Ministry of Foreign Affairs Establishment Law
法令番号: 法律第135号
公布年月日: 昭和24年5月31日
法令の形式: 法律
I hereby promulgate the Ministry of Foreign Affairs Establishment Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-fourth year of Showa (May 31, 1949)
Prime Minister YOSHIDA Shigeru
Law No.135
Ministry of Foreign Affairs Establishment Law
Contents
Chapter I. General Provisions(Articles 1-4)
Chapter II. Ministry Proper
Section 1. Internal Subdivisions(Articles 5-11)
Section 2. Auxiliary Organs(Articles 12-14)
Section 3. Local Branch Offices(Articles 15-19)
Chapter III. Diplomatic and Consular Establishments Abroad(Articles 20-22)
Chapter IV. Personnel(Articles 23, 24)
Supplementary Provisions
Chapter I. General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to define clearly the scope of responsibilities and the powers of the Ministry of Foreign Affairs and to provide an organization fit for the efficient conduct of the administrative affairs under the jurisdiction of the Ministry.
(Establishment)
Article 2. The Ministry of Foreign Affairs is hereby established under the provisions of Article 3 paragraph 2 of the National Government Organization Law (Law No.120 of 1948).
2 The Ministry of Foreign Affairs shall be headed by the Minister for Foreign Affairs.
(Mission of the Ministry of Foreign Affairs)
Article 3. The Ministry of Foreign Affairs shall be the Government organ responsible for the integrated administration of the following affairs of the National Government:
(1) Planning, formulation and execution of foreign policies;
(2) Protection and promotion of interests relating to foreign commerce and navigation;
(3) Dispatch and reception of Diplomatic Representatives and Consular Officers;
(4) Conclusion of treaties and other international agreements;
(5) Participation in international organizations and conferences and promotion of international cooperation;
(6) Research concerning foreign countries;
(7) Promotion of international understanding through the dissemination of information and knowledge relating to conditions at home and abroad, and through the development of educational, scientific and cultural relations with other countries;
(8) Protection of Japanese nationals abroad and arrangement for foreign travels and emigration;
(9) Liaison with Allied Authorities and over-all coordination of such affairs of various administrative agencies as are relating thereto;
(10) Disposal and over-all administration of matters relating to foreign affairs, ether than those mentioned under the preceding items.
(Powers of the Ministry of Foreign Affairs)
Article 4. For the purpose of carrying out the responsibilities provided for in this Law, the Ministry of Foreign Affairs shall have the powers as listed below. Such powers shall, however, be exercised in accordance with treaties, the established laws of nations, and domestic laws (including orders issued thereunder):
(1) To make within the limits of budgetary appropriations those acts pertaining to expenditures necessary for carrying out its responsibilities;
(2) To collect revenues and make payments necessary for carrying out its responsibities;
(3) To establish and maintain offices and other facilities directly required for carrying out its responsibilities;
(4) To procure office supplies and other materials directly required for the carrying out of its responsibilities;
(5) To dispose of unnecessary property;
(6) To administer personnel affairs, including appointment, dismissal, awards and discipline;
(7) To establish and maintain facilities required for the welfare and health of personnel;
(8) To establish and maintain housing to be rented to personnel;
(9) To distribute or publish documents, research data and statistics concerning the affairs under its jurisdiction;
(10) To inspect the affairs under its jurisdiction and to take such measures as may be required in accordance with the provisions of laws or orders;
(11) To adopt the official seals of the Ministry of Foreign Affairs;
(12) To negotiate with foreign Governments and to participate in international organizations and conferences representing the Japanese Government;
(13) To prepare and deliver the full powers, the credentials and letters of recall of Ambassadors and Ministers, and the letters of commission of Consuls and Honorary Consuls;
(14) To accept the full powers of foreign diplomatic representatives, the credentials and letters of recall of Ambassadors and Ministers of foreign countries, and the letters of commission of foreign Consuls and Honorary Consuls, ann to prepare and deliver the exequaturs of foreign Consuls;
(15) To conclude, interpret and execute treaties and other international agreements and to dispose of legal matters concerning foreign relations;
(16) To negotiate with foreign authorities or to render assistance in commercial transactions for the purpose of protecting and promoting interest in commerce and navigation;
(17) To negotiate with foreign authorities, to conciliate or mediate civil cases which have arisen between Japanese nationals or between Japanese and foreign nationals, or to accept and register reports filed in connection with personal status, for the purpose of protecting the person and property of Japanese nationals abroad;
(18) To assist and protect and to take other necessary actions in connection with the foreign travels and emigration of Japanese nationals;
(19) To issue and visa passports;
(20) To administer affairs concerning the treatment of foreign nationals, etc. residing in Japan;
(21) To certify documents issued by Japanese or foreign authorities with regard to matters of personal status or other facts having relations to Japan and a foreign country;
(22) To release to the public, matters concerning foreign relations;
(23) To make recommendation with regard to the award of honors to foreigners and to Japanese nationals residing in foreign countries;
(24) To give permission or approval to incorporated associations or incorporated foundations under the jurisdiction of the Ministry of Foreign Affairs;
(25) To take necessary actions with regard to the liquidation of public and private Japanese property and liabilities. enterprises and other establishments in Korea, Formosa, Saghalien, Kwantung Province, the South Sea Islands and other areas;
(26) To administer affairs concerning the repataiation of Japanese nationals;
(27) To request organs of the National Government or of the local public bodies to make investigation and report and to submit data necessary in executing the responsibilities of the Ministry;
(28) In addition to those listed in the preceding items, such powers as are placed under the Ministry of Foreign Affairs by law (including orders issued thereunder) or necessary for implementing treaties or the established laws of nations.
Chapter II. Ministry Proper
Section 1. Internal Subdivisions
(Internal Subdivisions)
Article 5. The Ministry proper shall have the Minister's Secretariat and the following five bureaus:
Political Affairs Bureau
Treaties Bureau
Research Bureau
Controls Bureau
Liaison Bureau
2 The Political Affairs Bureau shall have a Public Information Division.
(Functions of Minister's Secretariat)
Article 6 The Minister's Secretariat shall, in connection with the responsibilities of the Ministry of Foreign Affairs, take charge of the following affairs:
(1) Confidential matters;
(2) Classification, appointment and dismissal of personnel, their status, disciplinary punishment performance of duty aud other personnel affairs;also, their refinement and training;
(3) Custody of the Minister's and the Ministry's official seals;
(4) Certification of documents;
(5) Receipt, dispatch, compilation and custody of official documents (excluding correspondence with Allied Authorities) and telegrams;
(6) Custody of the texts of treaties and other diplomatic dscuments;
(7) Compilation of historical data on foreign relations;
(8) Translation;
(9) Budget estimates for expenditures and revenues, settlement of accounts, accounts and account audit;
(10) Control of state properties;
(11) Health, medical treatment and other welfare measures for personnel;
(12) Custody of books and compilation of statistics;
(13) Dispatch and reception of Diplomatic Representatives and Consular Officers and other affairs concerning protocol;
(14) Intermediation of awarding of honors to foreign nationals and of receiving foreign orders of merit or medals for Japanese nationals.
(Functions of the Political Affairs Bureau)
Article 7. The Polical Affairs Bureau shall take charge of the following affairs:
(1) Disposal of political affairs concerning foreign countries;
(2) Protection and promotion of interests relating to foreign commerce and navigation;
(3) Cooperation with international economic organizations and matters concerning treaties of commerce and navigation and other commercial and economic agreement;
(4) Survey of the international economic condition and compilation of statistics and collection of data concerning international economy;
(5) Promotion of educational, scientific and cultural intercourse with various countries and cooperation with international cultural organizations;
(6) Japanese and foreign press reports, announcement on foreign relations, dissemination of information and knowledge on the international situation;
(7) Collection and study of documents and records concerning the occupation and control of Japan by the Allied Powers;
(8) Examination of draft bills and orders;
(9) Inspection of administration under the Ministry;
(10) Over-all Coordination concerning administration under the Ministry;
(11) In addition to the affairs listed in the preceding items, such responsibilities of the Ministry of Foreign Affairs as are not in the charge of other bureaus.
2 The Public Information Division shall take charge of the affairs listed in items (5) and (6) of the preceding paragraph.
(Function of the Treaties Bureau)
Article 8. The Treaties Bureau shall take charge of the following affairs:
(1) Conclusion of treaties and other international agreements;
(2) Matters of international law and legal matters concerning foreign relations;
(3) Participation in international organs and conferences and matters of international administration.
(Functions of the Research Bureau)
Article 9. The Research Bureau shall take charge of the following affairs:
(1) Research concerning the trend of international relations and the activities of international organis;
(2) Research concerning political and economic situations and foreign relations of various countries;
(3) Collection and filing of data concerning the affairs listed in the preceding two items.
(Functions of the Controls Bureau)
Article 10, The Controls Bureau shall take charge of the following affairs:
(1) Protection of the person and property of Japanese nationals abroad and matters of their personal status;
(2) Foreign travels and emigration;
(3) Issue and visa of passports;
(4) Matters concerning the treatment and repatriation of foreign nationals, etc. residing in Japan;
(5) Settlement of matters relating to Korea, Formosa, Saghalien, Kwantung Province, the South Sea Islands and other areas;
(6) Matters concerning public and private Japanese property, liabilities and enterprises (including closed institutions);
(7) Repatriation of Japanese nationals.
(Functions of the Liaison Bureau)
Article 11. The Liaison Bureau shall take charge of the following affairs:
(1) Correspondence and other matters of liaison with Allied Authorities;
(2) Coordination of such affairs of various administrative agencies as are relating to liaison with Allied Authorities;
(3) Investigation and report as demand by Allied Authorities;
(4) Matters concerning trials by military courts of the Allied Powers;
(5) Matters concerning Liaison and Coordination Offices.
Section 2. Auxiliary Organs
(Auxiliary Organs)
Article 12. The Ministry proper shall have the following auxiliary organs:
Foreign Services Training Institute
Central Liaison Council
(Foreign Service Training Institute)
Article 13. The Foreign Service Training Institute shall be an organ which provides personnel of the Ministry of Foreign Affairs with necessary training for service as diplomatic or consular officials.
2 The Foreign Service Training Institute shall be established in Tokyo-to.
3 The Foreign Service Training Institute shall be headed by a Director.
4 The Director shall administer the affairs of the Institute.
5 Aside from provisions of the preceding items, necessary matters concerning the Foreign Service Training Institute shall be provided for by Ministry of Foreign Affairs Ordinance.
(Central Liaison Council)
Article 14. The Central Liaison Council shall be an organ for the consultation of the various administrative agencies concerned for the purpose of maintaining close contact with regard to their affairs relating to liaison with Allied Authorities.
2 The organization, responsibilities, members and other personnel of the Central Liaison Council shall be provided for by Cabinet Order.
Section 3. Local Branch Offices
(Local Branch Offices)
Article 15. The Ministry proper shall have Liaison and Coordination Offices as its local branch offices.
(Pesponsibilites)
Article 16. The Liaison and Coordination Offices shall take charge of a part of the responsibilited of the Ministry proper as follows:
(1) Affairs listed in items 1 to 4 of Article 11;
(2) Collection of documents and records concerning the occupation and control of Japan by the Allied Powers;
(3) Investigation concerning repatriation, and matters concerning the issue of passports;
(4) Dissemination of knowledge on the international situation, etc.
2 In addition to the affairs mentioned in the preceding paragraph, the Liaison and Coordination Offices shall take charge of a part of the affairs under the jurisdiction of the Reparations Agency.
3 The heads of the Liaison and Coordination Offices shall be subject to the direction and supervision of the Director of the Reparations Agency with regard to the affairs mentioned in the preceding paragraph.
(Names, Locations and Areas of Jurisdiction)
Article 17. The Names of Liaison and Coordination Offices and their locations shall be as listed below, and their areas of jurisdiction shall as a rule conform to those of the Allied Authorities corresponding to the respective Liaison and Coordination Offices:
Name
Location
Yokohama Liaison and Coordination Office
Yokohama City
Hokkaido Liaison and Coordination Office
Sapporo City
Tohoku Liaison and Coordination Office
Sendai City
Yokosuka Liaison and Coordination Office
Yokosuka City
Tokai-Hokuriku Liaison and Coordination Office
Nagoya City
Kyoto Liaison and Coordination Office
Kyoto City
Kinki Liaison and Coordination Office
Osaka City
Kobe Liaison and Coordination Office
Kobe City
Chugoku Liaison and Coordination Office
Kure City
Shikoku Liaison and Coordination Office
Takamatsu City
Kyushu Liaison and Coordination Office
Fukuoka City
(Internal Subdivisions)
Article 18. A Liaison and Coordination Office may, if necessary, set up not more than three division as provided for by Ministry of Foreign Affairs Ordinance.
(Auxiliary Organ)
Article 19. A Liaison and Coordination Office may set up a Local Liaison Council as its auxiliary organ.
2 The Local Liaison Council shall be an organ for the consultation of the various administrative agencies concerned for the purpose of maintaing close contact with regard to their affairs relating to liaison with the Allied Authorities corresponding to the respective Liaison and Coordination Office.
3 The organization, responsibilities, members and other personnel of the auxiliary organ mentioned in the preceding paragraph shall be provided for by Cabinet Order.
Chapter III. Diplomatic and Consular Establishments Abroad
(Diplomatic and Consular Establishments Abroad)
Article 20. The diplomatic and consular establishments abroad shall be under the control of the Minister for Foreign Affairs, carry out in foreign countries the responsibilities of the Ministry proper and exercise their powers in accordance with treaties, the established laws of nations and domestic laws (including orders issued thereunder).
Article 21. The appointment and dismissal of an Ambassador Extraordinary and Plenipotentiary and an Envoy Extraordinary and Minister Plenipotentiary shall require the attestation of the Emperor.
Article 22. In addition to the provisions of the preceding two Article, the laws and orders existing heretofore shall be applicable to the diplomatic and consular establishments abroad, unless otherwise provided for by law or Cabinet Order.
Chapter IV. Personnel
(Personnel)
Article 23. With respect to appointment, dismissal, promotion, disciplinary punishment and other matters concerning personnel administration of the Ministry of Foreign Affairs, the provisions of the National Public Service Law (Law No.120 of 1947) shall apply.
(Fixed Number)
Article 24. The fixed number of personnel for the Ministry of Foreign Affairs shall be provided for by Law separately.
Supplementary Provisions:
1. This Law shall come into force as from June 1, 1949.
2. The following Imperial Ordinances and Law shall be abolished. However, unless otherwise provided for by law (including orders issued thereunder), the organs existing heretofore and personnel thereof shall become the corresponding organs and personnel under this Law and shall retain their respective identities:
Regulations governing the Organization of the Ministry of Foreign Affairs (Imperial Ordinance No.258 of 1898)
Temporary Appointment of Diplomatic Advisers to the Ministry of Foreign Affairs(Imperial Ordinance No.632 of 1938)
Liaison and Coordination Office Temporary Establishment Law (Law No.4 of 1948)
Enforcement Order for Liaison and Coordination Temporary Establish Law (Cabinet Order No.22 of 1948)
3. The provisions of the proviso to the preceding paragraph shall not affect the application of the provisions of the law concerning the fixed number of personnel.
Minister for Foreign Affairs YOSHIDA Shigeru
Prime Minister YOSHIDA Shigeru