国際連合安全保障理事会決議第千二百六十七号等を踏まえ我が国が実施する財産の凍結等に関する特別措置法施行令 - 英語

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The Order for Enforcement of the Act on Special Measures Concerning Freezing of Assets of International Terrorists Implemented by Japan in Light of the United Nations Security Council Resolution 1267 is hereby promulgated.

Order for Enforcement of the Act on Special Measures Concerning Freezing of Assets Implemented by Japan in Light of the United Nations Security Council Resolution 1267

Cabinet Order No. 356 of October 2, 2015

The Cabinet hereby enacts this Cabinet Order pursuant to the provisions of Article 3, paragraph (1), Article 4, paragraph (1), item (ii), (c), Article 8, paragraph (4), Article 9, items (i) and (iv), Article 17, paragraph (1), Article 26, and Article 4 of the Supplementary Provisions of the Act on Special Measures Concerning Freezing of Assets of International Terrorists Implemented by Japan in Light of the United Nations Security Council Resolution 1267 (Act No. 124 of 2014).

(United Nations Security Council Resolutions Calling for Measures Such as the Freezing of the Assets of International Terrorists)

Article 1(1)The Resolutions of the United Nations Security Council (UNSC) specified by Cabinet Order to take measures such as freezing of assets of international terrorists stated in Article 3, paragraph (1) of the Act on Special Measures Concerning Freezing of Assets Implemented by Japan in Light of the United Nations Security Council Resolution 1267 (Act No. 124 of 2014; referred to as the "Act" below) are; UNSC Resolution 1267 , UNSC Resolution 1333, UNSC Resolution 1390, UNSC Resolution 1988, UNSC Resolution 1989, UNSC Resolution 2253, and UNSC Resolution 2255.

(2)The Resolutions of the United Nations Security Council (UNSC) specified by Cabinet Order to establish the committee to prepare the international terrorist list stated in Article 3, paragraph (1) of the Act are; UNSC Resolution 1267, UNSC Resolution 1988, UNSC Resolution 1989, and UNSC Resolution 2253.

(United Nations Security Council Resolutions Calling for Measures Such as Freezing of Assets of Persons Involved in Weapons of Mass Destruction Programs and Activities, etc.)

Article 2(1)The Resolutions of the United Nations Security Council (UNSC) specified by Cabinet Order to take measures such as freezing of assets of persons involved in weapons of mass destruction programs and activities, etc., as provided for in Article 3, paragraph (2) of the Act are; UNSC Resolution 1718, UNSC Resolution 1874, UNSC Resolution 2087, UNSC Resolution 2094, UNSC Resolution 2231, UNSC Resolution 2270, UNSC Resolution 2321, UNSC Resolution 2356, UNSC Resolution 2371, UNSC Resolution 2375 and UNSC Resolution 2397.

(2)The Resolutions of the United Nations Security Council specified by Cabinet Order establishing a committee to prepare a list of persons involved in weapons of mass destruction programs and activities, etc., as stated in Article 3, paragraph (2) of the Act are; UNSC Resolution 1718 and UNSC Resolution 1737.

(States with Systems Being of an Equivalent Level to Japan's in Relation to Measures Such as Freezing of Assets of International Terrorists)

Article 3The countries specified by Cabinet Order as referred to in Article 4, paragraph (1), item (ii), (c) of the Act are the United States of America, Italy, the United Kingdom, Canada, Germany, and France.

(Technical Replacement of Terms When Applying Mutatis Mutandis the Provisions of the Administrative Procedure Act)

Article 4When the provisions of the Administrative Procedure Act (Act No. 88 of 1993) are applied mutatis mutandis pursuant to the provisions of Article 8, paragraph (4) of the Act, the technical replacement of terms of the Administrative Procedure Act pursuant to the provisions of Article 8, paragraph (4) of the Act is as follows.

Provisions of the Administrative Procedure Act containing the terms to be replaced	Original terms	Terms to replace the original
Article 15, paragraph (1)	Person who is to become the subject to of the adverse disposition	A person who has received a designation (referred to below as a "provisional designation") pursuant to the provisions of Article 8, paragraph (1) of the Act on Special Measures Concerning Freezing of Assets Implemented by Japan in Light of the United Nations Security Council Resolution 1267 ( referred to below as the "Act on Special Measures Concerning Freezing of Assets , etc.")
Article 15, paragraph (1), item (i) and Article 20, paragraph (1)	Anticipated adverse disposition	The relevant provisional designation
Article 15, paragraph (1), item (ii) and Article 24, paragraphs (1) and (3)	Facts that are the cause of an adverse disposition	Facts that caused the provisional designation;
Article 15, paragraph (2), item (ii) and Article 18, paragraph (1)	Facts that are the cause of an adverse disposition	Facts that caused the relevant provisional designation
Article 15, paragraph (3) and Article 22, paragraph (3)	Person who is to become the subject of the adverse disposition	Person who has received the relevant provisional designation;
Article 17, paragraph (1)	Adverse disposition	Provisional designation
Article 18, paragraph (1)	By the adverse disposition	By the provisional designation
	will be harmed	Harmed
Article 20, paragraph (1)	The facts that are to be the cause	The facts of the cause
Article 26	Adverse disposition	Designation under the provisions of Article 8, paragraph (5) of the Act on Special Measures Concerning Freezing of Assets

(Assets Similar to Monies)

Article 5The assets specified by Cabinet Order as referred to in Article 9, item (i) of the Act are; electronic payment instrument (meaning the electronic payment instrument prescribed in Article 2, paragraph (5) of the Payment Services Act (Act No. 59 of 2009); the same applies in Article 7, item (iv)); cryptoasset (meaning the cryptoasset prescribed in Article 2, paragraph (14) of that Act; the same applies in Article 7, item (v)); prepaid payment instruments (meaning the prepaid payment instruments prescribed in Article 3, paragraph (1) of that Act), negotiable instruments (excluding those stated in Article 2, paragraph (1), item (xv) of the Financial Instruments and Exchange Act (Act No. 25 of 1948)), checks (including traveler's checks), vessels (limited to vessels with a gross tonnage of 20 tons or more (excluding a ship's tender or a boat steered solely or mainly using oars or paddles) and small-sized vessels prescribed in Article 2 of the Act on Registration, etc. of Small-Sized Vessels (Act No. 102 of 2001); the same applies in Article 9) and aircraft (meaning the aircraft prescribed in Article 2, paragraph (1) of the Civil Aeronautics Act (Act No. 231 of 1952) (limited to aeroplanes and rotorcrafts); the same applies in Article 9).

(Base Amount of Assets Subject to Regulations)

Article 6The amount specified by Cabinet Order as referred to in Article 9, item (i) of the Act is 15,000 yen.

(Obligation Involving Deposits or Savings)

Article 7The obligations specified by Cabinet Order stated in Article 9, item (iv) of the Act are the following obligations:

(i)obligations relating to deposits and savings (including installment savings, installment deposits, and deposits);

(ii)obligations relating to the payment of pensions (limited to those paid on the grounds of a person's survival), maturity insurance proceeds, maturity refunds, cancellation refunds, or maturity mutual aid monies based on insurance contracts in which the insurer is a person conducting insurance business as prescribed in Article 2, paragraph (1) of the Insurance Business Act (Act No. 105 of 1995), postal life insurance contracts as prescribed in Article 3 of the Postal Life Insurance Act (Act No. 68 of 1949) prior to the repeal under Article 2 of the Act on the Arrangement of Related Acts to Accommodate the Entry into Force of the Postal Service Privatization Act and Other Acts (Act No. 102 of 2005), or mutual aid contracts as prescribed in Article 10, paragraph (1), item (x) of the Agricultural Cooperative Act (Act No. 132 of 1947) or Article 11, paragraph (1), item (xii), Article 93, paragraph (1), item (vi)-2, or Article 100-2, paragraph (1), item (i) of the Fisheries Cooperatives Act (Act No. 242 of 1948);

(iii)obligations relating to the return of borrowings under a money loan contract (including obligations relating to a guarantee of the relevant obligations);

(iv)obligations relating to the transfer of electronic payment instruments managed by an electronic payment instruments service provider (meaning the electronic payment instruments service provider prescribed in Article 2, paragraph (12) of the Payment Services Act, and including those deemed to be an electronic payment instruments service provider pursuant to Article 62-8, paragraph (2) of that Act);

(v)obligations relating to the transfer of cryptoassets managed by a cryptoasset exchange service provider (meaning a cryptoasset exchange service provider as prescribed in Article 2, paragraph (16) of the Payment Services Act).

(Development of Weapons of Mass Destruction)

Article 8The development, etc. of weapons of mass destruction, etc. specified by Cabinet Order as referred to in Article 11, paragraph (1), item (iv), (b) and Article 16, paragraph (3), item (ii), (b) of the Act is the act specified in each of the following items in accordance with the category of the persons involved in weapons of mass destruction programs and activities, etc., subject to public notice stated in the following items:

(i)a person for whom measures such as freezing of assets are to be taken pursuant to Resolution 1718, etc. (meaning Resolution 1718, etc. as prescribed in Article 3, paragraph (2) of the Act and excluding UNSC Resolution 2231; the same applies in item (iii)) (excluding the person stated in item (iii)): the development, manufacture, possession, transfer, acquisition, and use by North Korea of nuclear weapons, chemical warfare agents or military bacterial agents or devices for spraying the agents, or rockets or unmanned aerial vehicles capable of transporting the agents (referred to as "North Korea's development, etc. of weapons of mass destruction, etc." in item (iii));

(ii)a person for whom measures such as freezing of assets are to be taken pursuant to United Nations Security Council Resolution 2231 (excluding a person stated in the following item): the development, manufacture, possession, transfer, acquisition, and use by Iran of nuclear weapons or rockets or unmanned aerial vehicles capable of transporting them (referred to as "Iran's development, etc. of nuclear weapons, etc." in the following item);

(iii)a person for whom measures such as freezing of assets are to be taken pursuant to Resolution 1718, and for whom measures such as freezing of assets are to be taken pursuant to United Nations Security Council Resolution No. 2231: North Korea's development, etc. of weapons of mass destruction, etc., and Iran's development, etc. of nuclear weapons, etc.

(Assets That Cannot Be Carried)

Article 9The Assets specified by Cabinet Order as referred in Article 17, paragraph (1) of the Act are vessels and aircrafts.

(Delegation of Authority to Area Public Safety Commissions)

Article 10Affairs that are under the authority of the Hokkaido public safety commission pursuant to the provisions of the Act are performed by the relevant area public safety commission for the areas other than those including the location of the Hokkaido Police Headquarters.

Supplementary Provisions [Extract]

(Effective Date)

(1)This Cabinet Order comes into effect on the date of enforcement of the Act (October 5, 2015).

Supplementary Provisions [Cabinet Order No. 72 of March 24, 2016]

(Effective Date)

(1)This Cabinet Order comes into effect on the date in which the Act on the Arrangement of Related Acts Accompanying the Enforcement of the Administrative Complaint Review Act comes into effect (April 1, 2016).

(Transitional Measures)

(2)Prior laws continue to govern for an order under the provisions of Article 6, paragraph (7) of the Anti-Stalking Act (Act No. 81 of 2000), or an appeal concerning a designation under the provisions of Article 8, paragraph (5) of the Act on Special Measures concerning the Freezing of Assets of International Terrorists Implemented by Japan in Light of theUnited Nations Security Council Resolution 1267 (Act No. 124 of 2014) (referred to below as an "order, etc.") which is related to the order, etc. that has been issued before this Cabinet Order comes into effect.

Supplementary Provisions [Cabinet Order No. 201 of April 15, 2016]

This Cabinet Order comes into effect on the date of promulgation.

Supplementary Provisions [Cabinet Order No. 47 of March 24, 2017 Extract] [Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect on the date in which the Act Partially Amending the Banking Act and Other Acts in Order to Respond to Environmental Changes, Including Advances in Information and Communications Technology (excluding Article 19 of the Supplementary Provisions) comes into effect (April 1, 2017).

Supplementary Provisions [Cabinet Order No. 142 of April 3, 2020 Extract] [Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect on the date of enforcement (May 1, 2020) of the Act for Partial Revision of the Payment Services Act and Other Acts in Order to Respond to Diversification of Financial Transactions Accompanying Advancement of Information and Communications Technology (referred to below as the "Revising Act").

(Transitional Measures concerning Penal Provisions)

Article 13Prior law continues to govern the applicability of penal provisions to an action that a person undertakes before this Cabinet Order comes into effect.

Supplementary Provisions [Cabinet Order No. 217 of July 8, 2020 Extract] [Extract]

(Effective Date)

Article 1This Cabinet Order comes into effect on the date of enforcement of the Revised Act (December 1, 2020).

(Transitional Measures concerning Penal Provisions)

Article 5Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Cabinet Order, and acts committed after the enforcement of this Cabinet Order for the case in which the provisions then in force remain applicable pursuant to the provisions of Article 2 of the Supplementary Provisions.

Supplementary Provisions [Cabinet Order No. 189 of May 26, 2023 Extract] [Extract]

(Effective Date)

(1)This Cabinet Order comes into effect on the date of enforcement (June 1, 2023) of the Act on the Partial Revision of the Act on Special Measures Concerning the Freezing of Assets of International Terrorists Implemented by Japan in Light of the United Nations Security Council Resolution 1267 to Deal with the International Transfer of Illegal Funds.