Article 17-2Measures to Rectify Confirmation
第十七条の二(確認のための是正措置等)
If the Minister of Finance finds that a bank or other prescribed financial institution is conducting or is likely to conduct a funds transfer transaction (excluding those stated in Article 55-9-2, paragraph (2), item (iii)), in violation of the provisions of the preceding Article, involving a payment being made or received by its customer, the minister may order it to take measures to ensure that it properly implements the confirmations referred to in the preceding Article.
財務大臣は、銀行等が前条の規定に違反してその顧客の支払等に係る為替取引を行い、又は当該為替取引(第五十五条の九の二第二項第三号に掲げるものを除く。)を行うおそれがあると認めるときは、当該銀行等に対し、前条の確認が適切に行われるための措置をとることを命ずることができる。
If the Minister of Finance finds it to be necessary to do so when issuing an order to a bank or other prescribed financial institution pursuant to the provisions of the preceding paragraph, the minister may order the bank or other prescribed financial institution to fully or partially suspend its business involving a foreign exchange transaction or restrict the content of its business, until the measures referred to in that paragraph are taken.
第十七条の三(資金移動業者への準用)
The provisions of the preceding two Articles apply mutatis mutandis if a funds transfer service provider carries out a funds transfer transaction involving a payment that is made or received by its customer.
第十七条の四(電子決済手段等取引業者等への準用)
The provisions of Article 17 and Article 17-2 apply mutatis mutandis where an electronic payment instruments service provider, etc. conducts a transfer of electronic payment instruments or any other prescribed action involving the making or receiving of a payment by its customer; in this case, the phrase "with a customer" in Article 17 is deemed to be replaced with "of a customer", the phrase "funds transfer transaction" in Article 17 is deemed to be replaced with "transfer of electronic payment instruments or any other prescribed action", the phrase "funds transfer transaction" in Article 17-2, paragraph (1) is deemed to be replaced with "transfer of electronic payment instruments or any other prescribed action", and the phrase "foreign exchange transaction" in paragraph (2) of that Article is deemed to be replaced with "transfer of electronic payment instruments or any other prescribed action".
第十七条及び第十七条の二の規定は、電子決済手段等取引業者等がその顧客の支払等に係る電子決済手段等の移転等を行う場合について準用する。この場合において、第十七条中「顧客と」とあるのは「顧客の」と、「為替取引」とあるのは「電子決済手段等の移転等」と、第十七条の二第一項中「為替取引」とあるのは「電子決済手段等の移転等」と、同条第二項中「外国為替取引」とあるのは「電子決済手段等の移転等」と読み替えるものとする。
In the case an electronic payment instruments service provider, etc. conducts a transfer of electronic payment instruments or any other prescribed action involving a payment that is made or received by its customer, the provisions of the preceding three Articles do not apply to a bank or other prescribed financial institution or a funds transfer service provider, if the electronic payment instruments service provider, etc. transfers an electronic payment instrument issued by the bank or other prescribed financial institution or by the funds transfer service provider, or if the electronic payment instruments service provider, etc. conducts one of the actions stated in the right columns of rows 1 through 4 of the table in Article 16-2 involving making or receiving of a payment of its customer (excluding transfer of electronic payment instrument; hereinafter the same applies in Article 18-6, paragraph (2)) upon being entrusted by the bank or any other prescribed financial institution or by the funds transfer service provider.
電子決済手段等取引業者等がその顧客の支払等に係る電子決済手段等の移転等を行う場合において、銀行等又は資金移動業者が発行する電子決済手段を移転するとき及び銀行等又は資金移動業者の委託を受けてその顧客の支払等に係る第十六条の二の表の一の項から四の項までの下欄に定める行為(電子決済手段の移転を除く。第十八条の六第二項において同じ。)を行うときは、当該銀行等又は資金移動業者に対しては、前三条の規定は、適用しない。
第十八条(銀行等の本人確認義務等)
When carrying out a funds transfer transaction involving a payment that a customer as stated in one of the following items makes from Japan to a foreign country or a funds transfer transaction involving such a customer making or receiving a payment to or from a non-resident (unless that customer is a non-resident) (excluding a funds transfer transaction that involves the person in question making a small payment or making or receiving a small payment that Cabinet Order prescribes; hereinafter referred to as a "specified funds transfer transaction"), a bank or other prescribed financial institution must verify the information stated in that item (hereinafter referred to as "identifying information") for that customer by having the customer present a driver's license or by any other means that Ministry of Finance Order prescribes (hereinafter referred to as "verifying a person's identity"):
a natural person:the person's name, domicile or residence (or the information prescribed by Ministry of Finance Order, if the person is a foreign national prescribed by Cabinet Order who has neither a domicile nor residence in Japan), and date of birth; and
自然人 氏名、住所又は居所(本邦内に住所又は居所を有しない外国人で政令で定めるものにあつては、財務省令で定める事項)及び生年月日
a corporation:the corporation's name and the location of its principal office.
法人 名称及び主たる事務所の所在地
When a bank or other prescribed financial institution verifies the identity of a customer, if a company's representative is carrying out a specified funds transfer transaction on behalf of that company or in any other such case in which the natural person actually responsible for the specified funds transfer transaction with the bank or other prescribed financial institution is not the customer itself (excluding the cases prescribed in the following paragraph), the bank or other prescribed financial institution must verify the identity of the natural person responsible for the specified funds transfer transaction (referred to as the "representative or other responsible party" in this Article and the following Article), in addition to verifying the identity of the customer.
If a customer is the national government, a local government, an association or foundation without legal personality, or any other person prescribed by Cabinet Order, the natural person who is actually responsible for conducting a specified funds transfer transaction with the bank or other prescribed financial institution on its behalf is deemed to be the customer, and the provisions of paragraph (1) apply.
It is prohibited for a customer (including a natural person deemed to be a customer pursuant to the provisions of the preceding paragraph; hereinafter the same applies in this paragraph through Article 22-3) or a representative or other responsible party to disguise their identifying information from the bank or other prescribed financial institution when that bank or other prescribed financial institution is verifying their identity.
第十八条の二(銀行等の免責)
If a customer or a representative or other responsible party does not comply with an identity verification when conducting a specified funds transfer transaction, a bank or other prescribed financial institution may refuse to perform its obligation in the specified funds transfer transaction until the customer or the representative or other responsible party complies with this.
Article 18-3Obligation to Create Identity Verification Records
第十八条の三(本人確認記録の作成義務等)
Once a bank or other prescribed financial institution has verified a person's identity, it must immediately prepare a record of the identifying information and other information that Ministry of Finance Order prescribes as information related to the verification of a person's identity (referred to as an "identity verification record" in the following paragraph) by the means prescribed by Ministry of Finance Order.
A bank or other prescribed financial institution must preserve an identity verification record for seven years after the day on which the specified funds transfer transaction is completed or any other such date prescribed by Ministry of Finance Order.
第十八条の四(本人確認及び本人確認記録の作成のための是正措置)
If the Minister of Finance finds that a bank or other prescribed financial institution has violated the provisions of Article 18, paragraphs (1) through (3) or the provisions of paragraph (1) or (2) of the preceding Article in connection with a specified funds transfer transaction, the Minister may order it to take the necessary measures to rectify the violation.
財務大臣は、銀行等が特定為替取引に関して第十八条第一項から第三項まで又は前条第一項若しくは第二項の規定に違反していると認めるときは、当該銀行等に対し、当該違反を是正するために必要な措置をとるべきことを命ずることができる。
第十八条の五(資金移動業者への準用)
The provisions of Article 18 through the preceding Article apply mutatis mutandis if a funds transfer service provider conducts a specified funds transfer transaction.
第十八条から前条までの規定は、資金移動業者が特定為替取引を行う場合について準用する。
第十八条の六(電子決済手段等取引業者等への準用)
The provisions of Article 18 through Article 18-4 apply mutatis mutandis where an electronic payment instruments service provider, etc. conducts a transfer of electronic payment instruments or any other prescribed action involving the making or receiving of a payment by its customer; in this case, the phrase "with a customer" in Article 18, paragraph (1) is deemed to be replaced with "of a customer", the phrase "funds transfer transaction involving" in that paragraph is deemed to be replaced with "transfer of electronic payment instruments or any other prescribed action involving", the phrase "specified funds transfer transaction" in that paragraph is deemed to be replaced with "electronic payment instruments transfer transaction", and the phrase "specified funds transfer transaction" in paragraphs (2) and (3) of that Article, Article 18-2, Article 18-3, paragraph (2), and Article 18-4 is deemed to be replaced with "electronic payment instruments transfer transaction".
第十八条から第十八条の四までの規定は、電子決済手段等取引業者等がその顧客の支払等に係る電子決済手段等の移転等を行う場合について準用する。この場合において、第十八条第一項中「顧客と」とあるのは「顧客の」と、「係る為替取引」とあるのは「係る電子決済手段等の移転等」と、「特定為替取引」とあるのは「電子決済手段等移転等取引」と、同条第二項及び第三項、第十八条の二、第十八条の三第二項並びに第十八条の四中「特定為替取引」とあるのは「電子決済手段等移転等取引」と読み替えるものとする。
In the case an electronic payment instruments service provider, etc. conducts a transfer of electronic payment instruments or any other prescribed action involving a payment that is made or received by its customer, the provisions of Article 18 through the preceding Article do not apply to a bank or other prescribed financial institution or a funds transfer service provider, if the electronic payment instruments service provider, etc. transfers an electronic payment instrument issued by the bank or other prescribed financial institution or by the funds transfer service provider, or if the electronic payment instruments service provider, etc. conducts one of the actions stated in the right columns of rows 1 through 4 of the table in Article 16-2 pertaining to making or receiving of a payment of its customers upon being entrusted by the bank or other prescribed financial institution or by the funds transfer service provider.
電子決済手段等取引業者等がその顧客の支払等に係る電子決済手段等の移転等を行う場合において、銀行等又は資金移動業者が発行する電子決済手段を移転するとき及び銀行等又は資金移動業者の委託を受けてその顧客の支払等に係る第十六条の二の表の一の項から四の項までの下欄に定める行為を行うときは、当該銀行等又は資金移動業者に対しては、第十八条から前条までの規定は、適用しない。
Article 19Importing and Exporting Means of Payment
第十九条(支払手段等の輸出入)
If the Minister of Finance finds it to be necessary to do so in order to ensure the reliable implementation of the provisions of this Act or of an Order based on this Act, the minister, pursuant to the provisions of Cabinet Order, may make it obligatory for residents or non-residents seeking to import or export a means of payment (including a voucher or other such object in which a means of payment is entered as stated in Article 6, paragraph (1), item (vii), (c)) or securities, to get permission to do so.
If the Minister of Finance finds it to be necessary to do so in order to ensure the reliable implementation of the provisions of this Act or of an Order based on this Act or finds it to be particularly necessary to do so in order to maintain a balance of payments equilibrium or currency stability, the minister, pursuant to the provisions of Cabinet Order, may make it obligatory for residents or non-residents seeking to import or export precious metals to get permission to do so.
If a resident or non-resident seeks to import or export a means of payment prescribed in paragraph (1) or a security or precious metal, the resident or non-resident, pursuant to the provisions of Cabinet Order, must file a notification of the substance of the import or export, its timing, and other information that Cabinet Order prescribes with the Minister of Finance, unless that resident or non-resident has gotten the permission of the Minister of Finance to import or export that means of payment, security, or precious metal pursuant to the provisions of an Order based on one of the preceding two paragraphs or in any other case prescribed by Cabinet Order.
Japan
「本邦」
Japan for the purposes of this Act and the orders under it: Honshu, Hokkaido, Shikoku, Kyushu and the islands attached to them that an Order of the Ministry of Finance and the Ministry of Economy, Trade and Industry (財務省令・経済産業省令) sets.
Defined inArticle 6, paragraph (1), item (i)
foreign country
「外国」
Any area other than Japan (本邦).
Defined inArticle 6, paragraph (1), item (ii)
resident
「居住者」
A natural person with a domicile or residence in Japan, or a corporation with its principal office in Japan; a Japanese branch, sales office or other office of a non-resident is also treated as a resident, even if its principal office is in a foreign country and whether or not it has legal authority to act for it.
Defined inArticle 6, paragraph (1), item (v)
non-resident
「非居住者」
A natural person or corporation other than a resident (居住者).
Defined inArticle 6, paragraph (1), item (vi)
means of payment
「支払手段」
Banknotes, government notes and coins; cheques (including traveller's cheques), bills of exchange, postal money orders and letters of credit; property value recorded electronically on a voucher, device or other object that can be used to pay unspecified or many persons and that a Cabinet Order (政令) specifies as used much as currency is; and other things a Cabinet Order treats as equivalent to the first two groups.
Defined inArticle 6, paragraph (1), item (vii)
voucher or other such object
「証票等」
In Article 19, paragraph (1), vouchers, electronic devices and other objects in which property value usable for payment is recorded by electronic, magnetic or other means people cannot perceive.
Short name set inArticle 6, paragraph (1), item (vii), (c)· applies only in this provision and in Article 19, paragraph (1)
precious metal
「貴金属」
Gold bullion, bullion of gold alloys, gold coins not in circulation, and other things made mainly of gold.
Defined inArticle 6, paragraph (1), item (x)
security
「証券」
Public bonds, corporate bonds, shares, equity interests, certificates giving rights to public bonds or shares, debentures, treasury securities, mortgage securities, profit certificates, coupons, dividend receipts, coupon exchange tickets and other similar securities or certificates a Cabinet Order (政令) specifies, whether or not a certificate has been issued.
Defined inArticle 6, paragraph (1), item (xi)
making or receiving of a paymentmachine translation
「支払等」
A payment or the receipt of a payment.
Defined inArticle 8, paragraph (1)
funds transfer service providermachine translation
「資金移動業者」
A funds transfer service provider as defined in Article 2, paragraph (3) of the Payment Services Act, including a person deemed one under Article 37-2, paragraph (2) of that Act.
Defined inArticle 16-2, paragraph (1)
bank or other prescribed financial institutionmachine translation
「銀行等」
A bank (銀行) or another financial institution a Cabinet Order (政令) specifies.
Short name set inArticle 16-2, paragraph (1)
transfer of electronic payment instruments or any other prescribed actionmachine translation
「電子決済手段等の移転等」
The act the table in Article 16-2, paragraph (1) sets against each kind of electronic payment instruments service provider, etc. (電子決済手段等取引業者等): for an electronic payment instruments service provider, a transfer of electronic payment instruments (電子決済手段) for certain payments between its customers and customers of itself or of another provider at home or abroad, or in other cases a Cabinet Order (政令) sets, or the act in Article 2, paragraph (10), item (iv) of the Payment Services Act; for an electronic payment handling service provider and its counterparts for shinkin banks and credit cooperatives, the act in item (i) of the provision of the Banking Act, Shinkin Bank Act or Act on Financial Businesses by Cooperative that lists their business; and for a cryptoasset exchange service provider, a transfer of cryptoassets (暗号資産) for such payments or in other cases a Cabinet Order sets.
Defined inArticle 16-2, paragraph (1)
electronic payment instruments service provider, etc.machine translation
「電子決済手段等取引業者等」
Any of the businesses in the left-hand column of the table in Article 16-2, paragraph (1): electronic payment instruments service providers (電子決済手段等取引業者), electronic payment handling service providers (電子決済等取扱業者) and their counterparts for shinkin banks and credit cooperatives, and cryptoasset exchange service providers (暗号資産交換業者).
Defined inArticle 16-2, paragraph (1)
identifying information
「本人特定事項」
The details a bank or other prescribed financial institution (銀行等) must verify about a customer: for a natural person, name, domicile or residence and date of birth — for a foreign national without a domicile or residence in Japan of a kind a Cabinet Order (政令) specifies, the matters a Ministry of Finance Order (財務省令) sets in place of domicile or residence — and for a corporation, its name and the location of its principal office.
Short name set inArticle 18, paragraph (1)
verifying a person's identity
「本人確認」
A bank or other prescribed financial institution's (銀行等) check of a customer's identifying information (本人特定事項) by having a driver's licence shown or by another method a Ministry of Finance Order (財務省令) sets.
Short name set inArticle 18, paragraph (1)
specified funds transfer transactioncorrected by this site
「特定為替取引」
A funds transfer transaction (為替取引) a bank or other prescribed financial institution (銀行等) carries out for a customer's payment from Japan to a foreign country or for a payment between the customer and a non-resident (unless the customer is itself a non-resident), other than one for a small payment of a kind a Cabinet Order (政令) sets.
Short name set inArticle 18, paragraph (1)
representative or other responsible party
「代表者等」
In Articles 18 and 18-2, the natural person actually handling a specified funds transfer transaction (特定為替取引) with a bank or other prescribed financial institution (銀行等) where that person is not the customer itself, as when a company's representative carries out the transaction for the company.
Short name set inArticle 18, paragraph (2)· applies only in this article and in Article 18-2
identity verification record
「本人確認記録」
In Article 18-3, paragraph (2), the record of a customer's identifying information (本人特定事項) and other matters relating to verifying a person's identity that a Ministry of Finance Order (財務省令) sets, which a bank or other prescribed financial institution (銀行等) must make immediately after verifying a person's identity.
Short name set inArticle 18-3, paragraph (1)· applies only in this provision and in Article 18-3, paragraph (2)