Foreign Exchange Special Account Law
法令番号: 法律第227号
公布年月日: 昭和24年12月1日
法令の形式: 法律
I hereby promulgate the Foreign Exchange Special Account Law.
Signed:HIROHITO, Seal of the Emperor
This first day of the twelfth month of the twenty-fourth year of Showa (December 1, 1949)
Prime Minister YOSHIDA Shigeru
Law No.227
Foreign Exchange Special Account Law
(Establishment)
Article 1. A special account shall be established as distinct from the General Account in order to make clear the management of the Government accounting concerning purchase and sale and incidental transactions thereto of foreign exchanges, etc.(meaning foreign exchanges, foreign currencies and those similar thereto, gold and silver bullion and foreign currency instruments (inclusive of bonds and books proving the right of property), and claims;hereinafter the same).
(Administration and Operation)
Article 2. This Account shall be administered by the Prime Minister supervising the Foreign Exchange Control Board in accordance with the provisions of laws and orders.
2 The Prime Minister shall make the Foreign Exchange Control Board operate this Account.
Article 3. The Foreign Exchange Control Board may, when deemed necessary for purchase and sale and incidental transactions thereto of foreign exchanges, etc., deposit with or loan (inclusive of cases pursuant to the conclusion of contracts of overdraft;the same in this paragraph) to foreign exchange banks (meaning the foreign exchange banks prescribed in the Cabinet Order concerning Temporary Measures for Authorized Foreign Exchange Bank, etc.(Cabinet Order No.353 of 1949) and the foreign banks located abroad designated by the Minister of Finance (hereinafter referred to generically as "the Foreign exchange banks, etc." ) the foreign exchanges, etc. which belong to this Account, or deposit with or loan to the foreign exchange banks, etc. the cash (meaning the cash at the Japanese currency;hereinafter the same) which belongs to this Account.
2 The Foreign Exchange Control Board may, when deemed necessary for purchase and sale and incidentarl transactions thereto of foreign exchanges, etc., received deposits of the foreign exchanges, etc. from the foreign exchange banks, etc., or may borrow (inclusive of cases pursuant to the conclusion of the contract of overdraft) the foreign exchanges, etc. from the foreign exchange banks, etc., of the burden of this Account, or may accept the foreign bill of exchange or may undertake the guarantee for the liability of the foreign exchange banks, etc. in connection with the foreign exchanges, etc., or may receive deposits of the cash from the foreign exchange banks, etc. or may borrow it under the contract of overdraft, on the burden of this Account.
3 The Foreign Exchange Control Board may, when deemed necessary for purchase and sale and incidental transactions thereto of foreign exchanges, etc., be entrusted with the foreign exchanges, etc. by the foreign exchange banks, etc. on the burden of this Account, or may entrust the foreign exchanges, etc. to the foreign exchange banks, etc.
(Capital)
Article 4. In this Account, the capital shall be the grand total of the amount of the assets, after the amount of the liabilities deducted, that have belonged to the Foreign Exchange Fund at the Time of the enforcement of this Law, the amount transferred from the Foreign Trade Special Account in accordance with the provisions of Article 5, and the amount equivalent to the amount of rights, after the amount of liabilities deducted, out of the rights and liabilities in foreign exchanges, etc. that come to belong to this Account in accordance with the provision of paragraph 4 of the Supplementary Provisions.
(Annual Revenues and Expenditures)
Article 5. In this Account, the revenues shall be proceeds from the sale of foreign exchanges, etc., transfer form the Foreign Trade Special Account, the amount of loan on cash redeemed under the provision of Article 3 paragraph 1, proceeds from making borrowings and issuing accommodation bills under the provision of the proviso to Article 14 paragraph 4 and accessory sundry receipts, and the expenditures shall be expenses for purchase of the foreign exchanges, etc., the amount of loan on cash under the provision of Article 3 paragraph 1, interests on temporary borrowings and accommodation bills, expenses concerning the issuing and redemption of accommodation bills, redemption of borrowings and accommodation bills under the provision of the proviso to Article 14 paragraph 4, expenses for managing business, expenses for entrusting business and accessory miscellaneous expenses.
2 The cash deposit under the provision of Article 3 paragraph 1 and the redemption thereof, and the cash deposited under the provision of paragraph 2 of the same Article and the redemption thereof shall be managed as the annual revenues or the expenditures of this Account.
3 The transfer from the Foreign Trade Special Account under the provision of paragraph 1 shall be the amount transferred from the said Special Account for the purpose of being appropriated for the capital of this Account as prescribed by the budget.
(Preparation and Submission of the Statement of Estimated Revenues and Expenditures)
Article 6. The Prime Minister shall prepare the statement of estimated revenues and expenditures of this Account every fiscal year and send it to the Minister of Finance.
2 The statement of estimated revenues and expenditures under the preceding paragraph shall accompany the following documents:
(1) The balance sheet, the profit and loss statement and the inventory for the fiscal year before last;
(2) The estimated balance sheet and the estimated profit and loss statement for the preceding fiscal year and for the fiscal year concerned;
(3) Program of purchase and sale and incidental transactions thereto of the foreign exchanges, etc. for the fiscal year concerned.
(Classification of the Budget of Revenues and Appropriations)
Article 7. The budget or revenues and appropriations of this Account shall be divided into titles and items according to the source of revenues and the purpose of expenditures.
(Preparation and Submission of the Budget)
Article 8. The Cabinet shall prepare the budget of this Account every fiscal year and submit it, together with the budget of the General Account, to the Diet.
2 The budget under the preceding paragraph shall accompany the statement of estimated revenues and expenditures under the provision of Article 6 paragraph 1 and documents under the provision of paragraph 2 of the same Article.
(Disposition of Profit and Loss)
Article 9. Profit and loss of this Account arising on the profit and loss calculation for every fiscal year shall be settled by carrying it foreward to the following fiscal year.
2 The method of the profit and loss calculation under the provision of the preceding paragraph shall be prescribed by Cabinet Order.
(Transfer of Surplus)
Article 10. In case there arises any surplus on the settlement of account of revenues and expenditures for each fiscal year, in this Account, the said surplus shall be transferred to the revenue of the following fiscal year.
(Revision of Prices of Foreign Exchange, etc.)
Article 11. The prices of foreign exchanges, etc. held by this Account shall be revised in accordance with the foreign exchange rate (meaning the foreign exchange rate designated by the Minister of Finance in accordance with the provision of Article 1 of the Ordinance concerning the Settlement of Foreign Exchange Rate based on the Foreign Exchange Control Law (Ministry of Finance Ordinance No.79 of 1941);and, with respect to gold or silver bullion, meaning the controlled price prescribed in the Price Control Ordinance (Imperial Ordinance No.118 of 1946)), every fiscal year, on March 31.
(Preparation and Submission of the Final Statement of Revenues and Expenditures)
Article 12. Every fiscal year, the Prime Minister shall prepare the final statement of revenues and expenditures of this Account in accordance with the same classification as that of the statement of estimated revenues and expenditures, and send it to the Minister of Finance.
2 The final statement of revenues and expenditures under the preceding paragraph shall accompany the balance sheet, the profit and loss statement and the inventory for the fiscal year concerned.
(Preparation and Submission of the Settlement of Revenues and Expenditures)
Article 13. The Cabinet shall prepare, every fiscal year, the settlement of revenues and expenditures of this Account and submit it, together with that of the General Account, to the Diet.
2 The settlement of revenues and expenditures referred to in the preceding paragraph shall accompany the final statement of revenues and expenditures prescribed in paragraph 1 of the preceding Article and documents prescribed in paragraph 2 of the same Article.
(Depositing the Surplus Cash and Temporary Borrowings and Accommodation Bills)
Article 14. In case there is any surplus cash for payment in this Account, the said surplus cash may be deposited with the Deposit Bureau, Ministry of Finance.
2 In case there is any shortage in cash for payment in this Account, temporary borrowings may be made or accommodation bills may be issued, on the burden of this Account.
3 The maximum amount of the temporary borrowings and the accommodation bills under the provision of the preceding paragraph shall be approved by the Diet in the form of the budget.
4 The temporary borrowings and the accommodation bills under the provision of paragraph 2 shall be redeemed within the fiscal year concerned;provided that, in case it becomes impossible to be redeemed due to the decrease of the annual revenues, borrowings may be made or the accommodation bills may be issued only within the extent of amount unable to be redeemed.
5 The borrowings or the accommodation bills under the provision of the proviso to the preceding paragraph shall be redeemed within one year.
(Business concerning Floatation and Redemption, etc.)
Article 15. Business concerning floatation and redemption, etc. of the temporary borrowings, the borrowings and the accommodation bills under the provision of the preceding Article shall be managed by the Minister of Finance.
(Transfer to the National Debt Consolidation Fund Special Account)
Article 16. The interest on the temporary borrowings, borrowings and accommodation bills under the provision of Article 14, amount necessary for disbursement of miscellaneous expenses concerning issuing and redemption of accommodation bills and redemption of borrowings and accommodation bills under the provision of the proviso to paragraph 4 of the same Article shall be transferred to the National Debt Consolidation Fund Special Account, every fiscal year.
(Trust of Business concerning the Operation of the Account)
Article 17. The Foreign Exchange Control Board may entrust the business concerning the operation of this Account to the Bank of Japan.
2 In the case of the preceding paragraph, the Foreign Exchange Control Board may deliver the fund necessary for the purchase and the incidental transactions thereto of foreign exchanges, etc. to the Bank of Japan.
3 The provision of Article 36 of the Accounts Law (Law No.35 of 1947) shall apply to the receipt and disbursement of the fund delivered in accordance with the provision of the preceding paragraph.
(Carrying Foreward of the Undisbursed Amount)
Article 18. The appropriation of this Account which became due and was not disbursed before the conclusion of receipt and payment for the fiscal year concerned may be carried foreward to and disbursed in the following fiscal year.
2 The provision of Article 43 of the Finance Law (Law No.34 of 1947) shall not apply to the carrying foreward under the provision of the preceding paragraph.
3 In case the Prime Minister made the carrying foreward in accordance with the provision of paragraph 1, he shall notify the effect to the Minister of Finance and the Board of Audit.
4 In case the carrying foreward was made in accordance with the provision of paragraph 1, the appropriation concerning shall be deemed as the budget allocated under the provision of Article 31 paragraph 1 of the Finance Law.
(Obtaining of Gold and Silver Bullion)
Article 19. Gold and silver bullion to be obtained by this Account shall be only those necessary for the foreign exchange transactions.
(Enforcement Provision)
Article 20. Necessary procedural and administrative matters for enforcement of this Law shall be prescribed by Cabinet Order.
Supplementary Provisions:
1. This Law shall come into force as from December 1, 1949.
2. Assets and liabilities that have belonged to the Foreign Exchange Fund at the time of the enforcement of this Law shall belong to this Account.
3. Out of assets that shall belong to this Account under the provision of the preceding paragraph, the cash shall be transferred into the revenue of this Account for the fiscal year 1949, and the deposit in the foreign exchange banks, etc. shall be transferred into the annual revenue of this Account at each repayment.
4. Out of the rights and liabilities in foreign exchanges, etc. which belong to the account of General Headquarters, the Supreme Commander for the Allied Powers those of which accounting has been transferred to the Government shall be handled as belonging to this Account in accordance with the provisions of Cabinet Order.
5. The Foreign Trade Special Account Law (Law No.41 of 1949) shall be partially amended as follows:
In Article 1, "the aquisition and disposition of the U. S. aid commodities to Japan and the operation to the foreign exchange, etc.(meaning the foreign exchange, the foreign currency and the foreign currency instruments (including bonds and documents proving the right of property), and claims;hereinafter the same)" shall be amended as "and the aquisition and disposition of the U. S. aid commodities to Japan" .
Proviso to Article 2 shall be deleted.
In Article 3, "and the liquidation sub-account, and furthermore for the purpose of operation to the foreign exchange, etc., the Foreign Exchange Fund shall be established in the present Account." shall be amended as "and the liquidation sub-account" .
In Article 4 paragraph 1, next to "the proceeds from sale of foreign exchange, etc." , "(meaning foreign exchanges, foreign currencies and foreign currency instruments (including bonds and documents proving the right of property), and claims;hereinafter the same)" shall be added;and "the transfer to the Foreign Exchange Fund" shall be amended as "the transfer to the Foreign Exchange Special Account" .
In Article 5, (excluding those concerning the management of the Foreign Exchange Fund) shall be deleted.
Article 6-(2) and Article 10-(2) shall be deleted.
Items (3) to (5) inclusive of Article 12 paragraph 2 shall be deleted.
6. Documents prescribed by items (3) to (5) inclusive of Article 12 paragraph 2 of the Foreign Trade Special Account Law before amendment, for the period from the day of establishment of the Foreign Exchange Fund to the day of its abolishment, shall be attached to the settlement of annual revenues and expenditures of the Foreign Exchange Special Account for the fiscal year 1949.
7. The surplus cash of the National Treasury diverted under the provision of Article 6-(2) paragraph 2 of the Foreign Trade Special Account Law before amendment, to supplement the Foreign Exchange Fund, at the time of the abolishment of the same Fund, shall be deemed to be the termporary borrowings made under the provision of Article 14 paragraph 2 on the burden of the Foreign Exchange Special Account, and the redemption of this temporary borrowings shall be the expenditure of the Foreign Exchange Special Account.
8. The Cabinet Order concerning the Purchase of Gold, Foreign Currencies and Foreign Currency Instruments (Cabinet Order No.52 of 1949) shall be partially amended as follows:
Article 6 shall be amended as follows:
(Account to Conduct Purchase)
Article 6. The purchase under the provision of Article 1 and the preceding Article shall be conducted by the Foreign Exchange Special Account.
9. The Cabinet Order concerning Temporary Measures for Authorized Foreign Exchange Bank, etc. shall be partially amended as follows:
In Article 9 paragraph 1, "the Foreign Exchange Fund stipulated in the Foreign Trade Special Account Law (Law No.41 of 1949)(referred to as" the Foreign Exchange Fund "hereinafter)" shall be amended as "the Foreign Exchange Special Account" ;and in paragraph 2 of the same Article and in Article 10 paragraph 1, "the Foreign Exchange Fund" shall respectively be amended as "the Foreign Exchange Special Account" .
10. The Foreign Exchange Control Board Order (Cabinet Order No.53 of 1949) shall be partially amended as follows:
In Article 13 paragraph 2, "will be borne by the Bank of Japan" shall be amended as "may be made to be borne by the Bank of Japan" .
Prime Minister YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of International Trade and Industry INAGAKI Heitaro