I hereby give My sanction to the Foreign Trade Public Corporation Law, for which the concurrence of the Imperial Diet has been obtained, and cause the same to be promulgated.
御名御璽
Signed:HIROHITO, Seal of the Emperor
昭和二十二年四月十四日
This fourteenth day of the fourth month of the twenty-second year of Showa (April 14, 1947)
Art.1. The Foreign Trade Public Corporation shall have for its object the performance of the business operation relative to import and export in accordance with the program and the procedures formulated by the competent Minister in accordance with the basic policy and program formulated by the Director-General of the Economic Stabilization Board.
貿易公團は、法人とする。
The Foreign Trade Public Corporation shall be a juridical person.
第二條 貿易公團の種類は、左の通りとする。
Art.2. There shall be following Foreign Trade Public Corporation:
鉱工品貿易公團
The Foreign Trade Public Corporation for Minerals and Industrial Products
纖維貿易公團
The Foreign Trade Public Corporation for Textiles
食糧貿易公團
The Foreign Trade Public Corporation for Foodstuff
原材料貿易公團
The Foreign Trade Public Corporation for Raw Materials
前項の貿易公團の取り扱う物品の種類は、命令で、これを定める。
Items to be handled by the respective Foreign Trade Public Corporation provided for in the preceding paragraph shall be designated by Ordinances.
第三條 貿易公團は、主たる事務所を東京都に置く。
Art.3. The main office of the respective Foreign Trade Public Corporation shall be established in Tokyo.
The Foreign Trade Public Corporation may with the approval of the competent Minister establish branch offices where essential for the performance of business operation relative to import and export.
第四條 貿易公團の基本金は、左の通りとする。
Art.4. The authorized fixed capitals of the respective Foreign Trade Public Corporation shall be as follows:
鉱工品貿易公團 千五百万円
The Foreign Trade Public Corporation for Minerals and Industrial Products \15,000,000
纖維貿易公團 三千万円
The Foreign Trade Public Corporation for Textiles 30,000,000
食糧貿易公團 千五百万円
The Foreign Trade Public Corporation for Foodstuff 15,000,000
原材料貿易公團 二千万円
The Foreign Trade Public Corporation for Raw Materials 20,000,000
前項の基本金は、政府が全額これを出資しなければならない。
The fixed capitals referred to in the preceding paragraph shall be subscribed exclusively by the Government.
貿易公團の運営資金は、必要があるときには、貿易資金から借り入れるものとする。
The working capitals of the respective Foreign Trade Public Corporation shall be obtained by loan when necessary from the Foreign Trade Fund.
第五條 貿易公團は、定款を以て、左の事項を規定しなければならない。
Art.5. The respective Foreign Trade Public Corporation shall stipulate the following matters in their Articles of Incorporation:
一 目的
1. Object
二 名称
2. Name
三 事務所の所在地
3. Location of office
四 基本金額に関する事項
4. Matters relative to capital
五 役員に関する事項
5. Matters relative to officers
六 業務及びその執行に関する事項
6. Matters relative to business and its execution
七 会計に関する事項
7. Matters relative to accounting
八 公告の方法
8. Matters relative to public notice
定款は、主務大臣及び経済安定本部総務長官の認可を受けて、これを変更することができる。
The Articles of Incorporation may be revised with the approval of the competent Minister and the Director-General of the Economic Stabilization Board.
第六條 貿易公團は、勅令の定めるところにより、登記しなければならない。
Art.6. The Foreign Trade Public Corporation shall register as prescribed by Imperial Ordinance.
The prefecture, city, town, village and those corresponding to them shall not levy local taxes on the enterprise of the Foreign Trade Public Corporation. This shall not apply where the Minister for Home Affairs and the Minister of Finance have approved under a special circumstance.
第八條 貿易公團は、臨時物資需給調整法の失効又は経済安定本部総務長官の命令によつて解散する。
Art.8. The Foreign Trade Public Corporation shall be dissolved by the nullification of Temporary Demand and Supply Adjustment Law or by the order of the Director-General of the Economic Stabilization Board.
前項に定めるものの外、貿易公團の解散に関して必要な事項は、勅令でこれを定める。
In addition to the matters referred to in the preceding paragraph, those necessary for dissolution of the Foreign Trade Public Corporation shall be prescribed by Imperial Ordinance.
第九條 貿易公團でない者は、貿易公團又はこれに類似する名称を用いることができない。
Art.9. Any person other than Foreign Trade Public Corporation shall not use the title of Foreign Trade Public Corporation or similar title in his firm name.
Art.10. The provisions of Articles 44, 50, 54 and 57 of the Civil Code and Article 35, paragraph 1 of the Non-litigant Case Procedural Law shall apply correspondingly to the Foreign Trade Pubilc Corporation.
第二章 役員及び職員
Chapter 2. Officers and Personnels
第十一條 貿易公團に、役員として理事長副理事長各一人、理事二人以上及び監事一人以上を置く。
Art.11. The respective Foreign Trade Public Corporation shall have as their officers one president, one vice-president, two or more directors and one or more auditors.
理事長は、貿易公團を代表し、第十六條の規定に基き、その業務を総理する。
The President shall represent the Foreign Trade Public Corporation and supervise its business in accordance with the provision of Art.16.
The Vice-President shall as prescribed in the Articles of Incorporation represent the Foreign Trade Public Corporation, assist the President in conducting business, act for him in case he connot take his duty, and perform his function in case his post becomes vacant.
The Director shall as prescribed in the Articles of Incorporation represent the Foreign Trade Public Corporation, assist the President and the Vice-President in control of its affairs, and act for them in case they cannot take their duties, and perform their functions in case their positions become vacant.
監事は、貿易公團の業務を監査する。
The Auditors shall inspect the business of the Foreign Trade Public Corporation.
第十二條 理事長、副理事長、理事及び監事は、主務大臣が任命する。
Art.12. The President, Vice-president, Directors and Auditors shall be appointed by the competent Minister.
Art.13. The President, Vice-president, and Directors may in accordance with the provisions of the Articles of Incorporation delegate power to personnels of the Foreign Trade Public Corporation who shall have authority to perform all juridical and nonjuridical matters in regard to the affairs of the main or subordinate offices.
Art.14. The officers and personnels shall not be permitted to be stockholders or employees or to have any beneficial interest in any company or enterprise engaged in the business relative to import and export.
第十五條 貿易公團の役員及び職員は、これを官吏その他の政府職員とする。
Art.15. The officers and the personnels of the Foreign Trade Public Corporation shall be government officials and personnels.
The ranking of the President shall be equal to that of the Director-General of the Board of Trade. The officers other than the President shall be of 1st class officials. Other personnels shall be of 1st, 2nd and 3rd class officials. The competent Minister shall fix the number of the above staff.
The officers and the personnels of the Foreign Trade Public Corporation shall be governed by all laws and ordinances relating to the government officials;provided the cases where the competent Minister will stipulate the special exception concerning the amount of salaries and other civil service rules with the approval of the Director-General of the Economic Stabilization Board may be exempted.
Art.16. The Foreign Trade Public Corporation shall perform the following business relative to import and export under the supervision of the competent Minister in accordance with the basic policy and program formulated by the Director-General of the Economic Stabilization Board:
一 輸出品の発注、買取、保管及び輸送並びに政府に対する賣渡
1. Placing order, purchase, storage, transportation and sale to the Government, of export commodities;
二 輸入品の引取、保管、輸送及び引渡
2. Taking delivery, storage, transportation and delivery of import commodities;
三 輸出入に関する原材料及び包裝材料の取得及び配分
3. Acquisition and distribution of raw materials for manufacture of export commodities and of packing materials;
四 前各号に附帶する業務
4. Business incidental to the matters provided for in the preceding items.
The business, mentioned in the preceding paragraph 3, shall be exercised only by the Foreign Trade Public Corporation for Raw. Materials except for the acquisition and distribution of imports which will be exercised by any of the other 3 Foreign Trade Public Corporations.
The Foreign Trade Public Corporation for Raw Materials shall purchase only such quantities of materials as are needed for current production or for stockpiles where authorized by the competent Minister.
Art.17. The Foreign Trade Public Corporation shall at the commencement of its functioning establish its method of doing business and submit the same to the Director-General of the Economic Stabilization Board for his approval. This shall also apply to where a change is to be made thereto.
The Director-General of the Economic Stabilization Board shall inquire of the competent Minister and the Minister of Finance, in case he gives the approval provided for by the preceding paragraph. In this case, however, the final responsibility for approval shall lie with the Director-General of the Economic Stabilization Board.
Art.18. The Foreign Trade Public Corporation shall at the beginning of each business year establish a business program and a financial program for every six months and submit the same to the Director-General of the Economic Stabilization Board for his approval. This shall also apply where a change is to be made. The Director-General of the Economic Stabilization Board shall inquire of the competent Minister and the Minister of Finance, in case he gives the approval provided for by the preceding paragraph.
In this case, however, the final responsibility for approval shall lie with the Director-General of the Economic Stabilization Board.
第四章 会計
Chapter 4. Accounting
第十九條 貿易公團の事業年度は、毎年四月から翌年三月までとし、これを前期及び後期に分ける。
Art.19. The business year of the Foreign Trade Public Corporation shall be from April each year to March of the following year, and divided into the first term and the second term.
Art.20. The Foreign Trade Public Corporation shall prepare a statement of assets, a balance sheet, and a statement of profit and loss for each term stipulated in the preceding paragraph and submit them to the Director-General of the Economic Stabilization Board for his approval within two months after the conclusion of the business year.
The Director-General of the Economic Stabilization Board shall inquire of the competent Minister and the Minister of Finance, in case he gives the approval provided for by the preceding paragraph. In this case, however, the final responsibility for approval shall lie with the Director-General of the Economic Stabilization Board.
The Foreign Trade Public Corporation shall, when it has obtained the approval of the Director-General of the Economic Stabilization Board, prescribed in paragraph 1, make a public notice of the statement of assets, balance sheet and the statement of profit and loss and keep them together with the Articles of Incorporation in each office.
The statement of assets, balance sheet and statement of profit and loss of the preceding paragraph shall be verified, audited and approved by the Board of Audit.
The Foreign Trade Public Corporation shall, when it has obtained the approval of the Director-General of the Economic Stabilization Board pay the surplus fund to the National Treasury, in accordance with the provisions of the Ordinance.
All books, documents and records of the Foreign Trade Public Corporation shall be clearly written and available for inspection by the Board of Audit, the Economic Stabilization Board and the competent Ministry.
会計檢査院は、常に適確に前項の檢査を行わなければならない。
The Board of Audit shall make a continual and accurate audit as provided for by the preceding paragraph.
Art.21. The Director-General of the Economic Stabilization Board shall direct and supervise the Foreign Trade Public Corporation in regard to the basic policy and program of import and export.
The Director-General of the Economic Stabilization Board may, when deemed necessary to secure the basic policy and program of import and export, issue for supervision a necessary order to the Foreign Trade Public Corporation through the competent Minister.
The competent Minister may, when deemed necessary, to secure appropriate execution of import and export program and procedures, issue for supervision a necessary order to the Foreign Trade Public Corporations in accordance with the basic policy and program set up or to be set up by the Director-General of the Economic stabilization Board.
The Director-General of the Economic Stabilization Board may, through the competent Minister, require the Foreign Trade Public Corporation submit reports or have an official concerned inspect a necessary place to examine the state of business, books, documents or any other necessary matters.
The competent Minister may require the Foreign Trade Public Corporation to submit reports or have an official concerned inspect a necessary place to examine the state of business, books, documents or any other necessary matters.
In case the official concerned is sent for inspection and examination in accordance with the provisions of the preceding paragraph he shall carry an identification certificate to prove his post as prescribed by orders.
Art.22. The Foreign Trade Public Corporation shall prepare rules on remuneration for its officers and personnels, when deemed necessary, to pay special payment to them, and submit them to the Director-General of the Economic Stabilization Board for his approval. This shall apply where a change is to be made thereto.
The Director-General of the Economic Stabilization Board shall inquire to the competent Minister and the Minister of Finance when he gives the approval provided for by the preceding paragraph. In this case, however, the final responsibility for approval shall lie with the Director-General of the Economic Stabilization Board.
Art.23. The competent Minister may remove an officer of the Foreign Trade Public Corporation in case he violates laws and ordinances, Articles of Incorporation or orders issued on the basis of this Law.
The Director-General of the Economic Stabilization Board may remove an officer of the Foreign Trade Public Corporation, if he considers that he is not suitable or properly carrying out his duty in connection with the objects and business of the Foreign Trade Public Corporation.
Art.24. The competent Minister may, when deemed necessary for the operation of the Foreign Trade Public Corporation order the liquidator of the Foreign Trade Associations and other organizations which perform control functions designated by Ordinance to lease any or all facilities owned by them to the Foreign Trade Public Corporation.
The competent Minister may, when deemed necessary for the operation of the Foreign Trade Public Corporation, order owners, exclusive holders or persons having custody including the Minister of Finance, of facilities required by the Foreign Trade Public Corporation to lease them to the Foreign Trade Public Corporation.
A fair and adequate rental for the use of such facilities prescribed in the preceding two paragraphs shall be determined by the Director-General of the Economic Stabilization Board based on policies established by him.
When the rental is determined in accordance with the provisions of the preceding paragraph, the Foreign Trade Public Corporation shall lease the facilities referred to in paragraphs 1 and 2 for period of time not exceeding its period of duration, prescribed in Art.8, paragraph 1, with approval of the Director-General of the Economic Stabilization Board.
The competent Minister may, when deemed necessary for the operation of the Foreign Trade Public Corporation, order the liquidator of the Designated Import snd Export Agents to hand over to the Foreign Trade Public Corporation any or all materials owned by or in possession of the Designated Import and Export Agents.
In case the order of the preceding paragraph is issued, the Foreign Trade Public Corporation shall pay fair compensations to the parties concerned within one month of the materials, referred to in the preceding paragraph, being taken over by the Foreign Trade Public Corporation.
The competent Minister shall not issue the order of paragraph 5, unless necessary provisions are made for compensation of the preceding paragraph with the approval of the Director-General of the Economic Stabilization Board.
The competent Minister shall be responsible to have the Foreign Trade Public Corporation arrange for care, and when deemed necessary, for insurance of all facilities leased by it.
The competent Minister may order the Foreign Trade Public Corporation or other parties concerned including any Minister, to make prompt arrangement for execution of the preceding paragraphs.
Art.25. Those who violate the provisions prescribed in paragraphs 1, 2 or 5 of the preceding Article shall be liable to penal servitude not exceeding five years or a fine not exceeding\50,000.
Art.26. Officers or personnels of the Foreign Trade Public Corporation who commit an act contrary to one of the following items shall be liable to penal servitude not exceeding five years on a fine not exceeding\50,000:
一 第十六條に規定しない業務を行つた場合
1. Those who perform business which is not prescribed in Art.16.
2. Those who violate an order relative to supervision of the Director-General of the Economic Stabilization Board or the competent Minister, prescribed in Art.21, paragraph 2 or 3.
Art.27. All persons who fail to report as required under this Law or submit a falsified report or refuse, interfere or evade inspections, shall be liable to penal servitude not exceeding one year or a fine not exceeding\10,000.
第二十八條 前三條の罪を犯した者には、情状に因り、懲役及び罰金を併科することができる。
Art.28. Those who have committed offences provided for in Articles 25, 26 and 27, shall be liable to both a penal servitude and a fine, in case deemed necessary from the circumstances.
In case a representative of a juridical person or an agent, employee or any other person engaged by juridical person or a person commits the violation mentioned in Art.25 with regard to the business of the respective juridical person or the person, the respective juridical person or the person shall be liable to a fine of the Article 25, in addition that the offender shall be punished.
Art.29. Those who used the name of the Foreign Trade Public Corporation or a similar name in violation of the provision of Art.9 shall be liable to a fine not exceeding\10,000.
附 則
Supplementary Provisions:
第三十條 この法律施行の期日は、勅令で、これを定める。
Art.30. The date of the enforcement of this Law shall be set forth by an Imperial Ordenance.
第三十一條 主務大臣は、第二十四條第一項の團体の財產又は債務を貿易公團に引き継がせることができる。
Art.31. The competent Minister may have the Foreign Trade Public Corporation transfer the assets or liabilities of the designated agencies prescribed in the Art.24, paragraph 1, to the Foreign Trade Public Corporation.
主務大臣は、前項の措置をなすときには、大藏大臣にはからなければならない。
The competent Minister shall inquire of the Minister of Finance in case he takes the step prescribed in the preceding paragragh.
第三十二條 貿易公團が成立したときには、第二十四條第一項の團体は、解散する。
Art.32. The Designated agencies prescribed in Art.24, paragraph 1 shall be dissolved upon the establishment of the Foreign Trade Public Corporation.
前項の規定による團体の清算は、昭和二十三年四月一日までに結了せしめるものとする。
The liquidation of the Designated Import and Export Agents prescribed in the preceding paragraph is to be finished by April 1, 1948.
第三十三條 政府は、設立委員を命じて、貿易公團の設立に関する事務を処理させる。
Art.33. The Government shall appoint an organizing committee to take charge of works relative to the establishment of Foreign Trade Public Corporation.
Art.34. The organizing committee shall prepare Articles of Incorporation and obtain the approval of the competent Minister and the Director-General of the Economic Stabilization Board.
前項の認可があつたときには、設立委員は、遅滯なく基本金の拂込を請求しなければならない。
The organizing committee shall, when the approval referred to in the preceding paragraph has been given, demand payment of the authorized fixed capital without delay.
Art.35. The organizing committee, when payment of the authorized fixed capital has been made, shall transfer its work to the President of the Foreign Trade Public Corporation without delay.
When the President has taken over the work referred to in the preceding paragraph, all of the President, Vice-president, Directors and Auditors shall effect the registration of the establishment without delay.
貿易公團は、設立の登記をすることによつて成立する。
The Foreign Trade Public Corporation shall come into being upon the registration of the establishment.
Art.36. The present Law shall be annulled upon the nullification of the Temporary Demand and Supply Adjustment Law;provided that the present Law shall be valid after the abovementioned dissolution with regard to application of penal clauses to acts done by that time and to the liquidation of the Foreign Trade Public Corporations.
第三十七條 貿易資金特別会計法の一部を次のように改正する。
Art.37. A part of the Foreign Trade Fund Special Account Law shall be amended as follows;
In Art.2, paragraph 1, "and \950,000,000 transferred from the General Account" is added after "Foreign Trade Fund set up by the provision of Article 2 of Law No.53, 19.45."