The Minister of Finance and the competent minister for the business may provide the authorities of a foreign country that enforce a foreign law or regulation which is equivalent to this Act (limited to the parts concerning Articles 27 and 28) (hereinafter referred to as "foreign authorities" in this Article), with information that the ministers find will contribute to the performance of their duties (limited to duties equivalent to those provided for in Articles 27 and 28 of this Act; the same applies in the following paragraph); provided, however, that this does not apply if it is found that providing them with that information is likely to interfere with the proper enforcement of this Act or otherwise prejudice Japan's interests.
The Minister of Finance and the competent minister for the business must confirm the following particulars on the occasion of providing the foreign authorities with the information prescribed in the preceding paragraph:
that the foreign authorities are able to provide the Minister of Finance and the competent minister for the business with information equivalent to that which is prescribed in the preceding paragraph;
that, in that foreign country, the laws and regulations guarantee the same level of confidentiality as in Japan will be maintained with regard to any information that the ministers provide pursuant to the provisions of the preceding paragraph which they provide as confidential information; and
that the foreign authorities will not use the information that the ministers provide pursuant to the provisions of the preceding paragraph for any purpose other than one that contributes to the performance of their duties.
Appropriate measures must be taken so that information that is provided pursuant to the provisions of paragraph (1) is not used in criminal proceedings conducted by a court or judge in a foreign country (simply referred to as "criminal proceedings" in the following paragraph) without the consent under the following paragraph.
Except in a situation that falls under one of the following items, at the request of the foreign authorities, the Minister of Finance and the competent minister for the business may consent to the use of the information they have provided pursuant to the provisions of paragraph (1) in the criminal proceedings to which the request pertains:
if the offense subject to the criminal proceedings to which the request pertains is a political offense, or if the request is found to have been made for the purpose of conducting criminal proceedings in connection with a political offense;
当該要請に係る刑事手続の対象とされている犯罪が政治犯罪であるとき、又は当該要請が政治犯罪について刑事手続を行う目的で行われたものと認められるとき。
if the act involved in the offense subject to the criminal proceedings to which the request pertains would not constitute an offense under the laws and regulations of Japan if it had been performed in Japan; or
当該要請に係る刑事手続の対象とされている犯罪に係る行為が日本国内において行われたとした場合において、その行為が日本国の法令によれば罪に当たるものでないとき。
if the requesting country does not guarantee that it will meet requests of the same kind that Japan makes.
日本国が行う同種の要請に応ずる旨の要請国の保証がないとき。
Before the Minister of Finance and the competent minister for the business give the consent referred to in the preceding paragraph, they must receive confirmation from the Minister of Justice that the situation does not fall under item (i) or (ii) of that paragraph and confirmation from the Minister for Foreign Affairs that the situation does not fall under item (iii) of that paragraph.
foreign country
「外国」
Any area other than Japan (本邦).
Defined inArticle 6, paragraph (1), item (ii)
foreign authorities
「外国執行当局」
In Article 69-5, a foreign authority that enforces foreign laws and regulations equivalent to this Act's rules in Articles 27 and 28 on prior notification of inward direct investment and specified acquisitions, to which the Minister of Finance and the competent minister for the business (事業所管大臣) may give information that helps it carry out duties equivalent to theirs under those Articles.
Short name set inArticle 69-5, paragraph (1)· applies only in this article
criminal proceedings
「刑事手続」
In Article 69-5, paragraph (4), criminal proceedings conducted by a court or judge in a foreign country.
Short name set inArticle 69-5, paragraph (3)· applies only in this provision and in Article 69-5, paragraph (4)