Foreign Exchange and Foreign Trade Control Law
法令番号: 法律第228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 and Foreign Trade Control 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.228
Foreign Exchange and Foreign Trade Control Law
Contents
Chapter I General Provisions(Articles 1-9)
Chapter II Foreign Exchange Banks and Money Changers(Articles 10-15)
Chapter III Foreign Exchange Budget(Articles 16-20)
Chapter IV Concentration of Foreign Exchange(Articles 21-26)
Chapter V Restrictions and Prohibitions
Section I Payments(Articles 27-29)
Section II Claimable Assets(Article 30)
Section III Securities(Articles 31-35)
Section IV Immovables(Articles 36-41)
Section V Others(Articles 42-46)
Chapter VI Foreign Trade(Articles 47-55)
Chapter VII Appeals and Review(Articles 56-64)
Chapter VIII Miscellaneous(Articles 65-69)
Chapter IX Penalty Provisions(Articles 70-73)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1. The purpose of this Law is to provide for the control of foreign exchange, foreign trade and other foreign transactions, necessary for the proper development of foreign trade and for the safeguarding of the balance of international payments and the stability of the currency, as well as the most economic and beneficial use of foreign currency funds, for the sake of the rehabilitation and the expansion of the natoinal economy.
(Review)
Article 2. The provisions of this law and orders issue thereunder to implement this Law shall be reviewed with the objective of gradually relaxing and eliminating the restrictions established by this Law or the orders issued thereunder, as the need for them subsidies.
(Ministerial Council)
Article 3. There shall be established under the Cabinet a Ministerial Council which shall have as its responsibility the establishment of the foreign exchange budgets.
2 Necessary matters concerning the organization and operation of the Ministerial Council shall be provided for by Cabinet Order.
(Foreign Exchange Control Board)
Article 4. There shall be established by separate law an organization titled the Foreign Exchange Control Board.
(Scope of Application)
Article 5. This Law shall apply also to acts, performed outside Japan by representatives, agents, employees and other persons engaged by juridical persons having their head offices or main places of business in Japan, in regard to the property or business of such juridical persons. The same shall apply to acts, performed outside Japlan by persons domiciled in Japan their representatives, employees and other persons engaged by them, in regard to their property or business.
(Definitions)
Article 6. In order to make uniform the application of this law and orders issued in accordance therewith the following terminology shall be defined to mean:
(1) "Japan" shall mean Japan Proper, Hokkaido, Shikoku, Kyushu and dependent islands thereof as stipulated by orders.
(2) "Foreign countries" shall mean territories outside Japan.
(3) "National currency" shall mean Japanese currency.
(4) "Foreign currency" shall mean any other than national currency.
(5) "Exchange residents" shall mean all natural persons who have their permanent place of abode or who customarily live in Japan, and also juridical persons (corporate bodies, enterprises), having their seat or place of administration in Japan. The branches in Japan (agencies, establishments, etc.) of exchange non-residents are considered to be exchange residents irrspective of whether they are independent in law or not and even if the place of their administration or their headquarters is located abroad.
(6) "Exchange non-residents" shall mean all persons, natural or juridical, other than these falling under the meaning of exchange residents.
(7) "Means of payment" shall mean bank notes, Treasury notes, small paper money, coins, checks, bills of exchange, money orders, letters of credit and other orders for payment.
(8) "Foreign means of payment" shall mean money in foreign currency and other means of payment as specified in the preceding item which are expressed in foreign currency or payable abroad irrespective of the currency in which they are expressed.
(9) "Domestic means of payments" shall mean any means of payments other than foreign means of payments.
(10) "Precious metals" shall mean gold, silver, platinum, ruthonium, rhodium, palladium, osmium, irridium, ilidosmin, alloys thereof, all goods principally composed of such metals, as well as gold and silver coins withdrawn from circulation, commercial coins, commemorative coins and gold metals.
(11) "Securities" shall mean entries in debt and stock registers, bonds, shares, certificates giving title to bonds or shares, debentures, corporate debentures, Treasury bills, mortgage bonds, scrips, profit certificates and similar documents, as well as interest and dividend coupons and talons.
(12) "Foreign securities" shall mean securities which are payable abroad or expressed in foreign currency values which are abroad.
(13) "Claimable assets" shall mean time deposits, demand deposits, insurance policies and claims, balances in current account, any claims to be paid such as arising out of loans or bids or any other claims, expressed in terms of money insofar as they are not embodied within the meaning of other items of this Article.
(14) "Foreign claimable assets" shall mean those payable abroad or in foreign currency.
(15) "Goods" shall mean movable goods, with the exception of gold and other precious metals, means of payment, securities and documents in which claimable assets are embodied.
(16) "Property" shall mean property included under items (7), (10), (11), (13), (15) and any other property.
2 The Minister of Finance may in cases of doubt decide whether a certain person or other body is an exchange resident or exchange non-resident.
(Rate of Exchange)
Article 7. The basic rate of exchange of the national currency shall unitary for all kinds of transactions and determined by the Minister of Finance with approval of the Cabinet.
2 The Minister of Finance shall maintain orderly cross rates of exchange with foreign currencies.
3 The Foreign Exchange Control Board shall determine with approval of the Minister of Finance the rates at which it will buy and sell foreign exchange.
4 The Foreign Exchange Control Board may with the approval of the Minister of Finance fix the buying and selling rates of exchange at which authorized foreign exchange transactions may be executed as well as commissions related thereto.
5 The buying and selling rates may not differ from the basic exchange rate under paragraph 1 or cross rates under paragraph 2 in the case of spot exchange transactions by more than one (1) per cent.
6 When the Minister of Finance or the Foreign Exchange Control Board determined, in accordance with the provisions of paragraphs 1 to 4, the basic rate, cross rates, or the buying and selling rates of foreign exchange or commissions related thereto, no person may perform transactions not in accordance therewith.
(Designation of Currency)
Article 8. Transactions authorized under this law may be effected only with currencies prescribed by the Minister of Finance.
(Emergency Suspension of Transactions)
Article 9. The competent minister may, as provided for by Cabinet Order, if deemed urgently necessary in case a sudden change takes place in the economic situation, suspend transactions governed by the provisions of this law for a designated period specified in the Cabinet Order.
2 The suspension under the provisions of the preceding paragraph shall not result in default of payments which were already authorized under provisions of this law and the possible delay thereof will be limited to the extent of the designated period specified by Cabinet Order.
Chapter II Foreign Exchange Banks and Money Changers
(Foreign Exchange Bank)
Article 10. Any bank which intends to perform foreign exchange business shall obtain the authorization of the Minister of Finance designating offices where the business shall be performed (including offices in foreign countries of banks which are juridical persons established under Japanese law;the same hereinafter) and the scope of such business.
2 The Minister of Finance shall not give the authorization under the preceding paragraph, if he deems that the bank concerned will have difficulty in procuring sufficient international credit, or it has not sufficient staff capable of performing foreign exchange transactions effectively.
3 The foreign exchange bank (this shall mean bank authorized under paragraph 1;the same hereinafter) shall obtain the authorization of the Minister of Finance, in case it intends to establish now offices performing foreign exchange business, alter the name or location of such offices, or alter the scope of foreign exchange business.
4 The foreign exchange bank shall notify the Minister of Finance in advance, in case it intends to relinquish foreign exchange business at all or any of offices performing such business.
(Business Arrangements)
Article 11. The foreign exchange bank shall obtain the approval of the Foreign Exchange Control Board before concluding arrangements to transact business under the provisions of this law with banks or other financial organs abroad.
(Duty of Confirmation of Foreign Exchange Bank)
Article 12. The foreign exchange bank, in case in intends to perform transactions with clients concerning business under the provisions of this law shall not perform such business unless it satisfies itself that the clients concerned have obtained, or are not required to obtain, approval etc. in accordance with the provisions of this law.
(Sanction)
Article 13. The Ministry of Finance may, in case the foreign exchange bank violated or attempted to violate the provisions of this law, or any order or disposition issued on the basis of this law, cancel the authorization under Article 10 paragraph 1, or suspend the business under the provisions of this law of the office which committed such violation for and/or restrict the scope of such business for a period not exceeding one (1) year.
(Money Changers)
Article 14. Any person who intends to perform money changers business shall obtain the authorization of the Minister of Finance, designating offices where the business shall be performed and the scope of such business.
2 The provisions of Article 10 paragraphs 3 and 4, Article 12, as well as the preceding Article shall apply mutatis mutandis to money changers (this shall mean any person authorized under the provision of the preceding paragraph;the same hereinafter).
(Duty to Report)
Article 15. The foreign exchange banks and money changers shall submit reports to government agencies as provided for by Cabinet Order concerning business transacted under the provisions of this law.
Chapter III Foreign Exchange Budget
(Establishment of Budget)
Article 16. The Foreign Exchange Budget will be based upon a careful and cautious appraisal of foreign exchange availability so that the danger of deficits resulting in defaults or undesirable depletion of reserves are avoided.
Article 17. The Foreign Exchange Budget will be prepared with due regard:
(1) To the convertibility or the transferability of currencies;
(2) To the requirement for a working reserve sufficient to insure the elasticity necessary to meet ordinary contingencies of trade and transactions.
Article 18. At the time of establishing the Foreign Exchange Budget it shall be provided that adequate balances of exchange of various currencies be maintained as a reserve to meet deficits arising out of errors in calculations or in estimates or out of extraordinary contingencies.
(Alteration of Budget)
Article 19. The Foreign Exchange Budget may be changed only by the Ministerial Council and only in cases of exceptional circumstances.
(Effect of Budget)
Article 20. Any agency responsible for authorizing the use of funds budget by the Ministerial Council may not exceed the amount budgeted for any such authorization without approval of the Ministerial Council.
Chapter IV Concentration of Foreign Exchange
(Concentration of Foreign Means of Payment)
Article 21. Any person in Japan may, as provided for by Cabinet Order, be required to deposit or register the properties mentioned in the following items to the specific place or by specific procedures, or to sell the same for national currency to the Foreign Exchange Special Account, Bank of Japan, Foreign Exchange Banks, or other persons, at the price to be fixed by the Minister of Finance, considering the official price, or if no official price exists, the market price:
(1) Foreign means of payment situated in Japan;
(2) Precious metals situated in Japan.
Article 22. Any exchange resident may, as provided for by Cabinet Order, be required to deposit or register the properties mentioned in the following items to the specific place or by specific procedures, or to sell the same for national currency to the Foreign. Exchange Special Account, Bank of Japan, Foreign Exchange Banks, or other persons, at the price to be fixed by the Minister of Finance, considering the official price, or if no official price exists, the market price:
(1) Foreign means of payment;
(2) Precious metals;
(3) Foreign claimable assets;
(4) Foreign securities.
Article 23. Any nexchange non-resident may, as provided for by Cabinet Order, be required to deposit or register the following items toe the specific place or by the specific procedure:
(1) Domestic means of payment;
(2) Claimable assets expressed in national currency;
(3) Securities expressed in national currency.
(Exception of Concentration)
Article 24. There shall be prescribed in the Cabinet Order to be issued under the preceding three Articles the manner and the degree to which the Provisions of the preceding Articles of this Chapter shall apply to foreign exchange banks, money changers, and others.
Article 25. The provisions of Article 22 shall apply to non-Japanese exchange residents only in so far as it pertains to items specified therein which may have accrued to such non-Japanese exchange residents as a result of transactions which are governed by the provisions of this law and the orders and ordinances thereunder.
(Duty to Collect Claimable Assets)
Article 26. Any person who acquired any claimable assets arising with respect to exchange non-residents shall collect the same immediately as they become due unless otherwise authorized by Cabinet Orders.
2 No person shall frustrate such claimable assets by giving them up in whole or in part, by receiving less than the full value, or conniving in delay of payment.
Chapter V Restrictions and Prohibitions
Section I Payments
(Restrictions and Prohibition of Payment)
Article 27. Unless authorized as provided for in this law or in Cabinet Order no person shall in Japan perform such acts as are mentioned in the following:
(1) Make any payment to a foreign country;
(2) Make any payment to an exchange non-resident or receive any payment from an exchange non-resident;
(3) Make any payment to an exchange resident on behalf of an exchange non-resident or receive such payment;
(4) Place any sum to the credit of an exchange non-resident or receive any sum for credit from an exchange non-resident.
2 The provisions of items 2 through 4 of the preceding paragraph shall not apply:
(1) To payments made in national currency for settlement of expenditures arising in connection with an exchange non-resident's sojourn in Japan such as those covering cost of living or normal purchases of commodities or services;
(2) To payments in national currency made in the course of domestic business in Japan to which the exchange non-resident is authorized.
Article 28. Unless authorized as provided for in this law or in Cabinet Orders no person shall in Japan and no exchange resident shall abroad, make any payment to or for the credit of an exchange resident as a consideration or association with payment or other benefit accruing to anyone aboad or acquisition of property abroad.
Article 29. Unless authorized as provided for in this law or in Cabinet Order no person shall in Japan and no exchange resident abroad receive any payment from or on behalf of an exchange resident as a consideration or association with surrender of any value abroad.
Section II Claimable Assets
(Restriction and Prohibition concerning Claimable Assets)
Article 30. No person may be a party to creation, modification, liquidation, settlement or direct or indirect transfer of the following items or to any other transaction of the same unless authorized as provided for by Cabinet Order:
(1) Claimable assets expressed in national currency between exchange non-residents;
(2) Foreign claimable assets between exchange residents;
(3) Claimable assets between an exchange resident and an exchange non-resident.
Section III Securities
(Securities Located in Japan)
Article 31. No person may sell, buy, donate exchange, lend, borrow, deposit, pledge or transfer in any way securities located in Japan or transfer any rights to such securities without being duly authorized or obtaining a license under provisions of Ministry of Finance Ordinance.
2 The provision of the preceding paragraph shall not apply to transactions of domestic securities between exchange residents.
(Securities Located Abroad)
Article 32. No exchange resident may sell, buy, donate, borrow, exchange, lend, or deposit, pledge or transfer in any way securities located abroad or transfer any rights to such securities without being duly authorized or obtaining a license under the provisions of Ministry of Finance Ordinance.
2 The provisions of the preceding paragraph shall apply to non-Japanese exchange residents only insofar as it pertains to securities which may have accrued to such non-Japanese exchange residents as a result of transactions which are governed by a provisions of this Law and the orders and ordinances thereunder.
(Safekeeping of Securities)
Article 33. No person may, unless authorized as provided for by Ministry of Finance Ordinance. be a party to an arrangement of safekeeping of a security, other than pertaining to domestic securities for safekeeping in Japan, in favor of an exchange resident, or to foreign securities for safekeeping abroad in favor of an exchange nonresident, if such arrangement is made between exchange non-residents.
(Floatation of Securities)
Article 34. Unless being duly authorized or obtaining a license under the Ministry of Finance Ordinance:
(1) No person may float abroad securities payable in national currency;
(2) No exchange resident may float any securities abroad;
(3) No exchange non-resident may float foreign securities in Japan.
(Subscription of Securities)
Article 35. Without being duly authorized or obtaining a license as provided for by Cabinet Order:
(1) No exchange resident shall subscribe to foreign securities;
(2) No exchange non-resident shall subscribe to domestic securities.
Section IV Immovables
(Immovables Located Abroad)
Article 36. Unless authorized as provided in the Ministry of Finance Ordinance no exchange resident shall acquire foreign immovable property or right thereto.
Article 37. Unless authorized as provided in the Ministry of Finance Ordinance no exchange resident shall dispose of his foreign immovable property or give up or surrender any part of his right thereto.
(Immovables Located in Japan)
Article 38. Unless authorized as provided for by Cabinet Order no exchange resident shall dispose of immovable property in Japan or any right pertaining to it in favor of an exchange nonresident.
Article 39. Unless authorized as provided in the Cabinet Order no exchange non-resident shall acquire immovable property in Japan or right thereto from an exchange non-resident.
Article 40. Unless authorized as provided for by Cabinet Order no exchange non-resident shall dispose of immovable property situated in Japan or give up or surrender any part of his right thereto.
(Exceptions)
Article 41. The provisions of Articles 36 and 37 shall apply to non-Japanese exchange residents only insofar as they pertain to immovable properties specified therein which may have accrued to such non-Japanese exchange residents as a result of transaction which are governed by the provisions of this law and the orders and ordinance thereunder.
Section V Others
(Services)
Article 42. Unless authorized as provided for by Cabinet Order no person shall contract for services involving payment, settlement or any other transaction governed by provisions of this law.
Article 43. Unless authorized as provided for by Cabinet Order no exchange resident shall render services to an exchange non-resident unless an adequate payment is provided for in accordance with provisions of this law.
Article 44. Any person or exchange non-resident as specified in the preceding two Articles may be required to obtain prior approval from or present certification of adequate payment to the competent government agency as provided for by Cabinet Order.
(Export or Import of Means of Payment, etc.)
Article 45. Unless authorized as provided for by Cabinet Order no person may export or import means of payment, precious metals, securities, or documents embodying rights to claimable assets.
Article 46. The Cabinet Order specified in the preceding Article shall prescribe the manner and the degree to which the provisions of the preceding Article shall apply to persons entering or leaving Japan.
Chapter VI Foreign Trade
(Principle of Export)
Article 47. Export of goods from Japan will be permitted with the minimum restrictions thereon consistent with the purpose of this law.
(Approval of Export)
Article 48. Any person desiring to export goods from Japan may be required to obtain the approval of the Ministry of International Trade and Industry for those types of export goods and/or method of transactions or payments as provided for by Cabinet Orders.
2 The restrictions provided for by the Cabinet Orders specified in the preceding paragraph shall be within the limit of necessity for the maintenance of the balance of international payment and sound development of international trade or national economy.
(Certification of Payment Method)
Article 49. The Minister of International Trade and Industry may by ordinance require from any person desiring to export goods an adequate certification that satisfactory payment is provided for as provided for by Cabinet Order.
(Fair Export Trade)
Article 50. Any person exporting goods shall exercise due respect to laws and regulations prohibiting unfair competition in the country of final destination of such goods.
(Emergency Suspension of Shipment)
Article 51. The Minister of International Trade and Industry may suspend by ordinance the shipment of export goods, destinating the articles and/or destination for a period not exceeding one month, when he deems it necessary as a matter of grave emergency.
(Approval of Import)
Article 52. In order to ensure the most economic and beneficial imports of goods within the scope of foreign exchange budget any person desiring to effect import may be required to obtain approval therefor as provided for by Cabinet Order.
(Sanction)
Article 53. The Minister of International Trade and Industry may prohibit any person who, in connection with the export or import of goods, has violated the provisions of this law, ordinances or measures based thereon, from engaging in import or export transactions for a period not exceeding one year.
(Direction and Supervision to Customs Chief)
Article 54. The Minister of International Trade and Industry shall direct and supervise the customs chief regarding the export and import of goods under his jurisdiction as provided for by Cabinet Order.
2 The Minister of International Trade and Industry may delegate to the customs chief a part of his power based on this law as provided for by Cabinet Order.
(Presentation of Collateral)
Article 55. Any person desiring to import goods may, as provided for by Cabinet Order, be required to furnish deposit or securities, or collateral in order to assure the effectuation of import concerned.
2 In case the person who obtained an import license did not effectuate such import the deposit, securities, or collateral under the preceding paragraph may be forfeit to the national treasury in accordance with provisions of Cabinet Order.
Chapter VII Appeals and Review
(Appeal)
Article 56. Any person aggrieved by the action or disposition made by a competent government agency under the provisions of this Law or orders issued thereunder, may appeal to such agency by filling a petition in writing stating the substance of his grievance.
(Hearing)
Article 57. Any government agency receiving such petition as mentioned in the preceding Article shall afford to the petitioner as opportunity for public hearing after reasonable advance notice.
2 The notice shall state the time, place, and issues involved.
3 At the hearing, opportunity shall be afforded the petitioner and all interested, persons to present evidence and argument with respect to said issue.
(Decision)
Article 58. The competent government agency shall make the decision on the issues. Such decision shall be made in writing and copies thereof shall be delivered to the petitioner and other interested persons.
(Rules of Procedure)
Article 59. Appropriate rules of procedure for appeals, notice, hearing and decision shall be provided for by Cabinet Order.
Article 60. Any person aggrieved by a final decision rendered by any competent government agency in accordance with the preceding Articles of this Chapter, shall be entitled to judicial review thereof in accordance with the provision of the following Article.
Article 61. Suits against the decisions of the competent government agencies under this Law shall be under the jurisdiction of the District Courts within whose district the office of the government agency which is defendant, is located.
2 Proceedings for review shall be instituted the service of the final decision of the government agency.
3 Copies of the petition shall be served upon the government agency and upon all other interested persons involved in the hearing before such agency.
Article 62. Within thirty days after the service of the petition, or within such further time as the court may allow, the government agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review;the record may be shortened by agreement of the persons and government agencies involved in the hearing.
Article 63. The review shall be confined to the record, except that in cases of alleged irregularities in procedure before the government agency, not shown in the record, testimony thereon may be taken by the court.
Article 64. The court may affirm the decision of the government agency or remand the case for further proceedings;or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the administrative findings, inferences, conclusion, or decisions are:
(1) in violation of constitutional provisions;or
(2) in excess of the statutory authority or jurisdiction of the government agency;or
(3) made upon unlawful procedure;or
(4) affected by other error of law;or
(5) unsupported by competent, material, and substantial evidence;or
(6) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
Chapter VIII Miscellaneous
(Power of Fair Trade Commission)
Article 65. Nothing in the provisions of this Law shall be construed to repeal, modify or affect application of the Trade Association Law (Law No.191 of 1948) or the Law relating to Prohibition of Private Monopoly and Method of Preserving Fair Trade (Law No.54 of 1947) or the power of the Fair Trade Commission to take action thereunder in any particular situation.
(Actions of Government Agency)
Article 66. Those provisions of this Law or orders thereunder, which stipulate that the license, approval, or other actions of government agencies, or the foreign exchange banks are required, shall not apply, as may be provided for by Cabinet Order, in case a government agency performs acts requiring license, approval or other action concerned.
(Duty to Report)
Article 67. In addition to those reports provided for in this Law, the competent government agencies may require, within the limit of the necessity for ensuring the enforcement of this Law, other reports from any person who carries out transactions governed by this Law or other persons concerned as provided for by Cabinet Order.
(Spot Inspection)
Article 68. The competent government agencies may, within the limit of the necessity for ensuring the enforcement of this Law, permit officials concerned to enter the places of business, or offices of the foreign exchange banks and money changers during hours of business and inspect books, documents and other articles, or interrogate the persons concerned.
2 In conducting spot inspections in accordance with the provision of the preceding paragraph, a certificate to show his position shall be carried by the official and presented to the persons concerned.
3 The authority of spot inspection or interrogation in accordance with the provision of paragraph 1 shall not be construed as being recognized for the search of crimes.
(Delegation of a Part of Business)
Article 69. The competent government agencies may as provided for by Cabinet Order require the Bank of Japan or the foreign exchange banks to handle a part of the business concerning the execution of this Law.
2 In case a part of the business is entrusted to the Bank of Japan under the preceding paragraph, expenses for handling such business may be borne by the Bank of Japan.
3 In case of paragraph 1, staffs of the Bank of Japan and foreign exchange banks shall be regarded under laws and orders as officials engaged in public service with respect to the application of the Criminal Code (Law No.45 of 1907) and penal provisions of other laws.
Chapter IX Penalty Provisions
Article 70. Any person who comes under any one of the following items shall be liable to penal servitude not exceeding three (3) years or to fine not exceeding 300,000 yen, or to both, provided that in cases where three (3) times the value of the good concerned exceeds 300,000 yen, the fine shall not exceed three times the value of such goods:
(1) Any person who performed spot transactions of foreign exchange in violation of the provisions of Article 7 paragraph 5, in case the selling or buying rate for spot transactions is not fixed;
(2) Any person who violated the provisions of Article 7 paragraph 6;
(3) Any person who violated the provisions of Article 8;
(4) Any person who engaged in the foreign exchange business without obtaining the authorization under Article 10 paragraph 1;
(5) Any person who violated the suspension or restriction under Article 13 (including the case of application under Article 14 paragraph 2);
(6) Any person (excluding foreign exchange banks) who engaged in the money changers'business without obtaining the authorization under Article 14 paragraph 1;
(7) Any person who violated the provisions of Article 26 paragraphs 1 and 2;
(8) Any person who violated the provisions of Article 27 paragraph 1;
(9) Any person who violated the provisions of Article 28;
(10) Any person who violated the provisions of Article 29;
(11) Any person who violated the provisions of Article 30;
(12) Any person who violated the provisions of Article 31 paragraph 1;
(13) Any person who violated the provisions of Article 32 paragraph 1;
(14) Any person who violated the provisions of Article 36;
(15) Any person who violated the provisions of Article 37;
(16) Any person who violated the provisions of Article 38;
(17) Any person who violated the provisions of Article 39;
(18) Any person who violated the provisions of Article 40;
(19) Any person who violated the provisions of Article 45;
(20) Any person who violated the provisions of Article 51;
(21) Any person who violated the prohibition of export or import under the provisions of Article 53;
(22) Any person who violated the provisions of Orders under Articles 9, 21 to 23 inclusive, 48 or 54.
Article 71. Any person who comes under any one of the following items shall be liable to penal servitude not exceeding one (1) year or to a fine not exceeding 100,000 yen, or to both:
(1) Any person who established a new office performing foreign exchange bank business or money changers'business, altered the name or location of the office performing the foreign exchange bank business or money changers business, or altered the scope of the foreign exchange bank business or money changers'business, without obtaining the license under Article 10 paragraph 3 or under the same paragraph to be applied mutatis mutandis in case of Article 14 paragraph 2;
(2) Person who violated provisions of Article 33;
(3) Person who violated the provisions of Article 34;
(4) Person who violated the provisions of Article 35;
(5) Person who violated the provisions of Article 42;
(6) Person who violated the provisions of Article 43;
(7) Person who failed to obtain prior approval in violation of the provisions prescribed by Cabinet Order under Article 44.
Article 72. Any person who comes under any one of the following items shall be liable to penal servitude less than six (6) months or a fine not exceeding fifty thousand (50,000) yen:
(1) Person who relinquished his foreign exchange bank business or money changers'business without making report or with false report under the provisions of Article 10 paragraph 4 or under the same paragraph to be applied mutatis mutandis under Article 14 paragraph 2;
(2) Person who concluded any arrangement under Article 11 without obtaining the approval under the same Article;
(3) Person who violated the provisions of Article 12, or the same Article to be applied mutatis mutandis under Article 14 paragraph 2;
(4) Person who failed to make report or made false report required under Article 15;
(5) Person who failed to present certification or presented false certification in violation of the provisions prescribed by Order under Article 44;
(6) Person who failed to present satisfactory certification or presented false certification in violation of the provisions prescribed by Order under Article 49;
(7) Person who failed to make report or made false report in violation of the provisions prescribed by Order under Article 67;
(8) Person who refused, obstructed or evaded the inspection under Article 68;
(9) Person who failed to respond or made false response to the interrogation under Article 68.
Article 73. When a representative of a juridical person, or an agent, employee or other worker engaged by a juridical person or a natural person, violated the preceding three (3) Article in regard to the business or property of such juridical or natural person, the juridical person or the natural person shall be liable to a fine specified in each Article in addition to the punishment of the offender.
Supplementary Provisions:
1. The effective date of this Law shall be prescribed for each Article by cabinet order, provided that such date shall not be later than March 31, 1950.
2. Laws and ordinances stated below shall be repealed:
Foreign Exchange Control Law (Law No.83 of 1941).
Ordinance concerning the Restriction or Prohibition of Importing Bullion or Alloy of Gold, Silver or Platinum (Imperial Ordinance No.578 of 1945).
Ordinance concerning Exceptional Provisions for Penal Provisions of the Foreign Exchange Control Law (Imperial Ordinance No.615 of 1945).
Ordinance concerning the Temporary Measures on Foreign Trade, etc.(Imperial Ordinance No.328 of 1946).
Cabinet Order concerning Control of Exports and Imports of Property and Cargo (Cabinet Order No.199 of 1949).
Cabinet Order concerning the Temporary Measures for Foreign Exchange Bank, etc.(Cabinet Order No.353 of 1949).
3. With regard to the application of penalty provisions to the actions committed before the effectuation of this Law, Laws and orders stated in the preceding paragraph shall be still effective after the effectuation of this Law.
4. Necessary matters concerning the abrogation of Laws and Orders stated in paragraph 2 shall be provided for by Cabinet Order.
Prime Minister YOSHIDA Shigeru
Attorney-General UEDA Shunkichi
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Education TAKASE Sotaro
Minister of Welfare HAYASHI Joji
Minister of Agriculture and Forestry MORI Kotaro
Minister of International Trade and Industry INAGAKI Heitaro
Minister of Transportation OYA Shinzo
Minister of Postal Services OZAWA Saeki
Minister of Telecommunications OZAWA Saeki
Minister of Labor SUZUKI Masabumi
Minister of Construction MASUTANI Shuji
President of Economic Stabilization Board YOSHIDA Shigeru