Article 22Restrictions on Capital Transactions
第二十二条(資本取引等の制限)
If the Minister of Finance has made it obligatory to get permission pursuant to the provisions of paragraph (1) of the preceding Article, and the minister finds that a person that has conducted a capital transaction which it has been made obligatory to get permission for, without getting that permission, is likely to once again conduct a capital transaction that it has been made obligatory to get permission for pursuant to the provisions of that paragraph without getting that permission, the minister may prohibit the person from fully or partially conducting capital transactions, or, pursuant to the provisions of Cabinet Order, make it obligatory for that person to get permission to conduct capital transactions, but only during a period of up to one year.
If the Minister of Finance finds that a person that has accounted for a transaction or action other than one that is stated in the items of paragraph (3) of the preceding Article (hereinafter referred to as an "ineligible transaction or action" in this paragraph) by placing it in the special international financial transactions account or a person that has violated the provisions of an Order that is based on paragraph (4) of that Article is likely to once again account for an ineligible transaction or action by placing it in the special international financial transactions account or is likely to once again violate the provisions of that order, the minister may prohibit the person from fully or partially accounting for transactions and actions as stated in the items of paragraph (3) of that Article by placing them in the special international financial transactions account, but only during a period of up to one year.
財務大臣は、前条第三項各号に掲げる取引若しくは行為以外の取引若しくは行為(以下この項において「対象外取引等」という。)を特別国際金融取引勘定において経理し、又は同条第四項の規定に基づく命令の規定に違反した者が、再び対象外取引等を特別国際金融取引勘定において経理し、又は当該命令の規定に違反するおそれがあると認めるときは、その者に対し、一年以内の期間を限り、同条第三項各号に掲げる取引又は行為の全部又は一部について特別国際金融取引勘定において経理することを禁止することができる。
第二十二条の二(銀行等その他の金融機関等の本人確認義務等)
When a bank or other prescribed financial institution, a trust company (meaning a trust company as prescribed in Article 2, paragraph (2) of the Trust Business Act (Act No. 154 of 2004) or the foreign trust company as prescribed in paragraph (6) of that Article), a financial instruments business operator (meaning a financial instruments business operator as prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act which is engaged in the Type-I financial instruments business prescribed in Article 28, paragraph (1) of that Act or the Type-II financial instruments business prescribed in paragraph (2) of that Article; the same applies in Article 55-3) or an electronic payment instruments service provider, etc. (referred to as a "bank or any other form of financial enterprise" in the following paragraph and Article 55-9-2, paragraph (1)) enters into a contract or takes any other action prescribed by Cabinet Order that is connected with a capital transaction as prescribed in Article 20 (referred to as "entering into a contract or taking any other prescribed action in connection with a capital transaction" in the following paragraph) with a customer or a person prescribed by Cabinet Order as being equivalent to them (referred to as a "customer or equivalent person" in this paragraph), it must conduct identity verification with regard to the customer or equivalent person.
銀行等、信託会社(信託業法(平成十六年法律第百五十四号)第二条第二項に規定する信託会社及び同条第六項に規定する外国信託会社をいう。)、金融商品取引業者(金融商品取引法第二条第九項に規定する金融商品取引業者であつて、同法第二十八条第一項に規定する第一種金融商品取引業を行う者及び同条第二項に規定する第二種金融商品取引業を行う者をいう。第五十五条の三において同じ。)及び電子決済手段等取引業者等(次項及び第五十五条の九の二第一項において「銀行等その他の金融機関等」という。)は、顧客又はこれに準ずる者として政令で定める者(以下この項において「顧客等」という。)との間で第二十条に規定する資本取引に係る契約の締結その他の政令で定める行為(次項において「資本取引に係る契約締結等行為」という。)を行うに際しては、当該顧客等について、本人確認を行わなければならない。
The provisions of Article 18, paragraphs (2) through (4) and Articles 18-2 through 18-4 apply mutatis mutandis if a bank or any other form of financial enterprise enters into a contract or takes any other prescribed action in connection with a capital transaction. In such a case, the term "specified funds transfer transaction" in Article 18-3, paragraph (2) is deemed to be replaced with "a contract for a capital transaction prescribed in Article 22-2, paragraph (1)".
第十八条第二項から第四項まで及び第十八条の二から第十八条の四までの規定は、銀行等その他の金融機関等が資本取引に係る契約締結等行為を行う場合について準用する。この場合において、第十八条の三第二項中「特定為替取引」とあるのは、「第二十二条の二第一項に規定する資本取引に係る契約」と読み替えるものとする。
The provisions of Article 18, paragraphs (2) through (4), Articles 18-2 through 18-4, and paragraph (1) of the preceding Article apply mutatis mutandis if a person engaging in the currency exchange business (meaning buying and selling foreign currencies or traveler's checks in the course of trade) in Japan (this person is referred to as a "currency exchange operator" in Article 55-9-2, paragraph (1)) exchanges currencies (excluding a small currency exchange prescribed by Cabinet Order) with a customer.
第十八条第二項から第四項まで、第十八条の二から第十八条の四まで及び前条第一項の規定は、本邦において両替業務(業として外国通貨又は旅行小切手の売買を行うことをいう。)を行う者(第五十五条の九の二第一項において「両替業者」という。)が顧客と両替(政令で定める小規模のものを除く。)を行う場合について準用する。
Article 23Outward Direct Investment
第二十三条(対外直接投資)
Before a resident conducts an outward direct investment prescribed by Cabinet Order as being likely to cause one of the situations stated in the items of paragraph (4), the resident, pursuant to the provisions of Cabinet Order, must first file a notification of the substance of the outward direct investment, its timing, and other information that Cabinet Order prescribes with the Minister of Finance.
The term "outward direct investment" as used in this Article means a resident's acquisition of securities issued by a corporation that has been incorporated under foreign laws and regulations or lending of money to such a corporation that is prescribed by Cabinet Order as being done for the purpose of establishing a permanent economic relationship with the corporation, or a resident's payment of funds for the establishment or expansion of a branch office, factory, or other such place of business (hereinafter referred to as a "branch office or other such place of business") in a foreign country.
A resident that has filed a notification under paragraph (1) must not conduct the outward direct investment stated in the notification until the final day in the 20-day period that starts on the day that the Minister of Finance receives the notification; provided, however, that the Minister of Finance may shorten the 20-day period on finding there to be no special problems in light of the substance of the outward direct investment stated in the notification or any other circumstances.
If the outward direct investment under a notification referred to in the preceding paragraph were undertaken, the Minister of Finance, pursuant to Cabinet Order, may issue a recommendation to the person filing the notification of the outward direct investment to modify the substance of the investment or discontinue it, but only if the minister finds that the outward direct investment would cause one of the following situations and make it difficult to achieve the purpose of this Act or if a cabinet decision referred to in Article 10, paragraph (1) has been issued; provided, however, that the period during which the minister may issue a recommendation to modify or discontinue this is within 20 days from the day on which the minister receives the notification:
it would have a significant adverse effect on the smooth operation of the Japanese economy; or
我が国経済の円滑な運営に著しい悪影響を及ぼすことになること。
it would compromise international peace and security or interfere with the maintenance of public order.
国際的な平和及び安全を損ない、又は公の秩序の維持を妨げることになること。
Notwithstanding the provisions of paragraph (3), a person that is issued a recommendation under the preceding paragraph must not undertake the outward direct investment under the notification referred to in paragraph (3) until the final day in the 20-day period that starts on the date on which the person is issued that recommendation.
A person that is issued the recommendation under paragraph (4) must notify the Minister of Finance, within 10 days from the day on which the person is issued the recommendation, of whether or not the person will comply with the recommendation.
第四項の規定による勧告を受けた者は、当該勧告を受けた日から起算して十日以内に、財務大臣に対し、当該勧告を応諾するかしないかを通知しなければならない。
A person that has notified the Minister of Finance of compliance with the recommendation pursuant to the provisions of the preceding paragraph must conduct the outward direct investment that is subject to the recommendation in accordance with the recommendation.
Notwithstanding the provisions of paragraph (3) or (5), once a person notifies the Minister of Finance, pursuant to the provisions of paragraph (6), of compliance with a recommendation, the person may undertake the outward direct investment subject to the recommendation even if 20 days have not yet passed since the person was issued the recommendation.
If a person that has been issued a recommendation under paragraph (4) fails to notify the minister as under paragraph (6) or notifies the minister of non-compliance with the recommendation, the Minister of Finance may order the person issued the recommendation to modify the substance of the outward direct investment or discontinue it; provided, however, that the period during which the minister may issue an order to modify or discontinue this is within 20 days, starting from the day on which the minister issues the recommendation under paragraph (4).
Beyond as prescribed in each of the preceding paragraphs, Cabinet Order prescribes the procedures for recommending modifications to the substance of outward direct investment and for recommending the discontinuance of outward direct investment, and also provides for other necessary particulars of these recommendations.
If the obligation to obtain the permission of the Minister of Finance has been imposed pursuant to the provisions of Article 21, paragraph (1) or (2) with respect to outward direct investment that is required to be notified pursuant to the provisions of paragraph (1), the resident that makes that outward direct investment is not required to file the notification, notwithstanding the provisions of paragraph (1); in this case, if a notification under that paragraph has already been filed with respect to that outward direct investment, that notification (limited to a notification concerning outward direct investment that was not actually being made at the time the obligation to obtain permission was imposed pursuant to the provisions of Article 21, paragraph (1) or (2) (excluding outward direct investment for which notice of acceptance of a recommendation to discontinue has been given pursuant to the provisions of paragraph (6) and outward direct investment that has been ordered to be discontinued pursuant to the provisions of paragraph (9))) is deemed to be an application for the permission that it has been made obligatory to obtain pursuant to the provisions of Article 21, paragraph (1) or (2), filed on the date of that notification, and if a recommendation under the provisions of paragraph (4), a notice under the provisions of paragraph (6) (limited to one stating acceptance of a modification to the content), or an order under the provisions of paragraph (9) (limited to one concerning a modification to the content) has been made with respect to the outward direct investment covered by that notification, that recommendation, notice, or order is deemed not to have been made.
第一項の規定により届け出なければならないとされる対外直接投資について第二十一条第一項又は第二項の規定により財務大臣の許可を受ける義務が課された場合には、当該対外直接投資を行う居住者は、第一項の規定にかかわらず、その届出をすることを要しない。この場合において、当該対外直接投資について既に同項の規定による届出がされているときは、当該届出(同条第一項又は第二項の規定により許可を受ける義務が課された際現に行つていない対外直接投資(第六項の規定により中止の勧告を応諾する旨の通知がされたもの及び第九項の規定により中止を命ぜられたものを除く。)に係るものに限る。)については、これを当該届出のあつた日にされた同条第一項又は第二項の規定により受ける義務を課された許可に係る申請とみなし、当該届出に係る対外直接投資について第四項の規定による勧告、第六項の規定による通知(内容の変更を応諾する旨のものに限る。)又は第九項の規定による命令(内容の変更に係るものに限る。)があつたときは、当該勧告、通知又は命令については、これをなかつたものとみなす。
Japan
「本邦」
Japan for the purposes of this Act and the orders under it: Honshu, Hokkaido, Shikoku, Kyushu and the islands attached to them that an Order of the Ministry of Finance and the Ministry of Economy, Trade and Industry (財務省令・経済産業省令) sets.
Defined inArticle 6, paragraph (1), item (i)
foreign country
「外国」
Any area other than Japan (本邦).
Defined inArticle 6, paragraph (1), item (ii)
foreign currency
「外国通貨」
Any currency other than Japanese currency (本邦通貨).
Defined inArticle 6, paragraph (1), item (iv)
resident
「居住者」
A natural person with a domicile or residence in Japan, or a corporation with its principal office in Japan; a Japanese branch, sales office or other office of a non-resident is also treated as a resident, even if its principal office is in a foreign country and whether or not it has legal authority to act for it.
Defined inArticle 6, paragraph (1), item (v)
security
「証券」
Public bonds, corporate bonds, shares, equity interests, certificates giving rights to public bonds or shares, debentures, treasury securities, mortgage securities, profit certificates, coupons, dividend receipts, coupon exchange tickets and other similar securities or certificates a Cabinet Order (政令) specifies, whether or not a certificate has been issued.
Defined inArticle 6, paragraph (1), item (xi)
bank or other prescribed financial institutionmachine translation
「銀行等」
A bank (銀行) or another financial institution a Cabinet Order (政令) specifies.
Short name set inArticle 16-2, paragraph (1)
electronic payment instruments service provider, etc.machine translation
「電子決済手段等取引業者等」
Any of the businesses in the left-hand column of the table in Article 16-2, paragraph (1): electronic payment instruments service providers (電子決済手段等取引業者), electronic payment handling service providers (電子決済等取扱業者) and their counterparts for shinkin banks and credit cooperatives, and cryptoasset exchange service providers (暗号資産交換業者).
Defined inArticle 16-2, paragraph (1)
verifying a person's identity
「本人確認」
A bank or other prescribed financial institution's (銀行等) check of a customer's identifying information (本人特定事項) by having a driver's licence shown or by another method a Ministry of Finance Order (財務省令) sets.
Short name set inArticle 18, paragraph (1)
specified funds transfer transactioncorrected by this site
「特定為替取引」
A funds transfer transaction (為替取引) a bank or other prescribed financial institution (銀行等) carries out for a customer's payment from Japan to a foreign country or for a payment between the customer and a non-resident (unless the customer is itself a non-resident), other than one for a small payment of a kind a Cabinet Order (政令) sets.
Short name set inArticle 18, paragraph (1)
capital transactionmachine translation
「資本取引」
In Article 21, Article 22, paragraph (1), Article 55-3 and Article 70, paragraph (1), a capital transaction as defined in Article 20 — such as claims arising under deposit, loan or guarantee contracts between a resident and a non-resident, buying or selling securities between them, issuing securities across borders, and acquiring real estate across borders — other than a specified capital transaction (特定資本取引) under Article 24, paragraph (1).
Defined inArticle 21, paragraph (1)· applies only in this provision and in Article 22, paragraph (1); Article 55-3; and Article 70, paragraph (1)
special international financial transactions account
「特別国際金融取引勘定」
An account that a bank or other financial institution a Cabinet Order (政令) specifies sets up with the Minister of Finance's approval to keep the accounts of the transactions listed in Article 21, paragraph (3) — by which it raises funds from non-residents, such as deposits, and uses them with non-residents, such as loans to them or buying their securities — separately from its other accounts.
Short name set inArticle 21, paragraph (4)· applies only in this paragraph and in Article 22, paragraph (2)
ineligible transaction or action
「対象外取引等」
In Article 22, paragraph (2), a transaction or action other than those listed in the items of Article 21, paragraph (3), which are the ones a special international financial transactions account (特別国際金融取引勘定) is set up for.
Short name set inArticle 22, paragraph (2)· applies only in this paragraph
entering into a contract or taking any other prescribed action in connection with a capital transactionmachine translation
「資本取引に係る契約締結等行為」
In Article 22-2, paragraph (2), entering into a contract for a capital transaction (資本取引) under Article 20, or another act a Cabinet Order (政令) specifies, with a customer or equivalent person (顧客等).
Short name set inArticle 22-2, paragraph (1)· applies only in this provision and in Article 22-2, paragraph (2)
financial instruments business operatormachine translation
「金融商品取引業者」
In Article 22-2 and Article 55-3, a financial instruments business operator as defined in Article 2, paragraph (9) of the Financial Instruments and Exchange Act that carries on Type I Financial Instruments Business (第一種金融商品取引業) under Article 28, paragraph (1) of that Act or Type II Financial Instruments Business (第二種金融商品取引業) under paragraph (2) of that Article.
Defined inArticle 22-2, paragraph (1)· applies only in this provision and in Article 55-3
bank or other form of financial enterprisemachine translation
「銀行等その他の金融機関等」
In Article 22-2, paragraph (2) and Article 55-9-2, paragraph (1), banks or other prescribed financial institutions (銀行等), trust companies (信託会社), financial instruments business operators (金融商品取引業者) and electronic payment instruments service providers, etc. (電子決済手段等取引業者等), taken together.
Short name set inArticle 22-2, paragraph (1)· applies only in this provision and in Article 22-2, paragraph (2); and Article 55-9-2, paragraph (1)
customer or equivalent personmachine translation
「顧客等」
In Article 22-2, paragraph (1), a customer of a bank or other form of financial enterprise (銀行等その他の金融機関等), or a person a Cabinet Order (政令) specifies as equivalent to a customer.
Short name set inArticle 22-2, paragraph (1)· applies only in this paragraph
currency exchange operator
「両替業者」
In Article 55-9-2, paragraph (1), a person that carries on currency exchange business in Japan, that is, buying and selling foreign currencies or traveller's cheques as a business.
Short name set inArticle 22-3, paragraph (1)· applies only in this provision and in Article 55-9-2, paragraph (1)
outward direct investment
「対外直接投資」
A resident's acquisition of securities issued by, or loan of money to, a corporation set up under foreign law that a Cabinet Order (政令) specifies as made to establish a lasting economic relationship with that corporation, or a resident's payment of funds to set up or expand a branch, factory or other place of business in a foreign country.
Defined inArticle 23, paragraph (2)· applies only in this article
branch office or other such place of business
「支店等」
A branch, factory or other place of business, as Article 23, paragraph (2) names them for those in a foreign country.
Short name set inArticle 23, paragraph (2)