CHAPTER I General Provisions

(Business) Article 1. The marine procedure commission agent shall make it his business to take, on other person's commission and for a remuneration, procedures for the application, report, registration and other matters required by the marine law and orders specified in Annexed List No.2, to the administrative organs specified in Annexed List No.1, to prepare a document or documents relating thereto and to give suggestion to others on these procedures.

(Qualification) Article 2. Any person who falls under any of the following items is qualified to become a marine procedure commission agent: (1) He who has passed the examination for marine procedure commission agents; (2) He who has been for not less than ten years engaged in the business concerning maritime affairs at the administrative agency and whom the Minister of Transportation has certified to have within the scope of his experience in general maritime affairs the equivalent knowledge thereof as should be required of a marine procedure commission agent.

(Disqualification) Article 3. Any person who falls under any of the following items is not allowed to become a marine procedure commission agent: (1) A minor; (2) An incompetent person, or a quasi-incompetent person; (3) He who has been sentenced to imprisonment or a heavier punishment, and with whom two years have not passed since the day when the execution of the sentence was finished or when he was relieved of such execution; (4) He who has been dismissed from office by way of a disciplinary measure under the provisions of the National Public Service Law (Law No.120 of 1947) or the Local Public Service Law (Law No.261 of 1950), and with whom two years have not passed since the day when the said measure was taken; (5) He who has had his registration cancelled by way of a disciplinary measure under the provisions of Article 25 paragraph 1, and with whom five years have not passed since the time when the said measure was taken.

CHAPTER II Examination for Marine Procedure Commission Agent

(Holding of Examination) Article 4. The examination for marine procedure commission agent (hereinafter referred to as "the examination" ) shall be held by the Minister of Transportation once every year.

(Method of Examination) Article 5. The examination shall be given on the following subjects, either in writing or orally, for the purpose of testing the ability of the candidate as marine procedure commission agent: (1) General knowledge of law; (2) Technical knowledge of laws and orders relating to maritime affairs; (3) Practical knowledge needed in conducting the business of the marine procedure commission agent. 2 Five persons who are in good standing and of broad experience in the marine procedure commission business, shall be consulted in determining the rules, the subject matter, and the results of the examination. 3 The highest regard shall be given to their opinion to assure fair and equal opportunity to enter the business.

(Certificate of Examination) Article 6. Any person who has passed the examination shall receive a certificate testifying that he has passed the examination concerned.

(Examination Fee) Article 7. Any person who intends to take the examination shall pay the examination fee of five hundred yen. 2 The examination fee which has been paid in accordance with the provision of the preceding paragraph shall not be returned even if the examination has not been taken.

CHAPTER III Registration

(Register Book of Marine Procedure Commission Agents) Article 8. The Chief of Regional Maritime Bureau (meaning the Chief of Regional Maritime Bureau as provided for in Article 39 of the Ministry of Transportation Establishment Law (Law No.157 of 1949);hereinafter the same) shall keep the register book of marine procedure commission agents prepared in the form to be fixed by Ministry of Transportation Ordinance, for the purpose of effecting the registration as prescribed in the following Article to Article 12 inclusive. 2 The Minister of Transportation shall prepare a national register book of procedure commission agents on the basis of the register book of marine procedure commission agents to be kept by each Chief of Regional Maritime Bureau in accordance with the provision of the preceding paragraph.

(Registration) Article 9. In cases where any person intends to become a marine procedure commission agent, he shall have the following matters registered in the register book of marine procedure commission agents: (1) Full name; (2) Date of birth; (3) Location of his office; (4) Seal to be used for his business; (5) Serial number of the certificate referred to in Article 6 (only for the persons falling under Article 2 item (1)). 2 When a person qualified to become a marine procedure commission agent has applied for registration in accordance with the provision of the preceding paragraph, the Chief of Regional Maritime Bureau shall, except in case the said applicant falls under any of the disqualifications, effect the registration without delay.

(Registration of Establishment of New Office) Article 10. No marine procedure commission agent shall establish a new office unless he has obtained the approval of the Chief of Regional Maritime Bureau who has the jurisdiction over the location of his previously established office through procedures to be fixed by Ministry of Transportation Ordinance and also he has had the matters as enumerated in paragraph 1 items (1) to (3) inclusive of the preceding Article and the seal which was registered in accordance with the provision of the same paragraph, registered in the register book kept by the Chief of Regional Maritime Bureau having jurisdiction over the place where the office is intended to be established. 2 When the Chief of Regional Maritime Bureau finds that the establishment of a new office may prevent the marine procedure commission agent concerned from personally conducting his business in good faith and with promptitude, he shall not grant the permission prescribed in the preceding paragraph.

(Alteration in Registered Matters) Article 11. When any alteration has arisen in the registered matters as enumerated under the items of Article 9 paragraph 1, the marine procedure commission agent concerned shall file with the Chief of Regional Maritime Bureau an application for registration of alteration within seven days from the day when the said alteration arose. 2 When the Chief of Regional Maritime Bureau has received the application prescribed in the preceding paragraph, he shall effect the registration of alteration without delay.

(Cancellation of Registration) Article 12. In the case falling under any of the following items, the Chief of Regional Maritime Bureau shall cancel the registration of the marine procedure commission agent: (1) When a marine procedure commission agent has discontinued his business; (2) When a marine procedure commission agent has died; (3) When a marine procedure commission agent has come to fall under any of items (2) to (4) inclusive of Article 3.

(Report on the Discontinuance of Business, etc.) Article 13. When the marine procedure commission agent has discontinued his business or when he has died, such marine procedure commission agent or his successor shall submit a report to that effect to the Chief of Regional Maritime Bureau who has jurisdiction over the location of his office.

(Perusal of Register Book, etc.) Article 14. Any person is allowed to request the Minister of Transportation or the Chief of Regional Maritime Bureau for perusing the national register book of marine procedure commission agents or the register book of marine procedure commission agents.

(Registration Fee) Article 15. In case of the registration of Article 9 paragraph 1 registration fee of one thousand yen, shall be paid, in case of the registration of Article 10 paragraph 1 that of five hundred yen and in case of the registration of Article 11 paragraph 1 that of two hundred yen, respectively.

(Details of Registration) Article 16. Necessary matters of procedure and form concerning the registration of marine procedure commission agent other than those provided for by this Law shall be provided for by Ministry of Transportation Ordinance.

CHAPTER IV Business of Marine Procedure Commission Agents

(Control of the Persons Other than the Marine Procedure Commission Agent) Article 17. Any person other than a marine procedure commission agent shall be prohibited to do the action as provided for in Article 1, on other persons'commission and for a remuneration, as his business;provided that this shall not apply to the case as otherwise provided for by other laws and orders. 2 Any person other than a marine procedure commission agent shall not use the title to denote a marine procedure commission agent or any other title likely to be confused with it.

(Duty of Good Faith, etc.) Article 18. Any marine procedure commission agent shall make is his principle to personally execute his business in good faith and with promptitude.

(Duty of Keeping Secret) Article 19. Except in cases as otherwise provided for by a law, any marine procedure commission agent shall not leak out to others any secret which came to his knowledge in the course of his business. The same shall apply to the person who has discontinued to be a marine procedure commission agent.

(Seal to be Used for Business) Article 20. Any marine procedure commission agent shall use the seal registered in accordance with the provision of Article 9 paragraph 1 when he uses a seal in conducting his business.

(Ledger of Affairs Handled) Article 21. Any marine procedure commission agent shall keep a ledger of affairs handled, in conformity with the form to be fixed by Ministry of Transportation Ordinance, and enter therein the following items: (1) Outline of the affairs handled; (2) Names or titles and addresses of trusters; (3) Amount of remuneration which he received from trusters. 2 The ledger prescribed in the preceding paragraph shall be preserved for three years reckoning from the day when the last entry was made in the ledger.

(Fees) Article 22. Any marine procedure commission agent shall fix the amounts of fees to be charged and make a report thereof to the Chief of Regional Maritime Bureau. This shall also apply to the case of alteration thereof. 2 The amounts of fees referred to in the preceding paragraph shall be based on fair and reasonable compensation for the service which includes normal cost and reasonable profit for the service and shall make no discrimination against specific persons. 3 When any truster, any other marine procedure commission agent or any other interested person deems the amounts of fees referred to in paragraph 1 to be unconformable to the provision of the preceding paragraph, he may file written complaint, showing reasons therefor, with the Chief of Regional Maritime Bureau asking him to order the marine procedure commission agent concerned to alter them. 4 When the Chief of Regional Maritime Bureau deems the amounts of fees reported in accordance with the provision of paragraph 1 to be unconformable to the provision of paragraph 2, or when he finds that the complaint referred to in the preceding paragraph is not frivolous, he shall hold a public hearing at the date and place which he shall notify, in advance, to the marine procedure commission agent concerned, in order to give the said marine procedure commission agent a full opportunity to be heard and present testimony to the effect that the amounts of fees are not against the standards set in paragraph 2. At the conclusion of hearing, if the Chief of Regional Maritime Bureau finds that the complaint has been justified, he may order the said marine procedure commission agent to alter the amounts of fees, furnishing him with the reasons therefor. 5 The provisions of the preceding two paragraphs shall apply mutatis mutandis to the fees having become unconformable to the provision of paragraph 2 owing to a remarkable change in situation.

Article 23. The marine procedure commission agent shall post the amounts of fees, which have been reported in accordance with the provision of the preceding Article paragraph 1, in his office in a manner easily recognizable to the public.

Article 24. The marine procedure commission agent shall not receive the fees which are higher or lower than those reported in accordance with the provision of Article 22 paragraph 1.

(Disciplinary Measures) Article 25. In cases where any marine procedure commission agent has contravened this Law or a measure taken thereunder, the Chief of Regional Maritime Bureau may take any of the disciplinary measures as are specified in the following items: (1) Reproof; (2) Suspension of business for a term not exceeding one year; (3) Cancellation of registration. 2 In case the Chief of Regional Maritime Bureau intends to take the disposition under the preceding Article paragraph 1 items (1) to (3) inclusive, he shall hold a public hearing. 3 In case the Chief of Regional Maritime Bureau holds the public hearing as provided for in the preceding paragraph, he shall give the marine procedure commission agent concerned seven days'previous notice of the reason for the intended disposition as well as the date and place of the public hearing. 4 At the public hearing the marine procedure commission agent concerned or the proxy thereof shall be given full opportunity to express his opinion and produce evidence in behalf of himself or the principal.

(Report) Article 26. The Chief of Regional Maritime Bureau may, when he deems it necessary for enforcing this Law, require the marine procedure commission agent concerned to submit a report on his business. 2 In the case of the preceding paragraph, the Chief of Regional Maritime Bureau shall give the said marine procedure commission agent necessary cooperation for his reporting.

CHAPTER V Penal Provisions

Article 27. Any person who has violated the provision of Article 17 paragraph 1 or who has conducted the business in violation of the disciplinary measure under the provision of Article 25 paragraph 1 item (2) shall be liable to penal servitude not exceeding six months or a fine not exceeding twenty thousand yen.

Article 28. Any person who has violated the provision of Article 17 paragraph 2 shall be liable to a fine not exceeding five thousand yen.

Article 29. Any person who has violated the provision of Article 19 shall be liable to penal servitude not exceeding six months or a fine not exceeding five thousand yen. 2 The prosecution for the offence referred to in the preceding paragraph shall take place only upon the complaint of the injured party.

Article 30. Any person who has failed to make report in violation of the provision of Article 26 paragraph 1 or who has made a false report shall be liable to a fine not exceeding five thousand yen.