Article 1The purpose of this Act is to set forth the procedures of a stopped ship inspection and taking ship measure implemented by units of the Maritime Self-Defense Force called out pursuant to the provisions of Article 76, paragraph (1) of the Self-Defense Forces Act (Act No. 165 of 1954), and the procedures of the trial at the Foreign Military Supply Tribunal to be established in the Ministry of Defense in order to restrict the maritime transportation of foreign military supplies in Japan's territorial seas and the high seas surrounding Japan (including the exclusive economic zone prescribed in the United Nations Convention on the Law of the Sea; the same applies hereinafter) in armed attack situations (meaning the armed attack situation prescribed in Article 2, paragraph (2) of the Act on Ensuring Peace and Independence of Japan and Security of the State and People in Armed Attack Situations (Act No. 79 of 2003); the same applies hereinafter), and thereby ensuring the peace and independence of Japan and security of the State and the citizens.

Article 2In this Act, the meanings of the terms listed in the following items are as prescribed respectively in those items:

Article 3When controlled by international laws and customary practices, implementation of the measures pursuant to the provisions of Chapter IV or other procedures based on this Act must comply with those laws and practices.

Article 4(1)The Minister of Defense, if all or part of the Maritime Self-Defense Force is given the defense operation order pursuant to the provisions of Article 76, paragraph (1) of the Self-Defense Forces Act and the Minister finds it necessary to restrict the maritime transportation of foreign military supplies in Japan's territorial seas or the high seas surrounding Japan, may order units of the Maritime Self-Defense Force that were called out pursuant to the provisions of that paragraph to take the measures pursuant to the provisions of Chapter IV by obtaining the approval of the Prime Minister.

(2)The Minister of Defense, when giving an order pursuant to the provisions of the preceding paragraph, must give public notice and determine the area to implement stopped ship inspection (hereinafter referred to as the "implementation area").

Article 5(1)When the Minister of Defense has given public notice provided for in paragraph (2) of the preceding Article, the Minister is to immediately notify the Minister for Foreign Affairs to that effect.

(2)When the Minister for Foreign Affairs has received the notice prescribed in the preceding paragraph, the Minister must take measures to disseminate the scope of foreign military supplies and the implementation area to the relevant foreign governments and international organizations without delay.

Article 6(1)In the cases where the cargo referred pursuant to the provisions of Article 27, paragraph (3) or the cargo of the ship involved in the case referred pursuant to the provisions of Article 34 (hereinafter collectively referred to as "cargo" in this Article and Article 52, paragraphs (1) through (3)) is the foreign military supply that falls under Article 2, item (ii), (a), the Foreign Military Supply Tribunal must dispose the cargo in accordance with the procedures prescribed in Chapter V.

(2)In the cases where the cargo is the foreign military supply that falls under one of Article 2, item (ii), sub-items (b) through (h), the Foreign Military Supply Tribunal must suspend transportation of such cargo in accordance with the procedures prescribed in Chapter V.

(3)In the cases where the cargo is the foreign military supply that falls under one of Article 2, item (ii), sub-items (i) through (l), the Foreign Military Supply Tribunal, when it finds it necessary, may suspend transportation of such cargo in accordance with the procedures prescribed in Chapter V.

(4)In the cases where the ship involved in the case that has been referred pursuant to the provisions of Article 34 transports foreign military supplies and falls under any of the following sub-items, the Foreign Military Supply Tribunal, if it finds it necessary for preventing the ship from conducting maritime transportation of foreign military supplies repeatedly, may suspend the navigation of the ship in accordance with the procedures prescribed in Chapter V:

Article 7(1)A Foreign Military Supply Tribunal is established in the Ministry of Defense as a special organ on a temporary basis.

(2)The location and duration of establishment of the Foreign Military Supply Tribunal is prescribed by Cabinet Order.

Article 8The duties of the Foreign Military Supply Tribunal are to investigate and conduct a trial on the case pertaining to ships for which the commanding officer carried out stopped ship inspection (hereinafter referred to as "the case").

Article 9For the purpose of achieving the mission referred to in the preceding Article, the Foreign Military Supply Tribunal takes charge of the following affairs:

Article 10The head of the Foreign Military Supply Tribunal is to be the President of the Foreign Military Supply Tribunal and is appointed from the administrative judges set forth in Article 12, paragraph (1).

Article 11(1)A branch may be located at a predetermined region to allow the branch to handle a part of administrative affairs of the Foreign Military Supply Tribunal.

(2)The name, location, jurisdictional district and internal organization of the branch are specified by Cabinet Order.

Article 12(1)The Foreign Military Supply Tribunal is to have administrative judges and administrative officials.

(2)The Minister of Defense appoints administrative judges among those who have qualification specified by Cabinet Order as experts having knowledge and experience concerning laws (including international laws and regulations), defense or marine matters.

(3)The fixed number of administrative judges is specified by Cabinet Order.

(4)The administrative officials engage in the administrative affairs of the Foreign Military Supply Tribunal based on orders.

Article 13Administrative judges independently exercise their authority.

Article 14(1)The Foreign Military Supply Tribunal conducts necessary investigation and trial for the case by a panel consisting of five administrative judges.

(2)Decisions of the panel are to be made by a majority vote.

(3)The President of the Foreign Military Supply Tribunal appoints administrative judges to be the members of the panel referred to in paragraph (1) for each case.

(4)The President of the Foreign Military Supply Tribunal appoints one of the judges appointed pursuant to the provisions of the preceding paragraph as the chief administrative judge.

(5)The chief administrative judge presides over necessary investigation and administrative affairs related to the case.

Article 15(1)The secretariat is established at the Foreign Military Supply Tribunal to deal with the administrative affairs of the Foreign Military Supply Tribunal.

(2)The internal organization of the secretariat is specified by Cabinet Order.

Article 39The Foreign Military Supply Tribunal, when it has received referral of a case pursuant to the provisions of Article 27, paragraph (3) or Article 34, must conduct necessary investigation of the case.

Article 40(1)The Foreign Military Supply Tribunal, when it has received referral of the case pursuant to the provisions of Article 34, may prohibit the master of the ship involved in the case from making the ship depart.

(2)The period of prohibition of departure pursuant to the provisions of the preceding paragraph is to be one month from the date counted from the day of the referral of the case; provided, however that the Foreign Military Supply Tribunal may extend the period within the total period that does not exceed one month.

(3)When the Foreign Military Supply Tribunal has made a decision pursuant to the provisions of Article 45, paragraph (1) or (2), or otherwise the prohibition of departure of the ship set forth in paragraph (1) has become unnecessary, the Foreign Military Supply Tribunal, even during the period prescribed in the preceding paragraph, must revoke the order provided for in paragraph (1).

Article 41(1)The Foreign Military Supply Tribunal may render the following dispositions in order to conduct necessary investigation of the case:

(2)The Foreign Military Supply Tribunal may appoint administrative officials of the Foreign Military Supply Tribunal as investigators and have them render the dispositions set forth in the preceding paragraph, when the Tribunal finds this to be appropriate.

(3)The investigator who carries out on-site inspection pursuant to the provisions of the preceding paragraph must carry their identification card with them and produce it upon request by the person concerned.

(4)The authority to conduct on-site inspection pursuant to the provisions of paragraph (1) or (2) may not be construed as being approved for the purposes of criminal investigation.

Article 42(1)The Foreign Military Supply Tribunal may post a guard for the objects among those retained pursuant to the provisions of paragraph (1), item (iii) of the preceding Article (hereinafter referred to as "retained objects") that involve inconvenience in transportation or retention, or have a person who is found appropriate to retain them with the consent of the person.

(2)The Foreign Military Supply Tribunal may dispose of the objects among the retained objects that are likely to cause imminent danger that harms human lives or property.

Article 43(1)When the retained objects no longer requires retention, the Foreign Military Supply Tribunal must return them to the person who should receive the return thereof.

(2)In the cases where the Foreign Military Supply Tribunal is unable to return the retained objects because the domicile or residence of the person who should receive the return of the objects under the preceding paragraph is unknown or for any other reason, it must issue public notice to that effect as provided for by Cabinet Order.

(3)The retained objects for which public notice under the preceding paragraph has been issued are to vest in the national treasury when six months have passed from the date of public notice and no request for return has been made.

(4)Even during the period set forth in the preceding paragraph, the Foreign Military Supply Tribunal may dispose of retained objects that have no value and sell those that are inconvenient for retention and retain the proceeds as provided for by Cabinet Order.

Article 44The Foreign Military Supply Tribunal, when it has conducted necessary investigation of the case, must prepare a written statement that contains an outline of the investigation and, when a disposition pursuant to the provisions of Article 40, paragraph (1) or Article 41, paragraph (1) was rendered, clarify the result thereof.

Article 45(1)When the Foreign Military Supply Tribunal finds that, as a result of necessary investigation of the case, the case falls under the provisions of any paragraph of Article 6, must make a decision to commence a trial.

(2)The Foreign Military Supply Tribunal, except for the cases prescribed in the preceding paragraph, must make a decision not to commence a trial.

(3)The provisions of Article 40 apply mutatis mutandis to the cases where the Foreign Military Supply Tribunal has found that, as a result of necessary investigation of the case, the case falls under the provisions of Article 6, paragraph (4) and made a decision to commence a trial pursuant to the provisions of paragraph (1).In this case, the term "the date of referral of the case" in the main clause of Article 40, paragraph (2) is deemed to be replaced with "the date of the decision to commence a trial pursuant to the provisions of Article 45, paragraph (1)"; the term "one month" is deemed to be replaced with "three months"; the phrase "extend the period for periods not exceeding one month in total" in the proviso of the same paragraph is deemed to be replaced with "renew the period on a monthly basis if it finds this specifically necessary"; and the phrase "decision pursuant to the provisions of Article 45, paragraph (1) or (2)" in paragraph (3) of the that Article is deemed to be replaced with "trial decision under Article 52, paragraph (4) or (5)."

Article 46(1)The Foreign Military Supply Tribunal, when it has made a decision to commence a trial pursuant to the provisions of paragraph (1) of the preceding Article, must issue public notice to that effect as provided for by Cabinet Order.

(2)When public notice under the preceding paragraph has been issued, an interested person may submit a written opinion to the Foreign Military Supply Tribunal within thirty days of the date of the public notice.

(3)The Foreign Military Supply Tribunal, when the period set forth in the preceding paragraph has passed, is to commence the trial.

(4)Notwithstanding the provisions of paragraph (2), when the Foreign Military Supply Tribunal finds that there are unavoidable circumstances, an interested person may submit a written opinion even after the period set forth in that paragraph has passed.

Article 47The investigator appointed pursuant to the provisions of Article 41, paragraph (2) may attend the hearing and perform necessary acts such as offer of evidence.

Article 48All trials must be opened to the public; provided, however, that when it is found likely to do harm to national security or to have disadvantages in negotiations with foreign government, trials may not be opened to the public.

Article 49(1)The chief administrative judge presides over the trial in session and maintain the order at the tribunal.

(2)The chief administrative judge may order a person who disturbs the trial to leave the tribunal and take any necessary measures to maintain the order at the tribunal.

Article 50(1)The Foreign Military Supply Tribunal may examine necessary evidence either upon request or by its own authority.

(2)The provisions of Articles 143 through 147, Article 149, Articles 154 through 156, Article 165 and Article 166 of the Code of Criminal Procedure (Act No. 131 of 1948) apply mutatis mutandis to the procedures for the Foreign Military Supply Tribunal to interrogate witnesses or order expert witnesses to conduct expert examination at the trial.In this case, the term "the court" in Article 143 and Article 165 of the said Code is deemed to be replaced with "the Foreign Military Supply Tribunal"; the term "witness" in Article 143, Article 144, Article 145 paragraph (1), Article 154 and Article 156, paragraph (1) of the Code is deemed to be replaced with "witness"; the term "examine" in Article 143, Article 144 and Article 145, paragraph (1) of the Code is deemed to be replaced with "interrogate"; the phrase "when the refusal is found to be an abuse of rights wholly for the interests of the accused (unless the person is the accused), or where there exists other circumstances provided for by the rules of Court" in the proviso of Article 149 of the Code is deemed to be replaced with "or where there exists other circumstances set forth by the Foreign Military Supply Tribunal"; and the term "examine" in Article 155, paragraph (1) of the Code is deemed to be replaced with "interrogate."

Article 51(1)The interested person or their representative who has submitted a written opinion pursuant to the provisions of Article 46, paragraph (2) or (4) may request to state its opinions in the tribunal or submit evidence to the Foreign Military Supply Tribunal.

(2)If a request has been made pursuant to the preceding paragraph, the Foreign Military Supply Tribunal is to have the person state their opinions on the date of the trial; provided, however, when it finds it inappropriate in consideration of the situation of the trial and other circumstances, it may have the person submit written opinions in lieu of the statement of opinions, or may not have the person state their opinions.

Article 52(1)When the Foreign Military Supply Tribunal, after going through the trial proceedings, finds that the cargo is foreign military supply that falls under Article 2, item (ii), (a), it must make a trial decision to dispose of the cargo.

(2)When the Foreign Military Supply Tribunal, after going through trial proceedings, finds that the cargo is foreign military supply that falls under any of Article 2, item (ii), sub-items (b) to (h), it must make a trial decision to suspend transportation of the cargo.

(3)If the Foreign Military Supply Tribunal, after going through trial proceedings, finds that the cargo is foreign military supply that falls under any of Article 2, item (ii), sub-items (i) to (l), when it finds it necessary, must make a trial decision to suspend transportation of the cargo.

(4)If the Foreign Military Supply Tribunal, after going through trial proceedings, finds that the ship involved in the case that has been referred pursuant to the provisions of Article 34 transports foreign military supplies and falls under any item of Article 6, paragraph (4), if it finds it necessary for preventing the ship from conducting maritime transportation of foreign military supplies repeatedly, must make a trial decision to suspend the navigation of the ship.

(5)When the Foreign Military Supply Tribunal, after going through trial proceedings, finds that the case does not fall under the provisions of any paragraph of Article 6, must render a trial decision that clarifies the fact.

Article 53In the trial decision under the preceding Article, the fact must be found on the basis of the evidence examined in the trial proceedings except for publicly known facts.

Article 54The trial decision under Article 52 must indicate the fact found, the inventory of evidence, and the application of laws and regulations.

Article 55A trial decision becomes effective when rendered at the tribunal.

Article 56The Foreign Military Supply Tribunal, when it has made a trial decision pursuant to Article 52, must issue public notice to that effect as specified by Cabinet Order.

Article 57After the Foreign Military Supply Tribunal has made a trial decision prescribed in Article 52, paragraphs (2) through (4), when it finds that the fact required for the decision has ceased to exist or has changed due to transfer of ownership of the cargo or the ship subject to that decision, or to change in the destination or any other reason, it may rescind the decision by making a trial decision.

Article 58When the armed attack situation ends after the Foreign Military Supply Tribunal makes a trial decision prescribed in Article 52, paragraphs (2) through (4), the Foreign Military Supply Tribunal must rescind the decision by making a trial decision without delay.

Article 59An interested person, after the decision to commence the trial has been made, may request the Foreign Military Supply Tribunal to permit inspection or transcription of case records or deliver a transcript or an extract of the written decision.

Article 60Beyond what is provided for in this Act, necessary matters concerning the procedures of trial by the Foreign Military Supply Tribunal are prescribed in Order of the Ministry of Defense.

Article 61A trial decision is executed by an administrative official of the Foreign Military Supply Tribunal designated by the President of the Foreign Military Supply Tribunal (hereinafter referred to as "court execution officer of trial decision").

Article 62When a trial decision is made as provided for in Article 52, paragraph (1), the court execution officer of trial decision must dispose of the cargo subject to the decision after taking measures to make the cargo harmless.

Article 63(1)When a trial decision provided for in Article 52, paragraph (2) or (3) has been made, the court execution officer of trial decision must take possession of and retain the cargo subject to the decision.

(2)If the cargo referred to in the preceding paragraph has decomposed or deteriorated, or is likely to be decomposed or deteriorated, the court execution officer of trial decision may sell the cargo and retain the proceeds as prescribed by Cabinet Order.

(3)The court execution officer of trial decision may dispose of the cargo referred to in paragraph (1) that is likely to cause imminent danger that harms human lives or property or that has substantially decreased in value due to decomposition, deterioration or any other unavoidable reason and no purchaser are found.

Article 64When a trial decision provided for in Article 52, paragraph (4) has been made, the court execution officer of trial decision must confiscate and retain the documents listed in Article 20, item (i) and any other documents necessary for the navigation of the ship subject to the decision and prohibit departure of the ship.

Article 65(1)When a trial decision is made to rescind the trial decision provided for in Article 52, paragraph (2) or (3) pursuant to the provisions of Article 57 or Article 58, the court execution officer of trial decision must return the cargo or the sales proceeds of the cargo subject to the decision that has been retained pursuant to the provisions of Article 63, paragraph (1) or (2) to the person who should receive the return thereof.

(2)The provisions of Article 43, paragraph (2) through (4) apply mutatis mutandis to the case provided for in the preceding paragraph.

(3)When a trial decision is made to rescind the trial decision provided for in Article 52, paragraph (4) pursuant to the provisions of Article 57 or Article 58, the court execution officer must return the documents that have been retained pursuant to the provisions of the preceding Article to the master of ship of the ship subject to the rescinded decision and give permission for departure of the ship.

Article 66When the Foreign Military Supply Tribunal makes a decision not to commence a trial pursuant to the provisions of Article 45, paragraph (2) or makes a trial decision provided for in Article 52, paragraph (5), or the judgment to rescind a trial decision by the Foreign Military Supply Tribunal becomes final and binding, the owner, hirer or charterer of the ship subject to the decision or the trial decision may request compensation for the loss caused by the taking ship measure of the ship (including, in the cases where Foreign Military Supply Tribunal has made an order pursuant to the provisions of Article 40, paragraph (1) (including as applied mutatis mutandis pursuant to Article 45, paragraph (3); the same applies in Article 69), the loss caused by the order) from the government of Japan.

Article 67When the government of Japan makes compensation provided for in the preceding Article, it will be exempted from the liability for compensation of damages under the State Redress Act (Act No. 125 of 1947) or the Civil Code (Act No. 89 of 1896) for the same grounds, up to the amount of the payment.

Article 68The witness or expert witness who is ordered to appear or conduct expert examination pursuant to the provisions of Article 41, paragraph (1), item (i) or (ii), or paragraph (2) may request for travel expenses, daily allowance and other expenses as provided for by Cabinet Order.

Article 69When the crew members, etc. of the ship that is prohibited from departing pursuant to the provisions of Article 40, paragraph (1) or Article 64 land in or depart from Japan, the Foreign Military Supply Tribunal is to provide necessary facilities to enable them to smoothly conduct procedures under the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951) and other laws and regulations in taking those procedures.

Article 70The provisions of Chapter III of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to dispositions to be taken based on this Act.

Article 71No petition related to the dispositions to be taken based on this Act may be filed pursuant to the Administrative Complaint Review Act (Act No. 160 of 1962).

Article 72Beyond what is specifically provided for in this Act, the matters necessary for the enforcement of this Act are prescribed by Cabinet Order.

Article 73(1)A witness or an expert witness under oath pursuant to the provisions of Article 50, paragraph (2) who has made a false statement or expert examination is punished by imprisonment with work for not less than three months but not more than ten years.

(2)Where a person having committed a crime set forth in the preceding paragraph confesses their crime prior to the completion of the trial proceedings and before the revelation of the crime, the punishment for the crime may be commuted or exempted.

Article 74A person who has refused, obstructed, or evaded the inspection pursuant to the provisions of Article 41, paragraph (1), item (iv) is punished by imprisonment with work for not more than one year or by a fine of not more than five hundred thousand yen.

Article 75A person who violates the disposition pursuant to the provisions of Article 40, paragraph (1) (including as applied mutatis mutandis pursuant to Article 45, paragraph (3)) is punished by imprisonment with work for not more than six months or by a fine of not more than three hundred thousand yen.

Article 76A person who falls under any of the following items is punished by a fine of not more than three hundred thousand yen:

Article 77A person who has failed to comply with the order given by the chief administrative judge pursuant to the provisions of Article 49, paragraph (2) is punished by a civil fine of not more than fifty thousand yen.