I hereby give My Sanction to the Emergency Measures Ordinance concerning Foreign Trade and Others, under the Imperial Ordinance No. 542 of the twentieth year of Showa (1945) concerning the Orders to be issued in consequence of My Acceptance of the Potsdam Declaration, and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This nineteenth day of the sixth month of the twenty-first year of Showa (June 19, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Commerce and Industry HOSHIJIMA Niro
Imperial Ordinance No. 328
Emergency Measures Ordinance concerning Foreign Trade and Others.
Article 1. No person other than the Government may export or import goods unless otherwise prescribed by ordinance.
Article 2. The competent Minister, when he deems it necessary in order to secure any particular export goods (including packing materials; hereinafter the same shall be implied), may restrict, prohibit, or instruct any necessary measures to be taken in regard to transfer, other manners of disposition or use, consumption, possession, custody and removal of the said goods (including raw materials), provided that it shall not interfere with domestic economy or conflict with the execution of the basic domestic policy of economic control.
Article 3. The competent Minister may order necessary report to be presented, or dispatch competent government officials to inspect necessary places or examine books, documents and other materials in order to ensure orders issued, restriction or prohibition imposed in accordance with the provision of the preceding Article.
Government official dispatched for inspection or examination in accordance with the provision of the preceding Paragraph shall carry with them the certificate to indicate their authority.
Article 4. Any person, who has exported or imported goods against the provision of Article 1 or intended to do so, or violated orders issued in accordance with the provisions of Article 2, shall be liable to penal servitude not exceeding three years or to a fine not exceeding 10,000 yen. However, in case three times the price of the object of the offence committed exceeds 10,000 yen, the fine shall not exceed three times the price.
Any offender as mentioned in the preceding Paragraph may be liable to penal servitude as well as a fine in case the circumstances justify.
Article 5. Any person who has failed to report or presented false report against the provisions of Article 3 shall be liable to a fine not exceeding 1,000 yen.
Any person who has refused, interfered with, or evaded inspection carried out by the Government Officials in accordance with the provisions of Article 3 shall be liable to penal servitude for a term not exceeding six months or to a fine not exceeding 500 yen.
Article 6. In case any representative of a juridical person or any deputy or employee of, or any other person working for a juridical or natural person has committed offences as mentioned in Article 4 or paragraph 1 of the preceding Article, in relation to the business of the said juridical or natural person, not only the offenders shall be liable to punishment as provided for, but also the juridical or natural person concerned shall be liable to the fine provided for in the said articles.
Article 7. As far as the application of the present Ordinance is concerned (except the case prescribed by Paragraph 3 of the following Supplementary Provisions), any transfer or removal of goods between any of Honshu, Hokkaido, Shikoku, Kyushu, and their dependent islands (except those otherwise specified by Ordinance) on one hand and any areas other than those enumerated above on the other hand shall be treated as export or import.
Supplementary Provisions:
The present Ordinance shall come into force as from the date of its promulgation.
The Trade Control Ordinance shall be abrogated.
However, the said Ordinance shall remain in force in so far as imposition of penalty on acts done, prior to the enforcement of the present Ordinance, in pursuance of the previous Ordinance, and compensation for the damage due to export or import order issued under the previous Ordinance are concerned.