Act on Prevention of Transfer of Criminal Proceeds

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, 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.

①In 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.

②In this Act, "specified business operator" means any of the following persons:

③In 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.

①In 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.

②The 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.

③The 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.

④When 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.

⑤In 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.

①A 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.

②A 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.

③The 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.

④When 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.

⑥A 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.

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.

①When 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.

②A 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.

①A 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.

②A 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.

③A 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.

①A 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.

②A 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.

③The 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.

④A 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.

⑤When an administrative agency (limited to a prefectural governor or a Prefectural 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.

⑥When 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.

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.

①When 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.

②When 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.

③When 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).

④When 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).

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) 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; 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; the same applies hereinafter) (excluding those accompanying the exchange, etc. of electronic payment instruments prescribed in paragraph (10) of that Article; 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.

①An 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.

②An 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.

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.

①A 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.

②A 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.

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.

①Measures 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).

②The 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.

③The government and the Japan Federation of Bar Associations are to cooperate with each other with regard to the prevention of transfer of criminal proceeds.

①If 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.

②Where 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.

①The 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).

②With 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.

③When 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.

④When 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.

⑤If 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.

①An 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.

②An 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.

③The 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.

④The provisions of paragraph (1) do not apply to the Bank of Japan, which is a specified business operator.

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.

①When 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.

②The 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.

③The Superintendent General of the Metropolitan Police Department or the head of a Do, Fu or 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.

④When 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.

⑤An 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.

In addition to what is provided for in this Act, matters necessary for implementing this Act are specified by order of the competent ministry.

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.

①The 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.

②Notwithstanding 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.

③Notwithstanding 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.

④Notwithstanding 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.

⑤The 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.

⑥The 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.

⑦As 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).

⑧In 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.

⑨Part 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.

⑩In 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.

①In this Act, the competent minister is as follows:

②In 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.

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).

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.

①A 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.

②A 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.

③A 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.

④A 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).

①A 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.

②A 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.

③A 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.

④A 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).

①A 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.

②A 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.

③A 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.

④A 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).

①A 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.

②A 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.

③A 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.

④A 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).

①A 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.

②A 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.

③A 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.

④A 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).

①A 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.

②A 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.

③A 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.

④A 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).

①A 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.

②A 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.

③A 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.

④In paragraphs (1) and (2), "property transfer using specified services" means the following acts:

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 representative of a corporation, or an agent, employee or other worker of a corporation or person, commits a violation of a provision set forth in the following items in connection with the business of that corporation or person, in addition to punishing the offender, the fine prescribed in the relevant item is imposed on that corporation, and the fine prescribed in the relevant Article is imposed on that person.

The provisions of Chapter IX of the Financial Instruments and Exchange Act apply mutatis mutandis to cases involving the offenses prescribed in Article 25 and item (i) of the preceding Article that relate to the acts set forth in the items of Article 22, paragraph (6).