Article I. Removal and exclusion from public service of undesirable personnel in pursuance of the Memorandum of the Supreme Commander for the Allied Powers dated 4 January 1946 on the removal and exclusion of undesirable personnel from public office (including extensions of scope and criteria of screening as supplemented thereafter in the form of additional interpretations of the Memorandum: called the Memorandum hereafter) shall be dealt with in accordance with the provisions of this Ordinance.
Article II. The term "public service" as used in this Ordinance shall mean and include positions of members of Imperial Diet, personnel of the national government entity, assembly members and personnel of the local public organizations (including To, Do, Fu, Ken, Shi, Ku, Machi, Mura and Cho-Son Kumiai), and positions of specific personnel of specific companies, associations, mass communication media and other organizations, and shall be classified into the principal public office and the ordinary public office.
The "principal public office" and the "ordinary public office" shall be defined by the Prime Minister.
Article III. Any person who falls under the provisions of Appendix "A" to the Memorandum, in case he holds any principal public office, shall and, in case he holds any ordinary public office, may be removed therefrom.
Any person, holding any position in the public service, who has been designated as falling under the provisions of the Memorandum (called the person who falls under the Memorandum hereafter) shall, in case he does not retire from the position within twenty days from the day of the designation or the day of designation of positions as the public service, forfeit, regardless of the provisions of other laws and ordinances, his position automatically on the twenty-first day from the said day. However, the Prime Minister or the prefectural governor (including governors of To, Do, Fu and Ken; ditto hereafter), in case he deems it specifically necessary, may approve the person to stay at his position till the thirtieth day from the said day.
Any person who falls under the Memorandum shall be excluded thereafter from any position in the public service.
When it is impossible to obtain a suitable replacement, person who falls under the Memorandum may, in spite of the provisions of the preceding three paragraphs, be temporarily retained or reinstated in the principal or ordinary public office in accordance with the rule laid down by the Prime Minister.
Any person falling under the Memorandum whose temporary retention or reinstatement has been approved under the provisions of the preceding paragraph shall be defined, for the term of his approved retention or reinstatement and in connection with his approved position, not to be a person who falls under the Memorandum.
Article IV. The designation of a person as a person who falls under the Memorandum shall be effected, according to classification of public offices laid down by the Prime Minister, by the Prime Minister or by the prefectural governor in accordance with the result of examination by the Public Office Qualifications Examination Committee.
Article V. Any person who receives at present or who is entitled to receive any public or private pensions, annuities or other emoluments or benefits, in case he is designated as a person who falls under the Memorandum and accordingly retires from or forfeits his position, shall be deprived of such right or title since the date of the designation.
With reference to the person provided in the preceding paragraph the Prime Minister, when he deems it justified owing to special circumstances, may exempt the application of the provisions of the preceding paragraph in accordance with a rule to be laid down by the Prime Minister.
Article VI. Any person who falls under the Memorandum shall be disqualified from filing his candidacy for any elective position in the public service.
Any candidate for any elective position in the public service, when designated under the provisions of Article IV, shall be deemed to have withdrawn his candidacy.
Article VII. In connection with designation provided in Article IV, the Prime Minister or the prefectural governor shall collect the questionnaire prescribed by the Prime Minister.
The questionnaire collected under the preceding paragraph shall be forwarded immediately to the Public Office Qualifications Examination Committee concerned.
The Prime Minister or the prefectural governor, at the request of the Public Office Qualifications Examination Committee concerned, may cause persons who are concerned to present materials or to give explanations of facts to the Committee.
Article VIII. The prefectural governor, in compiling the list of coopting persons under Article XXXIX of the Rules for Cooptation of the High Tax Payer members of the House of Peers, shall cause wouldbe. coopting person to present a duplicate of certificate of eligibility to certify that he is not a person who falls under the Memorandum.
The provisions of the preceding paragraph shall apply correspondingly to the election of the count, viscount and baron members of the House of Peers and of Imperial Academy members of the House of Peers. In that case, however, the "prefectural governor" shall, when pertaining to the count, viscount and baron members of the House of Peers, read "President of Peerage Bureau" and, when pertaining to the Imperial Academy members of the House of Peers, read "President of the Imperial Academy."
When a notification of candidacy or a notification of recommendation for a candidate is required for running for election for elective position in the public service, any person who desires to file the notification or the notification of recommendation shall present, attached thereto, to the presiding officer of election or an official corresponding to the above a duplicate of certificate of eligibility to certify that the candidate is not a person who falls under the Memorandum.
The certificate of eligibility prescribed in the preceding three paragraphs shall be issued, in accordance with the rule laid down by the Prime Minister, by the Prime Minister or by the prefectural governor according to the result of examination conducted by the Public Office Qualifications Examination Committee on the questionnaire submitted by the person in question.
Article IX. The Prime Minister or the prefectural governor, when he designates a person as falling under the Memorandum or issues the certificate of eligibility in accordance with result of the examination conducted by the Public Office Qualifications Examination Committee shall publish it immediately.
Article X. Any person who is a relative within the third degree by blood, marriage or adoption of any person who falls under the Memorandum shall be ineligible, for a period of ten years from the day of the designation, to succeed or to be appointed to any position or positions in the public service from which the latter has been removed as falling under the Memorandum (including position in connection with which a person be designated as falling under the Memorandum after his retirement therefrom and any principal public office from which the latter has been barred specifically) and, further, to exercise any of the power of the latter.
However the provisions of the preceding paragraph shall not be applied to any elective position in the public service.
Article XI. Any person in the public service shall neither establish nor maintain, in connection with his handling of official affairs or political activities, the continuity of influence of a person falling under the Memorandum on behalf of the latter by receiving instruction, advice or compensation from or communicating in any means with the latter.
Any person in the public service, when prosecuted pertaining to violation of the provisions of the preceding paragraph, shall not, regardless of the provisions of other Laws and Ordinances, carry out his official activities. In that case, when he holds position regarding which "temporary retirement or suspension from the office" is provided by Law or Ordinance, he shall be defined to have temporarily retired or to have been suspended from his office at the date of the prosecution.
Article XII. Any person falling under the Memorandum shall not cause a person in the public service, in connection with handling of official affairs or political activities of the latter, to establish or maintain, on behalf of him, the continuity of his influence by giving instruction, advice or compensation to or by communicating in any means with the latter.
Article XIII. Any person who has been removed from the public service as falling under the Memorandum shall neither make entry into nor retain or set up his dwelling or office in the place of business of government entity, company or other organization from which he was removed or the place in the same premises which is under management of such organization. However the provisions above shall not be applied to such entry as may be necessitated by his conduct of his private life or as to be established legally.
Article XIV. Any person who falls under the Memorandum who holds any position in an executive, staff or other capacity, in addition to those designated as public office, in any newspaper company, magazine or other publishing company, broadcasting corporation, company producing motion picture or in any other media of mass communication shall retire therefrom without delay.
Any person who falls under the Memorandum shall be excluded from any position prescribed in the preceding paragraph.
Article XV. Any person who comes under any one of headings below shall be liable to penal servitude or imprisonment for not exceeding three years or to a fine of not exceeding 15,000 yen:
(1) Any person who has made false entries or entries lacking full and complete disclosure on relevant or material matters in the questionnaire prescribed in Article VII, paragraph 1;
(2) Any person who has been asked for presentation of the questionnaire prescribed in Article VII, paragraph 1, but failed to do so;
(3) Any person who has been asked for presentation of materials or explanation of facts under the provisions of Article VII, paragraph 3, but failed to do so or presented false materials or explanations, or materials or explanations lacking full and complete disclosure on relevant or material matters;
(4) Any person who has committed wrongful act in connection with presentation of duplicate of the certificate of eligibility under the provisions of paragraphs 1 to 3 of Article VIII;
(5) Any person who has made false entries or entries lacking full and complete disclosure in a report to be submitted to the Supreme Commander for the Allied Powers in pursuance of the provisions of the Memorandum;
(6) Any person who has violated the provisions of Article XI, paragraph 1, Article XII, XIII or the preceding Article.
Any person who has been sentenced to penalties provided in the preceding paragraph who does not fall under the Memeorandum shall be removed, in addition to cases provided in other laws or ordinances, from any position in the public service which he occupies and be excluded thereafter from any position in the public service.
Any person coming under the preceding paragraph shall be ineligible for any elective position in the public service. Concerning a person who has filed his candidacy already he shall be defined to have withdrawn his candidacy.