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Foreign exchange and trade外国為替・貿易

Foreign Exchange and Foreign Trade Act

外国為替及び外国貿易法(がいこくかわせおよびがいこくぼうえきほう)

Japan's rules for money, investment and trade that cross its borders: free in principle, with the minimum necessary controls on payments, capital transactions, investment out of and into Japan, and exports and imports.

Text in force since
Promulgated
Articles
85
Amendments on the way
3

What this law does

  • Foreign exchange, foreign trade and other dealings with other countries are free in principle; the Act applies only the minimum necessary control or coordination, so that those dealings develop normally and the peace and security of Japan and the international community are maintained. Its permission duties for payments, capital transactions and exports are imposed as Cabinet Orders (政令) provide, its standards for financial businesses are set by an Order of the competent ministry (主務省令), and it is applied by the competent minister (主務大臣), whom a Cabinet Order names, by the Minister of Finance or by the Minister of Economy, Trade and Industry.(Art. 1(1), Art. 69-2(1), Art. 16(1), Art. 21(1), Art. 48(1), Art. 55-9-2(1)) (the provisions it rests on)
Read the full overview
  • Among other grounds, where it is needed to carry out Japan's treaty obligations, to contribute to international efforts for peace, or to carry out a Cabinet decision under Article 10 that measures are especially necessary for Japan's peace and security, the competent minister can require permission for payments from Japan abroad and for residents' payments with non-residents, the Minister of Finance can require it for capital transactions such as deposits, loans and securities deals between residents (居住者) and non-residents (非居住者), and imports, exports, services and some trade-related transactions can likewise be made subject to approval or permission. A payment for a transaction that needs permission, approval or notice under the Act must not be made without it, except where a Cabinet Order allows. The Government must ask the Diet () to approve measures taken on such a Cabinet decision within 20 days of taking them (or promptly at its next session if it is not sitting), and end them promptly if the Diet votes not to approve.(Art. 10(1), Art. 10(2), Art. 10(3), Art. 16(1), Art. 16(5), Art. 21(1), Art. 20(1)(i), Art. 20(1)(ii), Art. 20(1)(v), Art. 24(1), Art. 25(6), Art. 48(3), Art. 52(1)) (the provisions it rests on)
  • Exports of goods are allowed with the fewest restrictions consistent with the Act's purpose. But exporting goods of a kind a Cabinet Order lists, to a region it lists, as hindering international peace and security needs the permission of the Minister of Economy, Trade and Industry; so does a transaction by a resident or non-resident to provide specified technology (特定技術) — technology for designing, making or using goods of a kind a Cabinet Order lists — in a listed foreign country, or by a resident to provide it to a non-resident of such a country, and a resident's deal with a non-resident to sell, lend or give goods that move between foreign countries, of a kind a Cabinet Order lists. Where needed to make those rules effective, the Minister can also require permission to export the listed goods to other regions, to provide the technology in or to other foreign countries, and to carry it abroad in documents or records or send it abroad by telecommunication.(Art. 47(1), Art. 48(1), Art. 48(2), Art. 25(1), Art. 25(2), Art. 25(3), Art. 25(4)) (the provisions it rests on)
  • A resident (居住者) planning an outward direct investment (対外直接投資) — acquiring shares in, or lending to, a foreign corporation to set up a lasting economic relationship, or paying to set up or expand a branch or factory abroad — of a kind a Cabinet Order lists as likely to seriously harm the smooth running of Japan's economy, or to hurt international peace and security or hinder public order, must notify the Minister of Finance in advance, and must not make it until 20 days after the notice is received, unless the Minister, seeing no particular problem, shortens that period. Within 20 days of receiving the notice, the Minister can recommend that the investment be changed or stopped, if it would bring about one of those harms or a Cabinet decision under Article 10 has been made; the resident then must not invest until 20 days after the recommendation, unless it accepts. The resident must say within 10 days whether it accepts, and must invest as recommended if it does; if it does not reply or does not accept, the Minister can order the change or stop within 20 days of the recommendation.(Art. 23(1), Art. 23(2), Art. 23(3), Art. 23(4), Art. 23(5), Art. 23(6), Art. 23(7), Art. 23(8), Art. 23(9)) (the provisions it rests on)
  • A foreign investor (外国投資家) planning an inward direct investment or equivalent action (対内直接投資等) of a kind a Cabinet Order lists — such as acquiring shares in an unlisted company other than from another foreign investor, reaching a holding a Cabinet Order sets (at least 1%) in a listed one, or setting up a branch in Japan — must notify the Minister of Finance and the competent minister for the business (事業所管大臣) in advance, and must not make it until 30 days after the notice is received, unless the ministers find no screening is needed and shorten that period. To screen it for risks such as harm to national security, public order or public safety, or serious harm to the smooth running of the economy, the ministers can extend that period to four months from receipt (five, where the Council on Customs, Tariffs, Foreign Exchange, and Other Transactions (関税・外国為替等審議会) says it cannot give its opinion in time), then, if they find such a risk, recommend after hearing the Council that the investment be changed or stopped; the investor must say within 10 days whether it accepts, must follow the recommendation if it does, and can be ordered to make the change or stop if it does not reply or does not accept. The same applies to a specified acquisition (特定取得) — buying shares in an unlisted company from another foreign investor — screened for risks to national security.This is the rule until 3 January 2027.(Art. 26(1), Art. 26(2)(i), Art. 26(2)(iii), Art. 26(2)(vi), Art. 26(3), Art. 27(1), Art. 27(2), Art. 27(3), Art. 27(5), Art. 27(6), Art. 27(7), Art. 27(8), Art. 27(10), Art. 28(1), Art. 28(2), Art. 28(3), Art. 28(5), Art. 28(6), Art. 28(7)) (the provisions it rests on)
  • A foreign investor (外国投資家) planning an inward direct investment or equivalent action (対内直接投資等) of a kind a Cabinet Order lists — such as acquiring shares in an unlisted company other than from another foreign investor, reaching a holding a Cabinet Order sets (at least 1%) in a listed one, setting up a branch in Japan, or, in a foreign body that holds shares in a Japanese company as the Act describes, newly reaching 50% or more of the voting rights or voting so that it and persons related to it newly make up a majority of the officers — must notify the Minister of Finance and the competent minister for the business (事業所管大臣) in advance, including any measures it will take to remove a risk to national security or the economy, such as limiting its involvement in management, and must not make it until 30 days after the notice is received, unless the ministers find no screening is needed and shorten that period. To screen it, the ministers can extend that period to four months from receipt (five, where the Council on Customs, Tariffs, Foreign Exchange, and Other Transactions (関税・外国為替等審議会) says it cannot give its opinion in time; and to 14 days after the investor's own filing of a correction to its measures, where less than that is left), then, if they find it a risk the screening guards against, recommend after hearing the Council that the investment be changed, its measures corrected or the investment stopped; an investor that accepts must follow the recommendation, and one that does not reply within 10 days or does not accept can be ordered to; once the period is over, the investor must notify the ministers before changing its measures. The same applies to a specified acquisition (特定取得) — buying shares in an unlisted company from another foreign investor — screened for risks to national security, and these rules reach investments made from 30 days after Act No. 30 of 2026 came into force, earlier ones staying under the earlier rules.This is the rule from 4 January 2027.(Art. 26(1), Art. 26(2)(i), Art. 26(2)(iii), Art. 26(2)(vi), Art. 26(2)(ix), Art. 26(2)(x), Art. 26(3), Art. 26(5), Art. 27(1), Art. 27(1)(iv), Art. 27(2), Art. 27(3), Art. 27(5), Art. 27(6), Art. 27(7), Art. 27(10), Art. 27-4(1), Art. 28(1), Art. 28(1)(iv), Art. 28(3), Art. 28(5), Art. 28(7), Art. 28-4(1), Suppl. Prov. Art. 3(1), Suppl. Prov. Art. 3(2), Suppl. Prov. Art. 3(5), Art. 27(8), Art. 27-3(2), Art. 28-3(2)) (the provisions it rests on)
  • A resident entering into, renewing or changing a contract with a non-resident (including a non-resident's branch in Japan) under which the non-resident transfers industrial property or other technology rights, licenses them, or gives guidance on running a business — a technology introduction contract (技術導入契約) — of a kind a Cabinet Order lists, must notify the Minister of Finance and the competent minister for the business in advance, and must not conclude it until 30 days after the notice is received, unless the ministers find no screening is needed and shorten that period. To screen it for harm to national security, public order or public safety, or serious harm to the smooth running of the economy, the ministers can extend that period to four months (five, where the Council on Customs, Tariffs, Foreign Exchange, and Other Transactions says it cannot give its opinion in time), and if they find such a risk, recommend after hearing the Council that its terms be changed or that it be stopped; the resident must say within 10 days whether it accepts and must follow the recommendation if it does, and if it does not reply or does not accept, the ministers can order the change or stop. Other such contracts are reported to the ministers after they are made.(Art. 30(1), Art. 30(2), Art. 30(3), Art. 30(5), Art. 30(6), Art. 30(7), Art. 27(7), Art. 27(8), Art. 27(10), Art. 55-6(1)) (the provisions it rests on)
  • A bank or other prescribed financial institution handling a customer's payment from Japan abroad, or a payment between a resident customer and a non-resident (other than small payments a Cabinet Order exempts), must verify the identity of the customer and of anyone acting for it — for a person, name, address or residence and date of birth (for some foreigners without a domicile or residence in Japan, details a Ministry of Finance Order sets instead of the address); for a corporation, name and main office — by a method a Ministry of Finance Order sets, such as seeing a driver's licence, and keep a record of it for seven years. The customer must not give false identifying details, and the institution may refuse to carry out the transaction until the customer agrees to be verified. Funds transfer service providers (資金移動業者) and dealers in electronic payment instruments and the like (電子決済手段等取引業者等) follow the same rules; banks, trust companies, financial instruments business operators (金融商品取引業者) and those dealers must verify identity when entering capital transaction contracts, as money changers (両替業者) must when exchanging currency, other than small exchanges a Cabinet Order exempts.(Art. 18(1), Art. 18(1)(i), Art. 18(1)(ii), Art. 18(2), Art. 18(4), Art. 18-2(1), Art. 18-3(1), Art. 18-3(2), Art. 18-5(1), Art. 18-6(1), Art. 22-2(1), Art. 22-3(1)) (the provisions it rests on)
  • Residents and non-residents must report payments they make from Japan abroad or receive from abroad, and residents their payments with non-residents, to the competent minister, except in cases a Cabinet Order sets; a payment made through a bank or funds transfer service provider is reported through it, unless the report is filed through the government's online system under a separate Act. For each capital transaction listed in Article 55-3, the party that article names — the resident for most, the non-resident for a few — reports it to the Minister of Finance, except in cases a Cabinet Order sets, and a foreign investor reports an inward direct investment it made without advance notice to the Minister of Finance and the competent minister for the business. Anyone carrying means of payment, securities or precious metals into or out of Japan must notify the Minister of Finance in advance, unless they have the Minister's permission or a Cabinet Order exempts it.(Art. 55(1), Art. 55(2), Art. 55-3(1), Art. 55-5(1), Art. 19(3)) (the provisions it rests on)
Article 1 states the law's own purpose
Residents and non-residentsPermission for paymentsCapital transactionsOutward direct investmentInward direct investmentTechnology transferExport licensingReporting payments

Contents

Amendments

A Japanese law is changed by another law or order that rewrites it — an . This law has 3 amendments on the way — , but . Its latest amendments are below. This law's amendments page lists every amendment e-Gov records and, for those whose changes this site has read, shows them provision by provision, in Japanese and English.

4 January 2027

in 2 months

Act Partially Amending the Foreign Exchange and Foreign Trade Act

外国為替及び外国貿易法の一部を改正する法律

1 April 2027

in 5 months

Act Partially Amending the Financial Instruments and Exchange Act and the Payment Services Act

金融商品取引法及び資金決済に関する法律の一部を改正する法律

By 22 July 2027

at the latest, in 8 months

Act Partially Amending the Financial Instruments and Exchange Act and the Payment Services Act

金融商品取引法及び資金決済に関する法律の一部を改正する法律

On a day set by , no later than 22 July 2027 — the amending law allows up to one year from . The exact day is not fixed yet.

18 amendments already in force
  • 12 August 2026

    The text on this site

    Act Partially Amending the Financial Instruments and Exchange Act and the Payment Services Act

    金融商品取引法及び資金決済に関する法律の一部を改正する法律

  • 23 July 2026

    Act Partially Amending the Financial Instruments and Exchange Act and the Payment Services Act

    金融商品取引法及び資金決済に関する法律の一部を改正する法律

  • 5 June 2026

    Act Partially Amending the Foreign Exchange and Foreign Trade Act

    外国為替及び外国貿易法の一部を改正する法律

  • 1 June 2025

    Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc.

    刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律

  • 1 April 2024

    Act Partially Amending the Act on Special Measures Concerning the Freezing, etc. of Assets of International Terrorists Implemented by Japan in Light of United Nations Security Council Resolution 1267, etc., and Other Acts, to Address the Movement of Illicit International Funds, etc.

    国際的な不正資金等の移動等に対処するための国際連合安全保障理事会決議第千二百六十七号等を踏まえ我が国が実施する国際テロリストの財産の凍結等に関する特別措置法等の一部を改正する法律

  • 1 June 2023

    Act Partially Amending the Act on Special Measures Concerning the Freezing, etc. of Assets of International Terrorists Implemented by Japan in Light of United Nations Security Council Resolution 1267, etc., and Other Acts, to Address the Movement of Illicit International Funds, etc.

    国際的な不正資金等の移動等に対処するための国際連合安全保障理事会決議第千二百六十七号等を踏まえ我が国が実施する国際テロリストの財産の凍結等に関する特別措置法等の一部を改正する法律

  • 1 June 2023

    Act Partially Amending the Payment Services Act, etc. to Establish a Stable and Efficient Funds Settlement System

    安定的かつ効率的な資金決済制度の構築を図るための資金決済に関する法律等の一部を改正する法律

  • 1 June 2023

    Act Partially Amending the Foreign Exchange and Foreign Trade Act

    外国為替及び外国貿易法の一部を改正する法律

  • 29 December 2022

    Act Partially Amending the Act on Special Measures Concerning the Freezing, etc. of Assets of International Terrorists Implemented by Japan in Light of United Nations Security Council Resolution 1267, etc., and Other Acts, to Address the Movement of Illicit International Funds, etc.

    国際的な不正資金等の移動等に対処するための国際連合安全保障理事会決議第千二百六十七号等を踏まえ我が国が実施する国際テロリストの財産の凍結等に関する特別措置法等の一部を改正する法律

  • 17 June 2022

    Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc.

    刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律

All 18 amendments already in force

Who it applies to

It applies to

  • Residents (居住者) — people with a domicile or residence in Japan and corporations with their main office here, a non-resident's branch or office in Japan counting as one — and non-residents (非居住者), in the payments, capital transactions and carrying of means of payment the Act governs, the Minister of Finance deciding where it is unclear which a person is; and residents who invest directly abroad or make technology introduction contracts with non-residents.(Art. 6(1)(v), Art. 6(1)(vi), Art. 6(2), Art. 16(1), Art. 19(3), Art. 21(1), Art. 55(1), Art. 23(1), Art. 30(1)) (the provisions it rests on)
  • What the representatives, agents and employees of a corporation with its main office in Japan do abroad concerning its property or business, and what a person domiciled in Japan, or their agents and employees, do abroad concerning that person's property or business.(Art. 5(1)) (the provisions it rests on)
5 more
  • Foreign investors (外国投資家) making an inward direct investment or equivalent action or a specified acquisition: non-resident individuals; corporations and other bodies set up under foreign law or with their main office abroad; companies in which these hold, directly or indirectly, 50% or more of the voting rights; investment partnerships in which they put in 50% or more of the money or make up most of the executive partners; and bodies most of whose officers are non-resident individuals.(Art. 26(1), Art. 26(1)(i), Art. 26(1)(ii), Art. 26(1)(iii), Art. 26(1)(iv), Art. 26(1)(v)) (the provisions it rests on)
  • Someone who is not a foreign investor but makes an inward direct investment or specified acquisition for a foreign investor without using its name, who is treated as the foreign investor for the notice, screening, order and report rules; and partnerships controlled by foreign investors (特定組合等), which are treated as acquiring what their members acquire through them.This is the rule until 3 January 2027.(Art. 27(13), Art. 27(14), Art. 27-2(6), Art. 27-2(7), Art. 28(8), Art. 28(9), Art. 28-2(6), Art. 28-2(7), Art. 55-5(2), Art. 55-5(3)) (the provisions it rests on)
  • Someone who is not a foreign investor but makes an inward direct investment or specified acquisition for a non-resident or other person the Act lists as a foreign investor (非居住者等) without using that person's name — on its account, under a contract or foreign law of a kind a Cabinet Order specifies, or as someone with a family, employment, shareholding or other special relationship to it that a Cabinet Order sets — who is treated as a foreign investor for the notice, screening, order and report rules; and partnerships controlled by foreign investors (特定組合等), which are treated as acquiring what their members acquire through them. These rules reach acts done from 30 days after Act No. 30 of 2026 came into force, and, for the reports, from its coming into force.This is the rule from 4 January 2027.(Art. 27(13), Art. 27(14), Art. 27(14)(i), Art. 27(14)(ii), Art. 27(14)(iii), Art. 27-2(7), Art. 28(8), Art. 28(9), Art. 28-2(7), Art. 29-2(13), Art. 55-5(3), Suppl. Prov. Art. 3(3), Suppl. Prov. Art. 3(4), Suppl. Prov. Art. 3(7), Suppl. Prov. Art. 3(8)) (the provisions it rests on)
  • Anyone exporting or importing goods, or providing technology abroad or to non-residents, in dealings that need permission or approval, and businesses that export listed goods or technology, which must follow the export compliance standards.(Art. 48(1), Art. 48(3), Art. 52(1), Art. 25(1), Art. 25(4), Art. 55-10(1)) (the provisions it rests on)
  • Banks and other prescribed financial institutions, funds transfer service providers (資金移動業者) and dealers in electronic payment instruments and the like (電子決済手段等取引業者等), which must check customers' cross-border payments against the Act's permission requirements and verify customers' identity; and trust companies, financial instruments business operators (金融商品取引業者) and money changers (両替業者), which must verify customers' identity when entering capital transaction contracts or exchanging currency.(Art. 17(1), Art. 17-3(1), Art. 17-4(1), Art. 18(1), Art. 18-5(1), Art. 18-6(1), Art. 22-2(1), Art. 22-3(1)) (the provisions it rests on)
Special rules and exceptions (6)
  • A foreign investor need not give advance notice of acquiring shares or equity in a company, transferring unlisted shares it has held since before becoming a non-resident, or acquiring a listed company's shares or voting rights (or acts a Cabinet Order treats like these), or of a specified acquisition, unless the act is of a kind a Cabinet Order lists as highly likely to raise national-security or similar concerns, or the investor is one the exemption leaves out, such as one that has broken the Act; other inward investments, such as setting up a branch, a loan or taking over a business, get no such exemption. An investor using the exemption must follow standards the Minister of Finance and the competent minister for the business set, and if it does not, they can recommend and then order it to comply.(Art. 26(2)(i), Art. 26(2)(ii), Art. 26(2)(iii), Art. 26(2)(iv), Art. 27-2(1), Art. 27-2(3), Art. 27-2(4), Art. 28-2(1), Art. 28-2(3), Art. 28-2(4)) (the provisions it rests on)
  • A resident whose outward direct investment needs the Minister of Finance's permission under Article 21 need not also notify it under Article 23.(Art. 23(11)) (the provisions it rests on)
  • A resident need not make its own report on some kinds of capital transactions — among them securities and derivatives deals with non-residents — where a bank, a financial instruments business operator or certain dealers in electronic payment instruments handle the deal as intermediary, or, for some deals between residents, where a bank, a financial instruments business operator or a registered filer is the other party.(Art. 55-3(3), Art. 55-3(4)) (the provisions it rests on)
  • The rules on advance notice and screening of technology introduction contracts, and the report on them afterwards, do not apply to contracts for technology that a non-resident's branch in Japan developed itself, or to others a Cabinet Order lists.(Art. 30(8), Art. 55-6(2)) (the provisions it rests on)
  • Provisions requiring a minister's permission, approval or other decision do not apply, as a Cabinet Order provides, when a government body (政府機関) does the act.(Art. 66(1)) (the provisions it rests on)
  • Chapters II and III of the Administrative Procedure Act (行政手続法), a separate Act, do not apply to permissions for listed technology transactions, deals in goods moving between foreign countries and exports of listed goods, or to their revocation.(Art. 55-13(1)) (the provisions it rests on)
How it is enforced (13)
  • Carrying out a listed technology transaction or a listed deal in goods moving between foreign countries, or exporting listed goods to a listed region, without the permission of the Minister of Economy, Trade and Industry is punishable by imprisonment () of up to seven years or a fine of up to 20 million yen (or five times the value of what was involved, if that is more), or both; where the technology or goods are for nuclear weapons, military chemical or biological agents, or rockets or unmanned aircraft that can deliver them, as a Cabinet Order specifies, or especially likely to be used to develop them, the maximum is ten years or 30 million yen (or five times the value). Attempted exports are punished too. Where a representative or employee commits these in a corporation's business, the corporation is also fined up to 700 million yen, or 1 billion yen in the weapons cases (or five times the value, if more).(Art. 69-7(1), Art. 69-7(1)(i), Art. 69-7(1)(ii), Art. 69-7(2), Art. 69-7(2)(i), Art. 69-7(2)(ii), Art. 69-7(3), Art. 72(1), Art. 72(1)(i), Art. 72(1)(ii)) (the provisions it rests on)
  • Providing listed technology in or to other foreign countries, carrying it to a listed country in documents or records or sending it there by telecommunication, or exporting listed goods to other regions, without a permission the Minister of Economy, Trade and Industry required, or exporting or importing goods without a required approval, is punishable by up to five years' imprisonment (拘禁刑) or a fine of up to 10 million yen (or five times the value involved), or both. Many other breaches — paying or making a capital transaction without a required permission, investing out of or into Japan without the required notice or on a false notice, investing during the waiting period, acting against an accepted recommendation or an order, concluding a technology introduction contract without the required notice, on a false notice, during the waiting period or against an accepted recommendation or an order, breaking a condition attached to a permission for listed technology, intermediary trade or listed exports, or getting a trade or technology permission or approval by deception — carry up to three years' imprisonment or a fine of up to 1 million yen (or three times the value), or both. A corporation in whose business these are committed is also fined up to 500 million yen (or five times the value) for the first group, and the same fine as an individual for the second.(Art. 69-8(1), Art. 70(1), Art. 70(1)(iii), Art. 70(1)(vii), Art. 70(1)(x), Art. 70(1)(xi), Art. 70(1)(xii), Art. 70(1)(xiii), Art. 70(1)(xxii), Art. 70(1)(xxiii), Art. 70(1)(xxiv), Art. 70(1)(xxv), Art. 70(1)(xxvii), Art. 70(1)(xxviii), Art. 70(1)(xxix), Art. 70(1)(xxx), Art. 70(1)(xxxv), Art. 70(1)(xxxvi), Art. 72(1), Art. 72(1)(iii), Art. 72(1)(v)) (the provisions it rests on)
  • Not reporting, or reporting falsely, a payment, capital transaction, inward direct investment or technology introduction contract, carrying means of payment, securities or precious metals into or out of Japan without the required notice, disobeying an order to follow compliance standards, or refusing an inspection is punishable by up to six months' imprisonment (拘禁刑) or a fine of up to 500,000 yen; giving a bank or similar institution false identifying details in order to hide them, by a fine of up to 500,000 yen. The competent minister can attach conditions to a permission or approval, no more than needed to carry it out. Breaking a condition, where it is not a crime, brings a non-criminal fine (過料) of up to 100,000 yen.(Art. 71(1), Art. 71(1)(i), Art. 71(1)(ii), Art. 71(1)(iii), Art. 71(1)(vi), Art. 71(1)(vii), Art. 71(1)(x), Art. 71(1)(xi), Art. 71(1)(xii), Art. 71-2(1), Art. 67(1), Art. 67(2), Art. 73(1), Art. 73(1)(ii)) (the provisions it rests on)
  • The Minister of Economy, Trade and Industry can ban, for up to three years, a person who provided listed technology without the required permission from transactions to provide technology for designing, making or using any goods abroad or to non-residents, from carrying or sending such technology abroad and from exporting the goods the listed technology concerns (for up to one year where the permission was one the Minister required under Article 25(2) or (3)); a person who dealt in listed goods moving between foreign countries without permission from such deals with non-residents and from exporting any goods; a person who exported listed goods without permission from exporting and providing listed technology; and, for up to one year (three, for breaching export or import approval measures taken on a Cabinet decision under Article 10), a person who broke the Act or decisions under it in other ways in exporting or importing, from exporting or importing. With an export or import ban under Article 53, the Minister can also bar an individual violator from becoming the officer in charge of that business at a corporation, and bar the violator's officers and managers that a Ministry of Economy, Trade and Industry Order describes, including those who held the post within 60 days before the ban, from starting that business, for the same period.(Art. 25-2(1), Art. 25-2(2), Art. 25-2(3), Art. 53(1), Art. 53(2), Art. 53(3), Art. 53(4)) (the provisions it rests on)
  • Where someone who made a payment, a capital transaction, a specified capital transaction (特定資本取引) or a services transaction without a permission required on treaty, international-peace or Cabinet-decision grounds is likely to do it again, the minister concerned can, for up to one year, ban all or part of that person's dealings of that kind or make them subject to permission (for payments, those not made through a bank or similar institution).(Art. 16-2(1), Art. 22(1), Art. 24-2(1), Art. 25-2(4)) (the provisions it rests on)
  • The Minister of Finance and the competent minister for the business can order a foreign investor to sell all or part of the shares it acquired, or take other necessary measures, where it made an inward direct investment or specified acquisition without a required notice or before the waiting period ended, or broke an order after investing under the exemption from notice, and the ministers, after hearing the Council on Customs, Tariffs, Foreign Exchange, and Other Transactions, find it is one the screening guards against — for an inward direct investment, harm to national security, public order or public safety or serious harm to the economy, among others; for a specified acquisition, harm to national security. On the same finding they can order necessary measures where the investor gave a false notice. Without that finding they can order a sale (for a change, of the part it concerned) or other measures where the investor did not follow a change or stop it accepted or was ordered to make.This is the rule until 3 January 2027.(Art. 27(3), Art. 28(3), Art. 29(1), Art. 29(1)(i), Art. 29(1)(ii), Art. 29(2), Art. 29(3), Art. 29(4), Art. 29(5)) (the provisions it rests on)
  • The Minister of Finance and the competent minister for the business can order a foreign investor to sell all or part of the shares it acquired, or take other necessary measures, where it made an inward direct investment or specified acquisition without a required notice, before the waiting period ended or without taking the measures it notified to remove a risk, or broke an order after investing under the exemption from notice, and the ministers, after hearing the Council on Customs, Tariffs, Foreign Exchange, and Other Transactions, find it is one the screening guards against — harm to national security, public order or public safety or serious harm to the economy, among others, or, for a specified acquisition, harm to national security; on the same finding they can order necessary measures for a false notice, and without it they can order a sale or other measures where the investor did not follow a change, correction or stop it accepted or was ordered to make. Where an investment made by acquiring voting rights in a foreign body holding shares in a Japanese company, or by voting in its officers, was made without notice, before the waiting period ended or without the notified measures, or a change, correction or stop was not followed, and the body's holding leaves a risk that has actually arisen and that an order to the investor can hardly remove, they can order that body itself to sell its shares or take other necessary measures. These rules reach investments made from 30 days after Act No. 30 of 2026 came into force.This is the rule from 4 January 2027.(Art. 27(3), Art. 28(3), Art. 29(1), Art. 29(1)(i), Art. 29(1)(ii), Art. 29(1)(iii), Art. 29(2), Art. 29(3), Art. 29(4), Art. 29(5), Art. 29(6), Art. 29(7), Art. 29(9), Suppl. Prov. Art. 3(2)) (the provisions it rests on)
  • For five years after a foreign investor makes an inward direct investment that acquires shares, voting rights or a business, or a specified acquisition, that neither was nor should have been notified in advance, nor was exempt from notice, of a kind a Cabinet Order lists as highly likely to become a risk to national security if, for example, the international situation changes, the Minister of Finance and the competent minister for the business can, where especially necessary, require it to report on the investment. If they find it a risk to national security, or the investor without good reason does not report or reports falsely, they can, after hearing the Council on Customs, Tariffs, Foreign Exchange, and Other Transactions, recommend that it sell all or part of the shares or take other necessary measures — an investor that accepts must do so, and one that does not reply within 10 days or does not accept can be ordered to — and where the risk is extremely great and urgent, can, again after hearing the Council, order it at once to take measures a Cabinet Order sets, such as making no new investment; not reporting or reporting falsely, not taking accepted measures, and breaking these orders are crimes under Article 70. This applies to investments made on or after the day Act No. 30 of 2026 came into force.This is the rule from 4 January 2027.(Art. 29-2(1), Art. 29-2(2), Art. 29-2(3), Art. 29-2(4), Art. 29-2(5), Art. 29-2(6), Art. 29-2(9), Art. 29-2(11), Art. 70(1)(xxix), Art. 70(1)(xxx), Art. 70(1)(xxxi), Art. 70(1)(xxxii), Suppl. Prov. Art. 3(6)) (the provisions it rests on)
  • The Minister of Finance can order a bank, funds transfer service provider or electronic payment instrument dealer that carries out, or is likely to carry out, a customer's payment without the check the Act requires to take measures so that the check is done properly, and until it does, suspend or restrict its foreign exchange business; the Minister can also order a bank or other business bound to verify identity to correct a breach of that duty or of its record-keeping duty. Breaking a suspension or restriction is punishable under Article 70, and breaking an order to correct identity verification by up to two years' imprisonment (拘禁刑) or a fine of up to 3 million yen, or both, with a corporation fined up to 300 million yen.(Art. 17-2(1), Art. 17-2(2), Art. 17-3(1), Art. 17-4(1), Art. 18-4(1), Art. 18-5(1), Art. 18-6(1), Art. 22-2(2), Art. 22-3(1), Art. 70(1)(v), Art. 70-2(1), Art. 72(1)(iv)) (the provisions it rests on)
  • Where the international economy changes suddenly and the competent minister finds it urgently necessary, the minister can order transactions, acts and payments the Act governs to stop for a period a Cabinet Order sets; payments the Act already allowed are not made impossible, only delayed, for no longer than a Cabinet Order sets. Where especially urgent, the Minister of Economy, Trade and Industry can also stop the loading of goods for shipment, naming the goods or destinations, for up to one month. Breaking either order is punishable under Article 70.(Art. 9(1), Art. 9(2), Art. 51(1), Art. 70(1)(ii), Art. 70(1)(xxxi)) (the provisions it rests on)
  • To the extent needed for the Act's purpose, the competent minister can require anyone who carries out, or carried out, a transaction, act or payment the Act governs, or anyone concerned, to report on it, and can have officials enter their offices, factories and other premises to inspect books, documents and other things and question the people concerned. Officials must carry and show identification, the power is not one for criminal investigation, and refusing an inspection, or not answering or answering falsely, is punishable under Article 71.(Art. 55-8(1), Art. 68(1), Art. 68(2), Art. 68(3), Art. 71(1)(xii), Art. 71(1)(xiii)) (the provisions it rests on)
  • Banks and other financial institutions, funds transfer service providers and money changers that a Cabinet Order names must follow standards an Order of the competent ministry (主務省令) sets for checking whether payments and capital transactions need the Act's permissions, and businesses exporting listed goods or technology must follow standards a Ministry of Economy, Trade and Industry Order sets, including checks on whether what they export is especially sensitive. Where one still breaches the standards after guidance and advice, the minister can recommend that it comply and, if it does not, order it to; breaking the order is punishable under Article 71.(Art. 55-9-2(1), Art. 55-9-2(2), Art. 55-9-2(3), Art. 55-9-3(1), Art. 55-9-4(1), Art. 55-9-4(2), Art. 55-10(1), Art. 55-10(2), Art. 55-10(4), Art. 55-11(1), Art. 55-12(1), Art. 55-12(2), Art. 71(1)(x), Art. 71(1)(xi)) (the provisions it rests on)
  • A request for review () of a decision under the Act, or of a failure to decide, must be decided only after the requester has been given reasonable notice and the review officer has held a public hearing, at which the requester and interested parties can present evidence and give their views — unless it is dismissed (却下) under Article 24 of the Administrative Complaint Review Act (行政不服審査法), a separate Act.(Art. 56(1), Art. 56(2)) (the provisions it rests on)

How it connects to other laws

Where the translation comes from

  • 309
  • 502

The Ministry of Justice's translation is shown only where the Japanese it translates matches the law in force today. Everywhere else the English is a machine translation, marked on the paragraph itself.

Only the Japanese is the law, and no lawyer has reviewed the machine translation.

Sources

Everything this page rests on

  • e-Gov (Digital Agency)外国為替及び外国貿易法 — the text in force from 2026-08-12Original
  • e-Gov (Digital Agency)外国為替及び外国貿易法 — revision historyOriginal
  • Japanese Law Translation, Ministry of JusticeForeign Exchange and Foreign Trade Act — Ministry of Justice translationOriginal
  • Machine translation, not official
  • Machine translation, corrected on review, not official
  • Written for this site with AIEnglish titles of amending laws, written for this site
  • Written for this site with AIDescriptions of each law, written for this site
  • Written for this site with AICorrections to the Ministry of Justice's English of the Foreign Exchange and Foreign Trade Act
  • Worked out by this site from e-Gov's text
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