THE FOREIGN TRADE PUBLIC CORPORATION LAW
法令番号: 法律第58号
公布年月日: 昭和22年4月15日
法令の形式: 法律

審議経過

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.
Signed:HIROHITO, Seal of the Emperor
This fourteenth day of the fourth month of the twenty-second year of Showa (April 14, 1947)
Countersigned: Prime Minister　YOSHIDA Shigeru
Minister for Home Affairs　UEHARA Etsujiro
Minister of Finance　ISHIBASHI Tanzan
Minister of Commerce and Industry　ISHII Mitsujiro
Law No.58
THE FOREIGN TRADE PUBLIC CORPORATION LAW
Chapter 1. General Provisions
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.
The Foreign Trade Public Corporation shall be a juridical person.
Art.2.　There shall be following Foreign Trade Public Corporation:
The Foreign Trade Public Corporation for Minerals and Industrial Products
The Foreign Trade Public Corporation for Textiles
The Foreign Trade Public Corporation for Foodstuff
The Foreign Trade Public Corporation for Raw Materials
Items to be handled by the respective Foreign Trade Public Corporation provided for in the preceding paragraph shall be designated by Ordinances.
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.
Art.4.　The authorized fixed capitals of the respective Foreign Trade Public Corporation shall be as follows:
The Foreign Trade Public Corporation for Minerals and Industrial Products　\15,000,000
The Foreign Trade Public Corporation for Textiles　30,000,000
The Foreign Trade Public Corporation for Foodstuff　15,000,000
The Foreign Trade Public Corporation for Raw Materials　20,000,000
The fixed capitals referred to in the preceding paragraph shall be subscribed exclusively by the Government.
The working capitals of the respective Foreign Trade Public Corporation shall be obtained by loan when necessary from the Foreign Trade Fund.
Art.5.　The respective Foreign Trade Public Corporation shall stipulate the following matters in their Articles of Incorporation:
1.　Object
2.　Name
3.　Location of office
4.　Matters relative to capital
5.　Matters relative to officers
6.　Matters relative to business and its execution
7.　Matters relative to accounting
8.　Matters relative to public notice
The Articles of Incorporation may be revised with the approval of the competent Minister and the Director-General of the Economic Stabilization Board.
Art.6.　The Foreign Trade Public Corporation shall register as prescribed by Imperial Ordinance.
The matters required to be registered as prescribed in the preceding paragraph shall not be valid against a third person unless they are registered.
Art.7.　The Foreign Trade Public Corporation shall not be levied income tax and corporation tax.
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.
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.
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.
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.
Chapter 2. Officers and Personnels
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.
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.
The Auditors shall inspect the business of the Foreign Trade Public Corporation.
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.
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.
Chapter 3. Business
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:
1.　Placing order, purchase, storage, transportation and sale to the Government, of export commodities;
2.　Taking delivery, storage, transportation and delivery of import commodities;
3.　Acquisition and distribution of raw materials for manufacture of export commodities and of packing materials;
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.
Chapter 4. Accounting
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.
The Board of Audit shall make a continual and accurate audit as provided for by the preceding paragraph.
Chapter 5. Supervision and Fostering
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.
Chapter 6. Penalties
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:
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.
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.
Supplementary Provisions:
Art.30.　The date of the enforcement of this Law shall be set forth by an Imperial Ordenance.
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.
The competent Minister shall inquire of the Minister of Finance in case he takes the step prescribed in the preceding paragragh.
Art.32.　The Designated agencies prescribed in Art.24, paragraph 1 shall be dissolved upon the establishment of the Foreign Trade Public Corporation.
The liquidation of the Designated Import and Export Agents prescribed in the preceding paragraph is to be finished by April 1, 1948.
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.
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.
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.
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."