportation by carrying an export movement document pursuant to the provision of the preceding paragraph must enter the matters specified by the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, including the date of receiving the exported specified hazardous and other wastes, and sign the export movement document in question.

(3)When exported specified hazardous and other wastes are transported, the transportation must be implemented in accordance with the contents of the export movement document pertaining to such exported specified hazardous and other wastes; provided, however, that this does not apply if an order is issued in regard to the transportation of the exported specified hazardous and other wastes pursuant to the provision of Article 17, paragraph (1) or the provisions specified by the Cabinet Order of the act that is specified by the Cabinet Order set forth in the proviso of the same paragraph.

Article 7Any person to whom an export movement document has been issued pursuant to the provision of Article 5, paragraph (1) must send a notification to the Minister of Economy, Trade and Industry and the Minister of the Environment to that effect without delay as provided in the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, with the export movement document attached in the following cases:

Article 8(1)Any person who intends to import specified hazardous and other wastes is to be obliged to obtain an import approval pursuant to the provision of Article 52 of the Foreign Exchange and Foreign Trade Act; provided, however, that this does not apply if a person certified under Article 14, paragraph (1) intends to import specified hazardous and other wastes to be used by a person certified under Article 15, paragraph (1) for the purpose of carrying out disposal operations set forth in Annex IV B of the Convention in relation to the certification under the same paragraph (hereinafter referred to as "recycling activities").

(2)The Minister of the Environment may request explanations as needed from and state opinions to the Minister of Economy, Trade and Industry in advance before the Minister of Economy, Trade and Industry approves the export set forth in the preceding paragraph when the Minister finds it necessary to prevent environmental pollution.

Article 9(1)When the Minister of Economy, Trade and Industry has approved the import set forth in paragraph (1) of the preceding Article and received a movement document pertaining to specified hazardous and other wastes from the person who has been granted the import approval, the Minister must, after confirming that such a movement document is consistent with the details of the notification pursuant to the provision of Article 6, paragraph 1 of the Convention (including conditions if an agreement is made with conditions pursuant to the provision of paragraph 2 or 4 of the same Article), promptly issue a document certifying to that effect (hereinafter referred to as an "import movement document").

(2)When any person to whom an import movement document has been issued pursuant to the provision of paragraph (1) or specified hazardous and other wastes have been transferred pursuant to the provision of Article 11 (hereinafter referred to as "person to whom an import movement document has been issued, transferred, or delivered") has rendered unusable or lost the import movement document, the person must notify the Minister of Economy, Trade and Industry without delay as provided in the Ministry of Economy, Trade and Industry order. In this case, the person to whom an import movement document has been issued, transferred, or delivered may apply to the Minister of Economy, Trade and Industry to have the import movement document reissued as provided in the Ministry of Economy, Trade and Industry order.

(3)Any person to whom an import movement document has been issued, transferred, or delivered must send a notification to the Minister of Economy, Trade and Industry to that effect without delay, with the recovered import movement document attached, as provided in the Ministry of Economy, Trade and Industry order when the lost import movement document has been recovered in the case in which the import movement document has been reissued pursuant to the provision of the second sentence of the preceding paragraph.

(4)The provisions of Article 5, paragraphs (2) and (5) apply mutatis mutandis to an import movement document. In this case, the term "the preceding paragraph" in paragraph (2) of the same Article is to be deemed replaced with "Article 9, paragraph (1)."

Article 10(1)When any person transports or disposes of specified hazardous and other wastes for which an import movement document has been issued pursuant to the provision of paragraph (1) of the preceding Article (hereinafter referred to as "imported specified hazardous and other wastes"), the person must carry such an import movement document

(2)Any person who implements transportation or disposal while carrying an import movement document pursuant to the provision of the preceding paragraph must enter the matters specified by the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, including the date of receiving imported specified hazardous and other wastes, and sign the import movement document in question.

(3)When imported specified hazardous and other wastes are transported or disposed of, the transportation or disposal must be implemented in accordance with the contents of the import movement document pertaining to such imported specified hazardous and other wastes. However, this does not apply in the following cases:

(4)Any person to whom an import movement document has been issued, transferred, or delivered must notify the Minister of Economy, Trade and Industry to that effect without delay as provided in the Ministry of Economy, Trade and Industry order and have the import movement document amended when having implemented the transportation in a manner different from the contents of the import movement document in the case of transportation pursuant to the provision specified in item (i) of the preceding paragraph or in accordance with an order specified in item (ii) of the same paragraph.

(5)The Minister of Economy, Trade and Industry is to, when the Minister has amended an import movement document pursuant to the provision of the preceding paragraph, notify the Minister of the Environment thereof.

Article 11Transferring or receiving, or delivering or receiving the delivery of imported specified hazardous and other wastes must be accompanied by the import movement document pertaining to such imported specified hazardous and other wastes.

Article 12(1)Any person to whom an import movement document has been issued, transferred, or delivered must send a notification of the fact to the Minister of Economy, Trade and Industry and the Minister of the Environment without delay as provided in the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order with the import movement document, in the following cases:

(2)In regard to the application of the provision of the preceding paragraph when imported specified hazardous and other wastes pertaining to the import movement document fall under Article 2, paragraph (1) of the Waste Disposal and Public Cleansing Act (simply referred to as "wastes" in Article 17, paragraph (2)), the term "the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order" in the same paragraph is to be deemed replaced with "the Ministry of the Environment order", and the term "the Minister of Economy, Trade and Industry and the Minister of the Environment" in the same paragraph is to be deemed replaced with "the Minister of the Environment".

Article 13Any person who implements disposal pertaining to an import movement document must, when having received the delivery of imported specified hazardous and other wastes and disposed of imported specified hazardous and other wastes in accordance with the contents of the import movement document in question, notify the following persons thereof without delay as provided in the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order:

Article 14(1)Any person who intends to import specified hazardous and other wastes may be certified by the Minister of Economy, Trade and Industry and the Minister of the Environment, pursuant to the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, for compliance with every item in the following:

(2)Any person applying for a certification under the preceding paragraph must submit, pursuant to the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, an application form containing the particulars set forth in the following and other documents prescribed by the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, to the Minister of Economy, Trade and Industry and the Minister of the Environment:

(3)The Minister of Economy, Trade and Industry and the Minister of the Environment are to grant the certification under paragraph (1) when the Minister finds that the person intending to be certified under that paragraph complies every item of that paragraph.

(4)If the certification under paragraph (1) is not renewed at each period prescribed by Cabinet Order, which does not exceed five years, it ceases to be effective after such a period expires.

(5)If the person certified under paragraph (1) intends to change the particulars set forth in each item of paragraph (2), the person must be certified by the Minister of Economy, Trade and Industry and the Minister of the Environment pursuant to the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order; provided, however, that this does not apply if such changes are minor changes prescribed by the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order.

(6)The provision of paragraph (3) applies mutatis mutandis to the renewal of the certification under paragraph (4) and the certification under the preceding paragraph. In this case, the term "every item of the paragraph" in paragraph (3) is deemed to be replaced with "every item in paragraph (1)".

(7)When the person certified under paragraph (1) makes a minor change pursuant to the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order under the proviso of paragraph (5), the person must notify the Minister of Economy, Trade and Industry and the Minister of the Environment to that effect, pursuant to the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order without delay.

(8)When the Minister of Economy, Trade and Industry and the Minister of the Environment find that the person certified under paragraph (1) no longer complies with any of the items of that paragraph, or has violated the provisions of paragraph (5) or of the preceding paragraph, the Minister may withdraw such certification.

(9)In addition to those prescribed in each of the preceding paragraphs, any particulars required for certification under paragraphs (1) and (5) as well as renewal of the certification under paragraph (4) are prescribed by Cabinet Order.

Article 15(1)Any person who intends to perform recycling activities of specified hazardous and other wastes may be certified by the Minister of Economy, Trade and Industry and the Minister of the Environment, pursuant to the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, for compliance with all of the following items:

(2)The person applying for a certification under the preceding paragraph must submit, pursuant to the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, an application form containing the particulars set forth in the following and other documents prescribed by the Ministry of Economy, Trade and Industry and Ministry of the Environment joint order, to the Minister of Economy, Trade and Industry and the Minister of the Environment:

(3)The Minister of Economy, Trade and Industry and the Minister of the Environment are to grant the certification under paragraph (1) when the Minister finds that the person intending to be certified under that paragraph complies every item of that paragraph.

(4)If the certification under paragraph (1) is not renewed at each period prescribed by Cabinet Order, which does not exceed five years, it ceases to be effective after such a period expires.

(5)The provisions of the preceding Article, paragraphs (5) through (8) apply mutatis mutandis to the certification under paragraph (1). In this case, the term "each item of paragraph (2)" in paragraph (5) of the Article is deemed to be replaced with "each item of the following Article, paragraph (2)," the term "of paragraph (3)" in paragraph (6) of the Article with "of paragraph (3) of the following Article," the term "paragraph (4)" with "paragraph (4) of the same Article," and the term "in paragraph (3)" with "in paragraph (3) of the same Article".

(6)In addition to those prescribed in each of the preceding paragraphs, any particulars required for certification under paragraph (1) and paragraph (5) of the preceding Article, as applied mutatis mutandis pursuant to the preceding paragraph, as well as the renewal of certification under paragraph (4), are prescribed by Cabinet Order.

Article 16When a person certified under Article 14, paragraph (1) imports specified hazardous and other wastes for the purpose of using them for recycling activities pertaining to the certification under the preceding Article, paragraph (1), performed by the person certified under the same paragraph, the provisions (including penalties pertaining to such provisions) in Article 9, paragraph (2), first sentence and paragraph (3), and Articles 10 through 13 apply mutatis mutandis. In this case, the terms listed in the middle column of the following table, included in the provision indicated in the left column of the same table, are deemed to be replaced with the terms indicated in the right column of the same table.

Article 17(1)The Minister of Economy, Trade and Industry and the Minister of the Environment may, when it is found particularly necessary in order to prevent damage to human health or the living environment if specified hazardous and other wastes are not properly exported, including the case in which the export of specified hazardous and other wastes or the transportation or disposal in association with the export (hereinafter referred to as "export or associated transportation or disposition of specified hazardous and other wastes" in this paragraph) violates the provisions of this Act or the provisions of the Cabinet Order pursuant to the provision of Article 48, paragraph (3) of the Foreign Exchange and Foreign Trade Act, issue an order to the person who has exported such specified hazardous and other wastes or transports exported specified hazardous and other wastes or the discharger thereof (referring to the person who has discharged such specified hazardous and other wastes, and in the case such a person is not clear, the person who has owned or managed specified hazardous and other wastes; hereinafter the same applies), to whom the export or associated transportation or disposition of specified hazardous and other wastes not being properly implemented is attributable, to take necessary measures, including measures for recovering or properly disposing of such specified hazardous and other wastes. However, this does not apply if the provisions specified by the Cabinet Order set forth in the acts that are specified by the Cabinet Order to ensure the proper implementation of export or associated transportation or disposition of such specified hazardous and other wastes apply.

(2)The Minister of Economy, Trade and Industry and the Minister of the Environment may, when it is found particularly necessary in order to prevent damage to human health or the living environment if specified hazardous and other wastes are not properly imported, including the case in which the import, transportation or disposal of specified hazardous and other wastes (excluding those that fall under wastes; hereinafter the same applies in paragraph (2) of the following Article and Article 19, paragraph (2)) (hereinafter referred to as "import or associated transportation or disposition of specified hazardous and other wastes" in this paragraph) violates the provisions of this Act or the provisions of the Cabinet Order pursuant to the provision of Article 52 of the Foreign Exchange and Foreign Trade Act, issue an order to the person who has imported such specified hazardous and other wastes or the person who transports or disposes of imported specified hazardous and other wastes to take necessary measures, including proper disposal of specified hazardous and other wastes. However, this does not apply if the provisions specified by the Cabinet Order set forth in the acts that are specified by the Cabinet Order to ensure the proper implementation of import or associated transportation or disposition of specified hazardous and other wastes apply.

Article 18(1)Within the limit necessary to effectuate this Act, the Minister of Economy, Trade and Industry and the Minister of the Environment may have the person who has exported specified hazardous and other wastes, the person who transports exported specified hazardous and other wastes or the discharger thereof report on their operation.

(2)The Minister of Economy, Trade and Industry and the Minister of the Environment may, within the limit necessary to effectuate this Act, have the person who has imported specified hazardous and other wastes, the person who transports or disposes of imported specified hazardous and other wastes or the person certified under Article 14, paragraph (1) or Article 15, paragraph (1), report on their operation.

Article 19(1)The Minister of Economy, Trade and Industry and the Minister of the Environment may, within the limit necessary to effectuate this Act, have the employees enter the place of business, including the office, of the person who has exported specified hazardous and other wastes, the person who transports exported specified hazardous and other wastes or the discharger thereof to inspect books, documents and other articles, ask the persons concerned questions or remove only the minimum amount of specified hazardous and other wastes necessary for inspection.

(2)The Minister of Economy, Trade and Industry and the Minister of the Environment may have the employees enter the place of business, including the office, of the person who has imported specified hazardous and other wastes, the person who transports or disposes of imported specified hazardous and other wastes, or the person certified under Article 14, paragraph (1) or Article 15, paragraph (1), to inspect books, documents and other articles, ask the persons concerned questions or remove only the minimum amount of specified hazardous and other wastes necessary for inspection within the limit necessary to effectuate this Act.

(3)The employees must carry their personal identification card on them and present it to the persons concerned when entering the place of business pursuant to the provisions of the preceding two paragraphs.

(4)The authority for on-site inspection, asking questions and removal of items pursuant to the provision of paragraph (1) or (2) must not be construed to encompass criminal investigations.

Article 20The following persons must pay a fee specified by the Cabinet Order in consideration of the actual cost:

Article 21(1)Any determination on a request for administrative review with respect to an order pursuant to the provisions of Article 17 must be rendered with a reasonable amount of advanced notice given to the requester and after holding a public hearing of opinions by review officers prescribed under Article 11, paragraph (2) of the Administrative Complaint Review Act (Act No. 68 of 2014), except for the cases in which such a request for administrative review is dismissed pursuant to Article 24 of the Act.

(2)For a hearing of opinions set forth in the preceding paragraph, the requester and the interested parties must be given an opportunity to present evidence relating to the case and to state their opinions.

(3)The provision of Article 31 of the Administrative Complaint Review Act does not apply to the request for administrative review prescribed in paragraph (1), and the provisions of paragraphs (2) through (5) of the Article apply mutatis mutandis to the hearing of opinions under that paragraph.

Article 22(1)When an order is introduced, revised or abolished pursuant to the provisions of this Act, necessary transitional measures (including those relating to penal provisions) may be specified in such an order within the scope found reasonably necessary in association with the introduction, revision or abolition.

(2)In addition to the matters set forth in the preceding paragraph, necessary provisions (including transitional measures relating to penal provisions) may be established by Cabinet Order for the matters necessary in association with the implementation of the Convention, agreements, understandings, and commitments, including transitional measures when materials listed in Annex I or Annex II of the Convention or the characteristics or disposal listed in Annex III of the Convention have been amended in accordance with the procedures specified by the Convention.

Article 23(1)The authority of the Minister of Economy, Trade and Industry specified by this Act may be delegated to Director Generals of the Bureau of Economy, Trade and Industry as provided in the Ministry of Economy, Trade and Industry order.

(2)The authority of the Minister of the Environment specified by this Act may be delegated to Director Generals of the Regional Environment Offices as provided in the Ministry of the Environment order.

Article 24Any person who has violated an order pursuant to the provision of Article 17 is punished by imprisonment with labor of not more than three years or a fine of not more than three million yen, or both.

Article 25Any person who falls under any of the following items is punished by imprisonment with labor of not more than six months or a fine of not more than five hundred thousand yen, or both:

Article 26Any person who falls under any of the following items is punished by a fine of not more than five hundred thousand yen:

Article 27When a representative of a corporation, or an agent, employee, or any other worker of a corporation or individual, has committed a violation set forth in the preceding three Articles, not only is the perpetrator punished, but the corporation or the individual principal is also punished by the imposition of fine set forth in the relevant Article.