Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A report pursuant to the provisions of Article 57, paragraph (1) of the Act must be made two hours before arrival for a vessel and by the time when thirty minutes have elapsed from departure from an area outside Japan for an aircraft; provided, however, that, in the cases set forth in the following items, it is sufficient to make the report by the time specified respectively in those items:

when a vessel departs from the area outside Japan that is surrounded by the lines at latitude 45 degrees 30 minutes north, longitude 140 degrees east, latitude 47 degrees north, and longitude 144 degrees east, and arrives at a port of entry or departure in Hokkaido Prefecture (limited to the area on the north of latitude 45 degrees north):before arrival;

when a vessel departs from the area outside Japan that is surrounded by the lines at latitude 34 degrees north, longitude 127 degrees 30 minutes east, latitude 36 degrees north, and longitude 130 degrees east, and arrives at a port of entry or departure in the City of Tsushima or the City of Iki, Nagasaki Prefecture:before arrival;

when a vessel departs from the area outside Japan that is surrounded by the lines at latitude 23 degrees north, longitude 121 degrees east, latitude 26 degrees north, and longitude 123 degrees east, and arrives at a port of entry or departure in the City of Ishigaki, the City of Miyakojima, Tarama Village of Miyako County, Taketomi Town, or Yonaguni Town of Yaeyama County, Okinawa Prefecture:before arrival.

when an aircraft operated by a person other than persons who have received the permission referred to in Article 100, paragraph (1) of the Civil Aeronautics Act (Act No. 231 of 1952) (limited to those who operate aircraft flying on a line specified between a point and another point on a fixed date and time) and persons who have received the permission referred to in Article 129, paragraph (1) of the same Act (hereinafter referred to as "irregular service aircraft" in this paragraph) departs from an area outside Japan and arrives at a port of entry or departure in two hours or more:ninety minutes before arrival;

when an irregular service aircraft departs from an area outside Japan and arrives at a port of entry or departure in not less than one hour and less than two hours:thirty minutes before arrival;

when an irregular service aircraft departs from an area outside Japan and arrives at a port of entry or departure in less than one hour:before arrival; and

when a vessel or irregular service aircraft departs from a port of entry or departure and arrives at a port of entry or departure without going through an area outside Japan:before arrival.

The particulars specified by Ministry of Justice Order as prescribed in Article 57, paragraph (1) of the Act are to be as follows:

the following particulars for a vessel:

the name of the vessel, the name of the country to which the vessel belongs, the date of arrival, and the name of the port of entry or departure at which the aircraft will arrive;

the names, nationalities or regions, and dates of birth of crew members, the crew members' pocket-ledger numbers or passport numbers, and their occupations (when a vessel departing from a port of entry or departure arrives at the same port of entry or departure within fourteen days from the day following the date of departure according to a plan, if those particulars are not changed, a statement to that effect); and

the names, nationalities or regions, and dates of birth of passengers, their passport numbers, the place of departure, and their final destinations;

the following particulars for an aircraft:

the registration code or flight number of the aircraft, the name of the country to which the aircraft belongs, the date of arrival, and the name of the port of entry or departure at which the aircraft will arrive;

the names, nationalities or regions, dates of birth, and sex of crew members and crew members' pocket-ledger numbers or passport numbers; and

the names, nationalities or regions, dates of birth, and sex of passengers, their passport numbers, the place of departure, and their final destinations.

With regard to the application of the provisions of the preceding paragraph to vessels etc. departing from Japan, in item (i), sub-item (a) and item (ii), sub-item (a) of the same paragraph, the term "date of arrival" is deemed to be replaced with "date of departure," the term "arrive" is deemed to be replaced with "depart," and the phrase "occupations (when a vessel departing from a port of entry or departure arrives at the same port of entry or departure within fourteen days from the day following the date of departure according to a plan, if those particulars are not changed, a statement to that effect)" in item (i), sub-item (b) of that paragraph is deemed to be replaced with "occupations."

The particulars specified by Ministry of Justice Order as prescribed in Article 57, paragraph (4) of the Act are as follows:

the nationality or region and date of birth of the person who has received permission for multiple landing for cruise ship tourists, their passport numbers and the number of the permission, and the date of the permission;

the name of the designated passenger ship; and

the name of the country to which the designated passenger ship belongs.

The particulars specified by Ministry of Justice Order as prescribed in Article 57, paragraph (5) of the Act are as follows:

the nationalities or regions and dates of birth of crew members who have received multiple landing permission for crew members, the crew members' pocket-ledger numbers or passport numbers, their job titles, and the number of the permission, and the date of the permission;

the name of the vessel or the registration code or flight number of the aircraft; and

the name of the country to which the vessel, etc. belongs.

The particulars specified by Ministry of Justice Order as prescribed in Article 57, paragraph (8) of the Act are as follows:

the carrier operating an aircraft entering Japan (hereinafter referred to as "aircraft operator");

a person who operates an aircraft entering Japan and has received the permission referred to in Article 130-2 of the Civil Aeronautics Act; and

a joint carrier (which means a person who carries out joint transportation (meaning transportation which a carrier other than an aircraft operator carries out jointly with that aircraft operator by using transportation services provided by the aircraft operator; the same applies in the following paragraph) by aircraft.)

The particulars specified by Ministry of Justice Order as prescribed in Article 57, paragraph (8) of the Act are the particulars specified in the following items in accordance with the category of those particulars set forth respectively in those items (if the particulars have been changed, including the details prior to the change):

particulars concerning the person making the reservation (meaning a person making the reservation prescribed in Article 57, paragraph (8) of the Act; the same applies hereinafter):the name, nationality or region, date of birth, and sex of that person, the number, issue date, and expiration date of their passport, the place of departure, and their final destination as well as their membership number, when the person making the reservation is a registered member of the carrier (meaning a member registered with that carrier as a person entitled to receive privileges from the carrier in using transportation services provided by the carrier) (the membership number means a number given to identify a person as that registered member) and its grade (limited to the case where those membership number and grade are recorded in the reservation for the person making the reservation) and other particulars that should serve as a reference;

particulars concerning the details of the reservation pertaining to the person making the reservation:the date the reservation was made, reservation number (meaning a number given to identify that reservation and including a number given to identify the reservation prior to split, when the reservation is split), the number, issue date, and issue place of as well as payment method for the airline ticket related to the reservation, the number and holder of the credit card, when the airline ticket related to the reservation is to be paid by credit card (limited to the case where the number and holder of the credit card are recorded in the reservation), a number showing the seat position, the airfare class, the itinerary of the person making the reservation, the names of other persons making a reservation related to the reservation, the name and location of the travel agent (meaning a travel agent prescribed in Article 6-4, paragraph (1) of the Travel Agency Act (Act No. 239 of 1952)) related to the reservation, if any, the name and location of the foreign travel agent (meaning a person who conducts business similar to the business prescribed in Article 2, paragraph (1) of the Travel Agency Act in a foreign country) related to the reservation, if any, the name of the carrier pertaining to the reservation, when the reservation is related to joint transportation, and the residence and contact details in Japan of the person making the reservation and other particulars that should serve as a reference;

particulars concerning the personal belongings of the person making the reservation:the number and weight of the personal belongings with which the person operating the aircraft is entrusted as those to be loaded onto the aircraft which the person making the reservation is to board and the personal belongings number (meaning a number given to identify belongings with which the person operating the aircraft is entrusted as those to be loaded onto the aircraft which the person making the reservation is to board) and other particulars that should serve as a reference; and

particulars concerning the procedure for boarding an aircraft by the person making the reservation:the time of going through the procedure for boarding and the boarding procedure number (meaning a number given to manage that procedure) and other particulars that should serve as a reference.

A report pursuant to the provisions of the first sentence of Article 57, paragraph (9) of the Act must be made by the time at which sixty minutes have elapsed from the time when the immigration inspector has requested the report pursuant to the provisions of paragraph (8) of that Article.

A report pursuant to the provisions of Article 57, paragraph (1) or the first sentence of paragraph (9) of the Act must be made by using an electronic data processing system as defined in Article 2, item (i) of the Act on Processing, etc. of Business Related to Import and Export by Means of Electronic Data Processing System (Act No. 54 of 1977); provided, however, that this does not apply when it is impossible to make the report by using the electronic data processing system due to unavoidable circumstances.

The provisions of Article 64, paragraph (6) apply mutatis mutandis to the case of making a report pursuant to the provisions of paragraph (1) or (8) by using an electronic data processing system prescribed in the preceding paragraph.

The measure specified by Ministry of Justice Order prescribed in the second sentence of Article 57, paragraph (9) of the Act is to be a measure to enable the information on the particulars prescribed in paragraph (8) of that Article to be inspected by the immigration inspector at all times by using electronic or magnetic record (meaning the electronic or magnetic record prescribed in that paragraph).

When exempting the captain of a vessel or aircraft or the carrier from bearing the expenses and responsibility pursuant to the provisions of Article 59, paragraph (3) of the Act, a supervising immigration inspector is to notify the captain or the carrier by entering a statement to that effect in the written notice of exclusion order pursuant to the provisions of Article 10, paragraph (2).

If an immigration inspector or immigration control officer has asked a foreign national or other persons concerned (hereinafter referred to as "foreign national, etc." in this Article) to appear and answer questions, the inspector may prepare a written evidence of the statement of the foreign national, etc.

If an immigration inspector or immigration control officer has prepared the written evidence set forth in the preceding paragraph, the inspector must have the foreign national, etc. inspect the written evidence, or by reading it aloud to the foreign national, etc., to have the foreign national confirm that the recorded content contain no errors and have the foreign national, etc. sign the written evidence, and affix their own signature thereto. In this case, if the foreign national, etc. is unable to sign or has refused to sign the written evidence, the inspector must make an additional entry to that effect in the written evidence.

The confirmation of departure prescribed in Article 60, paragraph (1) of the Act is to be made by affixing the seal of verification for departure pursuant to the Appended Form No. 38 in the passport of the Japanese national.

If a Japanese national who seeks to receive the confirmation of departure set forth in the preceding paragraph falls under any of the following items, an immigration inspector may record the Japanese national's name, date of birth, sex, date of departure, and the port of entry or departure from which the Japanese national departs in a file to be used as a record in lieu of the seal of verification for departure and kept on a computer prescribed in Article 7, paragraph (4). In this case, notwithstanding the provisions of the preceding paragraph, the immigration inspector is not required to affix the seal of verification set forth in the same paragraph.

the Japanese national falls under both of the following sub-items (a) and (b):

the Japanese national is registered pursuant to the provisions of Article 54-2, paragraph (1); and

the Japanese national presented their passport and provided their fingerprints in an electronic or magnetic means at the time of confirmation of departure;

the Japanese national presented their passport and provided their photograph in an electronic or magnetic means at the time of confirmation of departure.

The provisions of Article 5, paragraph (9) apply mutatis mutandis to cases in which fingerprints are provided pursuant to the provisions of item (i), sub-item (b) of the preceding paragraph, and the provisions of paragraph (10) of the same Article apply mutatis mutandis to cases in which the photograph is provided pursuant to the provisions of item (ii) of the preceding paragraph.

When an immigration inspector has withheld confirmation of departure of a Japanese national pursuant to the provisions of Article 60-2, paragraph (1) of the Act, the inspector must notify the Japanese national to that effect by a written notice of deferment of confirmation of departure pursuant to the Appended Form No. 39.