Law concerning the Delivery to the Allied Occupation Forces of Bullion of Precious Metals to be Substituted for the Precious Metals, etc. released from the Custoday of the Allied Occupation Forces
法令番号: 法律第119号
公布年月日: 昭和23年7月10日
法令の形式: 法律
I hereby promulgate the Law concerning the Delivery to the Allied Occupation Forces of Bullion of Precious Metals to be substituted for the Precious Metals, etc. released from the Custody of the Allied Occupation Forces.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the seventh month of the twenty-third year of showa (July 10, 1948)
Prime Minister ASHIDA Hitoshi
Law No.119
Law concerning the Delivery to the Allied Occupation Forces of Bullion of Precious Metals to be Substituted for the Precious Metals, etc. released from the Custoday of the Allied Occupation Forces
(Delivery of the Bullion of Precious Metals).
Art.1. In cases, when the bullion, alloy or finished products of precious metals (gold, silver, platinum, ruthenium, rhodium, palladium, osmium, iridium and iridosmin;hereinafter to be the same) and/or the precious stones designated by the Minister of Finance (hereinafter to be called the precious metals, etc.) were released from the custody of the Allied Occupation Forces and the Japanese Government must, by order of the Supreme Commander for the Allied Powers, deliver to the Allied Occupation Forces, bullion of precious metals in substitution for these objects, the Minister of Finance may deliver to the Allied Occupation Forces bullion of precious metals held for operation of the Gold Funds pursuant to the provisions of Paragraph 1, Article 4 of the Gold Funds Special Account Law (Law No.61 of 1937).
(Obligation of Payment of the Beneficiaries).
Art 2. When the Minister of Finance has delivered the bullion of precious metals to the Allied Occupation Forces pursuant to the provisions of the preceding Article, those who have receival the release of the precious metals, etc. as prescribed in the same Article (hereinafter to be called the beneficiaries) shall pay the amount corresponding to the value of the delivered bullion of precious metals into the national treasury.
2. As regards the managemnent in the National Treasury of the amount paid in under the provisions of the preceding paragraph, it shall follow the examples in the case where the bullion of precious metals held for operation of the Gold Funds has been sold.
3. The Minister of Finance shall notify the beneficiaries of the description and quantity of the delivered bullion of precious metals and any other necessary informations, when he has delivered bullion of precious metals pursuant to the provisions of the preceding Article.
4. The term for payment in cases where the beneficiaries pay into the national treasury pursuant to the provisions of Paragraph 1 shall be thirty (30) days from the day on which the Minister of Finance has given the notice under the preceding paragraph;provided, however, that there are special reasons to make the payment within the said term difficult, the Minister of Finance can, upon petition by the beneficiaries, fix the term for payment, of the amount of which payment is difficult, within period of six (6) months from the day on which he has given the notice.
5. The amount to be paid pursuant to the provisions of Paragraph 1 may be collected in accordance with the procedures of disposition for recovery of national taxes in arrear. In this case, the preference shall be next to the national taxes.
(How to compute the Amount to be paid).
Art.3. The amount to be paid pursuant to the provisions of Paragraph 1 of the preceding Article shall be the amount computed upon the controlled price at the date of the said release of the bullion of precious metals that the Minister of Finance has delivered pursuant to the provisions of Article 1;provided, however, that the circumstances will make it improper to follow the aforsaid amount, the Minister of Finance can change it to the amount computed upon the controlled prices of the released precious metals, etc. at the said date.
(Adjustment of Relations to the Beneficiaries).
Art.4. When the beneficiaries have paid into the national treasury whole or a part of the amount to be paid under the provisions of Paragraph 1, Article 2, it shall be assumed that whole or a part of the bullion of precious metals which the Minister of Finance has delivered to the Allied Occupation Forces pursuant to the provisions of Article 1 has, in proportion to the amount paid, been sold to the said beneficiaries from the Gold Funds and delivered by the said beneficiaries to the Allied Occupation Forces.
(Dealing with Inheritors of the Beneficiaries).
Art.5. In cases, where the beneficiaries have died or extinguished through dissolution before the Minister of Finance delivers bullion of precious metals to the Allied Occupation Forces pursuant to the provisions of Article 1, those who have inherited the rights and obligations of the said beneficiaries shall be deemed to be the beneficiaries in applying the provisions of the preceding three Articles.
2. When there are two or more of those who inherit the rights and obligations in the case under the preceding paragraph, the said inheritors shall take joint responsibility in payment under the provisions of Paragraph 1, Article 2.
Supplementary Provisions:
Art.6. The present Law shall come into force as from the day of its promulgation.
Art 7. The Ordinance concerning the Delivery of Bullion of Precious Metals in substitution for the Precious Metals, etc. released from the Custody of the Allied Occupation Forces (Ministry of Finance Ordinance No.21 of 1948:hereinafter to be called the old Ordinance) pursuant to the Imperial Ordinance No.542 of 1945, relating to the Orders to be issued in consequence of the Acceptance of the Potsdam Declaration shall be abolished.
2 The delivery of bullion of precious metals to the Allied Occupation Forces made by the Minister of Finance pursuant to the provisions of Item 1 of the former Ordinance prior to the enforcement of the present Law shall be construed as having been effected pursuant to the provisions of Article 1.
3. The provisions of Article 5 shall be applicable with necessary modification to the cases when the Minister of Finance has delivered the bullion of precious metals to the Allied Occupation Forces pursuant to the provisions of Item 1 of the former Ordinance and the beneficiaries have died or extinguished through dissolution during the period from the delivery in the preceding paragraph to the enforcement of the present Law.
4. The provisions of Article 5 to Article 5 inclusive and the foregoing paragraph shall apply mutatis mutandis to such cases where the Minister of Finance has delivered bullion of precious metals to the Allied Occupation Forces in cases where authorization of the Minister of Finance under the Imperial Ordinance concerning Control of Transactions, etc. of Gold, Silver and Platinum, etc.(Imperial Ordinance No.577 of 1945) has been granted prior to the enforcement of the present Law, pursuant to the provisions of Item 2 of the former Ordinance;provided, however, in these cases, "those who have received the release of the precious metals, etc." as used in Article 2 shall read "those who have been given authorization with respect to use of bullion or alloy of precious metals," and "the controlled price at the date of the said release" as used in Article 3 shall read "the controlled price at the date of the said authorization."
Minister of Finance KITAMURA Tokutaro
Prime Minister ASHIDA Hitoshi