I hereby promulgate the Law for Partial Amendments to the Law concerning Control of Export Commodities.
Signed:HIROHITO, Seal of the Emperor
This twenty-first day of the twelfth month of the twenty-fourth year of Showa (December 21, 1949)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to Law concerning Control of Export Commodities
The Law concerning Control of Export Commodities (Law No.153 of 1948) shall be partially amended as follows:
In Article 3, next to "specifications" "and also mode to indicate the grade" shall be added.
Article 4 shall be amended as follows:
Article 4. The competent Minister may designate items of export commodities and on each of them establish minimum export packing requirements and minimum standards regarding health, sanitation, safety and adulteration. In addition, the competent Minister may establish standards to prevent the export of commodities which will not under normal conditions of use perform the functions for which they are normally used or the functions for which they might be expected to be used.
The heading of Article 5 shall be amended as "(Designation of Article and Procedural Matters of Establishment of Standards and Requirements)" ;in paragraph 1 of the same Article, "The determination of items of export commodities to be designated and" shall be added after "in accordance with the provisions of the preceding two Articles."
Articles 6 and 7 shall be amended as follows:
(Indication of Standards and Requirements)
Article 6. Export commodities, which were designated in accordance with the provisions of Article 3, shall not be exported or transferred to the Government as export commodities unless indication is made following the mode fixed in accordance with the provisions of the same Article, and the date of indication and the name of exporter or manufacturer responsible for making the indication.
2 Where the exporter or manufacturer makes an indication mentioned in the preceding paragraph on export commodities designated in accordance with the provisions of Article 3, he shall indicate grade which is fitted to standards fixed in accordance with the provisions of the same Article.
Article 7. Export commodities which were designated in accordance with the provisions of Article 4 shall not be exported or transferred to the Government as export commodities unless they are up to the standards or requirements fixed in accordance with the provisions of the same Article, and indication to that effect is made in the mode fixed by the competent Minister and the date of indication and the name of exporter or manufacturer responsible for making indication.
2 Where the exporter or manufacturer makes an indication mentioned in the preceding paragraph on export commodities which were designated in accordance with the provisions of Article 4, he shall not make such indication unless such export commodities are up to the standards or requirements fixed in accordance with the provisions of the same Article.
Next to Article 7, the following one Article shall be added:
Article 7-(2). The competent Minister may, when he deems it specially necessary for securing the enforcement of the provisions of the preceding two Articles on export commodities designated in accordance with the provisions of Article 3 and 4, cause his personnel to enter Offices, place of enterprise or warehouses, and inspect the export commodities concerned. When it is necessary to locate the goods which are to be exported and to determine the time of export, he may request the submission of report concerned.
2 The personnel who make spot inspection in accordance with the provisions of the preceding paragraph shall carry with them identification cards and must show them whenever requested by persons concerned.
In Article 8 paragraph 1, "Article 6 paragraph 2 and Article 7 paragraph 2" shall be amended as "paragraph 1 of the preceding Article."
The heading of Article 9 shall be amended as "(Amendment of Indication and Others)" ;in Article 9 paragraphs 1 and 2 shall be amended as follows, and paragraphs 3 to 6 inclusive shall be deleted. Article 9. In case export commodities, designated under the provisions of Article 3, are inspected in accordance with the provisions of Article 7-(2) paragraph 1, and it is found that the indications of Article 6 paragraph 1 are not fitted to standards fixed in accordance with the provisions of Article 3, the grade put on the export commodities must be amended correctry.
2 When export commodities designated in accordance with the provisions of Article 4 are determined as the result of inspection made in accordance with the provisions of Article 7-(2) paragraph 1 as not up to the standards or riquirements fixed in accordance with the provisions of Article 4, the indications on such export commodities shall be cancelled.
In Article 10, "Article 6 paragraph 2 or Article 7 paragraph 2" shall be amended as "Article 7-(2) paragraph 1" ;in of paragraph 1 the same Article, "or such purchases of commodities as provided in paragraph 2 or 3 of the preceding Article" shall be deleted. In paragraph 2 of the same Article, "or such purchases of commodities provided in paragraph 2 or 3 of the preceding Article" shall be deleted.
In Article 12, "Article 6 paragraph 1 and Article 7 paragraph 1" shall be amended as "Article 6 and Article 7."
Article 13 shall be amended as follows:
In Article 15 paragraph 1, "export commodities as enumerated in Article 4" shall be ameded as "export commodities designated in accordance with the provisions of Article 4."
Article 16 shall be amended as follows:
Article 16. Any person who fails to make a report provided for in Article 7-(2) paragraph 1, or make a false report, or refuses, obstructs or evades the inspection provided for in the same paragraph, shall be punished with imprisonment not exceeding 6 months or a fine not exceeding 5,000 yen.
In Article 17, "Articles 12 to 16" shall be amended as "Article 12 and the preceding three Articles."
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation.
2. Concerning the application of penal provisions of actions committed before the enforcement of this Law, the precedents under the former provisions shall apply.
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
Prime Minister YOSHIDA Shigeru