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Japan. 2014 ‘Foreign Exchange and Foreign Trade Law, 1949.’ National Report of Japan on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA), pp. 12-13. New York NY: Permanent Mission of Japan to the United Nations. 10 March

Relevant contents

Foreign Exchange and Foreign Trade Law, 'Gaikokukawase Oyobi Gaikokuboueki Hou', 1949

Area: Export

Aim:
The Law (promulgated on December 1, 1949, Law No. 228) aims to control and coordinate external trade only to the minimum extent needed, in order to foster its healthy development, maintain peace and security of international society, contribute balance of payments, the stability of currency and healthy development of Japanese economy. This is the basic law of Japan governing external trade (Article 1).

Specific provisions:
Export of specific kinds of goods to a specified destination prescribed by Export Trade Control Order (promulgated on December 1, 1949, Order No. 378) as those considered to be obstructive to the maintenance of world peace and security requires a permission by the Minister of Economy, Trade and Industry (Article 48-1).

Violation is liable to penalties of 10 years or less imprisonment or a fine of up to 10 million yen, or both; however, if five-times the amount of the subject matter of contravention exceeds 10 million yen, the fine is up to the five-times amount (Article 69-6-2). (ii) Any person who has conducted transactions specified by the provisions of an order pursuant to Article 25, paragraph (4) without obtaining permission pursuant to the provision of the said paragraph or any person who has performed export specified by the provisions of an order pursuant to Article 48, paragraph (1) without obtaining permission pursuant to the provision of the said paragraph, concerning the specific kind of goods prescribed in Article 48, paragraph (1), which are specified by Cabinet Order as those considered to be highly likely to be used for WMD, or the development, etc, thereof .

Area: Import

Aim:
The Law (promulgated on December 1, 1949, Law No. 228) aims to control and coordinate external trade only to the minimum extent needed, in order to foster its healthy development, maintain peace and security of international society, contribute balance of payments, the stability of currency and healthy development of Japanese
economy. This is the basic law of Japan governing external trade (Article 1).

Specific provisions:

Article 52 - For the purpose of achieving the sound development of foreign trade and the national economy, sincerely fulfilling obligations under the treaties and other international agreements Japan has signed, making Japan's contribution to international efforts for achieving international peace, or implementing a cabinet decision set forth in Article 10, paragraph 1, any person who intends to import goods may be obliged to obtain import approval pursuant to the provisions of Cabinet Order.

Article 69-7 - Any person who falls under any of the following items shall be punished by imprisonment with work for not more than five years or a fine of not 3 more than five million yen, or both; provided, however, that when five times the price of the subject matter of the violation exceeds five million yen, a fine shall be not more than five times the price. (v) Any person who has imported goods without obtaining approval pursuant to the provisions of an order pursuant to Article 52

ID: Q12115

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