Law concerning the Special Account for the Disposal of the U. S. Aid Commodities, etc. to Japan

(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 concerning acquisition and disposition of U. A. aid commodities to Japan (hereinafter referred to as "the aid commodities" ) and conduct of services offered as the U. S. aid to Japan (hereinafter referred to as "the aid services" ).

(Administration) Article 2. This Account shall be administered by the Minister of International Trade and Industry in accordance with the provisions of laws and orders.

(Annual Revenues and Expenditures) Article 3. In this Account, the revenues shall be the proceeds from the sale of the aid commodities, the receipts of value for the aid services, the transfers from the General Account and sundry receipts attached thereto;and the expenditures shall be the transfers to the Special Account for Counterpart Fund of U. S. Aid to Japan, the charges concerning aid commodities and aid services, the expenses for managing businesses and miscellaneous expenses attached thereto. 2 The transfer from the General Account under the provision of the preceding paragraph shall be made for appropriating it for the price adjustment of aid commodities, as prescribed by the budget. 3 The amount of the transfer to the Special Account for Counterpart Fund of U. S. Aid to Japan under the provision of paragraph 1 shall be the amount equivalent to yen amount converted from dollar price of aid commodities and aid services by the exchange rate prescribed by Ministry of Finance Ordinance, and it shall be transferred from the Special Account for the Disposal of the U. S. Aid Commodities, etc. to Japan for appropriating it for the Counterpart Fund of U. S. Aid to Japan of the Special Account for Counterpart Fund of U. S. Aid to Japan.

(Preparation and Sending of the Statement of Estimated Revenues and Expenditures) Article 4. The Minister of International Trade and Industry shall prepare the statement of estimated revenues and expenditures of this Account every fiscal year and send it to the Minister of Finance.

(Classification of the Budget of Revenues and Appropriations) Article 5. The budget of 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 6. 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 prescribed in Article 4.

(Transfer of Surplus) Article 7. 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.

(Preparation and Sending of the Final Statement of revenues and Expenditures) Article 8. Every fiscal year, the Minister of International Trade and Industry 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 9. The Cabinet shall prepare the settlement of revenues and expenditures of this Account every fiscal year and submit it, together with that of the General Account, to the Diet. 2 The settlement of revenues and expenditures under the preceding paragraph shall accompany the final statement of revenues and expenditures prescribed in paragraph 1 of the preceding Article and the balance sheet, the profit and loss statement and the inventory for the fiscal year concerned prescribed in paragraph 2 of the sam Article.

(Depositing the Surplus Cash and Diversion of the Treasury's Cash Available) Article 10. 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 necessary for appropriating the expenses for managing business in this Account, the Treasury's cash available may be diverted therefor. 3 The money diverted under the provision of the preceding paragraph shall be redeemed within the fiscal year concerned.

(Carrying Forward of the Undisbursed Amount) Article 11. 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 forward 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 forward under the provision of the preceding paragraph. 3 In case the Minister of International Trade and Industry made the carrying forward in accordance with the provision of paragraph 1, he shall notify it to the Minister of Finance and the Board of Audit. 4 In case the carrying forward was made in accordance with the provision of paragraph 1, the appropriation concerned shall be deemed to be the budget allocated under the provision of Article 31 paragraph 1 of the Finance Law.

(Enforcement Provision) Article 12. Necessary procedural and administrative matters for enforcement of this Law shall be prescribed by a Cabinet Order.

Supplementary Provisions: 1. This Law shall come into force as from April 1, 1950. 2. Assets and liabilities of the aid commodities sub-account of the Foreign Trade Special Account as of the enforcement of this Law shall belong to this Account. 3. The surplus arising from the settlement of account for the fiscal year 1949-50 in the aid commodities sub-account of the Foreign Trade Special Account shall be transferred into the revenue of the Special Account for the Disposal of the U. S. Aid Commodities, etc. to Japan for the fiscal year 1950-51. 4. The appropriation of the aid commodities sub-account of the Foreign Trade Special Account which became due within the fiscal year 1949-50 and was not disbursed before the enforcement of this Law may be carried forward to and disbursed in the Special Account for the Disposal of the U. S. Aid Commodities, etc. to Japan. 5. The Foreign Trade Special Account Law (Law No.41 of 1949) shall be partially amended as follows: In Article 1, "the management by the Government concerning the foreign trade (including transactions similar thereto) and the acquisition and disposition of the U. S. aid commodities to Japan" shall be amended as "the management concerning the foreign trade and the transactions similar thereto (excluding those concerning U. S. aid commodities to Japan and services offered as the U. S. aid to Japan) operated by the Government" . Article 3 shall be deleted;and Article 4 shall be amended as follows:

(Annual Revenues and Expenditures) Article 3. In this Account the revenues shall be the proceeds from the sale of imported commodities (including those similar to imported commodities and excluding the U. S. aid commodities to Japan;hereinafter the same), the proceeds from the sale of foreign exchange, etc.(meaning the foreign exchanges, the foreign currencies and the foreign currency instruments (including bonds and documents proving the right of property), and claims;hereinafter the same) obtained in this Account, the proceeds from the domestic sale of exportable commodities (including those similar to exportable commodities;hereinafter the same), the refunded money of and the interest on loans to the foreign tade kodans, the payment unde the provision of Article 20 paragraph 5 of the Foreign Trade Kodans Law (Law No.58 of 1947) and accessory sundry receipts;and the expenditures shall be the purchasing money of exportable commodities, the disbursement for acquisition of the foreign exchange, etc. in this Account, the charges or imported commodities, the processing cost of imported commodities (including charges), the disbursement due to transactions similar to the foreign trade, the loans and grants to foreign trade kodans, the interest on and the refunded money of the borrowings under the provisions of paragraphs 6 and 7 of the Supplementary Provisions, the transfers to the Foreign Exchange Special Account, the expenses for managing business, the business managing fee, the interests on temporary borrowings or accommodation bills under the provision of Article 10 paragraph 2, the expenses concerning floatation and redemption of accommodation bills and accessory miscellaneous expenses. From Article 4-(2) to Article 6 inclusive shall be deleted.

Article 7 shall be made Article 4. In Article 8, "shall be divided into the business expenses sub-account, the aid commodities sub-account, the administrative expenses sub-account and the liquidation sub-account, and eash sub-account, furthermore," shall be deleted, and the same Article shall be made Article 5. Article 9 shall be made Article 6. Article 10 shall be amended as follows:

(Transfer of the Surplus) Article 7. In case there arises any surplus on the settlement of account of revenues and expenditures in each fiscal year in this Account, the said surplus shall be transferred to the revenues thereof for the following fiscal year.

Article 11 shall be made Article 8;and Article 12 shall be made Article 9. The heading of Article 13 shall be amended as "(Depositing Surplus, Temporary Borrowings and Accommodation Bills)" ; "each sub-account" in paragraph 1 of the same Article and "the business expenses sub-account" in paragraph 2 of the same Article shall respectively be amended as "this Account" ;paragraphs 4 and 5 of the same Article shall be deleted;and the same Article shall be made Article 10. Article 14 shall be made Article 11;and Article 15 shall be made Article 12. In Article 16 paragraph 1, "the business expenses sub-account of" shall be deleted, and the same Article shall be made Article 13. In Article 17, "the business expenses sub-account of" shall be deleted, and the same Article shall be made Article 14. Article 18 shall be made Article 15, and Article 19 shall be made Article 16. In paragraph 6 of the Supplementary Provisions, ", the redemption of the said borrowings shall belong to the business expenses sub-account and the interests on the said borrowings shall belong to the administrative expenses subaccount" shall be deleted. 6. The receipts and disbursements for the fiscal year 1949-50 and the settlement of account for the fiscal year 1949-50 of the business expenses sub-account, the administrative expenses subaccount and the liquidation sub-account of the Foreign Trade Special Account before amendments shall be managed as heretofore practised. 7. The settlement of account for the fiscal year 1949-50 of the aid commodities sub-account of the Foreign Trade Special Account before amendments shall be managed as heretofore practised. 8. The surplus to be transferred to the revenues of the business expenses sub-account and the administrative expenses sub-account for the following fiscal year under the provision of Article 10 of the Foreign Trade Special Account Law before amendments shall be transferred to the revenues of the Foreign Trade Special Account for the fiscal year 1950-51. 9. The appropriation of the business expenses sub-account, the administrative expenses subaccount and the liquidation sub-account of the Foreign Trade Special Account before amendments which became due within the fiscal year 1949-50 and was not disbursed before the conclusion of receipt and payment for the fiscal year concerned may by carried forward to and disbursed in the Foreign Trade Special Account. 10. The Law concerning the Special Account for Special Measures on Unjustly Possessed Materials, etc.(Law No 36 of 1948) shall be partially amended as follows: Article 14 shall be amended as follows:

Article 14. The provisions of Articles 4, 5 and 8 of the Foreign Trade Special Account Law (Law No.41 of 1949) shall apply mutatis mutandis to the budget and the settlement of this Account.

11. The Law concerning the Special Account for Counterpart Fund of U. S. Aid to Japan (Law No.40 of 1949) shall be partially amended as follows: In Article 3 paragraph 1, "the Foreign Trade Special Account concerning the U. S. aid commodities to Japan" shall be amended as "the Special Account for the Disposal of the U. S. Aid Commodities, etc. to Japan" ;and paragraph 2 of the same Article shall be amended as follows: 2 The amount to be transferred from the Special Account for the Disposal of U. S. Aid Commodities, etc. to Japan under the provision of the preceding paragraph shall be transferred to the Special Account for Counterpart Fund of U. S. Aid to Japan to appropriate it for the Aid Fund under the provision of Article 3 paragraph 3 of the Law concerning the Special Account for the Disposal of U. S. Aid Commodities, etc. to Japan (Law No.65 of 1950). Paragraph 3 of the same Article shall be deleted. In Article 6, "the Foreign Trade Special Account" shall be amended as "thhe Special Account for the Disposal of the U S. Aid Commodities, etc. to Japan" .