Immigration Control and Refugee Recognition Act

When issuing a ship ticket or airline ticket to a person who made a reservation on a vessel or aircraft entering Japan (meaning a person who reserved a ship ticket or airline ticket), the carrier who operates the vessel or aircraft (or the captain of the vessel or aircraft in the absence of the carrier; hereinafter the same applies in this Article and the following Article) must report the name of the person who made the reservation and other particulars provided by Ministry of Justice Order to the Commissioner of the Immigration Services Agency by the time specified in the following items according to the category of cases set forth in those items:

if issuing a ship ticket:the time provided by Ministry of Justice Order in consideration of the number of passengers on vessels entering Japan, the status of the development of the equipment necessary for reporting those particulars, and other circumstances;

if issuing an airline ticket:the time of issuing the airline ticket.

Upon receiving a report pursuant to the provisions of the preceding paragraph, the Commissioner of the Immigration Services Agency must notify the carrier who made the report, without delay, of whether it is appropriate to allow the person pertaining to the report to enter Japan.

If, after giving notice pursuant to the provisions of the preceding paragraph that it is appropriate to allow a person pertaining to a report under the provisions of paragraph (1) to enter Japan, it becomes clear that it is not appropriate to allow the person pertaining to the notice to enter Japan, the Commissioner of the Immigration Services Agency may notify the carrier who received the notice to that effect.

If a carrier receives notice pursuant to the provisions of the preceding two paragraphs that it is not appropriate to allow a person pertaining to a report under the provisions of paragraph (1) to enter Japan, the carrier must not allow the person pertaining to the notice to enter Japan aboard the vessel or aircraft; provided, however, that this does not apply if the carrier receives the notice after the vessel or aircraft has departed from an area outside Japan for Japan.

In the case prescribed in the proviso to the preceding paragraph, if the carrier enters Japan with the person pertaining to the notice prescribed in the same paragraph aboard the vessel or aircraft, the carrier must promptly after receiving the notice report to the Commissioner of the Immigration Services Agency to that effect, the date and time at which the vessel or aircraft departed from the area outside Japan for Japan, and other particulars provided by Ministry of Justice Order.

For the purpose of preventing foreign nationals from illegally entering Japan, the carrier who operates a vessel or aircraft entering Japan (or the captain of the vessel or aircraft in the absence of the carrier) must check the passports, crew member's pocket-ledgers or re-entry permits possessed by foreign nationals who seek to board the vessel or aircraft.

(Duty to Report) on Passengers, etc. of Vessels or Aircraft Entering Japan

If a person who has been granted permission pursuant to the provisions ofthe permission set forth in Article 14-2, paragraph (2) is on board a designated passenger ship, the captain of the designated passenger ship entering Japan must immediately report the name of the person and other particulars provided by Ministry of Justice Order to an immigration inspector at the port of entry or departure each time the designated passenger ship arrives at a port of entry or departure.

If a crew member who has been granted permission pursuant to the provisions ofthe permission set forth in Article 16, paragraph (2) is on board the vessel or aircraft entering Japan, the captain of the vessel or aircraft must immediately report the name of the crew member and other particulars provided by Ministry of Justice Order to an immigration inspector at the port of entry or departure each time the vessel or aircraft arrives at a port of entry or departure.

The captain of the designated passenger ship departing from a Japanese port of entry or departure must report, upon the request of an immigration inspector at the port of entry or departure, whether a person granted permission pursuant to the provisions ofthe permission set forth in Article 14-2, paragraph (1) or (2) has returned to the designated passenger ship.

At the request of an immigration inspector at the port of entry or departure from which the vessel or aircraft departs, the captain of the vessel or aircraft departing from Japan must report whether a person granted the permission for landingset forth in transit pursuant to the provisions of Article 15, paragraph (1) has returned to their vessel or aircraft, whether a person who was granted landing permission for crew members is aboard the vessel or aircraft, and whether a person seeking to depart Japan in violation of the provisions of Article 25, paragraph (2), or Article 60, paragraph (2) is aboard the vessel or aircraft.

If an immigration inspector finds it necessary in securing the enforcement of the provisions of Article 7, paragraph (1) or other provisions of the Immigration Control and Refugee Recognitionthis Act, they may request the carrier operating an aircraft entering Japan or any other person provided for by Ministry of Justice Order to give a report on the person who made the reservation on the aircraft (meaning the person who reserved the airline ticket; hereinafter the same applies in this paragraph), the details of the reservation of the person who made the reservation, the baggage of the person and the particulars provided for in Ministry of Justice Order regarding the procedures for boarding the aircraft, before the aircraft arrives at the port of entry or departure.

A person who has been requested to give a report pursuant to the provisions of the preceding paragraph must give the report pursuant to the provisions of Ministry of Justice Order. In this case, if this person takes the measures provided for in Ministry of Justice Order that make the information available in a manner that enables the immigration inspector to view the information using electronic or magnetic records in lieu of the report, the report is deemed to have been made.

excluding those persons prescribed in the preceding item, out of those who were deported within 5 years of their landing date for falling under any of the items of Article 24, the person whom the captain of the vessel or aircraft or the carrier who operated the vessel or aircraft at the time of their landing is found to have obviously known the existence of grounds for deportation.

Notwithstanding the provisions of the preceding two paragraphs, out of the expense and responsibility that should be borne by the captain of a vessel or aircraft or the carrier who operates the vessel or aircraft pursuant to those provisions, a supervising immigration inspector may exempt the captain or the carrier from all or part of the expenses and responsibility arising from keeping at a Departure Waiting Facility, limited to those pertaining to a foreign national who possesses a valid passport with a visa issued by a Japanese consular officer, etc.falls under any of the following items:

a person who possesses a valid passport with a visa;

beyond the persons set forth in the preceding item, a person who possesses a valid passport and has received the certification set forth in Article 7-2.

If necessary, the Minister of Justice or the Commissioner of the Immigration Services Agency may have an immigration inspector inquire into facts in order to conduct dispositions regarding the certification under Article 4, Article 7-2 or Article 15-2, the issuance of a certificate of eligibility, the registration pursuant to the provisions of Article 9, paragraph (8) or Article 19-23, paragraph (1) (in the case of the registration pursuant to the provisions of Article 9, paragraph (8), limited to those pertaining to persons that fall under item (i), sub-item (c) of the same paragraph), permission pursuant to the provisions of Article 12, paragraph (1), Article 19, paragraph (2), the main clause of Article 20, paragraph (3) (including as applied mutatis mutandis pursuant to Article 22-2, paragraph (3) (including as applied mutatis mutandis pursuant to Article 22-3)), Article 21, paragraph (3), Article 22, paragraph (2) (including as applied mutatis mutandis pursuant to Article 22-2, paragraph (4) (including as applied mutatis mutandis pursuant to Article 22-3)), Article 26, paragraph (1), Article 61-2-5, paragraph (1), or Article 61-2-14, or cancellation of registration pursuant to the provisions of Article 19-32, paragraph (1), or have an immigration inspector or immigration control officer inquire into the facts in order to conduct dispositions regarding revocation of the status of residence pursuant to the provisions of Article 22-4, paragraph (1) or dispositions regarding permission pursuant to the provisions of Article 50, paragraph (1).

the foreign national has been granted permission for landing at a port of call, landing permission for cruise ship tourists, permission for landing in transit, landing permission for crew members, permission for emergency landing or landing permission due to distress, etc., and has not stayed in Japan beyond the period stated in their passport or permit;

A foreign national who is issued a registered user card pursuant to the provisions of Article 9-2, paragraph (1) or (8), or a certificate of authorization for employment pursuant to the provisions of Article 19-2, paragraph (1) or a residence card pursuant to the provisions of Article 19-10, paragraph (2) as applied mutatis mutandis pursuant to Article 19-13, paragraph (4) based on the application pursuant to the provisions of the second sentence of paragraph (1) of the same Article must pay a fee in an amount separately provided by Cabinet Order in consideration of actual expenses.

If a foreign national seeks to receive the certification set forth in Article 4, Article 7-2 or Article 15-2, the foreign national must pay, at the time of providing information pursuant to those provisions, a fee in an amount provided by Cabinet Order in consideration of actual expenses.

A foreign national who receives the certification set forth in Article 7-2 or Article 15-2, or who receives the registration set forth in Article 9, paragraph (8) as a person falling under item (i), sub-item (c) of the same paragraph, must pay a fee in an amount provided by Cabinet Order in consideration of actual expenses and the amount of the costs required for the fair control of entry, departure and residence of foreign nationals who receive such certification or registration, and other circumstances.

The authority of the Minister of Justice provided for by the Immigration Control and Refugee Recognitionthis Act may be delegated to the Commissioner of the Immigration Services Agency pursuant to the provisions of Cabinet Order; provided however, that this does not apply to the authority prescribed in Article 2-3, paragraphs (3) through (5) (including as applied mutatis mutandis pursuant to paragraph (6) of the same Article), Article 2-4, paragraph (1), paragraphs (3) through (5) of the same Article (including as applied mutatis mutandis pursuant to paragraph (6) of the same Article) and Article 7-27-3, paragraph (3) and paragraph (4) (including as applied mutatis mutandis pursuant to paragraph (5) of the same Article).

The authority of the Commissioner of the Immigration Services Agency (including the authority delegated pursuant to the provisions of the preceding paragraph) provided for by the Immigration Control and Refugee Recognitionthis Act may be delegated to the director of the regional immigration services bureau, pursuant to Ministry of Justice Order.

a person who enters Japan in violation of the provisions of Article 3, paragraph (1) (limited to the part pertaining to items (i) and (ii));

a person who is granted permission for landing at a port of call, landing permission for cruise ship tourists, permission for landing in transit, landing permission for crew members, permission for emergency landing, landing permission due to distress, etc. or landing permission for temporary refuge, who remains in Japan beyond the period entered in their passport or permit;

a person who has allowed foreign nationalsfails to enter Japan without checking their passports, crew member's pocket-ledgers,report or re-entry permits,falsely reports in violation of the provisions of Article 56-2, paragraph (1) or (5);

a person who has allowed a person to whom the notice pertains to enter Japan aboard the vessel, etc. in violation of the provisions of Article 56-2, paragraph (4);

a person who has allowed foreign nationals to enter Japan without checking their passports, crew member's pocket-ledgers, or re-entry permits, in violation of the provisions of Article 56-3;

a person who fails to report, or falsely reports in violation of the provisions of Article 57, paragraph (1) or (2), fails to report in violation of the provisions of paragraph (3) of the same Article, or fails to report or falsely reports in violation of the provisions of paragraphs (4) through (7) or the first sentence of paragraph (9) of the same Article;