Precious Metals Control Law
法令番号: 法律第128号
公布年月日: 昭和25年5月1日
法令の形式: 法律
I hereby promulgate the Precious Metals Control Law.
Signed:HIROHITO, Seal of the Emperor
This first day of the fifth month of the twenty-fifth year of Showa (May 1, 1950)
Prime Minister YOSHIDA Shigeru
Law No.128
Precious Metals Control Law
Contents
Chapter I General Provisions(Articles 1, 2)
Chapter II Purchase by the Government of Bullion of Precious Metals(Articles 3-6)
Chapter III Sale by the Government of Bullions of Precious Metals(Articles 7-11)
Chapter IV Restriction on Transaction, etc. of Gold Bullion(Articles 12-13)
Chapter V Supervision Over Business of Processing of Bullion of Precious Metals for Dental Use, etc.(Articles 14-19)
Chapter VI Miscellaneous Provisions(Articles 20-23)
Chapter VII Penal Provisions(Articles 24-28)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to concentrate precious metals to the Government, and at the same time, to adjust the transaction and use thereof, in order to make the same available to the most effective use for national economy such as improvement of international balance, etc.
(Definition)
Article 2. "Precious Metals" as used in this Law shall mean gold, silver, platinum, ruthenium, rhodium, palladium, osmium, iridium and iridosmin.
2 "Bullion of precious metals" as used in this Law shall mean bullion containing precious metals which had been put through a process of smelting or extracting, and the value of which depends primarily on the precious metals contained therein.
3 "Precious metals minerals" as used in this Law shall mean minerals (including alluvial ore) containing Precious Metal or those under process of smelting, the value of which depends primarily on the precious metals contained therein.
4 "Precious metal residue" as used in the Law shall mean residue obtained from smelting of precious metal minerals.
5 "Precious metals containing material" as used in this Law shall mean such materials other than gold coin, silver coin, bullion of precious metals, precious metal minerals, precious metal residue and processed goods of bullion of precious metals, from which precious metals can be extracted through industrial processes.
6 "Bullion of precious metals for dental use" as used in this Law shall mean platinum wire for use of dental treatment and/or processed goods of bullion of precious metals that may be sold by the Government for use of dental treatment, and be designated by the competent Minister.
7 "Business of processing of bullion of precious metals for dental use" as used in this Law shall mean such business the purpose of which is to process bullion of precious metals into bullion of precious metals for dental use.
8 "Person engaging in business of processing of bullion of precious metals for dental use" as used in this Law shall mean such person who engages in the business of processing of bullion of precious metals for dental use with the license under the provision of Article 14 paragraph 1.
9 "Business of sale of bullion of precious metals for dental use" as used in this Law shall mean such business the purpose of which is to sell bullion of precious metals for dental use.
10 "Person engaging in business of sale of bullion of precious metals for dental use" as used in this Law shall mean such person who engages in the business of sale of bullion of precious metals for dental use with the license under the provision of Article 18 paragraph 1.
11 "Dentist" as used in this Law shall mean hospitals and dispensaries rendering dental treatment, and dental colleges (including the dental schools now in existence under the provisions of Article 98 of the School Education Law (Law No.26 of 1947).
12 "Person engaging in gold mining" as used in this Law shall mean person having mining right for minerals, the value of which depends mainly on gold therein.
CHAPTER II Purchase by the Government of Bullion of Precious Metals
(Sale to the Government of Bullion of Precious Metals)
Article 3. Any person who has acquired bullion of precious metals through smelting of, or extracting from, the precious metal minerals concerned or through smelting of precious metal residue shall refine or entrust the refining of the same into bullion of precious metals which have 998 (in case of gold or silver,999) or more in fineness in 1000 and shall, in accordance with the procedure as may be determined by the competent Ministry Ordinance, sell the same to the Government not later than the last day of the month subsequent to the month in which refining was completed.
2 In the case of the preceding paragraph, if the person who is required to sell bullion of precious metals to the Government in accordance with the provision of the same paragraph is unable to refine or entrust the refining of the bullion of precious metals concerned into the bullion of precious metals having such fineness as prescribed by the same paragraph, he shall, in accordance with the procedure as may be determined by the competent Ministry Ordinance, entrust the Mint Agency with refining, and sell the same to the Government not later than the last day of the month subsequent to the month in which he acquired the bullion of precious metals concerned. In this case, the Mint Agency may collect such charge for refining as may be determined by the competent Ministry Ordinance.
3 In regard to the calculation of the time of the sale under the preceding two paragraphs, the time at which the bullion of precious metals was delivered to the Mint Agency in accordance with the procedure as may be determined by the competent Ministry's Ordinance shall be deemed to be the time of the sale under the preceding two paragraphs.
4 In cases where it is deemed difficult for the person who is required to sell (bullion of precious metals) to the Government in accordance with the provision of paragraph 1 or 2 to sell the bullion of precious metals to the Government by the time as specified by the provision of paragraph 1 or 2 due to calamity or some other inevitable causes, the competent Minister may, upon the application from the person concerned, extend the time limit for only up to six months.
Article 4. Any person who has redeemed bullion of precious metals shall refine or entrust the refining of the same into bullion of precious metals in such fineness under the provision of paragraph 1 of the preceding Article, and shall, in accordance with the procedure determined by the competent Ministry Ordinance sell the same to the Government not later than the last day of the month subsequent to the month during which the refining was completed.
2 The provisions of paragraphs 2 to 4 inclusive of the preceding Article shall apply mutatis mutandis to the case of the preceding paragraph.
(Exception to Application)
Article 5. The provisions of the preceding three Articles shall not apply to the following cases:
(1) Where the bullion of precious metals concerned is to be used for study or experiment or as a specimen;
(2) Other than such as specified in the preceding item, where permitted by the competent Minister.
2 Any person who intends to obtain the permission of the competent Minister under the provision of item (2) of the preceding paragraph shall apply the competent Minister to that effect in the form as may be determined by competent Ministry Ordinance.
(Purchasing Price)
Article 6. The price at which bullion of precious metals is purchased by the Government in accordance with the provisions of Article 3 or Article 4 shall be determined by the competent Minister.
CHAPTER III Sale of Bullion of Precious Metals by the Government
(Application for Purchase of Bullion of Precious Metals)
Article 7. Any person who intends purchase bullion of precious metals owned by the Government for industrial or artistic use, or processing into bullion of precious metals for dental use, or other use shall, in accordance with the procedure as may be determined by the competent Ministry Ordinance, apply the competent Minister, by indicating the use thereof.
(Drawing up of Allocation Plan of Bullion of Precious Metals)
Article 8. The competent Minister shall, on the basis of the application under the preceding Article, prepare the statements on the estimate of sale of bullion of precious metals owned by the Government in accordance with the procedure as may be determined by the competent Ministry and transmit the said statement to the Minister of Finance.
2 The Minister of Finance shall, consulting with the competent Minister, make necessary modifications on the estimate as referred to in the preceding paragraph and draw up the allocation plan of bullion of precious metals determining the amount of bullion of precious metals available for sale, and notify it to the competent Minister.
(Sale of Bullion of Precious Metal by the Government)
Article 9. The competent Minister shall determine the amount to be sold to the applicant under the provisions of Article 7 within the amount determined in the allocation plan of bullion of precious metals under the provision of paragraph 2 of the preceding Article, and notify it to the applicant concerned.
2 In cases where the person who has purchased bullion of precious metals owned by the Government intends to change the use indicated in accordance with the provision of Article 7, he shall obtain the permission of the competent Minister.
3 Any person, who intends to obtain the permission under the provision of the preceding paragraph, shall apply the competent Minister to that effect in such form as may be determined by the competent Ministry Ordinance.
4 In cases where the application under the provision of Article 7 or preceding paragraph has been made, the competent Minister shall determine under the provision of paragraph 1 or approve under the provision of the preceding paragraph or disapprove these applications taking the following items into consideration:
(1) Whether or not the use is justifiable;
(2) Whether or not the amount of the bullion of precious metals will be in excess of the amount required for the use.
5 In cases where the application under the provision of paragraph 3 has been made, and any portion of the bullion of precious metals owned by the applicant will be in excess of the amount required for the use which intends to change, the competent Minister may order the applicant to resell to the government of that portion he deems to be in excess at the price under the provision of Article 6.
6 In cases where the person who has purchased bullion of precious metals owned by the Government deteriorate the bullion of precious metals concerned before use, he shall file with the competent Minister to that effect without delay
7 In cases where the person who has purchased bullion of precious metals owned by the Government fail to use the bullion of precious metal concerned for its purpose due to inevitable cause, he may request the Government to purchase back the bullion of precious metals concerned at the price under the provision of Article 6.
(Selling Price)
Article 10. The price at which bullion of precious metals is to be sold by the Government in accordance with the provision of Article 7 and the preceding Article shall be determined by the competent Minister.
(Allocation of Bullion of Precious Metals for Dental Use)
Article 11. The competent Minister may allocate bullion of precious metals for dental use which is owned by person engaging in business of processing of bullion of precious metals for dental use, the person engaging in business of sale of bullion of precious metals for dental use, in accordance with the procedures as may be determined by the competent Ministry Ordinance.
2 Person engaging in business of processing of bullion of precious metals for dental use shall transfer bullion of precious metals processed thereby to person engaging in business of sale of bullion of precious metals for dental use who has received allocation in accordance with the provision of the preceding paragraph.
3 The Governor of To, Do, Fu or Prefecture may allocate bullion of precious metals for dental use which is owned by person engaging in business of sale of bullion of precious metals for dental use to dentists in accordance with the procedures as may be determined by the competent Ministry Ordinance.
4 Person engaging in business of sale of bullion of precious metals for dentals use shall transfer bullion of precious metals for dental use owned thereby to dentists who have received allocation in accordance with the provision of the preceding paragraph.
5 Dentists shall not use bullion of precious metals which has been allocated in accordance with the provision of paragraph 3 for any purpose other than dental treatment.
6 Allocation under the provision of paragraph 1 or 3 shall be determined in consideration of financial condition of the person engaging in business of sale of bullion of precious metals for dental use or medical ability of the dentist, etc.
7 The price at which bullion of precious metals for dental use is to be allocated in accordance with the provision of paragraph 1 or 3 shall be determined by the competent Minister.
CHAPTER IV Restrictions on Transaction, etc. of Gold Bullion
(Restriction on Transaction, etc. of Gold Bullion)
Article 12. Without permission of the competent Minister, no person shall transact, melt or process any gold bullion; provided that, the same shall not apply to the following cases:
(1) Where gold bullion is transacted, melted or processed for the purpose of sale to the Government in accordance with the provisions of Article 3 paragraph 1 or 2, Article 4, Article 9 paragraph 5 or 7;
(2) Where gold bullion is purchased from the Government in accordance with the provisions of Article 7 and Article 9, or where gold bullion thus purchased is used for the proper purpose;
(3) Where person engaging in business of sale of bullion of precious metals for dental use or dentist for who bullion of precious metal for dental use is allocated in accordance with the provision of paragraph 1 or 3 of the preceding Article, receives the transfer of bullion of precious metals for dental use allocated, or uses the same for dental treatment, or sells the same in accordance with the Order under the provision of Article 17 (including the case where this applies mutatis mutandis in Article 18 paragraph 3;
(4) Where otherwise as may be prescribed by Cabinet Order.
2 Any person who intends to obtain the license under the provision of the preceding paragraph shall apply the competent Minister to that effect in such form as may be determined by the competent Ministry Ordinance.
3 In the application of the provisions of the preceding two paragraphs and Article 22 paragraph 3, any item coming under any one of the following items shall be deemed to be gold bullion as referred to in the said paragraphs:
(1) Processed goods of gold bullion, the price of gold contained wherein exceeds 1/2 of price of the goods concerned; provided that, fixtures, personal ornaments and such items as may be designated by the competent Minister shall be excluded;
(2) Processed goods of gold bullion no longer usable due to deterioration or other causes, the value of which is represented mainly by the value of gold contained in the goods concerned;
(3) Scrap of gold bullion to be obtained in course of processing of gold bullion;
(4) Japanese or foreign coins; provided that, rare coins shall be excluded.
(Validity of Violation)
Article 13. Any transaction made in violation of the provision of paragraph 1 of the preceding Article shall be null and void.
CHAPTER V Supervision Over the Business of Processing of Bullion of Precious Metals for Dental Use, etc.
(License for Business of Processing of Bullion of Precious Metals for Dental Use)
Article 14. Without license of the competent Minister, no one shall engage in the business of processing of bullion of precious metals for dental use.
2 Any person who intends to obtain the license under the provision of the preceding paragraph shall apply to the competent Minister to that effect, in such form as may be determined by the competent Ministry Ordinance.
3 In any one of the following cases, the competent Minister may deny the application for license under the provision of paragraph 1:
(1) Where the applicant is subjected to punishment on the basis of this Law, and for whom two years have not elapsed from the date of action for such punishment;provided that as to the person having been subjected to imprisonment, where two years have not elapsed from the day on which the execution thereof was over or on which he was exempted from the execution thereof;
(2) Where the applicant was revoked of his license on the basis of this Law and for whom two years have not elapsed from the date of such revocation;
(3) Where sound opepation of business of processing of bullion of precious metals for dental use is deemed extremely difficult due to the lack of technical ability, funds or credence of the applicant.
4 In the case of the applicant being a juridical person, representative of a juridical person shall be regarded as the applicant in the application of items (1) and (2) of the preceding paragraph.
5 In the case of the applicant being a minor or a person adjudged incompetent, the legal proxy shall be regarded as the applicant in the application of paragraph 3 items (1) and (2) of;provided that the same shall not apply to such cases where the minor has the same ability as an adult in course of his business.
6 In cases where a person engaging in business of processing of bullion of precious metals for dental use was dead, the successor who has taken over the business shall be regarded as the person who has obtained the license as prescribed in paragraph 1. In this case, the successor concerned shall file with the competent Minister to that effect without delay, in such form as may be determined by the competent Ministry Ordinance.
(Filing of Ceasing or Disolution, etc. of Business)
Article 15. In case where a person engaging in business of processing of bullion of precious metals for dental use dissolve or cease his business, he shall immediately file to that effect with the competent Minister, in such form as may be determined by the competent Ministry Ordinance.
(Revocation of License and Suspension of Business)
Article 16. In cases where a person engaging in business of processing of bullion of precious metals for dental use violated the provisions of this Law or an Order of the competent Minister issued hereunder, the competent Minister may order to revoke his license, or to suspend his business for a specified period of time not exceeding six months.
2 In cases where the competent Minister intends to take such action under the provision of the preceding paragraph, he shall hold public hearing.
3 In cases where the competent Minister intends to hold public hearing under the provision of the preceding paragraph, he shall give the person engaging in business of processing of bullion of precious metals for dental use concerned a notice indicating the reasons for taking the action under the provision of paragraph 1 and the date and the place of public hearing not later than two (2) weeks prior to the date of such public hearing, and give a public notice on the place and the date of such public hearing.
4 In cases where the public hearing under the provision of paragraph 2 is held, the person engaging in business of processing of bullion of precious metals for dental use himself or his proxy may attend therein and defend himself or on his behalf, and present substatiating evidences.
5 Other than such case under the provisions of the preceding two paragraphs, the necessary matters for the procedure of the public hearing shall be determined by Cabinet Order.
(Measures in the case of Ceasing or Dissolution etc. of Business)
Article 17. In cases where a person engaging in business of processing of bullion of precious metals for dental use is dead and his successor has not taken over the business, or where a person engaging in business of processing of bullion of precious metals for dental use has dissolved or ceased his business, or has been ordered to revoke his license or to suspend his business, the competent Minister may order the said successor or a person formerly engaged in business of processing of bullion of precious metals for dental use to sell the bullion of precious metals for dental use owned thereby to the other person engaging in business of processing of bullion of precious metals for dental use. In this case, the selling price shall be the same as the price of the bullion of precious metals for dental use allocated in accordance with the provision of Article 11 paragraph 1, which was determined by the competent Minister in accordance with the provision of paragraph 7 of the same Article.
(License for Business of Sale of Bullion of Precious Metals for Dental Use)
Article 18. Without obtaining license of the Governor of To, Do, Fu or Prefecture, no person shall engage in business of sale of bullion of precious metals for dental use.
2 In cases where the Governor of To, Do, Fu or Prefecture has licensed the business of sale of bullion of precious metals for dental use in accordance with the provisions of preceding paragraph, he shall notice the competent Minister to that effect in accordance with the procedure as may be determined by the competent Ministry Ordinance.
3 The provisions of Article 14 paragraphs 2 to 6 inclusive, Article 15 to preceding Article inclusive shall apply mutatis mutandis to business of sale of bullion of precious metals for dental use and person engaging in business of sale of bullion of precious metals for dental use. In this case, "the competent Minister" as referred to in these provisions shall read "the Governor of To, Do, Fu or Prefecture" and "paragraph 1 of Article 11 referred to in preceding Article shall read" paragraph 3 of Article 11".
(Licensing)
Article 19. No person shall make application for licensing provided for in paragraph 1 of the preceding Article to more than one of the governors of To, Do, Fu and prefectures.
2 In cases where any person is issued a license provided for in paragraph 1 of the preceding Article from more than one of the governors of To, Do, Fu and Prefectures, all licenses concerned issued to such person shall be void.
3 In cases where any person makes an application for licensing provided for in Article 14 paragraph 2 (including the case where this applies mutatis mutandis in paragraph 3 of the preceding Article), he shall state in the application whether or not he has any substantial interest in any juridical person or other corporation, and if he has, whether or not any business relations exist between himself and a person having a substantial interest in such juridical person or other corporation.
4 In cases where the competent Minister or the governor of To, Do, Fu and prefecture issues license under the provision of Article 14 paragraph 1 or paragraph 1 of the preceding Article, he shall issue no license under these provisions, if in his judgement, more than one license for the same purpose will be substantially held for the principal use or benefit of the same person.
5 In cases where any person licensed under the provision of Article 14 paragraph 1 or paragraph 1 of the preceding Article has acquired a substantial interest in any juridical person or other corporation which obtained license in accordance with these provisions, he shall inform to that effect to the competent Minister or the governor of To, Do, Fu and prefectures within three months.
CHAPTER VI Miscellaneous Provisions
(Examption from Import Tax)
Article 20. Import tax shall be exempted for three (3) years on and after the date of enforcement of this Law, on commodities stipulated in the following items which are to be imported, upon duly certification by the competent Minister, by any person engaging in gold mining for the purpose of recovery of gold mining desolated by liquidation of gold mining in the war time:
(1) Commodities stipulated in the Annexed Table of this Law among those referred to in the Import Tariff Table, in the Annexed Table of the Customs Tariff Law (Law No.54 of 1910);
(2) Parts and accessories of instruments or machinery referred to in the preceding item;
(3) Motor and accessories thereof to be imported as attached to machinery referred to in item (1).
2 Competent Minister shall determine necessary procedure for certification and exemption from tax under the preceding paragraph.
Article 21. The Government may, in cases where a person engaging in gold mining, who has imported commodities on which import tax had been exempted under the provision of the preceding Article, performs actions stipulated in the following respective item, collect import tax from the person engaging in gold mining in accordance with the provisions of the Law for collection of national Tax (Law No.31 of 1897):
(1) Where the person engaging in gold mining used commodities on which import tax had been exempted for other purposes than those of gold mining;
(2) Where the person engaging in gold mining did not use commodities on which import tax had been exempted within one (1) year on and after the date of their importation.
(Report, Inquiry and Spot Inspection)
Article 22. The competent Minister may, within the limit necessary for enforcement of this Law, cause any one of the following person to submit a report in accordance with the procedures as may be determined by the competent Ministry Ordinance:
(1) Person engaging in business of processing of bullion of precious metals for dental use;
(2) Person engaging in business of sale of bullion of precious metals for dental use;
(3) Dentist;
(4) Person who is required to sell bullion of precious metals to the Government in accordance with the provisions of Article 3 or Article 4;
(5) Person who has purchased bullion of precious metals owned by the Government in accordance with the provisions of Article 7 and Article 9;
(6) Person who has applied the competent Minister in accordance with the provision of Article 12 paragraph 2;
(7) Person engaging in gold mining, who imported commodities on which import tax had been exempted in accordance with the provision of Article 20.
2 The competent Minister may have the official concerned inquire any one of the following person or his representative, proxy, employees or any other workers:
(1) Persons as mentioned in items (1) to (7) inclusive of the preceding paragraph;
(2) Person applied for purchase in accordance with the provision of Article 7;
(3) Person applied for license in accordance with the provision of Article 14 paragraph 2.
3 The competent Minister may have the official concerned make entry in any one of the following places, and make inspection of books, documents and/or other articles:
(1) Office, business place, plant or warehouse of persons as mentioned in the preceding paragraph;
(2) Place where precious metal minerals, precious metals residue, precious metals containing material or gold bullion and other bullion of precious metals is considered to be stored.
4 The Governor of To, Do, Fu or Prefecture may have the official concerned inquire any one of the following persons or his representative, proxy, employees or any other workers:
(1) Person engaging in business of sale of bullion of precious metals for dental use;
(2) Dentist;
(3) Person applied for license in accordance with the provision of Article 14 paragraph 2 which applies mutatis mutandis in Article 18 paragraph 3.
5 The Governor of To, Do, Fu or Prefecture may have the official concerned make entry in office, business place or warehouse of person as mentioned in the preceding paragraph or in such place where bullion of precious metals for dental use is considered to be stored, and make inspection of books, documents and/or other articles.
6 In cases where the official concerned intends to make spot inspection in accordance with the provision of paragraph 3 or the preceding paragraph, he shall carry with him a card identifying his status, and shall show the same to the interested persons.
7 The authority for inquiry under the provision of paragraph 2 or 4, or for spot inspection under paragraph 3 or 5 shall not be construed as has been given for criminal search.
(Competent Minister and Competent Ministry Ordinance)
Article 23. The competent Minister as referred to in the provisions of paragraph 6 of Article 2, Article 11, Articles 14 to 19 inclusive shall be the Minister of Welfare, the competent Minister in the provisions Article 20 shall be the Minister of International Trade and Industry, the competent Minister in the provisions of Articles 7 to 9 inclusive shall be the Minister concerned having jurisdiction over the business of the applicant under Article 7, the competent Minister in provisions of Article 22 shall be the Minister of Finance, Minister of Welfare and other Minister concerned having jurisdiction over the business of the applicant under Article 7 and competent Minister in the provisions of other Articles shall be the Minister of Finance.
2 The competent Ministry Ordinance as mentioned in the provisions of Articles 11, 14, 15 and 18 shall be the Ministry of Welfare Ordinance, the competent Ministry Ordinance in the provisions of Article 20 shall be the Ministry of Finance Ordinance and the Ministry of International Trade and Industry Ordinance, the competent Ministry Ordinance in the provisions of Articles 7 to 9 inclusive shall be the Ministry Ordinance issued by the Minister of Finance and other Minister concerned having jurisdiction over the business of the applicant under Article 7, the competent Ministry Ordinance in the provisions of Article 22 shall be the Ministry Ordinance issued by the Minister of Finance, Minister of Welfare and other Minister concerned having jurisdiction over the business of the applicant under Article 7, and the competent Ministry Ordinance in the provisions of other Articles shall be the Ministry of Finance Ordinance.
CHAPTER VII Penal Provisions
Article 24. Any person coming under any the following items shall be punished with penal servitude not exceeding three (3) years and or a fine not exceeding three hundred thousand yen (\300,000); provided that, if three times the price of the object involved in such violation exceeds three hundred thousand yen (\300,000), the fine shall not exceed three times such price:
(1) Person who, in violation of provision of Article 3 paragraph 1 or 2 (including the case where this applies mutatis mutandis in Article 4 paragraph 2) or Article 4 paragraph 1, failed to sell bullion of precious metals to the Government;
(2) Person engaging in business of processing of bullion of precious metals for dental use or person engaging in business of sale of bullion of precious metals for dental use who, transferred the bullion of precious metals for dental use to any person other than person engaging in business of sale of bullion of precious metals for dental use or dentist allocated in accordance with the provision of Article 11 paragraph 2 or 4;
(3) Person who, in violation of provision of Article 11 paragraph 5, used bullion of precious metals for dental use for any purpose other than dental treatment;
(4) Person who, in violation of provision of Article 12 paragraph 1, transacted, melted or processed gold bullion.
Article 25. Any person coming under any one of the following items shall be punished with penal servitude not exceeding two (2) years and/or a fine not exceeding two hundred thousand yen (\200,000):
(1) Person who, in violation of provision of Article 9 paragraph 2, changed the use without permission;
(2) Person who in violation of order under the provision of Article 9 paragraph 5, failed to sell bullion of precious metals;
(3) Person who, in violation of provision of Article 14 paragraph 1, engaged in processing of bullion of precious metals for dental use without obtaining license;
(4) Person who, in violation of Order under the provision of Article 17 (including the case where this applies mutatis mutandis in Article 18 paragraph 3, failed to sell bullion of precious metals for dental use;
(5) Person who, in violation of provision of Article 18 paragraph 1, engaged in business of sale of bullion of precious metals for dental use without obtaining license;
(6) Person who, in violation of provision of Article 19 paragraph 1, made application for licensing to more than one of the governors of To, Do, Fu and prefectures (however, only the case where he is issued a license from more than one).
Article 26. Any person coming under any of the following items shall be punished with a fine not exceeding fifty thousand yen (\50,000):
(1) Person who, in violation of provision of Article 9 paragraph 6, Article 14 paragraph 6 or Article 15 (including the case where this applies mutatis mutandis in Article 18 paragraph 3 or Article 19 paragraph 5 failed to file a statement or filed a false statement;
(2) Person who failed to make a report, or made a false report under the provision of Article 22 paragraph 1;
(3) Person who failed to make a statement against inquiry or made a false statement under the provision of Article 22 paragraph 2 or 4;
(4) Person who refused, obstructed or evaded the inspection under the provision of Article 22 paragraph 3 or 5.
Article 27. In case where a representative of a juridical person or a proxy, employee or other person in service of a juridical person or natural person commits the violations under the provision of the preceding three Articles for the business or property of the juridical person or natural person, not only the actual offender but also such juridical person or natural person shall be punished with a fine under the Article concerned; provided that, this shall not apply to the case where it is proved that due care and supervision has been exercised over the business in order to prevent the aforesaid violation committed by his proxy, employee or other person.
Article 28. In cases where any bullion of precious metals, bullion of precious metals for dental use or gold bullion, used in the criminal act mentioned in Article 24 or 25, and is owned or possessed by the offender, it shall be confiscated.
2 In cases where any person other than the offender has acquired any bullion of precious metals, bullion of precious metals for dental use or gold bullion mentioned in the preceding paragraph after the committal of the offence, it shall be confiscated unless he is proved to have acquired it bona fide.
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation.
2. The Laws or Orders as enumerated below shall be abolished.
The Gold Production Law (Law No.59 of 1937)
The Enforcement Ordinance of the Gold Production Law (Imperial Ordinance No.454 of 1937)
Ordinance concerning control of Transactions, etc. of Gold, Silver or Platinum (Imperial Ordinance No.577 of 1945)
The Enforcement Ordinance of Ordinance concerning Control of Transaction, etc. of Gold, Silver or Platinum (Ministry of Finance Ordinance No.87 of 1945)
Cabinet Ordinance concerning Book-keeping and Report in regard to Transaction, etc. of Bullion of Precious Metals (Cabinet Order No.292 of 1949).
3. In regard to application of penal provisions to any action taken before the time of the enforcement of this Law the precedents under the former provisions shall still apply.
4. In cases where the permission of the Minister of Finance as provided for in Article 1 paragraph 1 of the old Ordinance concerning Control of Transaction, etc. of Gold, Silver or Platinum in regard to transaction or action under the provision of the same paragraph has been obtained before the time of the enforcement of this Law, it shall be deemed that the permission of the competent Minister under the provision of Article 12 paragraph 1, was obtained with respect to the transaction or act concerned.
5. In case where the application to the Minister of Finance has been actually made in accordance with the provision of Article 1 of the old Enforcement Ordinance of Ordinance concerning Control of Transaction, etc. of Gold, Silver or Platinum before the time of the enforcement of this Law, it shall be deemed that the application to the competent Minister was made in accordance with the provision of Article 7 or Article 12 paragraph 2.
6. Persons who actually engage in business of processing of bullion of precious metals for dental use, or business of sale of bullion of precious metals for dental use, who intend to continue such business after the enforcement of this Law, shall, within one (1) month from the enforcement of this Law, apply the competent Minister or the Governor of To, Do, Fu or Prefecture for approval in compliance with the provision of Article 14 paragraph 2 (including the case where this applies mutatis mutandis in Article 18 paragraph 3).
7. The provisions of Article 14 paragraphs 3 to 5 inclusive and Article 19 paragraph 3 shall apply mutatis mutandis to the case of the preceding paragraph.
8. Persons who applied in accordance with the provision of paragraph 6 and obtained the license of the competent Minister or the Governor of To, Do, Fu or Prefecture shall be deemed to be persons who obtained the license under the provision of Article 14 paragraph 1 or Article 18 paragraph 1.
9. Persons who actually engage in business of precessing of bullion of precious metals for dental use, or business of sale of bullion of precious metals for dental use may perform such business until one (1) month elapses after the enforcement of this Law (in case of persons who have applied for approval under paragraph 6, until the day on which approval or disapproval is notified from the competent Minister or the Governor of To, Do, Fu or Prefecture) regardless the provision of Article 14 paragraph 1 or Article 18 paragraph 1.
Annexed Table
Import Tariff Table in the Annexed Table of the Customs Tariff Law
Product Exempted from Taxation
No.
Name of Article
95
Vegetal Essential Oils Pine Oil|||2. Others ||||B. Others
229
Drugs, Chemicals, Medicines, not mentioned in other category numbers.
Lime Cyanide Chemicals for Ore Flotation
230
Mixtures of Drugs, Chemicals, Medicines (not mentioned in other category numbers).
Chemicals for Ore Flotation
462-(2)
Special Steel.
Drill Steel
584
Capstan, Winch, Windlass, and other Winding Machines than those not mentioned in other category numbers.
Slusher Hoist
595
Pneumatic Tools and Pneumatic Machines.
Drifter
604
Machines, not mentioned in other category numbers.
Boring Machines, Physical Prospecting Instruments, Air Stowing Machines Ore Concentrating Machines, Cyanide Refining Machines
Attorney-General UEDA Shunkichi
Minister of Finance, pro tempore Minister of State UEDA Shunkichi
Minister of Education TAKASE Sotaro
Minister of Welfare HAYASHI Joji
Minister of Agriculture and Forestry MORI Kotaro
Minister of International Trade and Industry TAKASE Sotaro
Minister of Transportation OYA Shinzo
Minister of Telecommunications OZAWA Saeki
Minister of Construction MASUTANI Shuji
Prime Minister YOSHIDA Shigeru