Supplementary Provisions, Article 4
第四条
If a capital transaction pertaining to a notification submitted under the provisions of Article 22, paragraph (1) of the Former Act before the day on which this Act comes into effect (hereinafter referred to as the "Effective Date") that is not actually being carried out as of the time this Act comes into effect (limited to a capital transaction to which Article 23, paragraph (1) of the Former Act applies; hereinafter referred to as a "capital transaction subject to prior review under the Former Act" in this Article and the following Article) falls under outward direct investment that must be notified under the provisions of an order based on the provisions of Article 23, paragraph (1) of the New Act (referred to as "outward direct investment subject to prior review under the New Act" in the following paragraph), and falls under one for which, before the Effective Date, the period during which a capital transaction must not be carried out under the provisions of Article 23, paragraph (1) of the Former Act has expired, one for which notice of acceptance of the recommendation prescribed in Article 23, paragraph (5) of the Former Act (limited to a recommendation pertaining to the modification to the content prescribed in paragraph (2) of that Article) has been given, or one for which modification to the content has been ordered under the provisions of paragraph (7) of that Article (referred to as a "capital transaction for which notification procedures have been completed" in the following paragraph and the following Article), that capital transaction subject to prior review under the Former Act is deemed to be, respectively, one for which the period during which outward direct investment must not be carried out under the provisions of Article 23, paragraph (3) of the New Act has expired, one for which notice of acceptance of the recommendation prescribed in paragraph (7) of that Article (limited to a recommendation pertaining to the modification to the content prescribed in paragraph (4) of that Article) has been given, or one for which modification to the content has been ordered under the provisions of paragraph (9) of that Article.
この法律の施行の日（以下「施行日」という。）前に旧法第二十二条第一項の規定によりされた届出に係る資本取引でこの法律の施行の際現に行われていないもの（旧法第二十三条第一項の規定の適用のある資本取引に限る。以下この条及び次条において「旧法事前審査対象資本取引」という。）が、新法第二十三条第一項の規定に基づく命令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（次項において「新法事前審査対象対外直接投資」という。）に該当するものであって、施行日前に、旧法第二十三条第一項の規定により資本取引を行ってはならないとされる期間が満了したもの、旧法第二十三条第五項に規定する勧告（同条第二項に規定する内容の変更に係るものに限る。）を応諾する旨の通知がされたもの又は同条第七項の規定により内容の変更を命じられたもの（次項及び次条において「届出手続完了資本取引」という。）に該当するものであるときは、当該旧法事前審査対象資本取引は、それぞれ新法第二十三条第三項の規定により対外直接投資を行ってはならないとされる期間が満了したもの、同条第七項に規定する勧告（同条第四項に規定する内容の変更に係るものに限る。）を応諾する旨の通知がされたもの又は同条第九項の規定により内容の変更を命じられたものとみなす。
If a capital transaction subject to prior review under the Former Act falls under outward direct investment subject to prior review under the New Act and does not fall under a capital transaction for which notification procedures have been completed, the provisions of the New Act apply to the notification pertaining to that capital transaction subject to prior review under the Former Act, deeming it to have been submitted under the provisions of Article 23, paragraph (1) of the New Act on the day on which that notification was submitted. In this case, a recommendation under the provisions of Article 23, paragraph (2) of the Former Act or a notice under the provisions of paragraph (4) of that Article (excluding a notice of acceptance of the recommendation prescribed in paragraph (5) of that Article) made with respect to that capital transaction subject to prior review under the Former Act is deemed to be a recommendation under the provisions of Article 23, paragraph (4) of the New Act or a notice under the provisions of paragraph (6) of that Article, respectively.
旧法事前審査対象資本取引が、新法事前審査対象対外直接投資に該当するものであって、届出手続完了資本取引に該当するものでないときは、当該旧法事前審査対象資本取引に係る届出については、これを当該届出がされた日において新法第二十三条第一項の規定によりされたものとみなして、新法の規定を適用する。この場合において、当該旧法事前審査対象資本取引についてあった旧法第二十三条第二項の規定による勧告又は同条第四項の規定による通知（同条第五項に規定する勧告を応諾する旨の通知を除く。）は、それぞれ新法第二十三条第四項の規定による勧告又は同条第六項の規定による通知とみなす。
the New Actmachine translation
「新法」
This Act as amended by Act No. 59 of 1997.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 59 of 1997 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
capital transactionmachine translation
「資本取引」
In the supplementary provisions (附則) of Act No. 59 of 1997, a capital transaction as defined in Article 20 of the Foreign Exchange and Foreign Trade Act as it stood before that Act amended it.
Defined inSupplementary Provisions, Article 3, paragraph (1)
capital transaction for which notification procedures have been completedmachine translation
「届出手続完了資本取引」
In Article 4, paragraph (2) and Article 5 of the supplementary provisions (附則) of Act No. 59 of 1997, a capital transaction subject to prior review under the former Act (旧法事前審査対象資本取引) for which, before that Act came into effect, the period during which it could not be carried out under Article 23, paragraph (1) of this Act as it then stood had ended, notice had been given of accepting a recommendation to change its content under Article 23, paragraph (5) of that wording, or a change to its content had been ordered under paragraph (7) of that Article.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 4, paragraph (2); and Supplementary Provisions, Article 5
outward direct investment subject to prior review under the new Actmachine translation
「新法事前審査対象対外直接投資」
In Article 4 of the supplementary provisions (附則) of Act No. 59 of 1997, an outward direct investment (対外直接投資) that orders based on Article 23, paragraph (1) of this Act as amended by that Act require to be notified in advance.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 4, paragraph (2)
the Effective Datemachine translation
「施行日」
The date Act No. 59 of 1997, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
capital transaction subject to prior review under the former Actmachine translation
「旧法事前審査対象資本取引」
In Articles 4 and 5 of the supplementary provisions (附則) of Act No. 59 of 1997, a capital transaction (資本取引) notified before that Act came into effect under Article 22, paragraph (1) of this Act as it stood before that Act amended it, to which Article 23, paragraph (1) of that former wording applied, and which had not yet been carried out when that Act came into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this article and in Supplementary Provisions, Article 5