Act on Prevention of Transfer of Criminal Proceeds
犯罪による収益の移転防止に関する法律
The law as Act Partially Amending the Act on Prevention of Transfer of Criminal Proceeds (Act No. 34 of 2026) leaves it, with the words it changes marked.
The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
The purpose of this Act is, in view of the fact that criminal proceeds are used to encourage organized crimes and, by being transferred and used in business activities, have a grave adverse effect on sound economic activities, and of the fact that the transfer of criminal proceeds makes it difficult to deprive offenders of them by confiscation, collection of equivalent value and other procedures, or to apply them to the recovery of damage caused by crimes, so that preventing the transfer of criminal proceeds (hereinafter referred to as "prevention of transfer of criminal proceeds") is extremely important, to achieve prevention of transfer of criminal proceeds by having specified business operators take measures such as verification of the identification data, etc. of customers, etc. (meaning the identification data prescribed in Article 4, paragraph (1), item (i); the same applies in Article 3, paragraph (1)), preservation of transaction records, etc., and notification of suspicious transactions, and by having police officers take measures to prevent deposit accounts, etc. from being used for crimes, in conjunction with the measures under the Act on Punishment of Organized Crimes and Control of Proceeds of Crime (Act No. 136 of 1999; hereinafter referred to as the "Organized Crime Punishment Act") and the Act Concerning Special Provisions for the Narcotics and Psychotropics Control Act, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Cooperation (Act No. 94 of 1991; hereinafter referred to as the "Narcotics Special Provisions Act"), and also to ensure the precise implementation of international conventions and other instruments concerning the prevention of the financing of terrorism, thereby ensuring the safety and peace of national life and contributing to the sound development of economic activities.
In this Act, "criminal proceeds" means the proceeds of crime, etc. prescribed in Article 2, paragraph (4) of the Organized Crime Punishment Act or the drug-related criminal proceeds, etc. prescribed in Article 2, paragraph (5) of the Narcotics Special Provisions Act.
In this Act, "specified business operator" means any of the following persons:
この法律において「特定事業者」とは、次に掲げる者をいう。
Article 2, paragraph (2), item (i)
a bank;
銀行
Article 2, paragraph (2), item (ii)
a Shinkin bank;
信用金庫
Article 2, paragraph (2), item (iii)
a federation of Shinkin banks;
信用金庫連合会
Article 2, paragraph (2), item (iv)
a labor bank;
労働金庫
Article 2, paragraph (2), item (v)
a federation of labor banks;
労働金庫連合会
Article 2, paragraph (2), item (vi)
a credit cooperative;
信用協同組合
Article 2, paragraph (2), item (vii)
a federation of credit cooperatives;
信用協同組合連合会
Article 2, paragraph (2), item (viii)
an agricultural cooperative;
農業協同組合
Article 2, paragraph (2), item (ix)
a federation of agricultural cooperatives;
農業協同組合連合会
Article 2, paragraph (2), item (x)
a fishery cooperative;
漁業協同組合
Article 2, paragraph (2), item (xi)
a federation of fishery cooperatives;
漁業協同組合連合会
Article 2, paragraph (2), item (xii)
a fishery processing cooperative;
水産加工業協同組合
Article 2, paragraph (2), item (xiii)
a federation of fishery processing cooperatives;
水産加工業協同組合連合会
Article 2, paragraph (2), item (xiv)
Norinchukin Bank;
農林中央金庫
Article 2, paragraph (2), item (xv)
Shoko Chukin Bank, Ltd.;
株式会社商工組合中央金庫
Article 2, paragraph (2), item (xvi)
Development Bank of Japan Inc.;
株式会社日本政策投資銀行
Article 2, paragraph (2), item (xvii)
an insurance company;
保険会社
Article 2, paragraph (2), item (xviii)
a foreign insurance company, etc. prescribed in Article 2, paragraph (7) of the Insurance Business Act (Act No. 105 of 1995);
保険業法(平成七年法律第百五号)第二条第七項に規定する外国保険会社等
Article 2, paragraph (2), item (xix)
a small amount and short term insurance business operator prescribed in Article 2, paragraph (18) of the Insurance Business Act;
保険業法第二条第十八項に規定する少額短期保険業者
Article 2, paragraph (2), item (xx)
a federation of fishery cooperatives for mutual aid;
共済水産業協同組合連合会
Article 2, paragraph (2), item (xxi)
a financial instruments business operator prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act (Act No. 25 of 1948);
金融商品取引法(昭和二十三年法律第二十五号)第二条第九項に規定する金融商品取引業者
Article 2, paragraph (2), item (xxii)
a securities finance company prescribed in Article 2, paragraph (30) of the Financial Instruments and Exchange Act;
金融商品取引法第二条第三十項に規定する証券金融会社
Article 2, paragraph (2), item (xxiii)
a person that has made a notification of special business activities prescribed in Article 63, paragraph (5) of the Financial Instruments and Exchange Act;
金融商品取引法第六十三条第五項に規定する特例業務届出者
Article 2, paragraph (2), item (xxiv)
a person that has made a notification of special business activities for foreign investors, etc. prescribed in Article 63-9, paragraph (4) of the Financial Instruments and Exchange Act;
金融商品取引法第六十三条の九第四項に規定する海外投資家等特例業務届出者
Article 2, paragraph (2), item (xxv)
a trust company;
信託会社
Article 2, paragraph (2), item (xxvi)
a person that has obtained the registration under Article 50-2, paragraph (1) of the Trust Business Act (Act No. 154 of 2004);
信託業法(平成十六年法律第百五十四号)第五十条の二第一項の登録を受けた者
Article 2, paragraph (2), item (xxvii)
a specified joint real estate venture operator prescribed in Article 2, paragraph (5) of the Act on Specified Joint Real Estate Ventures (Act No. 77 of 1994) (including a trust company or a financial institution that has obtained the authorization under Article 1, paragraph (1) of the Act on Engagement in Trust Business by Financial Institutions (Act No. 43 of 1943) and that engages in the specified joint real estate venture prescribed in Article 2, paragraph (4) of the Act on Specified Joint Real Estate Ventures), a small-scale specified joint real estate venture operator prescribed in paragraph (7) of that Article, a special business operator prescribed in paragraph (9) of that Article, or a qualified special investor-limited business operator prescribed in paragraph (11) of that Article;
a money lender prescribed in Article 2, paragraph (2) of the Money Lending Business Act (Act No. 32 of 1983);
貸金業法(昭和五十八年法律第三十二号)第二条第二項に規定する貸金業者
Article 2, paragraph (2), item (xxx)
a person specified by Cabinet Order out of the persons prescribed in Article 2, paragraph (1), item (v) of the Money Lending Business Act;
貸金業法第二条第一項第五号に規定する者のうち政令で定める者
Article 2, paragraph (2), item (xxx-2)
an issuer of prepaid payment instruments prescribed in Article 2, paragraph (1) of the Payment Services Act (Act No. 59 of 2009) that has made the notification under Article 11-2, paragraph (1) of that Act;
a credit cooperative electronic payment handling service provider prescribed in Article 6-4-4, paragraph (1) of the Act on Financial Businesses by Cooperative (Act No. 183 of 1949);
a cryptoasset exchange service provider prescribed in Article 2, paragraph (16) of the Payment Services Act;
資金決済に関する法律第二条第十六項に規定する暗号資産交換業者
Article 2, paragraph (2), item (xxxiii)
a commodity derivatives business operator prescribed in Article 2, paragraph (23) of the Commodity Derivatives Transaction Act (Act No. 239 of 1950);
商品先物取引法(昭和二十五年法律第二百三十九号)第二条第二十三項に規定する商品先物取引業者
Article 2, paragraph (2), item (xxxiv)
a book-entry transfer institution prescribed in Article 2, paragraph (2) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001) (including the Bank of Japan, which is deemed to be a book-entry transfer institution pursuant to Article 48 of that Act);
an account management institution prescribed in Article 2, paragraph (4) of the Act on Book-Entry Transfer of Corporate Bonds and Shares;
社債、株式等の振替に関する法律第二条第四項に規定する口座管理機関
Article 2, paragraph (2), item (xxxvi)
an electronic monetary claim recording institution prescribed in Article 2, paragraph (2) of the Electronically Recorded Monetary Claims Act (Act No. 102 of 2007);
電子記録債権法(平成十九年法律第百二号)第二条第二項に規定する電子債権記録機関
Article 2, paragraph (2), item (xxxvii)
the Organization for Postal Savings, Postal Life Insurance and Post Office Network, Independent Administrative Agency;
独立行政法人郵便貯金簡易生命保険管理・郵便局ネットワーク支援機構
Article 2, paragraph (2), item (xxxviii)
a person that conducts currency exchange business in Japan (meaning the business of buying and selling foreign currency (meaning currency other than Japanese currency) or traveler's checks);
a person that conducts the business of purchasing machinery or other articles designated by a customer and leasing them to that customer (limited to leasing specified by Cabinet Order);
a person that conducts the business of delivering or granting to a person who intends to purchase goods or rights from a specific seller, or to receive services for consideration from a specific service provider (meaning a person that conducts the business of provision of services; hereinafter the same applies in this item) by presenting or notifying a card or other article, or a number, mark or other code (hereinafter referred to as a "credit card, etc."), by means of which that person can do so (hereinafter referred to as a "customer as user"), and, when that customer as user has presented or notified that credit card, etc. and thereby purchased goods or rights from a specific seller or received services for consideration from a specific service provider, delivering to that seller or service provider, directly or via a third party, money equivalent to the price of those goods or rights or the consideration for those services, and also receiving from that customer as user money in the total amount of that price or consideration by a time determined in advance, or receiving, at each time determined in advance, money in an amount calculated on the basis of that total amount by a method determined in advance;
a casino business operator prescribed in Article 2, paragraph (9) of the Act on Development of Specified Integrated Resort Districts (Act No. 80 of 2018);
特定複合観光施設区域整備法(平成三十年法律第八十号)第二条第九項に規定するカジノ事業者
Article 2, paragraph (2), item (xlii)
a real estate broker prescribed in Article 2, item (iii) of the Real Estate Brokerage Act (Act No. 176 of 1952) (including a trust company or a financial institution that has obtained the authorization under Article 1, paragraph (1) of the Act on Engagement in Trust Business by Financial Institutions and that engages in the real estate brokerage business prescribed in Article 2, item (ii) of the Real Estate Brokerage Act (referred to simply as "real estate brokerage business" in the Appended Table) (referred to as a "deemed real estate broker" in Article 22, paragraph (1), item (xvi)));
a person that, as a business, buys and sells gold, platinum or other precious metals specified by Cabinet Order, diamonds or other gems specified by Cabinet Order, or products made of these (hereinafter referred to as "precious metals, etc.");
a person that conducts the business of providing services to a customer by permitting that customer to use the location of the person's residence or office as a place where the customer receives postal items (including correspondence delivery items prescribed in Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) and freight similar to postal items in size and weight; the same applies hereinafter) or to use the person's telephone number as the customer's contact telephone number, and by receiving, at that residence or office, postal items addressed to that customer and handing them over to that customer, or by receiving telephone calls (including communications by facsimile machine; the same applies hereinafter) to that telephone number addressed to that customer and communicating their content to that customer, or by automatically forwarding telephone calls to that telephone number addressed to or from that customer to a telephone number designated by that customer;
an attorney (including a registered foreign lawyer) or a legal professional corporation (including a registered foreign lawyer corporation and a joint corporation of attorneys and registered foreign lawyers);
a judicial scrivener or a judicial scrivener corporation;
司法書士又は司法書士法人
Article 2, paragraph (2), item (xlvii)
a certified administrative procedures legal specialist or a certified administrative procedures legal specialist corporation;
行政書士又は行政書士法人
Article 2, paragraph (2), item (xlviii)
a certified public accountant (including a foreign certified public accountant prescribed in Article 16-2, paragraph (5) of the Certified Public Accountants Act (Act No. 103 of 1948)) or an audit corporation;
a certified public tax accountant or a certified public tax accountant corporation;
税理士又は税理士法人
Article 2, paragraph (3)
In this Act, "customer, etc." means a customer (or, for a specified business operator listed in item (xl) of the preceding paragraph, a customer as user) or a person equivalent thereto specified by Cabinet Order.
Responsibilities of the National Public Safety Commission, etc.(国家公安委員会の責務等)
Article 3, paragraph (1)
In order to ensure that measures such as verification of the identification data, etc. of customers, etc. by specified business operators, preservation of transaction records, etc., and notification of suspicious transactions, etc. are properly taken, the National Public Safety Commission is to carry out, for specified business operators, the provision of information on the methods relating to the transfer of criminal proceeds and other assistance, and is to endeavor to deepen the public's understanding of the importance of prevention of transfer of criminal proceeds.
The National Public Safety Commission is to collect, organize and analyze promptly and accurately information on suspicious transactions notified by specified business operators and other information on criminal proceeds, so that such information is effectively utilized for the investigation of criminal cases, the investigation of violation cases, and international information exchange and other cooperation concerning prevention of transfer of criminal proceeds.
The National Public Safety Commission is to, every year, conduct research and analysis on the methods relating to the transfer of criminal proceeds and other aspects of the state of transfer of criminal proceeds, and then prepare and publish a criminal proceeds transfer risk assessment report stating, for each type of transaction conducted by specified business operators and other business operators, the degree of risk of transfer of criminal proceeds through that transaction and other results of that research and analysis.
When the National Public Safety Commission finds it necessary in order to collect, organize and analyze information under the provisions of paragraph (2) and to conduct the research and analysis under the provisions of the preceding paragraph, it may request relevant administrative organs, specified business operators and other relevant persons to cooperate by submitting materials, expressing opinions, giving explanations and in other necessary ways.
In addition to what is provided for in the preceding paragraph, the National Public Safety Commission and other relevant administrative organs and the relevant organs of local governments are to cooperate with each other on prevention of transfer of criminal proceeds.
Chapter II Measures by Specified Business Operators第二章 特定事業者による措置
Article 4第四条
Verification at the Time of Transaction, etc.(取引時確認等)
Article 4, paragraph (1)
A specified business operator (excluding a specified business operator listed in Article 2, paragraph (2), item (xlv) (referred to as an "attorney, etc." in Article 12); the same applies hereinafter) must, when conducting with a customer, etc. a transaction specified in the right-hand column of the Appended Table (referred to as a "specified transaction" in item (ii) of the following paragraph, excluding one that falls under the transactions prescribed in the first sentence of that paragraph) out of the business specified in the middle column of that table (hereinafter referred to as "specified business") corresponding to the category of specified business operator listed in the left-hand column of that table, verify the following matters concerning that customer, etc. by the method specified by order of the competent ministry.
identification data (meaning, for a natural person, the name, residence (for a foreign national who has no residence in Japan and is specified by Cabinet Order, the matters specified by order of the competent ministry) and date of birth, and for a corporation, the name and the location of its head office or principal office; the same applies hereinafter);
in the case where the customer, etc. is a natural person, the occupation, and in the case where the customer, etc. is a corporation, the content of its business;
当該顧客等が自然人である場合にあっては職業、当該顧客等が法人である場合にあっては事業の内容
Article 4, paragraph (1), item (iv)
in the case where the customer, etc. is a corporation and there is a person specified by order of the competent ministry as being in a relationship that makes it possible to substantially control the management of its business, the identification data of that person.
A specified business operator must, when conducting with a customer, etc. a transaction falling under any of the following items out of its specified business, verify, as provided by order of the competent ministry, with respect to that customer, etc., the matters set out in the items of the preceding paragraph and, in the case where the transaction involves a transfer of property whose value exceeds the amount specified by Cabinet Order, the status of assets and income (for a specified business operator listed in Article 2, paragraph (2), item (xlvi), the matters set out in the items of the preceding paragraph). In this case, the verification of the matters set out in item (i) of that paragraph conducted upon a transaction listed in item (i), (a) or (b) is to be conducted by a method different from the method of verifying those matters taken when the related verification at the time of transaction prescribed in item (i), (a) or (b) was conducted, and the verification of the status of assets and income is to be conducted to the extent necessary for judging whether the case falls under one where notification under Article 8, paragraph (1) or (2) is to be made.
a transaction specified by Cabinet Order as falling under any of the following:
次のいずれかに該当する取引として政令で定めるもの
Article 4, paragraph (2), item (i), (a)
a transaction where the counterparty to the transaction is suspected of impersonating the customer, etc. or representative, etc. (meaning the representative, etc. prescribed in paragraph (6); the same applies in (b)) concerned in the verification under the preceding paragraph or this paragraph (including where these provisions are applied with replacement of terms pursuant to paragraph (5)) or paragraph (4) conducted at the time of another transaction related to that transaction (referred to as "related verification at the time of transaction" in (b));
a transaction with a customer, etc. suspected of having misrepresented the matters relating to the related verification at the time of transaction when it was conducted (including a customer, etc. whose representative, etc. is suspected of having misrepresented those matters).
among specified transactions, one with a customer, etc. who resides or is located in a country or region specified by Cabinet Order as one found not to have sufficiently established a system for prevention of transfer of criminal proceeds (hereinafter in this item referred to as a "specified country, etc."), or otherwise one involving a transfer of property to a person who resides or is located in a specified country, etc.;
in addition to those set out in the preceding two items, a transaction specified by Cabinet Order as one found to have a particularly high need for strict customer management for the prevention of transfer of criminal proceeds.
The provisions of paragraph (1) do not apply to a transaction specified by Cabinet Order out of the transactions with a customer, etc. for whom the specified business operator has already conducted, at the time of another transaction, the verification under the provisions of that paragraph or the preceding paragraph (including where these provisions are applied with replacement of terms pursuant to paragraph (5)) (limited to a verification for which it has prepared, and is preserving, a verification record under Article 6) and the transactions specified by Cabinet Order as equivalent to them.
When a specified business operator conducts the verification under the provisions of paragraph (1) or (2) concerning a customer, etc., in the case where the representative of a company conducts with that specified business operator, on behalf of that company, a transaction prescribed in paragraph (1) or the first sentence of paragraph (2) (hereinafter referred to as a "specified transaction, etc."), or otherwise where the natural person actually in charge of the specified transaction, etc. with that specified business operator differs from that customer, etc. (excluding the case prescribed in the following paragraph), it must, in addition to that verification of that customer, etc., also verify the identification data of the natural person in charge of that specified transaction, etc., as provided by order of the competent ministry.
Where the natural person actually in charge of a specified transaction, etc. with a specified business operator differs from the customer, etc., and that customer, etc. is the State, a local government, an association or foundation without juridical personality, or another person specified by Cabinet Order (hereinafter in this paragraph referred to as "State, etc."), for the purpose of applying the provisions of paragraph (1) or (2), the words set out in column 3 of the following table in the provisions set out in column 2 of that table are deemed to be replaced with the words set out in column 4 of that table, respectively, according to the category of customer, etc. set out in column 1 of that table.
State, etc. (excluding associations or foundations without juridical personality)
paragraph (1)
the following matters
the matters set out in item (i)
paragraph (1), item (i)
identification data
the identification data of the natural person actually in charge of the specified transaction, etc. with that specified business operator
paragraph (2)
the matters set out in the items of the preceding paragraph and, in the case where the transaction involves a transfer of property whose value exceeds the amount specified by Cabinet Order, the status of assets and income (for a specified business operator listed in Article 2, paragraph (2), item (xlvi), the matters set out in the items of the preceding paragraph)
the matters set out in item (i) of the preceding paragraph
Association or foundation without juridical personality
paragraph (1)
the following matters
the matters set out in items (i) through (iii)
paragraph (1), item (i)
identification data
the identification data of the natural person actually in charge of the specified transaction, etc. with that specified business operator
paragraph (1), item (iii)
in the case where the customer, etc. is a natural person, the occupation, and in the case where the customer, etc. is a corporation, the content of its business
the content of its business
paragraph (2)
the matters set out in the items of the preceding paragraph and, in the case where the transaction involves a transfer of property whose value exceeds the amount specified by Cabinet Order, the status of assets and income (for a specified business operator listed in Article 2, paragraph (2), item (xlvi), the matters set out in the items of the preceding paragraph)
the matters set out in items (i) through (iii) of the preceding paragraph
A customer, etc. and a representative, etc. (meaning the natural person actually in charge of the specified transaction, etc. prescribed in the preceding two paragraphs; the same applies hereinafter) must not, when a specified business operator conducts the verification under the provisions of paragraph (1) or (2) (including where these provisions are applied with replacement of terms pursuant to the preceding paragraph) or paragraph (4) (hereinafter referred to as "verification at the time of transaction"), misrepresent to that specified business operator the matters relating to that verification at the time of transaction.
Exemption of Specified Business Operators(特定事業者の免責)
Article 5, paragraph (1)
When a customer, etc. or representative, etc. does not comply with verification at the time of transaction upon conducting a specified transaction, etc., the specified business operator may refuse to perform the obligations relating to that specified transaction, etc. until that customer, etc. or representative, etc. complies.
Obligation to Prepare Verification Records, etc.(確認記録の作成義務等)
Article 6, paragraph (1)
When a specified business operator has conducted verification at the time of transaction, it must immediately prepare, by the method specified by order of the competent ministry, a record (hereinafter referred to as a "verification record") of the matters relating to that verification at the time of transaction, the measures taken for that verification at the time of transaction, and other matters specified by order of the competent ministry.
A specified business operator must preserve a verification record for seven years from the day on which the contract relating to the specified transaction, etc. terminated or another day specified by order of the competent ministry.
Obligation to Prepare Transaction Records, etc.(取引記録等の作成義務等)
Article 7, paragraph (1)
A specified business operator (excluding a specified business operator prescribed in the following paragraph) must, in the case where it has conducted a transaction pertaining to specified business, except for a transaction of a small amount or other transaction specified by Cabinet Order, immediately prepare, by the method specified by order of the competent ministry, a record of the matters for searching the verification record of the customer, etc., the date and content of that transaction, and other matters specified by order of the competent ministry.
A specified business operator listed in Article 2, paragraph (2), items (xlvi) through (xlix) must, in the case where it has carried out agency, etc. for specified mandated acts (meaning the agency, etc. for specified mandated acts prescribed in the middle column of the row for the persons listed in Article 2, paragraph (2), item (xlvi) in the Appended Table; the same applies hereinafter in this Article and in paragraph (2) of the following Article), except for agency, etc. for specified mandated acts specified by Cabinet Order, such as agency for the disposition of property of small value, immediately prepare, by the method specified by order of the competent ministry, a record of the matters for searching the verification record of the customer, etc., the date and content of that agency, etc. for specified mandated acts, and other matters specified by order of the competent ministry.
A specified business operator must preserve the records prescribed in the preceding two paragraphs (hereinafter referred to as "transaction records, etc.") for seven years from the day on which the transaction or the agency, etc. for specified mandated acts was carried out.
A specified business operator (excluding a specified business operator listed in Article 2, paragraph (2), items (xlvi) through (xlix)) must, with regard to a transaction pertaining to specified business, determine whether there is a suspicion that property received in that transaction is criminal proceeds, or that the customer, etc. is committing, in relation to that transaction, an act constituting the offense under Article 10 of the Organized Crime Punishment Act or the offense under Article 6 of the Narcotics Special Provisions Act, and if it finds that there is such a suspicion, must promptly notify the administrative agency of the matters specified by Cabinet Order, as provided by Cabinet Order.
A specified business operator listed in Article 2, paragraph (2), items (xlvii) through (xlix) must, with regard to agency, etc. for specified mandated acts, determine whether there is a suspicion that property received in that agency, etc. for specified mandated acts is criminal proceeds, or that the customer, etc. is committing, in relation to that agency, etc. for specified mandated acts, an act constituting the offense under Article 10 of the Organized Crime Punishment Act or the offense under Article 6 of the Narcotics Special Provisions Act, and if it finds that there is such a suspicion, must promptly notify the administrative agency of the matters specified by Cabinet Order, as provided by Cabinet Order. However, this does not apply if those matters include matters that must not be divulged under the provisions of the Act specified in the respective items below in accordance with the category of specified business operator listed in the respective items.
a specified business operator listed in Article 2, paragraph (2), item (xlvii): Article 12 of the Certified Administrative Procedures Legal Specialist Act (Act No. 4 of 1951);
第二条第二項第四十七号に掲げる特定事業者 行政書士法(昭和二十六年法律第四号)第十二条
Article 8, paragraph (2), item (ii)(疑わしい取引の届出等)
a specified business operator listed in Article 2, paragraph (2), item (xlviii): Article 27 of the Certified Public Accountants Act (including as applied mutatis mutandis pursuant to Article 16-2, paragraph (6) of that Act);
a specified business operator listed in Article 2, paragraph (2), item (xlix): Article 38 of the Certified Public Tax Accountant Act (Act No. 237 of 1951).
第二条第二項第四十九号に掲げる特定事業者 税理士法(昭和二十六年法律第二百三十七号)第三十八条
Article 8, paragraph (3)(疑わしい取引の届出等)
The determination under the preceding two paragraphs must be made in light of the results of the verification at the time of transaction pertaining to the transaction under paragraph (1) or the agency, etc. for specified mandated acts under the preceding paragraph (hereinafter in this paragraph referred to as "transaction, etc."), the mode of that transaction, etc. and other circumstances, and the contents of the criminal proceeds transfer risk assessment report prescribed in Article 3, paragraph (3), and by a method of checking whether there is anything suspicious about that transaction, etc. in accordance with the items specified by order of the competent ministry, or by another method specified by order of the competent ministry.
A specified business operator (including its officers and employees) must not divulge the fact that it is about to make or has made a notification under the provisions of paragraph (1) or (2) (hereinafter referred to as a "suspicious transaction report") to the customer, etc. pertaining to that suspicious transaction report or to a person related to that person.
Article 8, paragraph (5)(疑わしい取引の届出等)Notification of Suspicious Transactions, etc.Changed
When an administrative agency (limited to a prefectural governor or a Prefectural Public Safety Commission (hereinafter referred to as a "Public Safety Commission")) has received a suspicious transaction report, it is to promptly notify the competent minister of the matters pertaining to that suspicious transaction report.
Article 8, paragraph (6)(疑わしい取引の届出等)Notification of Suspicious Transactions, etc.Changed
When an administrative agency (excluding a prefectural governor and a Prefectural Public Safety Commission) or the competent minister prescribed in the preceding paragraph (excluding the National Public Safety Commission) has received a suspicious transaction report or a notification under that paragraph, it is to promptly notify the National Public Safety Commission of the matters pertaining to that suspicious transaction report or notification.
Verification at the Time of Concluding a Contract with a Foreign-Based Exchange Transaction Operator(外国所在為替取引業者との契約締結の際の確認)
Article 9, paragraph (1)
A specified business operator (limited to a specified business operator listed in Article 2, paragraph (2), items (i) through (xv) and item (xxxi); the same applies in the following Article) must, when concluding with a foreign-based exchange transaction operator (meaning a person that is located in a foreign country (meaning a country or region outside Japan; the same applies hereinafter) and engages in funds transfer transactions as a business; the same applies hereinafter) a contract the content of which is to carry out funds transfer transactions on an ongoing basis or repeatedly, verify the following matters concerning that foreign-based exchange transaction operator by the method specified by order of the competent ministry.
The foreign-based exchange transaction operator has established a system that conforms to the standards specified by order of the competent ministry as necessary for accurately carrying out measures equivalent to verification at the time of transaction, etc., including that it has placed the business offices and other facilities necessary for accurately carrying out measures equivalent to the measures under the provisions of Article 4, the preceding three Articles and the following Article (hereinafter in this item referred to as "measures equivalent to verification at the time of transaction, etc."), and a person who supervises and manages the implementation of measures equivalent to verification at the time of transaction, etc., in the country in which the foreign-based exchange transaction operator is located or in a foreign country other than that country, and that, with respect to the implementation of measures equivalent to verification at the time of transaction, etc., it is in a state of being under appropriate supervision by an authority of the country in which it is located or a foreign authority of that foreign country that performs duties equivalent to the duties of the administrative agencies prescribed in Articles 15 through 18 (referred to in the following item simply as "state of being under supervision");
The foreign-based exchange transaction operator has not concluded a contract the content of which is to carry out funds transfer transactions on an ongoing basis or repeatedly with a person that engages in funds transfer transactions as a business and that is not in a state of being under supervision.
Obligation to Notify Concerning Foreign Funds Transfer Transactions(外国為替取引に係る通知義務)
Article 10, paragraph (1)
When a specified business operator carries out with a customer a funds transfer transaction pertaining to a payment from Japan to a foreign country (excluding a country or region specified by Cabinet Order; the same applies hereinafter in this Article) (excluding one by a method specified by Cabinet Order, such as issuance of a check) and entrusts that payment to another specified business operator or a foreign-based exchange transaction operator (excluding one located in the country or region specified by Cabinet Order; the same applies hereinafter in this Article), it must do so by notifying them of the identification data on that customer and on the other party to that customer's payment and other matters specified by order of the competent ministry.
When a specified business operator has been entrusted or further entrusted with a payment from Japan to a foreign country upon receiving a notification from another specified business operator under the provisions of the preceding paragraph or this paragraph, and further entrusts that payment to another specified business operator or a foreign-based exchange transaction operator, it must do so by notifying them of the matters pertaining to that notification.
When a specified business operator has been entrusted or further entrusted with a payment from a foreign country to Japan or from a foreign country to another foreign country upon receiving a notification from a foreign-based exchange transaction operator under the provisions of foreign laws and regulations equivalent to the provisions of this Article, and further entrusts that payment to another specified business operator or a foreign-based exchange transaction operator, it must do so by notifying them of the matters pertaining to that notification (limited to those specified by order of the competent ministry).
When a specified business operator has further entrusted a payment from a foreign country to Japan or from a foreign country to another foreign country upon receiving a notification from another specified business operator under the provisions of the preceding paragraph or this paragraph, and further entrusts that payment to another specified business operator or a foreign-based exchange transaction operator, it must do so by notifying them of the matters pertaining to that notification (limited to those specified by order of the competent ministry).
Article 10-2, paragraph (1)(外国所在電子決済手段等取引業者との契約締結の際の確認)Verification at the Time of Concluding a Contract with a Foreign-Based Electronic Payment Instruments Service ProviderChanged
A specified business operator (limited to a specified business operator listed in Article 2, paragraph (2), item (xxxi)-2 and a specified business operator listed in items (i) through (xv), item (xxv) and item (xxxi) of that paragraph that is deemed to be an electronic payment instruments service provider prescribed in Article 2, paragraph (12) of the Payment Services Act pursuant to Article 62-8, paragraph (2) of that Act; hereinafter referred to as an "electronic payment instruments service provider" in the following Article and Article 22, paragraph (2), item (ii)) ) must, when concluding with a foreign-based electronic payment instruments service provider (meaning a person that is located in a foreign country and engages in business of the same type as electronic payment instrument-related business (meaning electronic payment instrument-related business prescribed in Article 2, paragraph (11) of that Act); the same applies hereinafter in this Article) a contract the content of which is to carry out transfers of electronic payment instruments (meaning electronic payment instruments prescribed in Article 2, paragraph (5) of that Act, excluding specified trust beneficiary rights prescribed in paragraph (9) of that Article (limited to those pertaining to a beneficiary certificate issuing trust prescribed in Article 185, paragraph (3) of the Trust Act (Act No. 108 of 2006) and not falling under bearer beneficiary rights prescribed in Article 110, paragraph (3) of that Act); the same applies hereinafter) (excluding those accompanying the exchange, etc. of electronic payment instruments prescribed in Article 2, paragraph (10) of that Articlethe Payment Services Act; the same applies hereinafter) on an ongoing basis or repeatedly, verify the following matters concerning that foreign-based electronic payment instruments service provider by the method specified by order of the competent ministry.
The foreign-based electronic payment instruments service provider has established a system that conforms to the standards specified by order of the competent ministry as necessary for accurately carrying out measures equivalent to verification at the time of transaction, etc., including that it has placed the business offices and other facilities necessary for accurately carrying out measures equivalent to the measures under the provisions of Article 4, Articles 6 through 8 and the following Article (hereinafter in this item referred to as "measures equivalent to verification at the time of transaction, etc."), and a person who supervises and manages the implementation of measures equivalent to verification at the time of transaction, etc., in the country in which the foreign-based electronic payment instruments service provider is located or in a foreign country other than that country, and that, with respect to the implementation of measures equivalent to verification at the time of transaction, etc., it is in a state of being under appropriate supervision by an authority of the country in which it is located or a foreign authority of that foreign country that performs duties equivalent to the duties of the administrative agencies prescribed in Articles 15 through 18 (referred to in the following item simply as "state of being under supervision");
The foreign-based electronic payment instruments service provider has not concluded a contract the content of which is to carry out transfers of electronic payment instruments on an ongoing basis or repeatedly with a foreign-based electronic payment instruments service provider that is not in a state of being under supervision.
Obligation to Notify Concerning Transfers of Electronic Payment Instruments(電子決済手段の移転に係る通知義務)
Article 10-3, paragraph (1)
An electronic payment instruments service provider must, in the case where it carries out a transfer of electronic payment instruments at the request of a customer, when it makes that transfer to a receiving customer (meaning a person that receives that transfer and that has entrusted the management of electronic payment instruments to another electronic payment instruments service provider or a foreign electronic payment instruments service provider (meaning a foreign electronic payment instruments service provider prescribed in Article 2, paragraph (13) of the Payment Services Act, excluding one located in a country or region specified by Cabinet Order) (hereinafter in this Article referred to as "other electronic payment instruments service provider, etc.") as a customer of that other electronic payment instruments service provider, etc.; the same applies hereinafter in this Article and Article 22, paragraph (2), item (ii)), or when it entrusts that transfer to a receiving customer to another electronic payment instruments service provider, etc., carry out the transfer by notifying the identification data on the customer who made the request and on the receiving customer and other matters specified by order of the competent ministry to the other electronic payment instruments service provider, etc. that manages the electronic payment instruments pertaining to that transfer for that receiving customer (excluding the person that has been entrusted as stated above) or to the person that has been entrusted as stated above.
An electronic payment instruments service provider must, in the case where it has been entrusted or further entrusted with a transfer of electronic payment instruments upon receiving a notification from another electronic payment instruments service provider, etc. under the provisions of this Article or provisions of the laws and regulations of a foreign country equivalent thereto, when it makes that transfer to a receiving customer, or when it further entrusts that transfer to a receiving customer to another electronic payment instruments service provider, etc., carry out the transfer by notifying the matters pertaining to that notification (limited to those specified by order of the competent ministry) to the other electronic payment instruments service provider, etc. that manages the electronic payment instruments pertaining to that transfer for that receiving customer (excluding the person that has been further entrusted as stated above) or to the person that has been further entrusted as stated above.
Verification at the Time of Concluding a Contract with a Foreign-Based Cryptoasset Exchange Service Provider(外国所在暗号資産交換業者との契約締結の際の確認)
Article 10-4, paragraph (1)
A specified business operator listed in Article 2, paragraph (2), item (xxxii) (hereinafter referred to as a "cryptoasset exchange service provider") must, when entering into a contract with a foreign-based cryptoasset exchange service provider (meaning a person that is located in a foreign country and engages in business of the same type as cryptoasset exchange services (meaning cryptoasset exchange services prescribed in Article 2, paragraph (15) of the Payment Services Act); the same applies hereinafter in this Article) the content of which is to carry out transfers of cryptoassets (meaning cryptoassets prescribed in Article 2, paragraph (14) of that Act; the same applies hereinafter) (excluding those accompanying the exchange, etc. of cryptoassets prescribed in Article 2, paragraph (15) of that Act; the same applies hereinafter) on an ongoing basis or repeatedly, verify the following matters concerning that foreign-based cryptoasset exchange service provider by the method specified by order of the competent ministry.
The foreign-based cryptoasset exchange service provider has established a system that conforms to the standards specified by order of the competent ministry as necessary for accurately carrying out measures equivalent to verification at the time of transaction, etc., including that it has placed the business offices and other facilities necessary for accurately carrying out measures equivalent to the measures under the provisions of Article 4, Articles 6 through 8 and the following Article (hereinafter in this item referred to as "measures equivalent to verification at the time of transaction, etc."), and a person who supervises and manages the implementation of measures equivalent to verification at the time of transaction, etc., in the country in which the foreign-based cryptoasset exchange service provider is located or in a foreign country other than that country, and that, with respect to the implementation of measures equivalent to verification at the time of transaction, etc., it is in a state of being under appropriate supervision by an authority of the country in which it is located or a foreign authority of that foreign country that performs duties equivalent to the duties of the administrative agencies prescribed in Articles 15 through 18 (referred to in the following item simply as "state of being under supervision");
The foreign-based cryptoasset exchange service provider has not entered into a contract the content of which is to carry out transfers of cryptoassets on an ongoing basis or repeatedly with a foreign-based cryptoasset exchange service provider that is not in a state of being under supervision.
Obligation to Notify Concerning Transfers of Cryptoassets(暗号資産の移転に係る通知義務)
Article 10-5, paragraph (1)
A cryptoasset exchange service provider must, in the case where it carries out a transfer of cryptoassets at the request of a customer, when it makes that transfer to a receiving customer (meaning a person that receives that transfer and that has entrusted the management of cryptoassets to another cryptoasset exchange service provider or a foreign cryptoasset exchange service provider (meaning a foreign cryptoasset exchange service provider prescribed in Article 2, paragraph (17) of the Payment Services Act, excluding one located in a country or region specified by Cabinet Order) (hereinafter in this Article referred to as "other cryptoasset exchange service provider, etc.") as a customer of that other cryptoasset exchange service provider, etc.; the same applies hereinafter in this Article and Article 22, paragraph (2), item (iii)), or when it entrusts that transfer to a receiving customer to another cryptoasset exchange service provider, etc., carry out the transfer by notifying the identification data on the customer who made the request and on the receiving customer and other matters specified by order of the competent ministry to the other cryptoasset exchange service provider, etc. that manages the cryptoassets pertaining to that transfer for that receiving customer (excluding the person that has been entrusted as stated above) or to the person that has been entrusted as stated above.
A cryptoasset exchange service provider must, in the case where it has been entrusted or further entrusted with a transfer of cryptoassets upon receiving a notification from another cryptoasset exchange service provider, etc. under the provisions of this Article or provisions of the laws and regulations of a foreign country equivalent thereto, when it makes that transfer to a receiving customer, or when it further entrusts that transfer to a receiving customer to another cryptoasset exchange service provider, etc., carry out the transfer by notifying the matters pertaining to that notification (limited to those specified by order of the competent ministry) to the other cryptoasset exchange service provider, etc. that manages the cryptoassets pertaining to that transfer for that receiving customer (excluding the person that has been further entrusted as stated above) or to the person that has been further entrusted as stated above.
Measures for Accurate Implementation of Verification at the Time of Transaction, etc.(取引時確認等を的確に行うための措置)
Article 11, paragraph (1)
In order to accurately carry out measures such as verification at the time of transaction, preservation of transaction records, etc. and suspicious transaction reports (hereinafter in this Article referred to as "measures for verification at the time of transaction, etc."), a specified business operator is to take measures to keep up to date the information on the matters it has verified in the verification at the time of transaction, and must also endeavor to take the following measures.
Preparation of rules on the implementation of measures for verification at the time of transaction, etc.;
取引時確認等の措置の実施に関する規程の作成
Article 11, paragraph (1), item (iii)
Appointment of a person to supervise and manage audits and other operations necessary for the accurate implementation of measures for verification at the time of transaction, etc.;
取引時確認等の措置の的確な実施のために必要な監査その他の業務を統括管理する者の選任
Article 11, paragraph (1), item (iv)
Other measures specified by order of the competent ministry as measures to be taken in consideration of the contents of the criminal proceeds transfer risk assessment report prescribed in Article 3, paragraph (3).
Measures Equivalent to Verification at the Time of Transaction, etc. by Attorneys, etc.(弁護士等による取引時確認等に相当する措置)
Article 12, paragraph (1)
Measures equivalent to verification at the time of transaction, preparation and preservation of verification records, preparation and preservation of transaction records, etc., and measures for accurately carrying out these, by attorneys, etc. are as provided by the rules of the Japan Federation of Bar Associations, in line with the example of the specified business operators listed in Article 2, paragraph (2), item (xlvi).
The provisions of Article 5 apply mutatis mutandis to measures equivalent to verification at the time of transaction that attorneys, etc. take under the provisions of the rules of the Japan Federation of Bar Associations established pursuant to the provisions of the preceding paragraph.
The government and the Japan Federation of Bar Associations are to cooperate with each other with regard to the prevention of transfer of criminal proceeds.
政府及び日本弁護士連合会は、犯罪による収益の移転防止に関し、相互に協力するものとする。
Chapter III Provision of Information on Suspicious Transactions, etc.第三章 疑わしい取引に関する情報の提供等
Article 13第十三条
Provision of Information to Investigative Authorities, etc.(捜査機関等への情報提供等)
Article 13, paragraph (1)
If the National Public Safety Commission finds that matters pertaining to suspicious transaction reports, matters pertaining to notifications under the provisions of Article 109, paragraph (1) of the Act on Development of Specified Integrated Resort Districts, information provided by an authority of a foreign country that performs duties equivalent to the duties of the National Public Safety Commission prescribed in Article 8, this Article and the following Article, and the results of organizing or analyzing these (hereinafter referred to as "information on suspicious transactions") would contribute to the investigation of a criminal case or the investigation of a violation case pertaining to a crime listed in Article 2, paragraph (2), item (i), (a) or (b) of the Organized Crime Punishment Act or item (ii), (d) of that paragraph, a crime under Article 10, paragraph (3) of the Organized Crime Punishment Act, a crime listed in the items of Article 2, paragraph (2) of the Narcotics Special Provisions Act, or a crime under Article 6, paragraph (3) of the Narcotics Special Provisions Act, conducted by a public prosecutor, a public prosecutor's assistant officer or a judicial police official, or a relevant official of the National Tax Agency, a Regional Taxation Bureau or a tax office, a customs officer, a tax collection official, an official of the Japan Fair Trade Commission (limited to a person designated under Article 101, paragraph (1) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947)) or an official of the Securities and Exchange Surveillance Commission (hereinafter in this Article referred to as a "public prosecutor, etc."), the National Public Safety Commission is to provide that information to the public prosecutor, etc.
Where a public prosecutor, etc. finds it necessary for the investigation of a criminal case or the investigation of a violation case pertaining to a crime prescribed in the preceding paragraph, the public prosecutor, etc. may request the National Public Safety Commission to allow inspection or copying of the records of information on suspicious transactions, or to send a copy thereof.
Provision of Information to Foreign Authorities(外国の機関への情報提供)
Article 14, paragraph (1)
The National Public Safety Commission may provide to an authority of a foreign country prescribed in paragraph (1) of the preceding Article information on suspicious transactions that it finds would contribute to the performance of the duties of that authority (limited to duties equivalent to the duties of the National Public Safety Commission prescribed in Article 8, the preceding Article and this Article; the same applies in the following paragraph).
With regard to the provision of information on suspicious transactions under the preceding paragraph, appropriate measures must be taken so that the information on suspicious transactions is not used for any purpose other than the performance of the duties of the authority of a foreign country prescribed in paragraph (1) of the preceding Article and, unless there is consent under the following paragraph, is not used for the investigation (limited to that after the criminal facts that are its subject have been specified) or trial (hereinafter in this Article referred to as "investigation, etc.") of a criminal case of a foreign country.
When there is a request from a foreign country, the National Public Safety Commission may consent to the use of information on suspicious transactions provided under the provisions of paragraph (1) for the investigation, etc. of the criminal case pertaining to the request, except in a case falling under any of the following items.
the crime subject to the investigation, etc. of the criminal case pertaining to the request is a political crime or the request is found to have been made for the purpose of conducting the investigation, etc. of a political crime;
except as otherwise provided in an international commitment (meaning an international commitment concerning the provision of information on suspicious transactions under the provisions of paragraph (1); the same applies in paragraph (5)), supposing that the act pertaining to the crime subject to the investigation, etc. of the criminal case pertaining to the request had been committed in Japan, that act would not constitute a crime under the laws and regulations of Japan;
the foreign country that has made the request has not ensured that it will accept a similar request from Japan.
日本国が行う同種の要請に応ずる旨の要請国の保証がないとき。
Article 14, paragraph (4)
When giving the consent under the preceding paragraph, the National Public Safety Commission must obtain in advance the confirmation of the Minister of Justice that the case does not fall under item (i) or (ii) of that paragraph, and the confirmation of the Minister for Foreign Affairs that the case does not fall under item (iii) of that paragraph.
If the provision of information on suspicious transactions under the provisions of paragraph (1) is made on the basis of an international commitment that sets out the scope of the investigation, etc. of criminal cases of a foreign country (limited to investigation, etc. other than investigation, etc. concerning a political crime) in which information on suspicious transactions may be used, the consent under paragraph (3) is deemed to have been given for the use of that information on suspicious transactions within that scope.
An administrative agency may, to the extent necessary for the enforcement of this Act, request a specified business operator to submit reports or materials concerning its business.
An administrative agency may, to the extent necessary for the enforcement of this Act, have its officials enter the business offices or other facilities of a specified business operator, inspect books and documents and other articles, or question persons concerned about its business.
An official who conducts an on-site inspection under the provisions of the preceding paragraph must carry a certificate showing the official's status and present it when requested by a person concerned.
The authority to conduct an on-site inspection under paragraph (1) must not be interpreted as having been granted for the purpose of a criminal investigation.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解してはならない。
Article 16, paragraph (4)
The provisions of paragraph (1) do not apply to the Bank of Japan, which is a specified business operator.
第一項の規定は、特定事業者である日本銀行については、適用しない。
Article 17第十七条
Guidance(指導等)
Article 17, paragraph (1)
When an administrative agency finds it necessary in order to ensure the proper and smooth implementation of the measures to be taken by specified business operators as provided for in this Act, it may give necessary guidance, advice and recommendations to a specified business operator.
When an administrative agency finds that a specified business operator is in violation, in relation to its business, of the provisions of Article 4, paragraph (1) or (2) (including where these provisions are applied with replacement of terms pursuant to paragraph (5) of that Article) or paragraph (4) of that Article, Article 6, Article 7, Article 8, paragraphs (1) through (4), or Articles 9 through 10-5, it may order that specified business operator to take the measures necessary to rectify that violation.
Article 19, paragraph (1)(国家公安委員会の意見の陳述)Statement of Opinion by the National Public Safety CommissionChanged
When the National Public Safety Commission finds that a specified business operator is in violation, in relation to its business, of the provisions prescribed in the preceding Article, it may state its opinion to an administrative agency (excluding a Prefectural Public Safety Commission; the same applies hereinafter in this Article) to the effect that the agency should issue the order under the provisions of the preceding Article to that specified business operator or, in the case where a disposition such as suspension of business may be imposed on the ground of that violation under the provisions of other laws and regulations, that the agency should impose that disposition on that specified business operator.
The National Public Safety Commission may, to the extent necessary for stating its opinion under the provisions of the preceding paragraph, request a specified business operator to submit reports or materials concerning its business, or instruct a prefectural police that it finds appropriate to conduct necessary investigations.
Article 19, paragraph (3)(国家公安委員会の意見の陳述)Statement of Opinion by the National Public Safety CommissionChanged
The Superintendent General of the Metropolitan Police Department or the head of a Do, Fu or prefectural police headquarters (hereinafter referred to as the "Chief of Prefectural Police Headquarters") of the prefectural police that has received the instruction under the preceding paragraph may, when found to be particularly necessary for conducting the investigation under that paragraph, with the prior approval of the National Public Safety Commission, have its officials enter the business offices or other facilities of a specified business operator, inspect books and documents and other articles, or question persons concerned about its business. In this case, the provisions of Article 16, paragraphs (2) through (4) apply mutatis mutandis.
When the National Public Safety Commission intends to give the approval under the preceding paragraph, it must notify the administrative agency (or, where the administrative agency is a prefectural governor, that prefectural governor via the competent minister) to that effect in advance.
An administrative agency that has received the notification under the preceding paragraph may, as provided by Cabinet Order, request the National Public Safety Commission to hold the consultation necessary for coordinating the exercise of authority under the provisions of Article 16, paragraph (1) with the exercise of authority by the prefectural police under the provisions of paragraph (3). In this case, the National Public Safety Commission must comply with the request.
Article 19-2, paragraph (1)(犯罪利用防止措置用口座等の開設等)Opening, etc. of Accounts, etc. for Measures to Prevent Criminal UseAdded
In order to implement the measure under the provisions of the following Article (hereinafter referred to as a "measure to prevent criminal use of accounts, etc."), a police officer, under the direction of the Chief of Prefectural Police Headquarters of the prefectural police to which the police officer belongs, may present to the specified business operators listed in the following items a certificate proving the police officer's status and a document specified by National Public Safety Commission Rules (including a measure using an electronic data processing system or another method utilizing information and communications technology that is specified by National Public Safety Commission Rules as equivalent to such presentation), and request them to open or establish an account, etc. for measures to prevent criminal use (meaning an account or equivalent thereof (hereinafter referred to as an "account, etc.") that is opened or established under the contract prescribed in each of the following items between the Chief of Prefectural Police Headquarters and the specified business operator listed in that item in order to receive the provision of services pertaining to that contract, and with respect to which, as to the account holder and other matters of the account, etc. displayed or recorded on a passbook, card or other item pertaining to the account, etc., measures are taken so that the counterparty to the measure to prevent criminal use of accounts, etc. and other persons cannot infer that the account, etc. is used for the measure to prevent criminal use of accounts, etc.; the same applies hereinafter).
Article 19-2, paragraph (1), item (i)(犯罪利用防止措置用口座等の開設等)Opening, etc. of Accounts, etc. for Measures to Prevent Criminal UseAdded
a specified business operator listed in Article 2, paragraph (2), items (i) through (xv) and (xxxvii) (referred to as a "deposit-taking business operator" in Article 26, paragraph (1) and Article 32, paragraph (4), item (i)): a deposit contract prescribed in the right-hand column of the row for persons listed in Article 2, paragraph (2), items (i) through (xxxviii) in the Appended Table (referred to simply as a "deposit contract" in Article 26, paragraph (1));
Article 19-2, paragraph (1), item (ii)(犯罪利用防止措置用口座等の開設等)Opening, etc. of Accounts, etc. for Measures to Prevent Criminal UseAdded
a specified business operator listed in Article 2, paragraph (2), item (xxx)-2 (hereinafter referred to in this item and Article 27, paragraph (1) as an "issuer of high-value electronically transferable prepaid payment instruments"): a contract under which the issuer of high-value electronically transferable prepaid payment instruments allows a customer to use high-value electronically transferable prepaid payment instruments prescribed in Article 3, paragraph (8) of the Payment Services Act (referred to as a "contract for use of high-value electronically transferable prepaid payment instruments" in Article 27, paragraph (1));
Article 19-2, paragraph (1), item (iii)(犯罪利用防止措置用口座等の開設等)Opening, etc. of Accounts, etc. for Measures to Prevent Criminal UseAdded
a specified business operator listed in Article 2, paragraph (2), item (xxxi) (hereinafter referred to in this item and Article 28, paragraph (1) as a "funds transfer service provider"): a contract for receiving the provision of services relating to the remittance or receipt thereof by funds transfer transaction with the funds transfer service provider;
Article 19-2, paragraph (1), item (iv)(犯罪利用防止措置用口座等の開設等)Opening, etc. of Accounts, etc. for Measures to Prevent Criminal UseAdded
an electronic payment instruments service provider: a contract for performing the acts listed in the items of Article 2, paragraph (10) of the Payment Services Act (referred to as an "electronic payment instruments transaction contract" in Article 29, paragraph (1));
Article 19-2, paragraph (1), item (v)(犯罪利用防止措置用口座等の開設等)Opening, etc. of Accounts, etc. for Measures to Prevent Criminal UseAdded
a specified business operator listed in Article 2, paragraph (2), items (xxxi)-3 through (xxxi)-5 (referred to as an "electronic payment handling service provider, etc." in Article 30, paragraph (1)): a contract for performing the acts listed in the items of Article 2, paragraph (17) of the Banking Act, the items of Article 85-3, paragraph (2) of the Shinkin Bank Act, or the items of Article 6-4-3, paragraph (2) of the Act on Financial Businesses by Cooperative (referred to as an "electronic payment services use contract" in Article 30, paragraph (1));
Article 19-2, paragraph (1), item (vi)(犯罪利用防止措置用口座等の開設等)Opening, etc. of Accounts, etc. for Measures to Prevent Criminal UseAdded
a cryptoasset exchange service provider: a contract for performing the acts listed in the items of Article 2, paragraph (15) of the Payment Services Act (referred to as a "cryptoasset exchange contract" in Article 31, paragraph (1)).
Article 19-3, paragraph (1)(口座等犯罪利用防止措置の実施)Implementation of Measures to Prevent Criminal Use of Accounts, etc.Added
Where a police officer finds a person listed in the following items and finds it necessary to prevent deposit accounts, etc. (meaning accounts, etc. opened or established in order to receive the provision of services pertaining to the contract specified in each item of the preceding Article with the specified business operator listed in that item (hereinafter referred to in this Article and Article 32, paragraph (4) as "deposit contract services, etc."); the same applies hereinafter in this Article and Article 19-11, item (iii)) from being used for crimes, the police officer, under the direction of the Chief of Prefectural Police Headquarters of the prefectural police to which the police officer belongs, may take, with respect to that person, measures using accounts, etc. for measures to prevent criminal use or passbooks, etc. for measures to prevent criminal use in order to prevent the deposit accounts, etc. from being used for crimes, such as transferring, delivering or providing passbooks, cards, information necessary for receiving deposit contract services, etc., and other things necessary for receiving those deposit contract services, etc. pertaining to accounts, etc. for measures to prevent criminal use (hereinafter referred to as "passbooks, etc. for measures to prevent criminal use"), or accepting the entrustment of carrying out a property transfer using specified services prescribed in that paragraph (referred to simply as a "property transfer using specified services" in item (ii) and Article 19-6, paragraph (4), item (ii)) and providing information necessary for receiving property in accounts, etc. for measures to prevent criminal use (hereinafter referred to in this Article as "account-related information"). In this case, the police officer may, to the extent found necessary for properly implementing the measure, conceal or misrepresent the police officer's name, status and other matters, the fact that the passbooks, etc. for measures to prevent criminal use or the account-related information pertain to accounts, etc. for measures to prevent criminal use, and other facts pertaining to the measure.
Article 19-3, paragraph (1), item (i)(口座等犯罪利用防止措置の実施)Implementation of Measures to Prevent Criminal Use of Accounts, etc.Added
a person who solicits persons, or induces persons by advertisement or a similar method, to transfer, deliver or provide deposit passbooks, etc. prescribed in Article 26, paragraph (1), information for use of high-value electronically transferable prepaid payment instruments prescribed in Article 27, paragraph (1), exchange transaction cards, etc. prescribed in Article 28, paragraph (1), information for electronic payment instruments transactions prescribed in Article 29, paragraph (1), information for use of electronic payment services prescribed in Article 30, paragraph (1), or information for cryptoasset exchange prescribed in Article 31, paragraph (1) (excluding a person found to have a justifiable reason, such as that it is carried out as an ordinary commercial transaction or financial transaction);
Article 19-3, paragraph (1), item (ii)(口座等犯罪利用防止措置の実施)Implementation of Measures to Prevent Criminal Use of Accounts, etc.Added
a person who requests another person to carry out a property transfer using specified services for consideration, or induces persons by advertisement or a similar method to do so (excluding a person found to have the justifiable reason prescribed in the preceding item).
Article 19-4, paragraph (1)(特定事業者に対する協力の求め)Request for Cooperation from Specified Business OperatorsAdded
Where a police officer has taken a measure to prevent criminal use of accounts, etc. and finds it necessary, the police officer may request the specified business operators listed in the items of Article 19-2 for the provision of information on transactions pertaining to accounts, etc. for measures to prevent criminal use and other necessary cooperation.
Article 19-5, paragraph (1)(移転を受けた財産の保管)Custody of Property TransferredAdded
Where a measure to prevent criminal use of accounts, etc. has been taken and a transfer of property listed in the following items has occurred, the Chief of Prefectural Police Headquarters who directs that measure to prevent criminal use of accounts, etc. must keep in custody the property specified in the relevant item in order to make the return under the provisions of paragraph (1) of the following Article.
Article 19-5, paragraph (1), item (i)(移転を受けた財産の保管)Custody of Property TransferredAdded
a transfer of property to an account, etc. for measures to prevent criminal use: the property pertaining to that transfer;
犯罪利用防止措置用口座等への財産の移転 当該移転に係る財産
Article 19-5, paragraph (1), item (ii)(移転を受けた財産の保管)Custody of Property TransferredAdded
a transfer of property (money or other property) to a police officer, other than that set out in the preceding item, by receiving consideration for the transfer, delivery or provision of passbooks, etc. for measures to prevent criminal use or for other reasons: the property pertaining to that transfer.
Article 19-5, paragraph (2)(移転を受けた財産の保管)Custody of Property TransferredAdded
Where there is a risk that the property kept in custody under the provisions of the preceding paragraph will be lost or damaged, or where its custody or return requires excessive expense or effort, the Chief of Prefectural Police Headquarters may liquidate that property and keep in custody the money obtained by that liquidation.
Article 19-6, paragraph (1)(保管財産の返還)Return of Property in CustodyAdded
The Chief of Prefectural Police Headquarters who has kept property in custody under the provisions of the preceding Article is to promptly return the property pertaining to that custody (or, where that property is a monetary claim, money equivalent to the value of that monetary claim) to the person who carried out the transfer of property listed in the items of paragraph (1) of that Article that gave rise to that custody (hereinafter referred to as an "act giving rise to custody"). However, where any of the circumstances listed in the following items exists, the property is to be returned promptly after that circumstance has ceased.
Article 19-6, paragraph (1), item (i)(保管財産の返還)Return of Property in CustodyAdded
There is a risk of hindering the enforcement of the provisions of this Section or the investigation of a crime.
この節の規定の施行又は犯罪の捜査に支障を及ぼすおそれがあること。
Article 19-6, paragraph (1), item (ii)(保管財産の返還)Return of Property in CustodyAdded
Where the act giving rise to custody is a transfer of property listed in paragraph (1), item (i) of the preceding Article, an action seeking withdrawal of the property pertaining to the account, etc. for measures to prevent criminal use pertaining to that act giving rise to custody has been filed, or procedures for compulsory execution, provisional seizure or provisional disposition are being carried out with respect to a claim pertaining to that property.
Article 19-6, paragraph (1), item (iii)(保管財産の返還)Return of Property in CustodyAdded
Circumstances specified by National Public Safety Commission Rules, in addition to those listed in the preceding two items.
前二号に掲げるもののほか、国家公安委員会規則で定める事情
Article 19-6, paragraph (2)(保管財産の返還)Return of Property in CustodyAdded
The value or quantity of the property to be returned under the provisions of the preceding paragraph (hereinafter referred to in this paragraph and paragraph (4) as "value, etc.") is, where the custody of that property under the provisions of the preceding Article was carried out in an account, etc. for measures to prevent criminal use, to be the value, etc. at the time that custody started.
Article 19-6, paragraph (3)(保管財産の返還)Return of Property in CustodyAdded
The expenses required for the return under the provisions of paragraph (1) are to be borne by the person receiving that return.
第一項の規定による返還に要する費用は、当該返還を受ける者の負担とする。
Article 19-6, paragraph (4)(保管財産の返還)Return of Property in CustodyAdded
In any of the cases listed in the following items, the Chief of Prefectural Police Headquarters may, notwithstanding the provisions of paragraph (2), deduct from the value, etc. of the property to be delivered to the counterparty to the return under the provisions of paragraph (1) the value, etc. of property equivalent to the property pertaining to the transfer prescribed in the relevant item.
Article 19-6, paragraph (4), item (i)(保管財産の返還)Return of Property in CustodyAdded
Where, before or after the act giving rise to custody, there has been a transfer of property from the account, etc. for measures to prevent criminal use pertaining to that act giving rise to custody, and the counterparty to that return is found to have carried out that transfer.
Article 19-6, paragraph (4), item (ii)(保管財産の返還)Return of Property in CustodyAdded
Where, before or after the act giving rise to custody, a police officer, at the request of another person, carried out a property transfer using specified services from the account, etc. for measures to prevent criminal use pertaining to that act giving rise to custody and thereby made a transfer of property, and the counterparty to that return is found to have made that request.
Article 19-7, paragraph (1)(返還のための調査)Investigation for ReturnAdded
The Chief of Prefectural Police Headquarters is to conduct the necessary investigation in order to make the return under the provisions of paragraph (1) of the preceding Article.
警察本部長は、前条第一項の規定による返還を行うため、必要な調査を行うものとする。
Article 19-7, paragraph (2)(返還のための調査)Investigation for ReturnAdded
Where the Chief of Prefectural Police Headquarters finds it necessary for the investigation under the provisions of the preceding paragraph, the Chief may make inquiries to public offices or public or private organizations and request reports of necessary matters.
Article 19-7, paragraph (3)(返還のための調査)Investigation for ReturnAdded
Where, as a result of the investigation under the provisions of paragraph (1) or for other reasons, the Chief of Prefectural Police Headquarters has identified a person who is to receive return under the provisions of paragraph (1) of the preceding Article, the Chief must notify that person of the procedures necessary to receive that return promptly (or, where any of the circumstances listed in the items of that paragraph exists, promptly after that circumstance has ceased).
Where, with respect to the property kept in custody under the provisions of Article 19-5 (including, where a transfer prescribed in the items of Article 19-6, paragraph (4) has occurred, the property pertaining to that transfer; hereinafter referred to as "property in custody"), the Chief of Prefectural Police Headquarters is still unable to identify the person who is to receive its return, or to ascertain that person's whereabouts, even after conducting the investigation under the provisions of paragraph (1) of the preceding Article, the Chief must request the Commissioner General of the National Police Agency to give the public notice under the provisions of the following paragraph.
Upon the request under the preceding paragraph, the Commissioner General of the National Police Agency must promptly give public notice of the following matters:
the name of the specified business operator pertaining to the account, etc. for measures to prevent criminal use pertaining to the act giving rise to custody of that property in custody, the number or other code of the account, etc., the full name or name of the account holder, and other matters pertaining to that act giving rise to custody (excluding the matters listed in the preceding item);
Article 19-9, paragraph (1)(返還時の措置)Measures upon ReturnAdded
When making the return under the provisions of Article 19-6, paragraph (1), the Chief of Prefectural Police Headquarters must, as specified by National Public Safety Commission Rules, verify that the person is the person who is to receive that return, and make the return in exchange for a receipt.
Article 19-9, paragraph (2)(返還時の措置)Measures upon ReturnAdded
Where the Chief of Prefectural Police Headquarters finds it necessary for the return under the provisions of Article 19-6, paragraph (1), the Chief may request the person seeking to receive that return to make a report or submit materials, or have a police officer question that person.
Article 19-10, paragraph (1)(保管財産の返還を受ける権利の消滅)Extinguishment of the Right to Receive Return of Property in CustodyAdded
If, even after six months (excluding the period during which any of the circumstances listed in the items of Article 19-6, paragraph (1) existed) have elapsed from the date of the public notice under the provisions of Article 19-8, paragraph (2), it is still not possible to identify the person who is to receive the return of the property in custody under the provisions of Article 19-6, paragraph (1) or to ascertain that person's whereabouts, or if the person who is to receive that return has waived the right to receive the return of the property in custody (hereinafter referred to as the "right to claim return"), the right to claim return with respect to that property in custody is extinguished. In this case, where that property in custody is property other than money, the Chief of Prefectural Police Headquarters must promptly liquidate it.
"specified compensation for criminal damage" means money paid from compensatory funds, the amount of which is calculated pursuant to the provisions of the following Subsection and Subsection 3 on the basis of the value of the property lost through a criminal act warranting compensation;
"compensatory funds" means money kept in custody by the Public Safety Commission under the provisions of Article 19-14, paragraph (4) or Article 19-20, paragraph (3).
"criminal act warranting compensation" means a criminal act constituting fraud or another crime that harms a person's property, which has harmed that property by causing a person to make a transfer of property to a source deposit account, etc. (meaning, where a transfer of property listed in Article 19-5, paragraph (1), item (i) has been made with a deposit account, etc. as its source, that deposit account, etc. serving as the source; the same applies in Article 19-14 and Article 19-15, paragraph (2), item (iii));
"expenses" means expenses required for the notification under the provisions of this Section and other expenses specified by National Public Safety Commission Rules as to be defrayed from compensatory funds.
Article 19-12, paragraph (1)(特定被害回復給付金の支給)Payment of Specified Compensation for Criminal DamageAdded
The Public Safety Commission is to pay specified compensation for criminal damage, as provided for in this Section, to a person who has suffered harm through a criminal act warranting compensation (including an organization that is not a corporation and for which a representative or manager has been designated) and has thereby lost property.
Article 19-12, paragraph (2)(特定被害回復給付金の支給)Payment of Specified Compensation for Criminal DamageAdded
Where there has been succession by inheritance or other general succession with respect to a person prescribed in the preceding paragraph (hereinafter referred to as an "eligible victim"), the Public Safety Commission is to pay specified compensation for criminal damage, as provided for in this Section, to the heir or other general successor.
Article 19-13, paragraph (1)(特定被害回復給付金の支給を受けることができない者)Persons Not Eligible to Receive Payment of Specified Compensation for Criminal DamageAdded
Notwithstanding the provisions of the preceding Article, a person falling under any of the following items cannot receive payment of specified compensation for criminal damage:
Article 19-13, paragraph (1), item (i)(特定被害回復給付金の支給を受けることができない者)Persons Not Eligible to Receive Payment of Specified Compensation for Criminal DamageAdded
the eligible victim who lost property through a criminal act warranting compensation or that person's general successor, in the case where the entire loss equivalent to the value of the property lost through that criminal act warranting compensation (or, where that property belongs to two or more persons in co-ownership, the person's share; the same applies hereinafter in this Article) has been made good or compensated (limited to the case where that making good or compensation was made by a person other than the eligible victim who lost that property through that criminal act warranting compensation or that person's general successor);
Article 19-13, paragraph (1), item (ii)(特定被害回復給付金の支給を受けることができない者)Persons Not Eligible to Receive Payment of Specified Compensation for Criminal DamageAdded
a person who committed a criminal act warranting compensation or participated in it as an accomplice, a person who gained an unlawful profit in connection with a criminal act warranting compensation, a person who has an unlawful cause of their own for having lost property through a criminal act warranting compensation, or any other person for whom receiving payment of specified compensation for criminal damage is inappropriate under socially accepted conventions, or, where an eligible victim falls under any of these persons, the general successor of that eligible victim.
Article 19-14, paragraph (1)(特定被害回復給付金支給手続の開始)Commencement of Procedures to Pay Specified Compensation for Criminal DamageAdded
Where the right to claim return has been extinguished under the provisions of Article 19-10 with respect to property in custody for which the act giving rise to custody is a transfer of property listed in Article 19-5, paragraph (1), item (i) (where liquidation under the provisions of Article 19-10 is to be carried out for that property in custody, limited to the case where that liquidation has been completed; the same applies in paragraph (5)), and there is a source deposit account, etc. for that transfer of property, the Chief of Prefectural Police Headquarters must request the Public Safety Commission that administers that prefectural police to commence procedures to pay specified compensation for criminal damage from the compensatory funds pertaining to that property in custody (hereinafter referred to as "procedures to pay specified compensation for criminal damage"). However, this does not apply where the value of that property in custody (or, where that property in custody has been liquidated under the provisions of Article 19-10, the money obtained by that liquidation; the same applies in paragraph (4) and Article 19-24, paragraph (1)) does not exceed the amount specified by National Public Safety Commission Rules as the amount of expenses expected to be required for the procedures to pay specified compensation for criminal damage.
Article 19-14, paragraph (2)(特定被害回復給付金支給手続の開始)Commencement of Procedures to Pay Specified Compensation for Criminal DamageAdded
Upon the request under the preceding paragraph, the Public Safety Commission is to, without delay, make a decision to commence procedures to pay specified compensation for criminal damage.
Article 19-14, paragraph (3)(特定被害回復給付金支給手続の開始)Commencement of Procedures to Pay Specified Compensation for Criminal DamageAdded
The decision under the preceding paragraph is to be made for each account, etc. for measures to prevent criminal use pertaining to a transfer of property listed in Article 19-5, paragraph (1), item (i).
Article 19-14, paragraph (4)(特定被害回復給付金支給手続の開始)Commencement of Procedures to Pay Specified Compensation for Criminal DamageAdded
When the Public Safety Commission has made a decision to commence procedures to pay specified compensation for criminal damage under the provisions of paragraph (2), it is to keep the property in custody pertaining to that decision in custody as compensatory funds.
Article 19-14, paragraph (5)(特定被害回復給付金支給手続の開始)Commencement of Procedures to Pay Specified Compensation for Criminal DamageAdded
Where the right to claim return has been extinguished under the provisions of Article 19-10 with respect to property in custody for which the act giving rise to custody is a transfer of property listed in Article 19-5, paragraph (1), item (i), and there is no source deposit account, etc. for that transfer of property, or the case falls under the case prescribed in the proviso to paragraph (1), the Chief of Prefectural Police Headquarters must request the Commissioner General of the National Police Agency to give the public notice under the provisions of the following paragraph.
Article 19-14, paragraph (6)(特定被害回復給付金支給手続の開始)Commencement of Procedures to Pay Specified Compensation for Criminal DamageAdded
Upon the request under the preceding paragraph, the Commissioner General of the National Police Agency must promptly give public notice that procedures to pay specified compensation for criminal damage will not be carried out for the property in custody for which that right to claim return has been extinguished.
When the Public Safety Commission has made a decision to commence procedures to pay specified compensation for criminal damage under the provisions of paragraph (2) of the preceding Article, it must promptly request the Commissioner General of the National Police Agency to give the public notice under the provisions of the following paragraph.
Upon the request under the preceding paragraph, the Commissioner General of the National Police Agency must promptly give public notice of the following matters:
the name of the specified business operator pertaining to the account, etc. for measures to prevent criminal use and the source deposit account, etc. pertaining to that decision, the number or other code of the account, etc., and the full name or name of the account holder;
The application period for payment under item (v) of the preceding paragraph must be 30 days or more counting from the day following the day of the public notice under the provisions of that paragraph.
The Public Safety Commission must notify the eligible victims or their general successors who are known of the matters to be publicly notified under the provisions of paragraph (2). However, this does not apply to a person who is clearly a person who cannot receive payment of specified compensation for criminal damage.
In addition to what is provided for in the preceding paragraphs, necessary matters concerning the public notice under the provisions of paragraph (2) and the notification under the provisions of the preceding paragraph are specified by National Public Safety Commission Rules.
Article 19-16, paragraph (1)(犯罪被害財産等による被害回復給付金の支給に関する法律の準用)Application Mutatis Mutandis of the Act on the Payment of Compensation for Criminal Damage Using Stolen and Misappropriated PropertyAdded
The provisions of Article 9, paragraphs (1) and (2), Articles 10 through 13, Article 14, paragraphs (1) through (3), and Article 17 of the Act on the Payment of Compensation for Criminal Damage Using Stolen and Misappropriated Property (Act No. 87 of 2006) apply mutatis mutandis to the payment of specified compensation for criminal damage by the Public Safety Commission. In this case, the phrase "Order of the Ministry of Justice" in these provisions (excluding Article 14, paragraph (3) of that Act) is deemed to be replaced with "National Public Safety Commission Rules", and in addition, the words in the middle column of the following table in the provisions of that Act set out in the left-hand column of the table are deemed to be replaced with the words set out respectively in the right-hand column of the table.
Article 9, paragraph (1), item (i)
eligible victim
eligible victim (meaning an eligible victim prescribed in Article 19-12, paragraph (2) of the Act on Prevention of Transfer of Criminal Proceeds (hereinafter referred to as the "Criminal Proceeds Transfer Prevention Act"); the same applies hereinafter in this Article and paragraph (2) of the following Article)
Article 9, paragraph (1), item (ii)
criminal act warranting compensation
criminal act warranting compensation (meaning a criminal act warranting compensation prescribed in Article 19-11, item (iii) of the Criminal Proceeds Transfer Prevention Act; the same applies in the following item and paragraph (2) of the following Article)
Article 11, paragraph (2)
Article 28, paragraph (1)
Article 19-18 of the Criminal Proceeds Transfer Prevention Act
Article 12, paragraph (1)
do so in writing, attach the reason for the ruling to the written document, and affix their name and seal
do so in writing with the reason for the ruling attached
Article 12, paragraph (3) and Article 13
the public prosecutors office to which the public prosecutor is assigned
the Prefectural Public Safety Commission
Article 12, paragraph (3)
the public prosecutors office
the office building of the Prefectural Public Safety Commission
Article 14, paragraph (1)
all applications
all applications pertaining to the relevant procedures to pay specified compensation for criminal damage (meaning procedures to pay specified compensation for criminal damage prescribed in Article 19-14, paragraph (1) of the Criminal Proceeds Transfer Prevention Act; the same applies hereinafter in this paragraph and the following paragraph)
, a decision on the remuneration of the compensation administrator under the provisions of Article 26, paragraph (1), and the amount of expenses that procedures to pay compensation for criminal damage
and the amount of expenses that the relevant procedures to pay specified compensation for criminal damage
expenses
expenses (meaning expenses prescribed in Article 19-11, item (iv) of the Criminal Proceeds Transfer Prevention Act; the same applies in the following paragraph)
Article 14, paragraph (2)
compensatory funds
compensatory funds prescribed in Article 19-11, item (ii) of the Criminal Proceeds Transfer Prevention Act
procedures to pay compensation for criminal damage
procedures to pay specified compensation for criminal damage
expenses and remuneration
expenses
Article 14, paragraph (3)
in the ruling breakdown, and must issue public notice of this pursuant to the provisions of Order of the Ministry of Justice
in the ruling breakdown, and must also request the Commissioner General of the National Police Agency to issue public notice of this. In this case, the Commissioner General of the National Police Agency must promptly issue public notice of this
Article 19-17, paragraph (1)(特定被害回復給付金支給手続の終了)Termination of Procedures to Pay Specified Compensation for Criminal DamageAdded
In the case where any of the following items applies, the Public Safety Commission is to make a decision to terminate the procedures to pay specified compensation for criminal damage:
Article 19-17, paragraph (1), item (i)(特定被害回復給付金支給手続の終了)Termination of Procedures to Pay Specified Compensation for Criminal DamageAdded
when there is no application under Article 9, paragraph (1) of the Act on the Payment of Compensation for Criminal Damage Using Stolen and Misappropriated Property as applied mutatis mutandis in the preceding Article (hereinafter referred to as the "Applied Payment Act");
Article 19-17, paragraph (1), item (ii)(特定被害回復給付金支給手続の終了)Termination of Procedures to Pay Specified Compensation for Criminal DamageAdded
when, with respect to all applications under Article 9, paragraph (1) or (2) of the Applied Payment Act, a ruling under Article 10 or Article 11 of the Applied Payment Act has been made, and there is no person who has received a ruling under Article 10, paragraph (1) of the Applied Payment Act to the effect that the person is a person who may receive payment of specified compensation for criminal damage (hereinafter referred to as a "ruling of eligibility"); or
Article 19-17, paragraph (1), item (iii)(特定被害回復給付金支給手続の終了)Termination of Procedures to Pay Specified Compensation for Criminal DamageAdded
when all of the specified compensation for criminal damage to be paid under the provisions of Article 14, paragraphs (1) and (2) and Article 17 of the Applied Payment Act (including the case where these provisions are to be followed pursuant to Article 19-21, paragraph (2)) has been paid under those provisions.
Article 19-17, paragraph (2)(特定被害回復給付金支給手続の終了)Termination of Procedures to Pay Specified Compensation for Criminal DamageAdded
When the Public Safety Commission has made a decision to terminate the procedures to pay specified compensation for criminal damage pursuant to the preceding paragraph, it must request the Commissioner General of the National Police Agency to give the public notice under the following paragraph.
Article 19-17, paragraph (3)(特定被害回復給付金支給手続の終了)Termination of Procedures to Pay Specified Compensation for Criminal DamageAdded
Upon the request under the preceding paragraph, the Commissioner General of the National Police Agency must promptly give public notice that the procedures to pay specified compensation for criminal damage have been terminated.
Where the Public Safety Commission finds it necessary for conducting the affairs under the provisions of this Section, it may order a person who has made an application under Article 9, paragraph (1) or (2) of the Applied Payment Act (referred to as an "applicant for specified compensation for criminal damage" in Article 35, item (iv)) or any other person concerned to make a report, submit documents or other articles, or appear, or may make inquiries to public offices or public or private organizations and request reports of necessary matters.
Article 19-19, paragraph (1)(損害賠償請求権等との関係)Relationship with Claims for Damages, etc.Added
When specified compensation for criminal damage has been paid, the claim for damages and any other claim that the person who received the payment holds in relation to the criminal act warranting compensation is extinguished to the extent of the amount received.
Article 19-20, paragraph (1)(不正利得の徴収等)Collection of Unjust Enrichment, etc.Added
If, in the procedures to pay specified compensation for criminal damage, there is a person who has received payment of specified compensation for criminal damage by deceit or other wrongful means, the Public Safety Commission may collect from that person all or part of an amount equivalent to the amount of the specified compensation for criminal damage received, following the example of dispositions for delinquency in local taxes.
Article 19-20, paragraph (2)(不正利得の徴収等)Collection of Unjust Enrichment, etc.Added
The priority of the statutory lien on money collected under the provisions of the preceding paragraph is to rank next after national taxes and local taxes.
前項の規定による徴収金の先取特権の順位は、国税及び地方税に次ぐものとする。
Article 19-20, paragraph (3)(不正利得の徴収等)Collection of Unjust Enrichment, etc.Added
When the Public Safety Commission has made a collection under the provisions of paragraph (1), it is to keep the money pertaining to that collection in custody as compensatory funds.
Article 19-20, paragraph (4)(不正利得の徴収等)Collection of Unjust Enrichment, etc.Added
Where the Public Safety Commission has kept money in custody under the provisions of the preceding paragraph, and in the procedures to pay specified compensation for criminal damage there is a person, other than the person prescribed in paragraph (1), who has received a ruling of eligibility (excluding a person whose right to receive payment of specified compensation for criminal damage has been extinguished; hereinafter in this paragraph referred to as "another person who has received a ruling of eligibility"), and the amount of specified compensation for criminal damage already paid to that other person who has received a ruling of eligibility is less than the amount of criminal damage (meaning the amount of criminal damage prescribed in Article 10, paragraph (2) of the Applied Payment Act as determined in the ruling of eligibility; the same applies in paragraph (2) of the following Article), it must, without delay, pay specified compensation for criminal damage to that other person who has received a ruling of eligibility or that person's general successor, using the compensatory funds pertaining to that custody as the source, in accordance with the provisions of Article 14, paragraphs (1) through (3) and Article 17 of the Applied Payment Act. However, this does not apply if the amount collected from the person prescribed in paragraph (1) is less than 1,000 yen.
Article 19-21, paragraph (1)(権利の消滅等)Extinguishment of Rights, etc.Added
The right to receive payment of specified compensation for criminal damage is extinguished if it is not exercised for six months from the time of the public notice under Article 14, paragraph (3) of the Applied Payment Act (including the case where it is to be followed pursuant to paragraph (4) of the preceding Article and the following paragraph).
Article 19-21, paragraph (2)(権利の消滅等)Extinguishment of Rights, etc.Added
Where the right to receive payment of specified compensation for criminal damage has been extinguished under the provisions of the preceding paragraph, and in the procedures to pay specified compensation for criminal damage there is a person, other than the person who held that right, who has received a ruling of eligibility (excluding a person whose right to receive payment of specified compensation for criminal damage has been extinguished; hereinafter in this paragraph referred to as "another person who has received a ruling of eligibility"), and the amount of specified compensation for criminal damage already paid to that other person who has received a ruling of eligibility is less than the amount of criminal damage, the Public Safety Commission must, without delay, pay specified compensation for criminal damage to that other person who has received a ruling of eligibility or that person's general successor, using as the source an amount of money equivalent to the amount of specified compensation for criminal damage pertaining to the right extinguished under that paragraph, in accordance with the provisions of Article 14, paragraphs (1) through (3) and Article 17 of the Applied Payment Act. However, this does not apply if the amount of specified compensation for criminal damage pertaining to the right extinguished under the provisions of the preceding paragraph is less than 1,000 yen.
Article 19-22, paragraph (1)(特定被害回復給付金の支給を受ける権利の保護)Protection of the Right to Receive Payment of Specified Compensation for Criminal DamageAdded
The right to receive payment of specified compensation for criminal damage may not be assigned, offered as security, or seized. However, this does not apply to seizure by a disposition for delinquency in national taxes (including a disposition that follows the example thereof).
Article 19-23, paragraph (1)(戸籍事項の無料証明)Free Certification of Family Register MattersAdded
The mayor of a municipality (which includes the mayor of a special ward, and, in a designated city under Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), is the ward mayor or the comprehensive ward mayor) may, to the Public Safety Commission or a person seeking to receive payment of specified compensation for criminal damage, in accordance with the Municipal Ordinance of the municipality (including a special ward) concerned, provide free certification concerning the family register of an eligible victim or that person's general successor, or of the general successor of a person whose ruling of eligibility has become final.
Article 19-24, paragraph (1)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
In any of the cases listed in the following items, the Chief of Prefectural Police Headquarters is to transfer the property specified in the relevant item into the revenue of the general account of the prefecture to which the prefectural police concerned belong:
Article 19-24, paragraph (1), item (i)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
when the right to claim return has been extinguished under the provisions of Article 19-10 with respect to property in custody for which the act giving rise to custody is a transfer of property listed in Article 19-5, paragraph (1), item (ii): the property in custody;
Article 19-24, paragraph (1), item (ii)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
when public notice has been given under the provisions of Article 19-14, paragraph (6): the property in custody pertaining to the public notice.
第十九条の十四第六項の規定による公告が行われたとき 当該公告に係る保管財産
Article 19-24, paragraph (2)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
In any of the cases listed in the following items, the Public Safety Commission is to transfer the money specified in the relevant item into the revenue of the general account of the prefecture in which that Public Safety Commission is established:
Article 19-24, paragraph (2), item (i)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
when the decision under Article 19-17, paragraph (1) has become final and compensatory funds are in custody at the time of that finalization: those compensatory funds (where custody under Article 19-20, paragraph (3) was carried out before that finalization, excluding money equivalent to the amount so kept in custody (or, where specified compensation for criminal damage has been paid under paragraph (4) of that Article using the compensatory funds pertaining to that custody as the source, the amount remaining after deducting the amount so paid));
Article 19-24, paragraph (2), item (ii)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
when custody has been carried out under Article 19-20, paragraph (3) and there is no person to receive payment of specified compensation for criminal damage under paragraph (4) of that Article: the compensatory funds so kept in custody;
Article 19-24, paragraph (2), item (iii)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
when, with respect to compensatory funds kept in custody under Article 19-20, paragraph (3), all of the specified compensation for criminal damage to be paid under paragraph (4) of that Article and Article 19-21, paragraph (2) has been paid, and compensatory funds are still in custody: those compensatory funds.
Article 19-24, paragraph (3)(都道府県の一般会計への繰入れ等)Transfer to the General Account of Prefectures, etc.Added
A prefecture is to endeavor to appropriate an amount equivalent to the amount of money transferred into the revenue of the general account of that prefecture under the preceding two paragraphs as a source of funds for the expenses necessary for implementing measures for crime victims, etc. prescribed in Article 2, paragraph (3) of the Basic Act on Crime Victims (Act No. 161 of 2004).
Article 19-25, paragraph (1)(公安委員会に対する審査の申立て)Request for Examination to the Public Safety CommissionAdded
A person who is dissatisfied with a ruling, decision or other act listed in the following items (hereinafter referred to in this paragraph and the following Article as a "ruling, etc.") may file a request for examination with the Public Safety Commission that made the ruling, etc. within 30 days from the day specified respectively in those items:
Article 19-25, paragraph (1), item (i)(公安委員会に対する審査の申立て)Request for Examination to the Public Safety CommissionAdded
a ruling under the provisions of Article 10 or Article 11 of the Applied Payment Act: the day following the day on which a certified copy of the written ruling is served;
準用支給法第十条又は第十一条の規定による裁定 裁定書の謄本の送達があった日の翌日
Article 19-25, paragraph (1), item (ii)(公安委員会に対する審査の申立て)Request for Examination to the Public Safety CommissionAdded
the decision under Article 19-17, paragraph (1): the day following the day of the public notice of that decision;
第十九条の十七第一項の決定 当該決定の公告があった日の翌日
Article 19-25, paragraph (1), item (iii)(公安委員会に対する審査の申立て)Request for Examination to the Public Safety CommissionAdded
beyond what is set forth in the preceding two items, an act of the Public Safety Commission relating to procedures under the provisions of this Section that is specified by National Public Safety Commission Rules: the day specified by National Public Safety Commission Rules.
Article 19-25, paragraph (2)(公安委員会に対する審査の申立て)Request for Examination to the Public Safety CommissionAdded
Notwithstanding the provisions of the preceding paragraph, a request for examination may be filed even after the expiration of that period if there is a justifiable reason.
Where a person who has filed an application for a ruling, etc. with the Public Safety Commission under the provisions of this Section or National Public Safety Commission Rules based on the provisions of this Section finds that, although a reasonable period of time has passed since the application, there is inaction on the part of that Public Safety Commission (meaning that the Public Safety Commission makes no ruling, etc. whatsoever in response to an application under the provisions of this Section or National Public Safety Commission Rules based on the provisions of this Section; the same applies hereinafter in this Article), the person may file a request for examination with that Public Safety Commission regarding that inaction.
Article 19-27, paragraph (1)(犯罪被害財産等による被害回復給付金の支給に関する法律の準用)Application Mutatis Mutandis of the Act on the Payment of Compensation for Criminal Damage Using Stolen and Misappropriated PropertyAdded
The provisions of Articles 40-3 through 41, Article 42, paragraph (1) (excluding items (iv) and (vi)) and paragraph (2), Article 42-2 (excluding item (iii)), and Articles 43 through 47 of the Act on the Payment of Compensation for Criminal Damage Using Stolen and Misappropriated Property apply mutatis mutandis to a request for examination to the Public Safety Commission under the preceding two Articles. In this case, the phrase "Order of the Ministry of Justice" in these provisions (excluding Article 44 of that Act) is deemed to be replaced with "National Public Safety Commission Rules", and in addition, the words in the middle column of the following table in the provisions of that Act set out in the left-hand column of the table are deemed to be replaced with the words set out respectively in the right-hand column of the table.
Article 40-3, paragraph (2)
the items of Article 40, paragraph (1)
the items of Article 19-25, paragraph (1) of the Act on Prevention of Transfer of Criminal Proceeds (hereinafter referred to as the "Criminal Proceeds Transfer Prevention Act")
regarding a disposition, etc.
regarding a ruling, etc. (meaning a ruling, etc. prescribed in that paragraph; the same applies hereinafter)
Article 40-3, paragraph (2), item (i) and paragraph (3), item (i), Article 42, paragraph (1), items (iii), (v) and (vii) and paragraph (2), Article 42-2, items (i) and (iv), Article 45, Article 46, and Article 47, paragraphs (1) and (3)
disposition, etc.
ruling, etc.
Article 40-3, paragraph (3)
the preceding Article
Article 19-26 of the Criminal Proceeds Transfer Prevention Act
Article 41 and Article 47, paragraph (5)
Article 40, paragraph (1), item (iii)
Article 19-25, paragraph (1), item (i) of the Criminal Proceeds Transfer Prevention Act
Article 42, paragraph (1)
Article 40, paragraph (1)
Article 19-25, paragraph (1) of the Criminal Proceeds Transfer Prevention Act
Article 42, paragraph (1), item (i)
Article 40, paragraph (1)
Article 19-25, paragraph (1) of the Criminal Proceeds Transfer Prevention Act
the items of Article 19-25, paragraph (1) of the Criminal Proceeds Transfer Prevention Act
Article 42, paragraph (1), item (v)
this Act or Order of the Ministry of Justice based on this Act
Section 2 of Chapter IV-2 of the Criminal Proceeds Transfer Prevention Act or National Public Safety Commission Rules based on the provisions of that Section
Article 42, paragraph (2)
item (iii), (vi), or (vii)
item (iii) or (vii)
, order the alteration of the relevant de facto action, or alter the relevant de facto action
, or alter the relevant de facto action
Article 42-2, Article 45, and Article 47, paragraph (2)
Article 40-2
Article 19-26 of the Criminal Proceeds Transfer Prevention Act
Article 42-2, item (i)
inaction
inaction (meaning the failure to make any ruling, etc. in response to an application under the provisions of Section 2 of Chapter IV-2 of the Criminal Proceeds Transfer Prevention Act or National Public Safety Commission Rules based on the provisions of that Section; the same applies in item (iv))
Article 42-2, item (iv)
if the inaction in relation to the petition for review is that of the head of the public prosecutors office, and there are grounds for the petition
if there are grounds for the petition for review
Article 43
The provisions of Article 12
The provisions of Article 12 as applied mutatis mutandis pursuant to Article 19-16 of the Criminal Proceeds Transfer Prevention Act
the items of Article 42, paragraph (1) and the items of the preceding Article
the items of Article 42, paragraph (1) (excluding items (iv) and (vi)) and the items of the preceding Article (excluding item (iii))
the term "public prosecutor" in Article 12 is deemed to be replaced with "head of the public prosecutors office"; the term "written ruling" in paragraphs (2) and (3) of that Article
the term "written ruling" in paragraphs (2) and (3) of Article 12 as applied mutatis mutandis pursuant to Article 19-16 of the Criminal Proceeds Transfer Prevention Act
Article 44
Article 38, paragraphs (1) through (5)
Article 38
the right to be issued compensation for criminal proceeds
the right to be issued specified compensation for criminal damage
period prescribed in Article 40, paragraph (1) of the Act on the Payment of Compensation for Criminal Proceeds
period prescribed in Article 19-25, paragraph (1) of the Criminal Proceeds Transfer Prevention Act
disposition set forth in Article 40, paragraph (1), item (i) of the Act on Issuance of Remission Payments Using Stolen and Misappropriated Property or decision set forth in item (ii) of that paragraph
decision set forth in Article 19-25, paragraph (1), item (ii) of the Criminal Proceeds Transfer Prevention Act
publicize the fact that the relevant disposition or decision has been revoked or altered
request the Commissioner General of the National Police Agency to give public notice that the relevant decision has been revoked or altered. In this case, the Commissioner General of the National Police Agency must, pursuant to National Public Safety Commission Rules, publicize the fact that the relevant decision has been revoked or altered
Article 47, paragraphs (1) and (5)
the items of Article 42, paragraph (1)
the items of Article 42, paragraph (1) (excluding items (iv) and (vi))
Article 47, paragraphs (1) and (2)
the public prosecutors office to which the public prosecutor who has made the disposition, etc. is assigned
the Prefectural Public Safety Commission that has made the ruling, etc.
Article 47, paragraph (2)
the items of Article 42-2
the items of Article 42-2 (excluding item (iii))
Article 47, paragraph (3)
Article 12, paragraph (2)
Article 12, paragraph (2) as applied mutatis mutandis pursuant to Article 19-16 of the Criminal Proceeds Transfer Prevention Act
Article 19-28, paragraph (1)(適用除外)Exclusion from ApplicationAdded
The provisions of Article 4, paragraphs (1) and (2) as applied with replacement of terms pursuant to paragraph (5) of that Article, Article 7, paragraph (1) and Article 8, paragraph (1) do not apply to transactions pertaining to accounts, etc. for measures to prevent criminal use conducted by the specified business operators listed in the items of Article 19-2.
Article 19-28, paragraph (2)(適用除外)Exclusion from ApplicationAdded
The provisions of Article 26, paragraphs (1) and (2), Article 27, paragraphs (1) and (2), Article 28, paragraphs (1) and (2), Article 29, paragraphs (1) and (2), Article 30, paragraphs (1) and (2), Article 31, paragraphs (1) and (2), and the first sentence of Article 32, paragraph (2) do not apply to acts that a police officer carries out for a measure to prevent criminal use of accounts, etc. or for preparation therefor.
Article 19-28, paragraph (3)(適用除外)Exclusion from ApplicationAdded
The provisions of Article 26, paragraph (2), Article 27, paragraph (2), Article 28, paragraph (2), Article 29, paragraph (2), Article 30, paragraph (2) and Article 31, paragraph (2) do not apply to an act of a specified business operator listed in the items of Article 19-2 that has carried out the opening or establishment of an account, etc. for measures to prevent criminal use that was opened or established in response to a request under the provisions of that Article, of delivering or providing the passbooks, etc. for measures to prevent criminal use pertaining to that account, etc. to a police officer.
Article 19-28, paragraph (4)(適用除外)Exclusion from ApplicationAdded
The provisions of Chapters II through IV of the Act on Payment of Damage Recovery Benefits from Funds in Deposit Accounts Used for Crime (Act No. 133 of 2007) do not apply to accounts, etc. for measures to prevent criminal use.
Article 19-29, paragraph (1)(国家公安委員会規則への委任)Delegation to National Public Safety Commission RulesAdded
In addition to what is provided for in this Chapter, matters necessary for implementing the provisions of this Chapter are specified by National Public Safety Commission Rules.
この章に定めるもののほか、この章の規定を実施するため必要な事項は、国家公安委員会規則で定める。
Chapter V Miscellaneous Provisions第五章 雑則
Article 20第二十条
Delegation to Orders of the Competent Ministry(主務省令への委任)
Article 20, paragraph (1)
In addition to what is provided for in this Act, matters necessary for implementing this Act are specified by order of the competent ministry.
この法律に定めるもののほか、この法律を実施するため必要な事項は、主務省令で定める。
Article 21第二十一条
Transitional Measures(経過措置)
Article 21, paragraph (1)
When a Cabinet Order or an order of the competent ministry is established, amended or repealed based on the provisions of this Act, necessary transitional measures (including transitional measures concerning penal provisions) may be provided for by that Cabinet Order or order of the competent ministry, within the scope judged reasonably necessary in connection with that establishment, amendment or repeal.
The administrative agency under this Act is, in accordance with the category of specified business operator listed in the following items, the person specified in each of those items with regard to matters pertaining to that specified business operator.
a specified business operator listed in Article 2, paragraph (2), items (i) through (iii), item (vi), item (vii), items (xvii) through (xix), items (xxi) through (xxvi), items (xxviii) through (xxxii) and item (xlviii): the Prime Minister;
a specified business operator listed in Article 2, paragraph (2), item (iv) and item (v): the Prime Minister and the Minister of Health, Labour and Welfare;
第二条第二項第四号及び第五号に掲げる特定事業者 内閣総理大臣及び厚生労働大臣
Article 22, paragraph (1), item (iii)(行政庁等)
a specified business operator listed in Article 2, paragraph (2), item (viii) and item (ix): the administrative agency prescribed in Article 98, paragraph (1) of the Agricultural Co-operatives Act (Act No. 132 of 1947);
a specified business operator listed in Article 2, paragraph (2), items (x) through (xiii) and item (xx): the administrative agency prescribed in Article 127, paragraph (1) of the Fishery Industry Cooperative Act (Act No. 242 of 1948);
a specified business operator listed in Article 2, paragraph (2), item (xiv): the Minister of Agriculture, Forestry and Fisheries and the Prime Minister;
第二条第二項第十四号に掲げる特定事業者 農林水産大臣及び内閣総理大臣
Article 22, paragraph (1), item (vi)(行政庁等)
a specified business operator listed in Article 2, paragraph (2), item (xv): the competent minister prescribed in Article 56, paragraph (2) of the Shoko Chukin Bank Limited Act (Act No. 74 of 2007);
a specified business operator listed in Article 2, paragraph (2), item (xvi): the competent minister prescribed in Article 29, paragraph (1) of the Act on Development Bank of Japan Inc. (Act No. 85 of 2007);
a specified business operator listed in Article 2, paragraph (2), item (xxvii): the competent minister prescribed in Article 73, paragraph (1) of the Act on Specified Joint Real Estate Ventures;
第二条第二項第二十七号に掲げる特定事業者 不動産特定共同事業法第七十三条第一項に規定する主務大臣
Article 22, paragraph (1), item (ix)(行政庁等)
a specified business operator listed in Article 2, paragraph (2), item (xxxiii): the competent minister prescribed in Article 354, paragraph (1) of the Commodity Derivatives Transaction Act;
第二条第二項第三十三号に掲げる特定事業者 商品先物取引法第三百五十四条第一項に規定する主務大臣
Article 22, paragraph (1), item (x)(行政庁等)
a specified business operator listed in Article 2, paragraph (2), items (xxxiv) through (xxxvi) (excluding the persons listed in the following item): the Prime Minister and the Minister of Justice;
a person that handles government bonds, out of the specified business operators listed in Article 2, paragraph (2), item (xxxiv) and item (xxxv): the Prime Minister, the Minister of Justice and the Minister of Finance;
a specified business operator listed in Article 2, paragraph (2), item (xxxvii) and, out of the specified business operators listed in item (xliv) of that paragraph, a person that conducts the business of providing services of receiving telephone calls addressed to a customer and communicating their content to that customer, or of automatically forwarding telephone calls addressed to or from a customer to a telephone number designated by that customer: the Minister of Internal Affairs and Communications;
a specified business operator listed in Article 2, paragraph (2), item (xxxviii) and item (xlix): the Minister of Finance;
第二条第二項第三十八号及び第四十九号に掲げる特定事業者 財務大臣
Article 22, paragraph (1), item (xiv)(行政庁等)
a specified business operator listed in Article 2, paragraph (2), items (xxxix), (xl) and (xliii) and, out of the specified business operators listed in item (xliv) of that paragraph, a person that conducts the business of providing services of receiving postal items addressed to a customer and handing them over to that customer: the Minister of Economy, Trade and Industry;
a specified business operator listed in Article 2, paragraph (2), item (xli): the Casino Administration Commission;
第二条第二項第四十一号に掲げる特定事業者 カジノ管理委員会
Article 22, paragraph (1), item (xvi)(行政庁等)
a specified business operator listed in Article 2, paragraph (2), item (xlii): the Minister of Land, Infrastructure, Transport and Tourism or the prefectural governor that granted the license under Article 3, paragraph (1) of the Real Estate Brokerage Act (or, for a specified business operator that is a deemed real estate broker, the Minister of Land, Infrastructure, Transport and Tourism);
a specified business operator listed in Article 2, paragraph (2), item (xlvi): the Minister of Justice;
第二条第二項第四十六号に掲げる特定事業者 法務大臣
Article 22, paragraph (1), item (xviii)(行政庁等)
a specified business operator listed in Article 2, paragraph (2), item (xlvii): the prefectural governor.
第二条第二項第四十七号に掲げる特定事業者 都道府県知事
Article 22, paragraph (2)(行政庁等)
Notwithstanding the provisions of the preceding paragraph, the administrative agency concerning the following matters is the administrative agency specified in that paragraph and the Minister of Finance.
前項の規定にかかわらず、次に掲げる事項に関する行政庁は、同項に定める行政庁及び財務大臣とする。
Article 22, paragraph (2), item (i)(行政庁等)
the matters provided for in Articles 9 and 10 concerning a specified business operator prescribed in Article 9 (excluding a specified business operator listed in Article 2, paragraph (2), item (xv));
the matters provided for in Article 10-2 concerning an electronic payment instruments service provider, and the matters provided for in Article 10-3 (excluding those relating to the case where an electronic payment instruments service provider has received from a customer a request for a transfer of electronic payment instruments to a receiving customer (limited to a person who is a customer of another electronic payment instruments service provider) and the transfer of electronic payment instruments for that purpose (including a transfer carried out by an electronic payment instruments service provider that has been entrusted or further entrusted with it) is carried out only within Japan);
the matters provided for in Article 10-4 concerning a cryptoasset exchange service provider, and the matters provided for in Article 10-5 (excluding those relating to the case where a cryptoasset exchange service provider has received from a customer a request for a transfer of cryptoassets to a receiving customer (limited to a person who is a customer of another cryptoasset exchange service provider) and the transfer of cryptoassets for that purpose (including a transfer carried out by a cryptoasset exchange service provider that has been entrusted or further entrusted with it) is carried out only within Japan).
Notwithstanding the provisions of paragraph (1), where a person that has obtained the registration prescribed in Article 33-2 of the Financial Instruments and Exchange Act, out of the specified business operators, conducts registered financial institution business (meaning registered financial institution business prescribed in Article 33-3, paragraph (1), item (vi), (a) of that Act; the same applies in paragraph (6), item (ii)), the administrative agency concerning matters pertaining to that registered financial institution business is the Prime Minister.
Notwithstanding the provisions of paragraph (1), where a person that has obtained the permission under Article 3 of the Secondhand Goods Business Act (Act No. 108 of 1949) (limited to that pertaining to Article 2, paragraph (2), item (i) of that Act), out of the specified business operators listed in Article 2, paragraph (2), item (xliii), conducts the business of buying and selling precious metals, etc. that are secondhand goods prescribed in Article 2, paragraph (1) of that Act, and where a person that has obtained the permission under Article 2, paragraph (1) of the Pawnbroker Business Act (Act No. 158 of 1950), out of the specified business operators listed in Article 2, paragraph (2), item (xliii), conducts the business of selling precious metals, etc. that are forfeited pledged articles prescribed in Article 18, paragraph (1) of that Act, the administrative agency concerning matters pertaining to those businesses is the Prefectural Public Safety Commission. In this case, the affairs falling under the authority of the Hokkaido Prefectural Public Safety Commission may be made to be performed by a Regional Public Safety Commission, as provided by Cabinet Order.
The Prime Minister delegates the authority under this Act (limited to authority under the jurisdiction of the Financial Services Agency, excluding the authority specified by Cabinet Order) to the Commissioner of the Financial Services Agency.
The Commissioner of the Financial Services Agency delegates, out of the authority delegated pursuant to the provisions of the preceding paragraph (excluding that relating to Articles 8, 17 and 18; referred to as "authority of the Commissioner of the Financial Services Agency" in the following paragraph), the authority pertaining to the following acts to the Securities and Exchange Surveillance Commission. However, this does not preclude the Commissioner of the Financial Services Agency from personally exercising the authority to order the submission of reports or materials.
acts by a specified business operator listed in Article 2, paragraph (2), items (xxi), (xxiii) and (xxiv);
第二条第二項第二十一号、第二十三号及び第二十四号に掲げる特定事業者による行為
Article 22, paragraph (6), item (ii)(行政庁等)
acts pertaining to registered financial institution business.
登録金融機関業務に係る行為
Article 22, paragraph (7)(行政庁等)
As provided by Cabinet Order, the Commissioner of the Financial Services Agency may delegate to the Securities and Exchange Surveillance Commission, out of the authority of the Commissioner of the Financial Services Agency, the authority pertaining to acts by a specified business operator listed in Article 2, paragraph (2), items (xxii), (xxxiv) and (xxxv) (excluding the acts listed in the items of the preceding paragraph).
In the cases of the preceding two paragraphs, a request for review of an order to submit reports or materials issued by the Securities and Exchange Surveillance Commission may be made only to the Securities and Exchange Surveillance Commission.
Part of the affairs falling under the authority of an administrative agency prescribed in this Act (excluding affairs that are provided in the provisions of this Act to fall under the authority of a prefectural governor or a Prefectural Public Safety Commission) may be made to be performed by a prefectural governor, as provided by Cabinet Order.
In addition to what is prescribed in the preceding paragraphs, matters necessary for the exercise of the authority of administrative agencies under the provisions of Article 8 and Articles 15 through 19 are specified by Cabinet Order.
In this Act, the competent minister is as follows:
この法律における主務大臣は、次のとおりとする。
Article 23, paragraph (1), item (i)
the minister or commission specified in each of (a) through (e) below, in accordance with the category of specified business operator listed in (a) through (e) below, with regard to matters pertaining to that specified business operator (excluding the matters listed in the following item through item (iv)):
a specified business operator other than those listed in (b) through (e): the minister or commission that is the administrative agency specified in paragraph (1) of the preceding Article;
ロからホまでに掲げる特定事業者以外の特定事業者 前条第一項に定める行政庁である大臣又は委員会
Article 23, paragraph (1), item (i), (b)
a specified business operator listed in Article 2, paragraph (2), item (viii) and item (ix): the competent minister prescribed in Article 98, paragraph (2) of the Agricultural Co-operatives Act;
第二条第二項第八号及び第九号に掲げる特定事業者 農業協同組合法第九十八条第二項に規定する主務大臣
Article 23, paragraph (1), item (i), (c)
a specified business operator listed in Article 2, paragraph (2), items (x) through (xiii) and item (xx): the competent minister prescribed in Article 127, paragraph (2) of the Fishery Industry Cooperative Act;
a specified business operator listed in Article 2, paragraph (2), item (xlii): the Minister of Land, Infrastructure, Transport and Tourism;
第二条第二項第四十二号に掲げる特定事業者 国土交通大臣
Article 23, paragraph (1), item (i), (e)
a specified business operator listed in Article 2, paragraph (2), item (xlvii): the Minister of Internal Affairs and Communications;
第二条第二項第四十七号に掲げる特定事業者 総務大臣
Article 23, paragraph (1), item (ii)
the matters listed in the items of paragraph (2) of the preceding Article: the ministers specified in (a) through (c) of the preceding item and the Minister of Finance;
前条第二項各号に掲げる事項 前号イからハまでに定める大臣及び財務大臣
Article 23, paragraph (1), item (iii)
the matters prescribed in that paragraph concerning a specified business operator prescribed in paragraph (3) of the preceding Article: the Prime Minister;
前条第三項に規定する特定事業者に係る同項に規定する事項 内閣総理大臣
Article 23, paragraph (1), item (iv)
the matters prescribed in that paragraph concerning a specified business operator prescribed in paragraph (4) of the preceding Article: the National Public Safety Commission.
前条第四項に規定する特定事業者に係る同項に規定する事項 国家公安委員会
Article 23, paragraph (2)
In this Act, the order of the competent ministry is an order issued jointly by the Prime Minister, the Minister of Internal Affairs and Communications, the Minister of Justice, the Minister of Finance, the Minister of Health, Labour and Welfare, the Minister of Agriculture, Forestry and Fisheries, the Minister of Economy, Trade and Industry and the Minister of Land, Infrastructure, Transport and Tourism.
Article 24, paragraph (1)(事務の区分)Category of Administrative AffairsChanged
Out of the affairs that are to be processed by prefectures pursuant to the provisions of this Act, those pertaining to the following persons are Type 1 statutory entrusted affairs prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
an agricultural cooperative and a federation of agricultural cooperatives that conduct the business referred to in Article 10, paragraph (1), item (iii) of the Agricultural Co-operatives Act;
農業協同組合法第十条第一項第三号の事業を行う農業協同組合及び農業協同組合連合会
Article 24, paragraph (1), item (ii)(事務の区分)
a fishery cooperative that conducts the business referred to in Article 11, paragraph (1), item (iv) of the Fishery Industry Cooperative Act;
水産業協同組合法第十一条第一項第四号の事業を行う漁業協同組合
Article 24, paragraph (1), item (iii)(事務の区分)
a federation of fishery cooperatives that conducts the business referred to in Article 87, paragraph (1), item (iv) of the Fishery Industry Cooperative Act;
水産業協同組合法第八十七条第一項第四号の事業を行う漁業協同組合連合会
Article 24, paragraph (1), item (iv)(事務の区分)
a fishery processing cooperative that conducts the business referred to in Article 93, paragraph (1), item (ii) of the Fishery Industry Cooperative Act;
水産業協同組合法第九十三条第一項第二号の事業を行う水産加工業協同組合
Article 24, paragraph (1), item (v)(事務の区分)
a federation of fishery processing cooperatives that conducts the business referred to in Article 97, paragraph (1), item (ii) of the Fishery Industry Cooperative Act.
水産業協同組合法第九十七条第一項第二号の事業を行う水産加工業協同組合連合会
Chapter VI Penal Provisions第六章 罰則
Article 25第二十五条
Article 25, paragraph (1)
If, for the purpose of concealing the identification data of a customer, etc. or representative, etc., a person commits an act in violation of the provisions of Article 4, paragraph (6) (limited to one pertaining to the identification data of that customer, etc. or representative, etc.), the person who committed that violation is punished by imprisonment for not more than three years or a fine of not more than 5,000,000 yen, or both.
A person who, impersonating another person, for the purpose of receiving, or having a third party receive, the provision of services pertaining to a deposit contract (meaning a deposit contract prescribed in the right-hand column of the row for the persons listed in Article 2, paragraph (2), items (i) through (xxxviii) in the Appended Table; hereinafter the same applies in this paragraph and Article 32, paragraph (4), item (i), (a)) with a specified business operator (limited to a specified business operator listed in Article 2, paragraph (2), items (i) through (xv) and item (xxxvii); referred to as a "deposit-taking business operator" in Article 32, paragraph (4), item (i)), takes over, receives delivery of or is provided with a deposit passbook, a card for withdrawing deposits, information necessary for withdrawing or transferring deposits, or any other thing specified by Cabinet Order as necessary for receiving the provision of those services, pertaining to that deposit contract (hereinafter referred to in this Article as "deposit passbook, etc."), is punished by imprisonment for not more than three years or a fine of not more than 5,000,000 yen, or both. The same applies to a person who, without a legitimate reason such as that it is carried out as an ordinary commercial transaction or financial transaction, takes over, receives delivery of or is provided with a deposit passbook, etc. for consideration.
A person who, knowing that the other party has the purpose referred to in the first sentence of the preceding paragraph, transfers, delivers or provides a deposit passbook, etc. to that person is also punished in the same manner as under that paragraph. The same applies to a person who, without a legitimate reason such as that it is carried out as an ordinary commercial transaction or financial transaction, transfers, delivers or provides a deposit passbook, etc. for consideration.
A person who, as a business, commits an act constituting an offense under the preceding two paragraphs is punished by imprisonment for not more than five years or a fine of not more than 10,000,000 yen, or both.
A person who solicits another person to commit an act constituting an offense under paragraph (1) or (2), or induces another person to do so by advertisement or a similar method, is also punished in the same manner as under paragraph (1).
A person who, impersonating another person, for the purpose of receiving, or having a third party receive, the provision of services pertaining to a contract for use of high-value electronically transferable prepaid payment instruments (meaning a contract under which an issuer of high-value electronically transferable prepaid payment instruments allows a customer to use high-value electronically transferable prepaid payment instruments prescribed in Article 3, paragraph (8) of the Payment Services Act; hereinafter the same applies in this paragraph and Article 32, paragraph (4), item (i), (b)) with a specified business operator listed in Article 2, paragraph (2), item (xxx)-2 (hereinafter in this paragraph and Article 32, paragraph (4), item (i), (b) referred to as an "issuer of high-value electronically transferable prepaid payment instruments"), is provided with a code attached so as to enable the issuer of high-value electronically transferable prepaid payment instruments to distinguish and identify the person who receives the provision of services pertaining to a contract for use of high-value electronically transferable prepaid payment instruments from other persons, or with other information necessary for receiving the provision of those services (hereinafter referred to in this Article as "information for use of high-value electronically transferable prepaid payment instruments"), is punished by imprisonment for not more than three years or a fine of not more than 5,000,000 yen, or both. The same applies to a person who, without a legitimate reason such as that it is carried out as an ordinary commercial transaction, is provided with information for use of high-value electronically transferable prepaid payment instruments for consideration.
A person who, knowing that the other party has the purpose referred to in the first sentence of the preceding paragraph, provides information for use of high-value electronically transferable prepaid payment instruments to that person is also punished in the same manner as under that paragraph. The same applies to a person who, without a legitimate reason such as that it is carried out as an ordinary commercial transaction, provides information for use of high-value electronically transferable prepaid payment instruments for consideration.
A person who, as a business, commits an act constituting an offense under the preceding two paragraphs is punished by imprisonment for not more than five years or a fine of not more than 10,000,000 yen, or both.
A person who solicits another person to commit an act constituting an offense under paragraph (1) or (2), or induces another person to do so by advertisement or a similar method, is also punished in the same manner as under paragraph (1).
A person who, impersonating another person, for the purpose of remitting money or receiving a remittance by funds transfer transaction with a specified business operator listed in Article 2, paragraph (2), item (xxxi) (hereinafter in this paragraph and Article 32, paragraph (4), item (i) referred to as a "funds transfer service provider"), or having a third party do so, takes over, receives delivery of or is provided with a card for receiving a remittance pertaining to that funds transfer transaction, information necessary for the remittance or its receipt, or any other thing specified by Cabinet Order as necessary for remittance or its receipt by funds transfer transaction with a funds transfer service provider (hereinafter referred to as "exchange transaction card, etc."), is punished by imprisonment for not more than three years or a fine of not more than 5,000,000 yen, or both. The same applies to a person who, without a legitimate reason such as that it is carried out as an ordinary commercial transaction, takes over, receives delivery of or is provided with an exchange transaction card, etc. for consideration.
A person who, knowing that the other party has the purpose referred to in the first sentence of the preceding paragraph, transfers, delivers or provides an exchange transaction card, etc. to that person is also punished in the same manner as under that paragraph. The same applies to a person who, without a legitimate reason such as that it is carried out as an ordinary commercial transaction, transfers, delivers or provides an exchange transaction card, etc. for consideration.
A person who, as a business, commits an act constituting an offense under the preceding two paragraphs is punished by imprisonment for not more than five years or a fine of not more than 10,000,000 yen, or both.
A person who solicits another person to commit an act constituting an offense under paragraph (1) or (2), or induces another person to do so by advertisement or a similar method, is also punished in the same manner as under paragraph (1).
A person who, impersonating another person, for the purpose of receiving, or having a third party receive, the provision of services pertaining to an electronic payment instruments transaction contract (meaning a contract the content of which is to carry out any of the acts listed in the items of Article 2, paragraph (10) of that Act; hereinafter the same applies in this paragraph and Article 32, paragraph (4), item (i), (c)) with a specified business operator (limited to a specified business operator listed in Article 2, paragraph (2), item (xxxi)-2 and a specified business operator listed in items (i) through (xv), item (xxv) and item (xxxi) of that paragraph that is deemed to be an electronic payment instruments service provider prescribed in Article 2, paragraph (12) of the Payment Services Act pursuant to Article 62-8, paragraph (2) of that Act; hereinafter in this paragraph and Article 32, paragraph (4), item (i), (c) referred to as an "electronic payment instruments service provider"), is provided with a code attached so as to enable the electronic payment instruments service provider to distinguish and identify the person who receives the provision of services pertaining to an electronic payment instruments transaction contract from other persons, or with other information necessary for receiving the provision of those services (hereinafter referred to in this Article as "information for electronic payment instruments transactions"), is punished by imprisonment for not more than three years or a fine of not more than 5,000,000 yen, or both. The same applies to a person who, without a legitimate reason such as that it is carried out as an ordinary commercial transaction, is provided with information for electronic payment instruments transactions for consideration.
A person who, knowing that the other party has the purpose set forth in the first sentence of the preceding paragraph, provides that party with information for electronic payment instruments transactions is punished in the same manner as under that paragraph. A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction, provides information for electronic payment instruments transactions for compensation is likewise punished.
A person who, as a business, commits an act constituting an offense under the preceding two paragraphs is punished by imprisonment for five years or less or a fine of 10 million yen or less, or both.
A person who solicits another person to commit an act constituting an offense under paragraph (1) or (2), or induces another person to do so by advertisement or any other similar method, is punished in the same manner as under paragraph (1).
A person who, for the purpose of impersonating another person and receiving the provision of services relating to an electronic payment services use contract (meaning a contract the content of which is to carry out the acts set forth in the items of Article 2, paragraph (17) of the Banking Act, the items of Article 85-3, paragraph (2) of the Shinkin Bank Act, or the items of Article 6-4-3, paragraph (2) of the Act on Financial Businesses by Cooperative; the same applies hereinafter in this paragraph and in Article 32, paragraph (4), item (i), (d)) with a specified business operator (limited to the specified business operators set forth in Article 2, paragraph (2), items (xxxi)-3 through (xxxi)-5; hereinafter in this paragraph and in Article 32, paragraph (4), item (i), (d) referred to as an "electronic payment handling service provider, etc."), or of causing a third party to do so, receives the provision of a code or other information necessary for receiving those services that is assigned so that a person receiving services relating to an electronic payment services use contract at the electronic payment handling service provider, etc. can be distinguished from other persons (hereinafter in this Article referred to as "information for use of electronic payment services") is punished by imprisonment for three years or less or a fine of five million yen or less, or both. A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction, receives the provision of information for use of electronic payment services for compensation is likewise punished.
A person who, knowing that the other party has the purpose set forth in the first sentence of the preceding paragraph, provides that party with information for use of electronic payment services is punished in the same manner as under that paragraph. A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction, provides information for use of electronic payment services for compensation is likewise punished.
A person who, as a business, commits an act constituting an offense under the preceding two paragraphs is punished by imprisonment for five years or less or a fine of 10 million yen or less, or both.
A person who solicits another person to commit an act constituting an offense under paragraph (1) or (2), or induces another person to do so by advertisement or any other similar method, is punished in the same manner as under paragraph (1).
A person who, for the purpose of impersonating another person and receiving the provision of services relating to a cryptoasset exchange contract (meaning a contract the content of which is to carry out the acts set forth in the items of Article 2, paragraph (15) of the Payment Services Act; the same applies hereinafter in this paragraph and in item (i), (e) of paragraph (4) of the following Article) with a cryptoasset exchange service provider, or of causing a third party to do so, receives the provision of a code or other information necessary for receiving those services that is assigned so that a person receiving services relating to a cryptoasset exchange contract at the cryptoasset exchange service provider can be distinguished from other persons (hereinafter in this Article referred to as "information for cryptoasset exchange") is punished by imprisonment for three years or less or a fine of five million yen or less, or both. A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction, receives the provision of information for cryptoasset exchange for compensation is likewise punished.
A person who, knowing that the other party has the purpose set forth in the first sentence of the preceding paragraph, provides that party with information for cryptoasset exchange is punished in the same manner as under that paragraph. A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction, provides information for cryptoasset exchange for compensation is likewise punished.
A person who, as a business, commits an act constituting an offense under the preceding two paragraphs is punished by imprisonment for five years or less or a fine of 10 million yen or less, or both.
A person who solicits another person to commit an act constituting an offense under paragraph (1) or (2), or induces another person to do so by advertisement or any other similar method, is punished in the same manner as under paragraph (1).
A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction or financial transaction, requests another person to carry out a property transfer using specified services for compensation, for the purpose of transferring property that the person or a third party manages or intends to manage, is punished by imprisonment for two years or less or a fine of three million yen or less, or both. A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction or financial transaction, induces another person by advertisement or any other similar method to carry out a property transfer using specified services for compensation for that purpose is likewise punished.
A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction or financial transaction, at the request of another person and knowing that the other person has the purpose set forth in the first sentence of the preceding paragraph, carries out a property transfer using specified services for compensation is punished by imprisonment for two years or less or a fine of three million yen or less, or both. A person who, without a legitimate reason such as that it is conducted as an ordinary commercial transaction or financial transaction, indicating that the person will undertake a property transfer using specified services, solicits another person to request the person to carry out a property transfer using specified services for compensation, or induces another person to do so by advertisement or any other similar method, is likewise punished.
A person who, as a business, commits an act constituting an offense under the first sentence of paragraph (1) or the first sentence of the preceding paragraph is punished by imprisonment for three years or less or a fine of five million yen or less, or both.
In paragraphs (1) and (2), "property transfer using specified services" means the following acts:
第一項及び第二項において「特定役務利用財産移転行為」とは、次に掲げる行為をいう。
Article 32, paragraph (4), item (i)Changed
an act of transferring property to a person other than oneself by using deposit contract services, etc. (meaning services relating to the contracts specified in (a) through (e) with the specified business operators set forth in (a) through (e), andincluding services relating to remittance or receipt thereof by a funds transfer transaction with a deposit-taking business operator or funds transfer service provider; the same applies in the following item and item (iii));
a deposit-taking business operator: a deposit contract;
預貯金取扱事業者 預貯金契約
Article 32, paragraph (4), item (i), (b)Removed
an issuer of high-value electronically transferable prepaid payment instruments: a contract for use of high-value electronically transferable prepaid payment instruments;
高額電子移転可能型前払式支払手段発行者 高額電子移転可能型前払式支払手段利用契約
Article 32, paragraph (4), item (i), (c)Removed
an electronic payment instruments service provider: an electronic payment instruments transaction contract;
電子決済手段等取引業者 電子決済手段等取引契約
Article 32, paragraph (4), item (i), (d)Removed
an electronic payment handling service provider, etc.: an electronic payment services use contract;
電子決済等取扱業者等 電子決済等利用契約
Article 32, paragraph (4), item (i), (e)Removed
a cryptoasset exchange service provider: a cryptoasset exchange contract;
暗号資産交換業者 暗号資産交換契約
Article 32, paragraph (4), item (ii)
an act of transferring to a person other than oneself all or part of property equivalent to property received by using deposit contract services, etc.;
預貯金契約等役務を利用して受け取った財産に相当する財産の全部又は一部を自己以外の者に移転する行為
Article 32, paragraph (4), item (iii)
an act of promising to receive property by using deposit contract services, etc. and transferring to a person other than oneself all or part of property equivalent to that property.
If a person violates an order under the provisions of Article 18, the person who committed the violation is punished by imprisonment for two years or less or a fine of three million yen or less, or both.
In any of the following cases, the person who committed the violation is punished by imprisonment for one year or less or a fine of three million yen or less, or both:
if a person fails to submit a report or materials under the provisions of Article 15 or Article 19, paragraph (2), or submits a false report or materials;
if a person fails to answer questions under the provisions of Article 16, paragraph (1) or Article 19, paragraph (3), or gives a false answer, or refuses, obstructs or evades an inspection under those provisions.
If a representative of a corporation, or an agent, employee or other worker of a corporation or person, commits a violationIn any of a provision set forth in the following items in connection with the business of that corporation or person, in addition to punishing the offendercases, the fine prescribed inperson who committed the relevant itemviolation is imposed on that corporation, and thepunished by a fine prescribed in the relevant Article is imposed on that person.of 500,000 yen or less:
Article 25:When the fine prescribed person has made a false report or submitted false materials in that response to a request under the provisions of Article; 19-9, paragraph (2), or has given a false answer to a question under the provisions of that paragraph.
When the person has submitted an application form or materials prescribed in Article 33: a fine 9, paragraph (1) or (2) of 300 million yen or less;the Applied Payment Act with false statements.
When the preceding person has submitted the notification form under Article: a fine 17, paragraph (1) of 200 million yen or lessthe Applied Payment Act with false statements.
前条 二億円以下の罰金刑準用支給法第十七条第一項の届出書に虚偽の記載をして提出したとき。
Article 35, paragraph (1), item (iv)Added
When the person, having been ordered to make a report or submit documents under the provisions of Article 19-18, has made a false report or submitted documents containing false statements (limited to a violation by an applicant for specified compensation for criminal damage or a person who has made a notification under the provisions of Article 17, paragraph (1) of the Applied Payment Act).
The provisions Where a representative of Chapter IX of the Financial Instruments and Exchange Act apply mutatis mutandis to cases involving a corporation, or an agent, employee or other worker of a corporation or person, commits a violation of the offenses prescribedprovisions listed in Article 25 and item (i) ofthe following items in connection with the preceding Articlebusiness of that relate corporation or person, in addition to the acts set forth in offender being punished, the corporation is subject to the items of Article 22, paragraph (6)fine prescribed in the relevant item, and the person is subject to the fine prescribed in the relevant main provision.
If a representative or manager of a corporation (including an organization that is not a corporation and for which a representative or manager has been designated; hereinafter the same applies in this paragraph), or an agent, employee or other worker of a corporation or person, commits a violation referred to in the preceding Article in connection with the business of that corporation or person, in addition to the offender being punished, the penalty prescribed in that Article is also imposed on that corporation or person.
Where the provisions of the preceding paragraph apply to an organization that is not a corporation, its representative or manager represents the organization in respect of its procedural acts, and the provisions of laws on criminal proceedings that are applicable where a corporation is the accused or a suspect apply mutatis mutandis.
Article 37, paragraph (1)(金融商品取引法の準用)Application Mutatis Mutandis of the Financial Instruments and Exchange ActAdded
The provisions of Chapter IX of the Financial Instruments and Exchange Act apply mutatis mutandis to cases of the offenses prescribed in Article 25 and in paragraph (1), item (i) of the preceding Article pertaining to the acts listed in the items of Article 22, paragraph (6).