Law for Partial Amendments to the Customs Law
法令番号: 法律第76号
公布年月日: 昭和26年3月31日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Customs Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-sixth year of Showa (March 31, 1951)
Prime Minister YOSHIDA Shigeru
Law No.76
Law for Partial Amendments to the Customs Law
The Customs Law (Law No.61 of 1899) shall be partially amended as follows:
Article 11 shall be amended as follows:
Article 11. No ship carrying foreign goods shall, except in cases where permission has been obtained from the superintendent of customs, have the cargo loaded or unloaded, unless the manifest or waybill has been submitted;provided however, that this shall not apply to passenger's baggage and mail-matter.
In Article 17, "unless the previous notice is filed to the Customs" shall be amended as "unless special permission has been obtained previously from the superintendent of customs" .
In Article 26 paragraph 1, "The notice concerning the matter shall previously be filed to the Customs" shall be amended as "the special permission of the superintendent of customs shall be obtained" .
In the main clause of Article 32, "or import declaration shall be accompanied with an invoice" shall be amended as "shall be accompanied with an invoice, and the import declaration with an invoice and/or such other documents as is necessary to the decision on the value for assessment of duty, and the bill of lading" ;and in the proviso to the same Article, "an invoice" shall be amended as "such documents" .
In Article 46 paragraph 2, "the preceding paragraph" shall be amended as "paragraph 1" ;and the following one paragraph shall be added next to paragraph 1:
With respect to the goods taken into custody in accordance with the provision of the preceding paragraph, storage dues shall, in accordance with the provisions of Cabinet Order, be collected at the rate as fixed by Cabinet Order on the basis of the volume, weight, period of custody, etc.
In Article 48, "under Article 46 paragraph 2" shall be added next to "the storage dues" .
In Article 62 paragraph 1, "within one month as from the day of request," shall be added next to "the Superintendent of Custom House shall" .
Article 68 and Article 69 shall be amended as follows:
Article 68. The complainant dissatisfied with the decision made by the superintendent of custom house under Article 62 may, within a month as from the day of decision, submit to the Minister of Finance a written appeal setting forth therein grounds of his dissatisfaction.
Article 69. The Customs Duties Appeal Review Committee shall be established for the purpose of reviewing appeals under the preceding Article.
The Committee shall be composed of a chairman and members not exceeding eight in number.
The Chairman and members of the Committee shall be appointed by the Minister of Finance from among personnel of government agencies concerned and persons of learning and experience, and their tenure of office shall be two years.
The Chairman and members shall serve parttime.
The following one paragraph shall be added to Article 70:
The member shall not take part in the de liberation of matters he has interests in.
Article 71 shall be deleted;in Article 72, "and passed a resolution" , shall be added next to "completed its examinations" ;Article 72 shall be made Article 71;and the following one Article shall be added next to the same Article:
Article 72. Other than those provided for in Article 69 to the preceding Article inclusive, matters necessary to the organization and operation of the Committee shall be determined by Cabinet Order.
Article 73 shall be amended as follows:
Article 73. The Minister of Finance shall take a decision on the appeal, on the basis of the resolution under Article 71.
The complainant, who is dissatisfied with the decision of the Minister of Finance under the preceding paragraph, may take the case to court.
In Article 75 paragraph 3, "Import Tariff Table No.412-2" shall be amended as "Import Tariff Table No.1211-2" .
In Article 79, "or overland transporter" shall be amended as "overland carrier, export or import declarant" ;item 1 of the smae Article shall be made item 4 of the same Article;and the numbering of the subsequent items shall be moved by three;and the following three items shall be added to the same Article as items 1, 2 and 3:
1. In case the declaration made under the provisions of Article 31 is false;
2. In case the certification made under the provisions of Article 31-(3) is false;
3. In case the accompanying documents submitted under the provisions of Article 32 are false.
In Article 81, "Article 17" shall be amended as "Article 11 or 17" .
In Article 82-(3), "Article 79 item 1 or 3" shall be amended as "Article 79 items 1 to 4 inclusive or item 6" .
The following one Article shall be added next to Article 85:
Article 85-(2). Any person, who has found an article regarded as involved in offence under Articles 74 to 76-(2) inclusive, shall promptly submit such article to the nearest customs office, or police station irrespective of the provisions of the Law concerning the Lost Articles and the Sea Casualities Rescue Law.
In the case where police officer, police official or mayor of city, town or village regards the articles submitted in accordance with the provision of the preceding Article, or the lost articles, driftages or submerged articles taken in his custody in accordance with the provisions of the Laws under the preceding paragraph, as the article coming under the provision of the preceding paragraph, he shall submit them to the nearest customs office at once.
In Article 86, "or those articles which have been found hidden or abandoned by suspected of-fender of customs laws and regulations and those articles which have been submitted or delivered in accordance with the provisions of the preceding Article" shall be added next to "documents, etc. which have been optionally submitted by those persons" .
Article 86-(2) and Article 86-(3) shall be made Article 86-(3) and Article 86-(4) respectively;and the following one Article shall be added next to Article 86:
Article 86-(2). The superintendent of custom house shall, in case it becomes unnecessary to keep retaining the articles, books, documents and others which have been hold in custody in accordance with the provisions of the preceding Article, return them to the person entitled to such return.
In case the article, which has been returned in accordance with the provision of the preceding paragraph, is the one submitted or delivered in pursuance of the provisions of Article 85-(2), the receiver in such article shall pay the finder of such article an amount not less than five-hundredths and not more than twenty-hundredths of the value of such article as reward;provided however, that any finder of such article, who has failed, within seven day as from the day of the finding, to go through the formalities under Article 1 paragraph 1 or Article 11 paragraph 1 of the Law concerning the Lost Articles, Article 24 paragraph 1 of the Sea Casualities Rescue Law, or Article 85-(2) paragraph 1 of this Law, and any person, who has found such article in the course of his official duty, shall not claim for such reward.
When, on account of the unknown whereabout of the person, who is entitled to the return of article under the provision of paragraph 1, or for, other reasons, the return of such article is unable to be effected, the superintendent of custom house shall make public notice to that effect.
In case no claim for the return has been made within six months as from the day of the public notice as provided for in the preceding paragraph, the article shall revert to the Treasury.
In case the article under paragraph 1 is live animal or plant, or is rotten or feared to rot, or do damage to the warehouse or the other articles stored therein, it may be put on public sale irrespective of the time limit under the preceding paragraph.
The provisions of Article 6 of the Law concerning the Lost Articles and the provisions of Articles 51-(2) and 52 of the Customs Law shall apply mutatis mutandis to the claim for reward under paragraph 2 and the public sale under the preceding paragraph respectively.
In Article 93, "attachment" shall be added next to "search" .
In Article 94, "or minor fine" shall be deleted.
In Article 98 paragraph 1, "Article 74, 75, 76 or 76-(2)" shall be amended as "Articles 74 to 76-(2) inclusive" , "10%" as "20%" , and "200,000 yen" as "500,000 yen" respectively;and the following two paragraphs shall be added to the same Article:
In the case where an article involved in the suspected violation under any of Articles 74 to 76-(2) inclusive was delivered to the customs office, the police station, or the mayor of city, town or village, if such article has reverted to the Treasury, an amount of money not exceeding twenty-hundredths of the value of such article may be given as reward;provided however, that, the amount of such reward shall not exceed 500,000 yen in any case.
The provision of the preceding paragraph shall not apply to the case where the article provided for in the said paragraph, has been found by a person through illegal act or by the public service personnel in the course of his duty.
The following two paragraphs shall be added to Article 101-(2):
The customs official may, at the factory using the articles exempted from import duty in accordance with the provisions of Article 9 of the Customs Tariff Law or at its storing place, examine raw materials, manufactured goods, by-products, manufacturing tools and machines, or books and documents relating thereto.
The customs official may, at the factory using the articles exempted from import duty in accordance with the provision of Article 10 paragraph 1 of the Customs Tariff Law or at its storing place, examine such articles or the books and documents relating thereto.
Articles 101-(7) and 101-(8) shall be amended as follows:
Article 101-(7). The custom house shall be opened temporarily for those who have been specially permitted by the superintendent of custom house to do business on Sunday, holiday and outside the regular hours of business on any day other than Sunday and holiday.
Article 101-(8). The superintendent of customs shall despatch customs officials to the private bonded areas and the places provided for in Article 101-(2) paragraph 3.
Article 101-(9). Any person, who has obtained the approval under Article 10 paragraph 2 of the Customs Tariff Law, shall, in accordance with the provisions of Cabinet Order, pay the despatch fee at the rate prescribed by Cabinet Order and on the basis of the number of customs officials to be despatched in accordance with the provision of the preceding paragraph and the duration of despatch.
Article 101-(10). Any person, who has obtained the special permission under Article 17, Article 18 paragraph 1, Article 26, Article 29-(2) Article 31-(2) or Article 101-(7), shall, in accordance with the provisions of Cabinet Order, pay the special permission fee.
The amount of the special permission fee under the preceding paragraph shall be determined on the basis of the number of hours, for which the custom house is opened for business on Sunday, holiday, or outside the regular hours of business on any day other than Sunday and holiday, in the case of a fee to be paid by the person who has obtained the special permission under Article 17, Article 26 or Article 101-(7), or on the basis of the net tonnage of the foreign trade vessed in the case of a fee to be paid by the person who has obtained the special permission under Article 18 paragraph 1, or by applying mutatis mutandis the provision of the preceding Article in the case of a fee to be paid by the person who has obtained the special permission under Article 29-(2), and on the basis of the number of hours required for the examination in the case of a fee to be paid by the person who has obtained the special permission under Article 31-(2).
Article 101-(11). The uniform regulations for the customs personnel shall be prescribed by Cabinet Order.
In "Name of Harbors" column of the Annexed Table, "Fushiki-Higashi-iwase" and "Ebisu" shall be amended as "Fushiki-Toyama" and "Ryotsu" respectively.
Supplementary Provision:
This Law shall come into force as from April 1, 1951.
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru