(Purpose)
Article 1. The purpose of this Law is to create a sound basis for foreign investment in Japan, by limiting the induction of foreign investment to that which will contribute to the self-support and sound development of the Japanese economy and to the improvement of the international balance of payments;by providing for remittances arising from foreign investment, and by providing for adequate protection for such investments.
(Principle concerning Foreign Investment)
Article 2. Foreign investment shall be promitted to be as free as possible, the system of validation and filing of report pursuant to the provisions of this Law shall be relaxed and eliminated gradually as the necessity for such measures decreases.
(Definitions)
Article 3. In order to make uniform the application of this Law and orders issued thereunder, the following terminology shall be defined to mean:
(1) "Foreign investors" shall mean:
a. "Exchange non-residents" (excluding juridical persons) as defined in Article 6, item (1) of the Foreign Exchange and Foreign Trade Control Law (Law No.228 of 1949)
b. Any juridical person (corporate body, enterprise) established under foreign law, or having its seat or place of administration in foreign countries, except those designated by the Foreign Investment Commission.
c. Any juridical person (corporate body, enterprise), wholly owned, directly or indirectly, by a person or persons as specified in either item a. or b. above.
d. Any juridical person (corporate body, enterprise), which is in fact controlled by a person or persons as specified in either item a. or b. above.
e. In addition to those as specified in any one of the items a. through d. above, a person or persons as mentioned in Article 2 paragraph 1 of the Cabinet Order concerning the Acquisition of Properties and/or Rights by Foreign Nationals (Cabinet Order No.51 of 1949).
(2) "Japan," "foreign countries," national currency, "foreign currency," "exchange residents," "foreign means of payment" and "property" shall mean "Japan," "foreign countries," "national currency," "foreign currency," "exchange residents," "foreign means of payment" and "property" as defined in Article 6 paragraph 1 of the Foreign Exchange and Foreign Trade Control Law;
(3) "Technological assistance contracts" shall mean contracts concerning the transfer of patent or utility model rights or technologies, license agreement thereof, assistance concerning technical and factory management, and others designated by the Foreign Investment Commission (hereinafter referred to as "technological assistance" ), the period covering the payment in return of which is in excess of one year, or in excess of one year in the aggregate as the result of renewal or renewals.
2 In case of doubt as to whether or not a juridical person (corporate body, enterprise) comes under a juridical person stipulated in item (1) c. or d. of the preceding paragraph, it shall be determined by the Foreign Investment Commission.
(Balance of Payments Statement of External Assets and Liabilities)
Article 4. The Minister of Finance shall, as provided for by Cabinet Order, prepare and maintain a balance of payments statement of external assets and liabilities.
2 The Minister of Finance shall submit periodically to the Cabinet the statement prescribed in the preceding paragraph.
3 The Minister of Finance may, as provided for by Cabinet Order, request the government agencies and others concerned to submit data necessary for the drafting of the statement prescribed in paragraph 1.
(Measures to be Taken When External Liabilities become Excessive or When There is Danger of Default)
Article 5. In the event that the amount of external liabilities against the amount of external assets has become excessive and as a consequence a danger exists that necessary payment to a foreign country (including payment by foreign means of payment;hereinafter the same) arising from new investment of foreign capital cannot be made, the Minister of Finance shall report to the Cabinet.
2 In the event that the report mentioned in the preceding paragraph is made, the Foreign Investment Commission or the competent Minister shall not licence, validate, approve, or take other administrative action concerning the assuming of new obligations to foreign investors, or the new payment to a foreign country arising from such new obligations, until the Cabinet has decided on the policy to be followed with regard to the said report.
3 In the event that the Cabinet has decided its policy based on the report prescribed in paragraph 1, the Foreign Investment Commission or the competent Minister shall follow such policy when licensing, validating, approving or taking other administrative action concerning the assuming of new obligations to foreign investors, or the new payment to a foreign country arising from such new obligations.
4 The provisions of the preceding two paragraphs shall not be construed to impair the rights acquired by foreign investors on the basis of license, validation, approval and/or other administrative action taken by the Foreign Investment Commission, or by the competent Minister in accordance with the provisions of this and other laws and regulations.
(Measures regarding Foreign Exchange Budget)
Article 6. The Ministerial Council shall, upon consideration of the balance of payments statement prescribed in Article 4, appropriate in the foreign exchange budget the amount within which payment to a foreign country may be made of obligations assumed as the result of contracts prescribed in this Law.
(Announcement of Technological Assistance Desired)
Article 7. The Foreign Investment Commission shall, in accordance with its Regulation, make public a list of the kinds of technologies concerning which technological assistance from foreign investors is desired.
2 The Foreign Investment Commission may revise from time to time the list made public in accordance with the provision of the preceding paragraph.
(Standards of Validation, License or Recommendation)
Article 8. The Foreign Investment Commission or the Minister of Finance shall apply the following standards on validating or licensing contracts prescribed in this Law, and preference shall be given to those which will most speedily and effectively contribute to an improvement of the international balance of payments:
(1) Directly or indirectly contributing to the improvement of the international balance of payments;
(2) Directly or indirectly contributing to the development of essential industries or public enterprises;
(3) Necessary for the revival or continuation of existing technological assistance contracts concerning essential industries or public enterprises.
2 The Foreign Investment Commission or the Minister of Finance shall not validate or license contracts prescribed in this Law which fall under any one of the following paragraphs:
(1) Contracts the provisions of which are not fair, or are in contravention of laws and regulations;
(2) Contracts which are deemed to be entered into or renewed in a manner not free from fraud, duress or undue influence;
(3) When deemed to have an adverse effect on the rehabilitation of Japanese economy;
(4) In the event that national currency is used in payment for the acquisition of debentures, claimable assets arising from loans, stock or proprietary interest, unless the said national currency is that which has been legally acquired from exchange of foreign means of payment for the purpose of the said acquisition, or that which has been obtained through authorized business activities in Japan, or otherwise legally obtained.
3 The provisions of the preceding two paragraphs shall apply mutatis mutandis in the event that the Foreign Jnvestment Commission recommends license, validation or approval pursuant to the provisions of this law.
Article 9. In the event that a foreign investor desires to receive payment in return for technological assistance, interest or amortization of principal of debentures or claimable assets arising from loans, by payment to a foreign country, the said effect shall be so stated in the contracts concerning technological assistance, subscription to debentures, or loans.
2 In the event that a foreign investor desires to receive payment of dividends, interest or amortization of principal of debentures, by payment to a foreign country, the said effect shall be so stated in the applications to the Foreign Investment Commission for validation of acquisition of stock, proprietary interest, or debentures from which such dividends, interert or amortization of principal arise.