Act on Prevention of Transfer of Criminal Proceeds

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:

a bank;

a Shinkin bank;

a federation of Shinkin banks;

a labor bank;

a federation of labor banks;

a credit cooperative;

a federation of credit cooperatives;

an agricultural cooperative;

a federation of agricultural cooperatives;

a fishery cooperative;

a federation of fishery cooperatives;

a fishery processing cooperative;

a federation of fishery processing cooperatives;

Norinchukin Bank;

Shoko Chukin Bank, Ltd.;

Development Bank of Japan Inc.;

an insurance company;

a foreign insurance company, etc. prescribed in Article 2, paragraph (7) of the Insurance Business Act (Act No. 105 of 1995);

a small amount and short term insurance business operator prescribed in Article 2, paragraph (18) of the Insurance Business Act;

a federation of fishery cooperatives for mutual aid;

a financial instruments business operator prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act (Act No. 25 of 1948);

a securities finance company prescribed in Article 2, paragraph (30) of the Financial Instruments and Exchange Act;

a person that has made a notification of special business activities prescribed in Article 63, paragraph (5) of the Financial Instruments and Exchange Act;

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;

a trust company;

a person that has obtained the registration under Article 50-2, paragraph (1) of the Trust Business Act (Act No. 154 of 2004);

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 mujin company;

a money lender prescribed in Article 2, paragraph (2) of the Money Lending Business Act (Act No. 32 of 1983);

a person specified by Cabinet Order out of the persons prescribed in Article 2, paragraph (1), item (v) of the Money Lending Business Act;

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 funds transfer service provider prescribed in Article 2, paragraph (3) of the Payment Services Act;

an electronic payment instruments service provider prescribed in Article 2, paragraph (12) of the Payment Services Act;

an electronic payment handling service provider prescribed in Article 2, paragraph (18) of the Banking Act (Act No. 59 of 1981);

a Shinkin bank electronic payment handling service provider prescribed in Article 85-3-2, paragraph (1) of the Shinkin Bank Act (Act No. 238 of 1951);

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;

a commodity derivatives business operator prescribed in Article 2, paragraph (23) of the Commodity Derivatives Transaction Act (Act No. 239 of 1950);

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;

an electronic monetary claim recording institution prescribed in Article 2, paragraph (2) of the Electronically Recorded Monetary Claims Act (Act No. 102 of 2007);

the Organization for Postal Savings, Postal Life Insurance and Post Office Network, Independent Administrative Agency;

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);

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;

a certified administrative procedures legal specialist or a certified administrative procedures legal specialist corporation;

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;

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.

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.