Supplementary Provisions, Article 5
第五条
If a capital transaction subject to prior review under the Former Act falls under a capital transaction for which the obligation to obtain permission is imposed under the provisions of an order based on the provisions of Article 21, paragraph (1) or (2) of the New Act (referred to as a "capital transaction subject to permission under the New Act" in the following paragraph), and falls under a capital transaction for which notification procedures have been completed, that capital transaction subject to prior review under the Former Act (in the case of one for which notice of acceptance of the modification to the content prescribed in Article 23, paragraph (5) of the Former Act has been given, or for which modification to the content has been ordered under the provisions of paragraph (7) of that Article, the one after those modifications have been made) is, except for what is specified by Cabinet Order, deemed to have been permitted under the provisions of an order based on the provisions of Article 21, paragraph (1) or (2) of the New Act.
旧法事前審査対象資本取引が、新法第二十一条第一項又は第二項の規定に基づく命令の規定により許可を受ける義務を課された資本取引（次項において「新法許可対象資本取引」という。）に該当するものであって、届出手続完了資本取引に該当するものであるときは、当該旧法事前審査対象資本取引（旧法第二十三条第五項に規定する内容の変更を応諾する旨の通知がされ、又は同条第七項の規定により内容の変更を命じられたものにあっては、これらの変更がされた後のもの）は、政令で定めるものを除き、新法第二十一条第一項又は第二項の規定に基づく命令の規定による許可があったものとみなす。
If a capital transaction subject to prior review under the Former Act falls under a capital transaction subject to permission under the New Act and does not fall under a capital transaction for which notification procedures have been completed, the provisions of the New Act apply to the notification submitted under the provisions of Article 22, paragraph (1) of the Former Act with respect to that capital transaction subject to prior review under the Former Act, deeming it to be an application for permission under the provisions of an order based on the provisions of Article 21, paragraph (1) or (2) of the New Act. In this case, a recommendation under the provisions of Article 23, paragraph (2) of the Former Act or a notice under the provisions of paragraph (4) of that Article (excluding a notice of acceptance of the recommendation prescribed in paragraph (5) of that Article) made with respect to that capital transaction subject to prior review under the Former Act is deemed not to have been made.
旧法事前審査対象資本取引が、新法許可対象資本取引に該当するものであって、届出手続完了資本取引に該当するものでないときは、当該旧法事前審査対象資本取引に係る旧法第二十二条第一項の規定によりされた届出については、これを新法第二十一条第一項又は第二項の規定に基づく命令の規定による許可の申請とみなして、新法の規定を適用する。この場合において、当該旧法事前審査対象資本取引についてあった旧法第二十三条第二項の規定による勧告又は同条第四項の規定による通知（同条第五項に規定する勧告を応諾する旨の通知を除く。）は、なかったものとみなす。
The provisions of the preceding two paragraphs apply mutatis mutandis to the case where a capital transaction pertaining to a notification submitted under the provisions of Article 24, paragraph (2) of the Former Act before the Effective Date that is not actually being carried out as of the time this Act comes into effect falls under a specified capital transaction prescribed in paragraph (1) of that Article for which the obligation to obtain permission is imposed under the provisions of an order based on the provisions of Article 24, paragraph (1) or (2) of the New Act.
specified capital transactionmachine translation
「特定資本取引」
A capital transaction of the kind in Article 20, item (ii) — a transaction under a money loan or debt guarantee contract between a resident and a non-resident, including one a Cabinet Order (政令) treats as equivalent under item (xii) — that a Cabinet Order specifies as made by an exporter or importer directly in connection with exporting or importing goods, or as connected with transferring, or granting a right to use, a mining right, industrial property right or similar right, other than one a Cabinet Order specifies as settling a short-term international commercial transaction.
Defined inArticle 24, paragraph (1)
the New Actmachine translation
「新法」
This Act as amended by Act No. 59 of 1997.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 59 of 1997 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
capital transactionmachine translation
「資本取引」
In the supplementary provisions (附則) of Act No. 59 of 1997, a capital transaction as defined in Article 20 of the Foreign Exchange and Foreign Trade Act as it stood before that Act amended it.
Defined inSupplementary Provisions, Article 3, paragraph (1)
capital transaction for which notification procedures have been completedmachine translation
「届出手続完了資本取引」
In Article 4, paragraph (2) and Article 5 of the supplementary provisions (附則) of Act No. 59 of 1997, a capital transaction subject to prior review under the former Act (旧法事前審査対象資本取引) for which, before that Act came into effect, the period during which it could not be carried out under Article 23, paragraph (1) of this Act as it then stood had ended, notice had been given of accepting a recommendation to change its content under Article 23, paragraph (5) of that wording, or a change to its content had been ordered under paragraph (7) of that Article.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 4, paragraph (2); and Supplementary Provisions, Article 5
the Effective Datemachine translation
「施行日」
The date Act No. 59 of 1997, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
capital transaction subject to prior review under the former Actmachine translation
「旧法事前審査対象資本取引」
In Articles 4 and 5 of the supplementary provisions (附則) of Act No. 59 of 1997, a capital transaction (資本取引) notified before that Act came into effect under Article 22, paragraph (1) of this Act as it stood before that Act amended it, to which Article 23, paragraph (1) of that former wording applied, and which had not yet been carried out when that Act came into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this article and in Supplementary Provisions, Article 5
capital transaction subject to permission under the new Actmachine translation
「新法許可対象資本取引」
In Article 5 of the supplementary provisions (附則) of Act No. 59 of 1997, a capital transaction (資本取引) for which orders based on Article 21, paragraph (1) or (2) of this Act as amended by that Act impose a duty to obtain permission.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)