Financial Instruments and Exchange Act

If it is necessary for investigating a criminal case, a Commission official may conduct an inspection; search the body of a suspect or witness in a criminal case, an object of a suspect or witness in a criminal case, or a residence or any other place associated with a suspect or witness in a criminal case; seize an article of evidence or a thing the official considers to be an object that should be confiscated; or conduct a seizure withissue an order to produce a copy ofprovide electronic or magnetic records (meaning ordering the keeper of anan order to provide necessary electronic or magnetic record or a person with the authority to access an electronic or magnetic record to copy the necessary electronic or magnetic record onto a recording medium,records to the persons set forth in the following items by the methods specified in those items (limited to an order given by designating the electronic or print out that record, magnetic records to be provided and seizing that recording mediumthe method of provision); hereinafter the same applies in this Chapter) through a warrant issued in advance by the judge of the district court or summary court that has jurisdiction over the locality of the Commission; provided, however, that a Commission official may search the body of a witness, an object associated with a witness, or a residence or any other place associated with a witness only if there are sufficient circumstances for the official to discern the existence of an object to be seized.

a person that keeps electronic or magnetic records: the method set forth in (a) or (b) below;

a method of causing an electronic or magnetic record to be recorded on or transferred to a recording medium and causing that recording medium to be submitted;

a method of causing an electronic or magnetic record to be recorded on or transferred to a recording medium under the control of the person issuing the order, through telecommunication lines;

a person with the authority to use an electronic or magnetic record (excluding a person set forth in the preceding item): the method set forth in (a) or (b) of that item (limited to a method by which an electronic or magnetic record is recorded on a recording medium).

In the cases referred to in the preceding two paragraphs, in cases of urgency, a Commission official may make a disposition referredIf a Commission official issues an order to provide electronic or magnetic records and it is necessary to in the preceding two paragraphsdo so, the official may, with a warrant issued in advance bythe permission of the judge of the district court or the summary court that has jurisdiction over the locality of the Commission, order the person who is to record receive that order to provide electronic or print out magnetic records, specifying a period not exceeding one year, not to disclose without good reason the object or place fact of having received that order to be inspected, provide electronic or magnetic records, or the body, objectfact of having provided, or place to be searchedhaving failed to provide, the object electronic or magnetic records ordered to be seized, or the provided by that order to provide electronic or magnetic recordrecords.

In requesting a warrantthe cases referred to in paragraph (1) or the preceding paragraph (hereinafter the preceding three paragraphs, in cases of urgency, a Commission official may make a disposition referred to as a "in the preceding three paragraphs with a warrant" issued in this Chapter, excluding Article 222-3, paragraphs (4) and (5)), a Commission official must submit materials that confirm the existence of a criminal caseadvance by the judge of the district court or the summary court that has jurisdiction over the locality of the object or place to be inspected, the body, object, or place to be searched, the object to be seized, or the person who is to provide the electronic or magnetic record.

If a request under the preceding paragraph is made, the judge of the district court or the summary court must deliverIn requesting a warrant to a Commission official which states the name of the suspectreferred to in the criminal case (for a corporation, the name of the corporation), the charged offense, the object paragraph (1) or place to be inspected, the person, object, or place to be searched, the object to be seized, or the electronic or magnetic record to be recorded or printed out and the person who ispreceding paragraph (hereinafter referred to record or print out the record, and the government position and name of the requester, the valid period, the fact that after the valid period ends, the warrant may not be executed andas a "warrant" in this Chapter, excluding Article 222-4, paragraphs (4) through (8)), a Commission official must be returned, the date of issuance andsubmit materials that confirm the nameexistence of the court, and bears their name and seala criminal case.

In the case referred to in paragraph (2), in addition to the particulars prescribedA warrant may be in the preceding paragraph, the warrant must state the scopeform of the recording medium that is connected via telecommunication lines to the computer to be seized, and whose electronic or magnetic records are to be copiedan electronic or magnetic record, as well as in writing, as provided by the Rules of the Supreme Court.

A If a Commission official may deliver a warrant to another Commission official has issued an order under the provisions of paragraph (3) and have that official execute the inspection, search, seizure, or seizure with an order to produce a copyit has ceased to be necessary, the official must rescind it, on the official's own initiative or at the request of recordsthe person who received that order.

If a request under paragraph (5) is made and the judge of the district court or the summary court issues a warrant, that judge must issue to a Commission official a warrant that states or records the name of the suspect in the criminal case (for a corporation, the name of the corporation), the charged offense, the object or place to be inspected, the person, object, or place to be searched, the object to be seized, or the electronic or magnetic record to be provided, the person who is to provide it and the method of provision, the government position and name of the requester, the particulars specified in each of the following items in accordance with the category of cases set forth in that item, the date of issuance, the name of the court, and other particulars specified by the Rules of the Supreme Court.

If the warrant is in writing: the valid period, and the fact that after the valid period ends, the warrant may not be executed or an order to provide electronic or magnetic records issued and must be returned;

If the warrant is in the form of an electronic or magnetic record: the valid period, and the fact that after the valid period ends, the warrant may not be executed or an order to provide electronic or magnetic records issued and the Commission official must take measures specified by the Rules of the Supreme Court such as erasing the warrant from the computer used by the Commission official, and must submit to that judge an electronic or magnetic record recording the fact that those measures have been taken.

In the case referred to in paragraph (2), in addition to the particulars prescribed in the preceding paragraph, the warrant must state or record the scope of the recording medium that is connected via telecommunication lines to the computer to be seized, and whose electronic or magnetic records are to be copied.

A warrant must be one for which the measures specified in each of the following items have been taken in accordance with the category of cases set forth in that item.

If the warrant is in writing: the judge affixes the judge's name and seal;

If the warrant is in the form of an electronic or magnetic record: the judge takes a measure specified by the Rules of the Supreme Court in place of affixing a name and seal (limited to one by which, when the particulars recorded in the warrant are displayed on the screen of a computer, on paper, or on another thing, the judge's name is also displayed).

When the judge of the district court or the summary court grants the permission under paragraph (3), the judge must state or record in the warrant that fact and the period for which the person is ordered not to disclose under the provisions of that paragraph.

A Commission official may provide a warrant to another Commission official and have that official execute the inspection, search, seizure, or order to provide electronic or magnetic records.

If it is necessary for investigating a criminal case, a Commission official may seize a document concerning a postal item, correspondence item, or telegraphic communication sent by or addressed to a suspect in a criminal case, which, based on the provisions of laws and regulations, is stored by or in the possession of a person handling communications, by receiving delivery ofbeing issued a warrant.

A Commission official may seize a document concerning a postal item, correspondence item, or telegraphic communication not falling under the preceding paragraph, which, based on the provisions of laws and regulations, is stored by or in the possession of a person handling communications only if there are sufficient circumstances to suppose that the document is related to a criminal case, by being issued a warrant.

If it is necessary for carrying out the seizure or the seizure with having electronic or magnetic records provided by an order to produce a copy ofprovide electronic or magnetic records, a Commission official may specify the necessary electronic or magnetic records from among the electronic or magnetic records of the sender, recipient, date and time, and other communications history, for telecommunications that are recorded in the course of business, and request in writing or by electronic or magnetic record that a person engaged in the business of making equipment to be used for telecommunication available for other persons' communications or a person that has established equipment which is used for telecommunication and that is capable of intermediating the communications of unspecified or many persons for their own business not to erase the specified electronic or magnetic records during a fixed period of no longer than 30 days. In such a case, if the Commission official comes to find that it is no longer necessary to carry out the seizure orof the seizure with an order electronic or magnetic records subject to produce a copy of that request or to have those electronic or magnetic records concerning thoseprovided by an order to provide electronic or magnetic records, the Commission official must withdraw that request.