The Minister of Economy, Trade and Industry may prohibit a person that has exported goods prescribed in Article 48, paragraph (1) without getting the permission under that paragraph from exporting goods; from conducting transactions that are meant to provide specified technology in a foreign country or to a non-resident; from exporting documents, drawings, or recording media containing specified information in connection with such transactions; or from using telecommunications to transmit information about specified technology with the objective of having it received in a foreign country in connection with such a transaction, but only during a period of up to three years.
The Minister of Economy, Trade and Industry may prohibit a person that has violated this Act, an Order based on this Act, or an administrative disposition based on either of these with regard to the import or export of goods (excluding a person as prescribed in the preceding paragraph) from importing or exporting goods, but only during a period of up to one year (or three years, if the person has violated responsive measures as prescribed in Article 10, paragraph (1) (limited to those involving Article 48, paragraph (3) or the preceding Article)).
If the Minister of Economy, Trade and Industry imposes a prohibition under paragraph (1) or the preceding paragraph, and the violator (meaning the person that has exported goods as prescribed in Article 48, paragraph (1) without getting the permission under paragraph (1) of that Article as prescribed in paragraph (1), or the person that has violated this Act, an Order based on this Act, or an administrative disposition based on either of these with regard to the import or export of goods prescribed in the preceding paragraph; the same applies in the following paragraph) is an individual, the Minister may prohibit the violator from becoming the officer (meaning the member in charge of executive business management, the director, executive officer, representative, administrator or any equivalent person, and including any person that is found to have at least the same level of control in a corporation as that of a member in charge of executive business management, director, executive officer, representative, administrator, or any equivalent person, irrespective of whether they are referred to as advisor or consultant or by any other title; the same applies in the following paragraph) in charge of operations that are within the scope of the prohibition at a corporation (including an association or foundation without legal personality for which a representative or administrator has been designated; hereinafter the same applies in this paragraph and the following paragraph) that engages in such operations, for the same period as that of the prohibition.
第一項又は前項の規定による禁止をする場合において、経済産業大臣は、違反者(第一項に規定する第四十八条第一項の規定による許可を受けないで同項に規定する貨物の輸出をした者又は前項に規定する貨物の輸出若しくは輸入に関し、この法律、この法律に基づく命令若しくはこれらに基づく処分に違反した者をいう。次項において同じ。)が個人である場合にあつては、その者に対して、当該禁止に係る期間と同一の期間を定めて、当該禁止に係る範囲の業務を営む法人(人格のない社団又は財団で代表者又は管理人の定めのあるものを含む。以下この項及び次項において同じ。)の当該業務を担当する役員(業務を執行する社員、取締役、執行役、代表者、管理人又はこれらに準ずる者をいい、相談役、顧問その他いかなる名称を有する者であるかを問わず、法人に対し業務を執行する社員、取締役、執行役、代表者、管理人又はこれらに準ずる者と同等以上の支配力を有するものと認められる者を含む。次項において同じ。)となることを禁止することができる。
If the Minister of Economy, Trade and Industry imposes a prohibition under paragraph (1) or (2), and the person specified in the relevant of the following items for the category of violator referred to in that item constitutes a person provided for by Order of the Ministry of Economy, Trade and Industry as one whose engagement in the operations that are subject to the prohibition it is found to be appropriate to restrict in order to ensure the effectiveness of the prohibition, in consideration of the factual circumstances serving as the reason for the prohibition and the degree to which the person was responsible for those circumstances, the Minister may prohibit the person from commencing new operations within the scope subject to the prohibition (this includes prohibiting the person from becoming the officer in charge of such new operations at a corporation engaging in those operations), for the same period as that of the prohibition:
if the violator is a corporation:its officer; any person that has been its officer within the 60 days prior to the day of the disposition imposing the prohibition; a person managing the operations at its business office or any other employee prescribed by Cabinet Order (hereinafter simply referred to as an "employee" in this item and the following item); or a person that has been its employee within the 60 days prior to the day of the disposition imposing the prohibition; or
foreign country
「外国」
Any area other than Japan (本邦).
Defined inArticle 6, paragraph (1), item (ii)
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)
goods
「貨物」
Movable property other than precious metals (貴金属), means of payment (支払手段), and securities (証券) and other certificates embodying claims.
Defined inArticle 6, paragraph (1), item (xv)
specified technologymachine translation
「特定技術」
Technology for designing, manufacturing or using particular kinds of goods, which a Cabinet Order (政令) specifies as technology whose provision is found to interfere with the maintenance of international peace and security.
Short name set inArticle 25, paragraph (1)
document, drawing, or recording medium containing specified informationmachine translation
「特定記録媒体等」
A document, drawing or recording medium in which information on specified technology (特定技術) is written or recorded.
Short name set inArticle 25, paragraph (3), item (i), (a)
telecommunicationsmachine translation
「電気通信」
Sending, passing on or receiving signs, sounds or images by wire, radio or other electromagnetic means, as defined in Article 2(i) of the Telecommunications Business Act.
Defined inArticle 25, paragraph (3), item (i), (b)
officermachine translation
「役員」
In Article 53, paragraphs (3) and (4), a member executing the business, director, executive officer, representative, administrator or person of equivalent standing of a corporation, including anyone, whatever their title such as adviser or consultant, found to have control over the corporation at least equal to theirs.
Defined inArticle 53, paragraph (3)· applies only in this provision and in Article 53, paragraph (4)
violatormachine translation
「違反者」
In Article 53, paragraphs (3) and (4), a person who exported goods under Article 48, paragraph (1) without the permission it requires, or who violated this Act, an order under it or a disposition under either in relation to exporting or importing goods.
Defined inArticle 53, paragraph (3)· applies only in this provision and in Article 53, paragraph (4)
employee
「使用人」
An employee in a position a Cabinet Order (政令) specifies, such as a person who runs the business of a business office (営業所).
Short name set inArticle 53, paragraph (4), item (i)· applies only in this item and in Article 53, paragraph (4), item (ii)
director
取締役
An officer of a stock company, elected by the shareholders meeting (Companies Act, Article 329, paragraph (1)). Every stock company has at least one (Article 326, paragraph (1)). Where there is no board of directors, the directors run the company's business unless the articles of incorporation say otherwise (Article 348, paragraph (1)), and each of them represents it unless the company has chosen representative directors (代表取締役) or others to do that (Article 349, paragraphs (1) and (3)). Where there is a board (取締役会, board of directors), the directors are its members, and the board decides the business and normally chooses the representative directors from among them (Article 362). The term normally runs to the annual shareholders meeting for the last business year ending within two years of election (Article 332, paragraph (1)).
Written by AI using Companies Act, Arts. 326, 329, 332, 348, 349, 362 as a reference.