Article 1The purpose of this Act is to ensure a stable supply of oil in case a shortage of supply in Japan or a shortage of supply in specific areas of the country caused by a disaster in the country occurs by taking measures to stockpile and appropriately distribute this oil, thereby contributing to the stability of the lives of the citizens and the smooth operation of the national economy.

Article 2(1)The term "oil" as used in this Act means crude oil, designated petroleum products, and petroleum gas.

(2)The term "designated petroleum products" as used in this Act means gasoline, kerosene, diesel, and other hydrocarbon-based oils specified by Order of the Ministry of Economy, Trade and Industry.

(3)The term "petroleum gas" as used in this Act means propane, butane, and other hydrocarbon-based gas (including liquefied gas) specified by Order of the Ministry of Economy, Trade and Industry.

(4)The term "specified facilities" as used in this Act means crude oil distillation units (only those that have a processing capacity of more than 150 kiloliters per day calculated on the basis of a criteria specified by Order of the Ministry of Economy, Trade and Industry) and other facilities used for oil refinery that are specified by Order of the Ministry of Economy, Trade and Industry.

(5)The term "oil refinery" as used in this Act means a business that manufactures designated petroleum products using specified facilities (excluding by-products of designated petroleum products generated by technical reasons in the manufacturing process of products other than designated petroleum products), and "oil refiner" means any individual or juridical person operating an oil refinery.

(6)The term "oil retail business" as used in this Act means a business that sells oil (excluding those that have a scale of operation, which is calculated as provided for by Order of the Ministry of Economy, Trade and Industry (with respect to those who engage in the distribution of gasoline under Article 2, paragraph (4) of the Act on the Quality Control of Gasoline and other Fuels (Act No. 88, 1976), the scale of distribution of oil other than gasoline), that is the same or smaller than the one specified by Order of the Ministry of Economy, Trade and Industry. The same applies hereinafter), and "oil distributor" means a person engaged in the distribution of oil (excluding the independent administrative institution, Japan Oil, Gas and Metals National Corporation (hereinafter referred to as "JOGMEC")).

(7)The term "designated oil distributor" as used in this Act means oil distributors (excluding oil refiners) whose annual sales volume of oil is the same or larger than the volume specified by Order of the Ministry of Economy, Trade and Industry and who have the close relationship that is specified by Order of the Ministry of Economy, Trade and Industry with an oil refiner.

(8)The term "oil import business" as used in this Act means a business that imports oil (excluding petroleum gas), and "oil importer" means a person that is registered under Article 16 for conducting an oil import business.

(9)The term "petroleum gas import business" as used in this Act means a business that imports petroleum gas, and "petroleum gas importer" means a person engaged in the import of petroleum gas (excluding JOGMEC).

(10)The term "national oil stockpiling" as used in this Act means the oil that is owned by the State (limited to oil over which the Minister of Economy, Trade and Industry has jurisdiction) and that is strategically stockpiled for use in the event of a shortage of supply in Japan or a shortage of supply in specific areas of the country caused by a disaster in the country.

Article 3In view of the fact that the stockpiling of oil for use in the event of a shortage of supply in Japan or a shortage of supply in specific areas of the country caused by a disaster in the country (hereinafter simply referred to as "stockpiling") and the appropriate distribution of the oil are indispensable to the stability of the lives of the citizens and the smooth operation of the national economy in the event an actual shortage occurs, the State must take measures for the facilitation of oil stockpiling and appropriate distribution of the oil pertaining to the Stockpiling under this Act, while giving due consideration to the security of oil storage facilities, and must endeavor to deepen citizenry's understanding of the necessity to secure a stockpile of oil and appropriately distribute it.

Article 13(1)For each of the areas designated by an Order of the Ministry of Economy, Trade and Industry that divides the area of the whole country into areas that are found to be appropriate for ensuring a stable supply of oil (excluding petroleum gas; hereinafter the same applies in this Article) in the area through the joint use of oil storage facilities and other mutual collaboration measures among oil refiners, etc. who engage in the oil refinery, oil retail business or oil import business in the area in case a shortage of supply of oil in specific areas of Japan caused by a disaster in the country occurs, the Minister of Economy, Trade and Industry is to designate as specified oil refiners, etc. from among oil refiners, etc., those who have oil storage facilities within the area with the total storage capacity exceeding the capacity specified by Order of the Ministry of Economy, Trade and Industry and satisfy other requirements provided for by Order of the Ministry of Economy, Trade and Industry.

(2)If the Minister of Economy, Trade and Industry designates specified oil refiners, etc. pursuant to the provisions of the preceding paragraph, the Minister is to give public notice of the following information:

(3)If the Minister of Economy, Trade and Industry receives a notification of changes (limited to changes pertaining to the information set forth in item (ii) of the preceding paragraph) under the provisions of Article 20, paragraph (3), Article 26, paragraph (2) or Article 27, paragraph (2) the Minister is to give public notice of the changes.

(4)Specified oil refiners, etc. designated pursuant to the provisions of paragraph (1) for the same area specified by Order of the Ministry of Economy, Trade and Industry under the same paragraph must jointly prepare a plan for mutual collaboration among them (hereinafter referred to as a "the Plan for Joint-Operations of Oil Supply in Disasters") for the purpose of ensuring a stable supply of oil in the relevant area in case a shortage of supply of oil in specific areas of Japan caused by a disaster in the country occurs or is likely to occur and submit it to the Minister of Economy, Trade and Industry as provided for by Order of the Ministry of Economy, Trade and Industry. The same applies in case of changes thereto.

(5)The following matters are to be provided for in the Plan for Joint-Operations of Oil Supply in Disasters:

(6)If a specified oil refiners, etc. does not make the notification under paragraph (4), the Minister of Economy, Trade and Industry may recommend the specified oil refiners, etc. to make it.

(7)If the Minister of Economy, Trade and Industry receives a notification under the provisions of paragraph (4) and finds that the content of the plan pertaining to the notification does not satisfy any of the following items, the Minister may recommend the specified oil refiners, etc. that have made the notification to make changes to the Plan for Joint-Operations of Oil Supply in Disasters pertaining to the notification:

(8)Specified oil refiners, etc. must review their Plan for Joint-Operations of Oil Supply in Disasters every year and, if they find it necessary, make changes thereto.

(9)If a specified oil refiner, etc. that has received a recommendation under the provisions of paragraph (6) or (7) does not follow the recommendation without just cause, the Minister of Economy, Trade and Industry may publicize such fact.

Article 14(1)For each of the areas designated by an Order of the Ministry of Economy, Trade and Industry that divides the whole country into areas that are found to be appropriate for ensuring a stable supply of petroleum gas in the area through the joint use of petroleum gas storage facilities and other mutual collaboration measures among oil distributors who engage in the oil retail business in the area or petroleum gas importers who engage in petroleum gas import business in area in case a shortage of supply of petroleum gas in specific areas of Japan caused by a disaster in the country occurs, the Minister of Economy, Trade and Industry is to designate, as specified petroleum gas importers, etc., from among oil distributors and petroleum gas importers, those who have petroleum gas storage facilities within the relevant area with the total storage capacity exceeding the capacity specified by Order of the Ministry of Economy, Trade and Industry and satisfy other requirements provided for by Order of the Ministry of Economy, Trade and Industry.

(2)If the Minister of Economy, Trade and Industry designates specified petroleum gas importers, etc. pursuant to the provisions of the preceding paragraph, the Minister is to give public notice of the following information:

(3)If the Minister of Economy, Trade and Industry receives a notification of changes (limited to a change pertaining to the matters listed in item (ii) of the preceding paragraph) under the provisions of Article 27, paragraph (2) or Article 28, paragraph (2) the Minister is to give public notice of the changes.

(4)Specified petroleum gas importers, etc. designated pursuant to the provisions of paragraph (1) for the same area specified by Order of the Ministry of Economy, Trade and Industry under the same paragraph must jointly prepare a plan for mutual collaboration among them (hereinafter referred to as a "emergency petroleum gas supply collaboration plan") for the purpose of ensuring a stable supply of petroleum gas in the relevant area in case a shortage of supply of petroleum gas in specific areas of Japan caused by a disaster in the country occurs or is likely to occur and submit it to the Minister of Economy, Trade and Industry as provided for by Order of the Ministry of Economy, Trade and Industry. The same applies in case of changes thereto.

(5)The following matters are to be provided for in the emergency petroleum gas supply collaboration plan:

(6)The provisions of paragraph (6) through paragraph (9) of the preceding Article apply mutatis mutandis to specified petroleum gas importers, etc.In this case the term "the Plan for Joint-Operations of Oil Supply in Disasters" in paragraphs (7) and (8) of the Article is deemed to be replaced with "emergency petroleum gas supply collaboration plan" and the term "oil" in paragraph (7), items (i) and (iii) of the Article is deemed to be replaced with "petroleum gas."

Article 15(1)When the Minister of Economy, Trade and Industry receives a notification under the provisions of Article 13, paragraph (4) or paragraph (4) of the preceding Article, the Minister of Economy, Trade and Industry is to send a copy of the Plan for Joint-Operations of Oil Supply in Disasters or emergency petroleum gas supply collaboration plan pertaining to the notification to the Fair Trade Commission.

(2)If the Fair Trade Commission finds it necessary, it is to state its opinion on the Plan for Joint-Operations of Oil Supply in Disasters or emergency petroleum gas supply collaboration plan it has received to the Minister of Economy, Trade and Industry pursuant to the provisions of the preceding paragraph.

Article 29The Minister of Economy, Trade and Industry may entrust the management of national oil stockpiling (excluding designated petroleum products) and national storage facilities (meaning the State-owned oil storage facilities and other facilities necessary for the stockpiling in national oil stockpiling (excluding designated petroleum products) (including land to be used for the purpose)) to JOGMEC and may entrust the management of national oil stockpiling (limited to designated petroleum products) to oil refiners, etc.

Article 30(1)If the Minister of Economy, Trade and Industry finds it necessary, the Minister may exchange national oil stockpiling for oil owned by a person other than the State.

(2)If the Minister intends to make the exchange under the provisions of the preceding paragraph, and there is a difference in value, the Minister must monetarily compensate the difference or have it compensated.

Article 31Beyond what is provided for in the preceding Article, if a shortage of supply of oil in Japan or a shortage of supply of oil in specific areas of Japan caused by a disaster in the country occurs or is likely to occur and the Minister of Economy, Trade and Industry finds it particularly necessary for ensuring a stable supply of oil, the Minister may transfer or lend national oil stockpiling as provided for by Order of the Ministry of Economy, Trade and Industry.In this case, if national oil stockpiling are transferred for the purpose of exchange, the provisions of paragraph (2) of the preceding Article apply mutatis mutandis.

Article 32(1)If the Minister of Economy, Trade and Industry reduces or intends to reduce the standard oil stockpiling pursuant to the provisions of Article 7, paragraph (3), reduces or intends to reduce the standard volume of petroleum gas stockpiles pursuant to Article 7, paragraph (3) applied mutatis mutandis in Article 11, paragraph (2) or transfers or intends to transfer or lends or intends to lend national oil stockpiling pursuant to the provisions of the preceding Article, the Minister may, as provided for by Order of the Ministry of Economy, Trade and Industry, oblige the oil refiners, oil distributors, oil importers or petroleum gas importers (hereinafter collectively referred to as "oil traders") or organizations that are formed by oil distributors and are designated by the Minister of Economy, Trade and Industry to report the estimated production volume of the designated petroleum products or estimated sales or import volume of oil or other necessary information, and based on the report, make a recommendation to the oil traders to increase the estimated production volume of designated petroleum products or estimated sales or import volume of oil or take other necessary measures (excluding measures that the Minister of Economy, Trade and Industry may recommend pursuant to the provisions of paragraph (1) of the following Article or the provisions of paragraph (1) of the same Article applied mutatis mutandis in paragraph (3) of the same Article).

(2)If the Minister of Economy, Trade and Industry makes a recommendation under the provisions of the preceding paragraph, and the person that receives the recommendation fails to comply therewith without just cause, the Minister may make this fact public.

(3)The Minister of Economy, Trade and Industry is to provide to the citizens the information on the status of production, import, distribution or inventory of oil, which is necessary for the citizens to appropriately respond to a situation in which there is a shortage of oil supply in Japan or a shortage of oil supply in specific areas of Japan caused by a disaster in the country.

Article 33(1)If a shortage of supply of oil (excluding petroleum gas) caused by a disaster in Japan occurs or is likely to occur in the areas designated by the Order of the Ministry of Economy, Trade and Industry under Article 13, paragraph (1), and the Minister of Economy, Trade and Industry reduces or intends to reduce the standard oil stockpiling pursuant to the provisions of Article 7, paragraph (3) or transfers or intends to transfer or lends or intends to lend national oil stockpiling (excluding petroleum gas) pursuant to the provisions of Article 31, the Minister may recommend specified oil refiners, etc. that have submitted the Plan for Joint-Operations of Oil Supply in Disasters for the relevant area pursuant to the provisions of Article 13, paragraph (4) (excluding those who have received a recommendation for changes under paragraph (7) of the same Article but have not made the recommended changes to their Plan for Joint-Operations of Oil Supply in Disasters) to implement the submitted the Plan for Joint-Operations of Oil Supply in Disasters (if any change is notified pursuant to the provisions of the second sentence of paragraph (4) of the same Article, the plan after the change).In this case, the Minister of Economy, Trade and Industry is to set a period for implementing the Plan for Joint-Operations of Oil Supply in Disasters pertaining to the recommendation.

(2)If the Minister of Economy, Trade and industry makes a recommendation under the provisions of the preceding paragraph, and the specified oil refiner, etc. that receives the recommendation fails to comply therewith without just cause, the Minister may make this fact public.

(3)The provisions of the preceding two paragraphs apply mutatis mutandis to specified petroleum gas importers, etc.In this case, in paragraph (1), the term " Article 13, paragraph (1)" is deemed to be replaced with " Article 14, paragraph (1)," the term "oil (excluding petroleum gas)" is deemed to be replaced with "petroleum gas," the term " Article 7, paragraph (3) " is deemed to be replaced with " Article 7, paragraph (3) applied mutatis mutandis in Article 11, paragraph (2)," the term "standard oil stockpiling" is deemed to be replaced with "standard volume of petroleum gas stockpiles," the term "national oil stockpiling (excluding petroleum gas)" is deemed to be replaced with "national oil stockpiling (limited to petroleum gas)," the term " Article 13, paragraph (4)" is deemed to be replaced with " Article 14, paragraph (4)," the term "the Plan for Joint-Operations of Oil Supply in Disasters" is deemed to be replaced with "emergency petroleum gas supply collaboration plan," the term "paragraph (7) of the same Article" is deemed to be replaced with " Article 13, paragraph (7) applied mutatis mutandis in paragraph (6) of the same Article," and the term "the second sentence of paragraph (4) of the same Article" is deemed to be replaced with "the second sentence of Article 14, paragraph (4) "

Article 34JOGMEC may offer personnel and technical assistance necessary for the implementation of the Plan for Joint-Operations of Oil Supply in Disasters or emergency petroleum gas supply collaboration plan to specified oil refiners, etc. that have received a recommendation under paragraph (1) of the preceding Article or specified petroleum gas importers, etc. that have received a recommendation under paragraph (1) of the same Article applied mutatis mutandis in paragraph (3) of the same Article in response to their request.

Article 35(1)When the Minister of Economy, Trade and Industry finds it particularly necessary for ensuring the implementation of the Plan for Joint-Operations of Oil Supply in Disasters or emergency petroleum gas supply collaboration plan by specified oil refiners, etc. that have received a recommendation under Article 33, paragraph (1) of or specified petroleum gas importers, etc. that have received a recommendation under paragraph (1) of the same Article applied mutatis mutandis in paragraph (3) of the same Article, the Minister may request the heads of relevant administrative organs to help with the transportation of oil or otherwise offer necessary cooperation.

(2)If the heads of relevant administrative organs receive a request under the provisions of the preceding paragraph, the heads thereof are to offer the cooperation under the same paragraph, to an extent that does not hinder the performance of their duties.

Article 36Oil refiners, designated oil distributors, oil importers, or petroleum gas importers must, as provided for by Order of the Ministry of Economy, Trade and Industry, notify the Minister of Economy, Trade and Industry monthly of the production quantity of the designated petroleum products or sales or import quantity of oil for the immediately preceding month and other information specified by Order of the Ministry of Economy, Trade and Industry.

Article 37(1)If an oil importer assigns its entire business or any inheritance, merger or division occurs involving an oil importer (limited to the succession of the whole business), the person assuming the whole business or heir (in the event there are two or more successors and they unanimously select one of them as a successor of the business, then the selected person; the same applies hereinafter), the corporation that remains after the merger or the corporation established after merger or the corporation that succeeds to the whole business after the division succeeds to the position of the relevant oil importer; provided, however, that this does not apply when the aforementioned person that assumes the whole business or heir, the corporation that remains after the merger, the corporation established after the merger or the corporation that succeeds to the whole business falls under any one of the items (ii) through (vi) of Article 19, paragraph (1).

(2)A person succeeding to the position of an oil importer pursuant to the provisions of the preceding paragraph must submit notification to that effect to the Minister of Economy, Trade and Industry without delay attaching a written document that proves that fact.

(3)Order of the Ministry of Economy, Trade and Industry may establish the provisions as necessary for the technical replacement of terms in the provisions of Article 5, paragraph (1) for the application thereof to persons that succeeded to the position of an oil importer pursuant to the provisions of paragraph (1).

Article 38(1)If an oil refiner (limited to those specified by Order of the Ministry of Economy, Trade and Industry) assigns the whole business or an inheritance, merger or division occurs involving an oil refiner (limited to the succession of the whole business), the person assuming the whole business or heir, the corporation that remains after the merger or the corporation established after the merger or the corporation that succeeds to the whole business after the division succeeds to the position of the oil refiner under this Act.

(2)A person succeeding to the position of an oil refiner pursuant to the provisions of the preceding paragraph must submit notification to that effect to the Minister of Economy, Trade and Industry without delay attaching a written document that proves that fact.

(3)Order of the Ministry of Economy, Trade and Industry may provide as necessary for the technical replacement of terms in the provisions of Article 5, paragraph (1) for the application thereof to persons that succeeded the position of an oil refiner pursuant to the provisions of paragraph (1).

(4)The provisions of the preceding three paragraphs apply mutatis mutandis to designated oil distributors.

(5)The provisions of paragraphs (1) through (3) apply mutatis mutandis to petroleum gas importers.In this case, the phrase "Article 5, paragraph (1)" in paragraph (3) is deemed to be replaced with "Article 10, paragraph (1)."

Article 39Oil refiners, or petroleum gas importers must, pursuant to Order of the Ministry of Economy, Trade and Industry, provide the books, enter the volume of crude oil, designated petroleum products, or petroleum gas it holds and other information as provided for by Order of the Ministry of Economy, Trade and Industry therein and preserve the books.

Article 40(1)Beyond what is provided for in this act, the Minister of Economy, Trade and Industry may have oil traders make reports relating to their business to the extent necessary for the enforcement of this Act..

(2)The Minister of Economy, Trade and Industry may, to the extent necessary for the enforcement of this Act, have officials of the Ministry enter the office, plant, or other workplace of an oil trader and inspect the books, documents, and other articles.

(3)An official that enters and inspects pursuant to the provisions of the preceding paragraph must carry an identification card to present and present it to relevant persons.

(4)The authority for conducting on-site inspections under the provisions of paragraph (2) must not be construed as being approved for criminal investigations.

Article 41(1)During the period set forth in Article 20, paragraph (1) of the Oil Supply and Demand Optimization Act (Act No. 122, 1973), the provisions of Articles 4 through 12, Article 32, Article 37, paragraph (3) of, Article 38, and Article 39 do not apply.

(2)Cabinet Order may provide as necessary for transitional measures regarding the application of the provisions of Articles 4 through 12, Article 32, Article 37, paragraph (3), Article 38, and Article 39 after the period set forth in the preceding paragraph has passed.

(3)The provisions of paragraph (1) must not be construed as having any impact on the application of penal provisions to conduct that a person engages in before the commencement of the period set forth in the same paragraph.

Article 42(1)In the event the Development Bank of Japan, Okinawa Development Finance Corporation, or JOGMEC (hereinafter referred to as "Development Bank of Japan, etc.") lends the funds necessary for the establishment of oil storage facilities and other facilities required for the buildup of oil stockpiles, the government may provide the Development Bank of Japan, etc. with interest subsidies for such loans to the extent of its budget.

(2)The amount of interest subsidies set forth in the preceding paragraph is, pursuant to Order of the Ministry of Economy, Trade and Industry, to be computed for every such period as provided for by Order of the Ministry of Economy, Trade and Industry (hereinafter referred to as the "unit period") multiplying outstanding loans extended under relevant loan agreement during the unit period by the interest subsidy rate determined within the limits of the difference between the interest rate on the loans and an annual rate of 5.5% by the Minister of Economy, Trade and Industry in consultation with the Minister of Finance.

(3)When the Development Bank of Japan receives interest subsidies from the government pursuant to the provisions of paragraph (1), it must determine the amount of interest generated during such unit period under the loan agreement in relation to which such interest subsidies are paid as the amount of interest under the loan agreement minus the amount equivalent to the amount of the relevant interest subsidies.

Article 43-2The provisions of Chapter IV and Article 36 do not apply to the processes and business relating to the national oil stockpiling performed by the Minister of Economy, Trade and Industry.

Article 44If an order is established amended or abolished based on the provisions of this Act, required transitional measures (including transitional measures concerning penal provisions) may be specified by the order to the extent considered reasonably necessary for the establishment or the amendment or the abolition thereof.

Article 45A person violating an order under the provisions of Article 9, paragraph (2) or Article 12, paragraph (2) is subject to imprisonment for not more than one year, a fine of not more than 3,000,000 yen, or both.

Article 46A person falling under one of the following items is subject to imprisonment for not more than one year, a fine of not more than 1,000,000 yen, or both:

Article 47A person falling under one of the following items is subject to a fine of not more than 500,000 yen:

Article 48If a representative or agent, an employee, or other workers of a corporation or person violates the provisions set forth in the following items with regard to the business of the corporation or person, not only the offender is punished, but also the juridical person is subject to a fine set forth in the following items and the person is subject to the fine set forth in each of the relevant Articles:

Article 49A person failing to submit notification under the provisions of Article 20, paragraph (3),, Article 21, Article 26 ,paragraph (2) or (3) (including when these provisions are applied mutatis mutandis in Article 27, paragraph (3) and Article 28, paragraph (3)), Article 27, paragraph (2), Article 28, paragraph (2) Article 37, paragraph (2) or Article 38, paragraph (2) (including when these provisions are applied mutatis mutandis in paragraphs (4) and (5) of the same Article) or submitting a false notification is subject to a civil fine of not more than 200,000 yen.