Chapter VI Responsibility of the Captain of a Vessel or Aircraft and the Carrier
第六章 船舶等の長及び運送業者の責任
第五十六条(協力の義務)
Article 56-2Duty to Check Passports or Other Documents
第五十六条の二(旅券等の確認義務)
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.
第五十七条(報告の義務)
Pursuant to the provisions of Ministry of Justice Order, the captain of a vessel or aircraft entering Japan must report to an immigration inspector at the port of entry or departure where the vessel or aircraft will arrive, the names of its crew members and passengers and other particulars provided by Ministry of Justice Order, in advance.
Upon the request of an immigration inspector at the port of entry or departure from which the vessel or aircraft departs, the captain of a vessel or aircraft departing from Japan must report particulars pertaining to its crew members and passengers as prescribed in the preceding paragraph.
If the captain of a vessel or aircraft entering Japan learns that a foreign national aboard the vessel or aircraft does not possess a valid passport, crew member's pocket-ledger or re-entry permit, the captain must immediately report this information to an immigration inspector at the port of entry or departure.
If a person who has been granted permission pursuant to the provisions of 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 of 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 of 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 permission for landing 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 Recognition 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.
Article 58Duty to Prevent Landing
第五十八条(上陸防止の義務)
If the captain of a vessel or aircraft arriving in Japan has learned that a foreign national prescribed in paragraph (3) of the preceding Article is aboard the vessel or aircraft, the captain must prevent the foreign national from landing.
Article 59Duty of Repatriation
第五十九条(送還の義務)
The captain of a vessel or aircraft or the carrier who operates a vessel or aircraft that has on board a foreign national falling under any of the following items must promptly send the foreign national outside of Japan at their own expense and responsibility via the same vessel or aircraft or any other vessel or aircraft owned by the same carrier:
a person denied landing pursuant to the provisions of Chapter III, Section 1 or 2;
第三章第一節又は第二節の規定により上陸を拒否された者
a person deported for falling under any of items (v) through (vi)-4 of Article 24;
第二十四条第五号から第六号の四までのいずれかに該当して本邦からの退去強制を受けた者
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.
In the case referred to in the preceding paragraph, if the carrier cannot send the foreign national back via the vessel or aircraft prescribed in the same paragraph, the carrier must promptly send the foreign national back via another vessel or aircraft at their own expense and responsibility.
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.