第二十四条(経済産業大臣の許可を受ける義務を課する特定資本取引)
On finding that, if residents were to unrestrictedly conduct specified capital transactions (meaning any capital transaction as stated in Article 20, item (ii) (including anything that, pursuant to item (xii) of that Article, Cabinet Order prescribes as a transaction equivalent to what is referred to in item (ii) of that Article) prescribed by Cabinet Order as a transaction or action that a person that imports or exports goods conducts in direct association with the importing or exporting of goods, or prescribed by Cabinet Order as a transaction or action associated with the transfer of a mining right, industrial property right, or other right equivalent thereto, or associated with the establishment of the right to use these rights (excluding anything prescribed by Cabinet Order as a transaction whose purpose is the settlement of a short-term international commercial transaction); the same applies hereinafter), it would prevent Japan from faithfully performing its obligations under a treaty or other international agreement it has concluded or would cause a situation that would prevent Japan from contributing to international efforts towards international peace, thereby making it difficult to achieve the purpose of this Act, or if a cabinet decision as referred to in Article 10, paragraph (1) has been reached, the Minister of Economy, Trade and Industry, pursuant to Cabinet Order, may make it obligatory for residents seeking to conduct such a specified capital transaction to get permission to conduct it.
経済産業大臣は、居住者による特定資本取引(第二十条第二号に掲げる資本取引(同条第十二号の規定により同条第二号に準ずる取引として政令で定めるものを含む。)のうち、貨物を輸出し、又は輸入する者が貨物の輸出又は輸入に直接伴つてする取引又は行為として政令で定めるもの及び鉱業権、工業所有権その他これらに類する権利の移転又はこれらの権利の使用権の設定に係る取引又は行為として政令で定めるもの(短期の国際商業取引の決済のための取引として政令で定めるものを除く。)をいう。以下同じ。)が何らの制限なしに行われた場合には、我が国が締結した条約その他の国際約束を誠実に履行することを妨げ、若しくは国際平和のための国際的な努力に我が国として寄与することを妨げることとなる事態を生じ、この法律の目的を達成することが困難になると認めるとき、又は第十条第一項の閣議決定が行われたときは、政令で定めるところにより、当該特定資本取引を行おうとする居住者に対し、当該特定資本取引を行うことについて、許可を受ける義務を課することができる。
Beyond as prescribed in the preceding paragraph, on finding that, if residents were to unrestrictedly conduct specified capital transactions, it would cause one of the situations stated in the items of Article 21, paragraph (2) to arise, thereby making it difficult to achieve the purpose of this Act, the Minister of Economy, Trade and Industry, pursuant to Cabinet Order, may make it obligatory for residents seeking to conduct such a specified capital transaction to get permission to conduct it.
If it has been made obligatory for persons to get permission for a specified capital transaction pursuant to both paragraph (1) and the preceding paragraph, a person seeking to conduct such a transaction may file a combined application for the permissions under those paragraphs, pursuant to Cabinet Order. In such a case, the Minister of Economy, Trade and Industry is to decide whether to give permission while also taking into consideration whether the specified capital transaction under the application would actually cause one of the situations that forms the basis for the minister's having made it obligatory for persons to get permission for such a transaction.
Article 24-2Restrictions of Specified Capital Transactions
第二十四条の二(特定資本取引の制限)
If the Minister of Economy, Trade and Industry 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 specified capital transaction which it has been made obligatory to get permission for, without getting that permission, is likely to once again conduct a specified 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 specified capital transactions, or, pursuant to the provisions of Cabinet Order, make it obligatory for that person to get permission to conduct specified capital transactions, but only during a period of up to one year.
第二十五条(役務取引等)
A resident or non-resident that intends to conduct a transaction for the purpose of providing, in a specific foreign country (hereinafter referred to as a "specified country"), technology for designing, manufacturing, or using a specified type of goods prescribed by Cabinet Order as being found to interfere with the maintenance of international peace and security (hereinafter referred to as "specified technology"), or a resident that intends to conduct a transaction for the purpose of providing specified technology to a non-resident of a specified country, must obtain the permission of the Minister of Economy, Trade and Industry for that transaction, pursuant to the provisions of Cabinet Order.
If the Minister of Economy, Trade and Industry finds it to be necessary to do so in order to ensure the reliable implementation of the provisions of the preceding paragraph, the Minister, pursuant to the provisions of Cabinet Order, may make it obligatory for residents or non-residents seeking to conduct a transaction that is meant to provide specified technology in a foreign country other than a specified country, or residents seeking to conduct a transaction that is meant to provide specified technology to a non-resident from a foreign country other than a specified country to get permission for the transaction.
In the cases stated in the following items, the Minister of Economy, Trade and Industry, pursuant to the provisions of Cabinet Order, may make it obligatory for persons seeking to take the action prescribed in that item to get permission for that action:
経済産業大臣は、次の各号に掲げる場合には、当該各号に定める行為をしようとする者に対し、政令で定めるところにより、当該行為について、許可を受ける義務を課することができる。
if the Minister finds it to be necessary to do so in order to ensure the reliable implementation of the provisions of paragraph (1): any of the following acts in connection with the transaction referred to in that paragraph:
exporting a document, drawing, or recording medium containing information on the specified technology (hereinafter referred to as a "document, drawing, or recording medium containing specified information") to a specified country; or
transmitting information concerning the specified technology by means of telecommunications (meaning the telecommunications prescribed in Article 2, item (i) of the Telecommunications Business Act (Act No. 86 of 1984); the same applies hereinafter) that are intended to be received in the specified country (limited to the transmission from telecommunications facilities (meaning the telecommunications facilities prescribed in item (ii) of that Article) that are located in Japan; the same applies hereinafter); and
if the minister finds it to be necessary to do so in order to ensure the reliable implementation of the provisions of the preceding paragraph:any of the following acts in connection with the transaction referred to in that paragraph:
exporting the document, drawing, or recording medium containing specified information, to a foreign country other than the specified country; or
transmitting information concerning the specified technology by means of telecommunications that are intended to be received in a foreign country other than the specified country.
If a resident seeks to conduct a transaction with a non-resident that is connected with the buying and selling, leasing, or donation of goods; that involves the transfer of goods between foreign countries; and that Cabinet Order prescribes as being found to interfere with the maintenance of international peace and security, the resident must get the permission of the Minister of Economy, Trade and Industry for that transaction, pursuant to the provisions of Cabinet Order.
If a resident seeks to conduct a service transaction (meaning a transaction that is meant to provide labor or a benefit; the same applies hereinafter) that constitutes the processing of minerals or anything Cabinet Order prescribes as similar to them (excluding anything that falls under the category of the entry into, renewal, or modification of a technology introduction contract as prescribed in Article 30, paragraph (1)), the resident must get the permission of the competent minister for that transaction, pursuant to Cabinet Order; provided, however, that this does not apply to a service transaction which falls within the category of service transaction for which it has been made obligatory to get the permission of the competent minister, pursuant to the provisions of the following paragraph.
居住者は、非居住者との間で、役務取引(労務又は便益の提供を目的とする取引をいう。以下同じ。)であつて、鉱産物の加工その他これに類するものとして政令で定めるもの(第三十条第一項に規定する技術導入契約の締結等に該当するものを除く。)を行おうとするときは、政令で定めるところにより、当該役務取引について、主務大臣の許可を受けなければならない。ただし、次項の規定により主務大臣の許可を受ける義務が課された役務取引に該当するものについては、この限りでない。
On finding that, if residents were to unrestrictedly conduct service transactions (excluding service transactions linked to specified technology and those falling under the category of the entry into, renewal, or modification of a technology introduction contract as prescribed in Article 30, paragraph (1)) or transactions that are connected with the buying and selling, leasing, or donation of goods and that involve the transfer of goods between foreign countries (excluding those as prescribed in paragraph (4)) (hereinafter referred to as a "service transaction or transaction involving the transfer of goods between foreign countries") with non-residents, it would prevent Japan from faithfully performing its obligations under a treaty or other international agreement it has concluded or would cause a situation that would prevent Japan from contributing to international efforts towards international peace, thereby making it difficult to achieve the purpose of this Act, or if a cabinet decision as referred to in Article 10, paragraph (1) has been reached, the competent minister, pursuant to Cabinet Order, may make it obligatory for a resident seeking to conduct a service transaction or transaction involving the transfer of goods between foreign countries to get permission to conduct it.
主務大臣は、居住者が非居住者との間で行う役務取引(特定技術に係るもの及び第三十条第一項に規定する技術導入契約の締結等に該当するものを除く。)又は外国相互間の貨物の移動を伴う貨物の売買、貸借若しくは贈与に関する取引(第四項に規定するものを除く。)(以下「役務取引等」という。)が何らの制限なしに行われた場合には、我が国が締結した条約その他の国際約束を誠実に履行することを妨げ、若しくは国際平和のための国際的な努力に我が国として寄与することを妨げることとなる事態を生じ、この法律の目的を達成することが困難になると認めるとき、又は第十条第一項の閣議決定が行われたときは、政令で定めるところにより、当該役務取引等を行おうとする居住者に対し、当該役務取引等を行うことについて、許可を受ける義務を課することができる。
第二十五条の二(制裁等)
The Minister of Economy, Trade and Industry may prohibit a person that has conducted a transaction prescribed in paragraph (1) of the preceding Article without getting the permission under that paragraph, from conducting transactions that are meant to provide technology for designing, manufacturing, or using goods (hereinafter referred to as "technology for designing, manufacturing, or using goods" in this paragraph and the following paragraph) in a foreign country or to a non-resident; from exporting a document, drawing, or recording medium containing information about technology for designing, manufacturing, or using goods (referred to as "exporting a document, drawing, or recording medium containing technological information" in the following paragraph and Article 70, paragraph (1), item (xix)) in connection with such a transaction; from using telecommunications that are meant to be received in a foreign country to transmit information concerning technology for designing, manufacturing, or using goods (referred to as "transmission of technological information outside Japan" in the following paragraph and that item); or from exporting a specified type of goods involving specified technology, but only during a period of up to three years.
経済産業大臣は、前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取引を行つた者に対し、三年以内の期間を限り、貨物の設計、製造若しくは使用に係る技術(以下この項及び次項において「貨物設計等技術」という。)を外国において提供し、若しくは非居住者に提供することを目的とする取引若しくは当該取引に関する貨物設計等技術を内容とする情報が記載され、若しくは記録された文書、図画若しくは記録媒体の輸出(同項及び第七十条第一項第十九号において「技術記録媒体等輸出」という。)若しくは外国において受信されることを目的として行う電気通信による貨物設計等技術を内容とする情報の送信(次項及び同号において「国外技術送信」という。)を行い、又は特定技術に係る特定の種類の貨物の輸出を行うことを禁止することができる。
If persons have been placed under the obligation to get the permission of the Minister of Economy, Trade and Industry pursuant to the provisions of paragraph (2) or (3) of the preceding Article, the Minister of Economy, Trade and Industry may prohibit a person that has undertaken a transaction or action provided for in one of those paragraphs without getting that permission, from conducting a transaction that is meant to provide technology for designing, manufacturing, or using goods in a foreign country or to a non-resident; from exporting a document, drawing, or recording medium containing technological information in connection with such a transaction; from transmitting technological information outside Japan in connection with such a transaction; or from exporting a specified type of goods involving specified technology, but only during a period of up to one year.
The Minister of Economy, Trade and Industry may prohibit a person that has conducted a transaction prescribed in paragraph (4) of the preceding Article without getting the permission referred to in that paragraph, from conducting a transaction that is connected with the buying and selling, leasing, or donation of goods and that involves the transfer of goods between foreign countries with a non-resident, or from exporting goods, but only during a period of up to three years.
If the competent minister has made it obligatory to get permission to conduct a service transaction or transaction involving the transfer of goods between foreign countries pursuant to the provisions of paragraph (6) of the preceding Article, and the minister finds that a person that has conducted a service transaction or transaction involving the transfer of goods between foreign countries which it has been made obligatory to get permission for, without getting that permission, is likely to once again conduct a service transaction or transaction involving the transfer of goods between foreign countries 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 service transactions or transactions involving the transfer of goods between foreign countries, or, pursuant to the provisions of Cabinet Order, make it obligatory for that person to get permission to conduct service transactions or transactions involving the transfer of goods between foreign countries, but only during a period of up to one year.
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)
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)
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 capital transactionmachine translation
「特定資本取引」
A capital transaction of the kind in Article 20, item (ii) — a transaction under a money loan or debt guarantee contract between a resident and a non-resident, including one a Cabinet Order (政令) treats as equivalent under item (xii) — that a Cabinet Order specifies as made by an exporter or importer directly in connection with exporting or importing goods, or as connected with transferring, or granting a right to use, a mining right, industrial property right or similar right, other than one a Cabinet Order specifies as settling a short-term international commercial transaction.
Defined inArticle 24, paragraph (1)
specified countrymachine translation
「特定国」
A particular foreign country in which providing specified technology (特定技術), or providing it to that country's non-residents, requires permission from the Minister of Economy, Trade and Industry under Article 25, paragraph (1), as a Cabinet Order (政令) provides.
Short name set inArticle 25, paragraph (1)
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)
service transaction
「役務取引」
A transaction whose purpose is to provide labour or a benefit.
Defined inArticle 25, paragraph (5)
service transaction or transaction involving the transfer of goods between foreign countriesmachine translation
「役務取引等」
A service transaction (役務取引) a resident carries out with a non-resident, other than one relating to specified technology (特定技術) or amounting to an entry into, renewal or modification of a technology introduction contract (技術導入契約の締結等), or a transaction for the sale, lease or gift of goods that involves moving goods between foreign countries, other than one under Article 25, paragraph (4).
Short name set inArticle 25, paragraph (6)
transmission of technological information outside Japanmachine translation
「国外技術送信」
In Article 25-2, paragraphs (1) and (2) and Article 70, paragraph (1), item (xix), sending information on technology for designing, manufacturing or using goods (貨物設計等技術) by telecommunications (電気通信) to be received in a foreign country.
Short name set inArticle 25-2, paragraph (1)· applies only in this provision and in Article 25-2, paragraph (2); and Article 70, paragraph (1), item (xix)
exporting a document, drawing, or recording medium containing technological informationmachine translation
「技術記録媒体等輸出」
In Article 25-2, paragraphs (1) and (2) and Article 70, paragraph (1), item (xix), exporting a document, drawing or recording medium containing information on technology for designing, manufacturing or using goods (貨物設計等技術) in connection with a transaction to provide that technology in a foreign country or to a non-resident.
Short name set inArticle 25-2, paragraph (1)· applies only in this provision and in Article 25-2, paragraph (2); and Article 70, paragraph (1), item (xix)
technology for designing, manufacturing, or using goodsmachine translation
「貨物設計等技術」
In Article 25-2, paragraphs (1) and (2), technology for designing, manufacturing or using goods.
Short name set inArticle 25-2, paragraph (1)· applies only in this paragraph and in Article 25-2, paragraph (2)
entry into, renewal, or modification of a technology introduction contractmachine translation
「技術導入契約の締結等」
A resident's conclusion or renewal of, or other change to the terms of, a contract with a non-resident for the non-resident's transfer of industrial property rights or other rights relating to technology, grant of a right to use them, or guidance on technology for running a business.
Short name set inArticle 30, paragraph (1)