The Law concerning Control of Export Commodities (Law No.153 of 1948) shall be partially amended as follows:
Article 2 shall be amended as follows:
(Definition)
Article 2. The term "export commodities" as used in this Law shall mean goods produced, processed, collected or held for the purpose of exporting; "exporters" shall mean those who export the export commodities or transfer them to the Government as export commodities;and "manufacturer" shall mean those who produce or process the export commodities.
In Article 4, "and the competent Minister may establish the mode to indicate that the commodities are up to these standards or requirements" shall be added next to "they might be expected to be used" .
In Article 6 paragraph 1, "exporter or manufacturer" shall be amended as "exporter or manufacturer of export commodities concerned" .
In Article 7 paragraph 1, "exporter or manufacturer" shall be amended as "exporter or manufacturer of export commodities concerned" , and "in the mode fixed by the competent Minister" shall be amended as "in the mode fixed in accordance with the provisions of the same Article" .
In Article 7-(2) paragraph 1, "the enforcement of the provisions of the preceding two Articles" shall be amended as "the enforcement of the provisions of Article 6 to Article 7-(2) inclusive and preceding four Articles" , "inspect the export commodities concerned" as "inspect the export commodities concerned, the machines, tools or other equipment of the registered person used for executing the business of putting the indication, or books under Article 7-(7) paragraph 3" , "and to determine the time of export" , as "to determine the time of export or the matters to be indicated in accordance with the provision of Article 7-(2) paragraph 1" , and next to "the submission of report concerned" . "to the exporters or manufacturers who put indication in accordance with the provisions of Article 6 or 7 or the registered persons." shall be added;and to the same Article, the following heading shall be added, and the same Article shall be made Article 7-(9):
Next to Article 7, the following seven Articles shall be added:
Article 7-(2). The export commodities, which were designated in accordance with the provisions of Article 3 or Article 4 and belong to items designated by the competent Minister as requiring the special machines, tools or other equipment and knowledge and experience for putting indication under the provisions of Article 6 or the preceding Article, shall not be exported or transferred to the Government as export commodities, after the lapse of 60 days from the day of the designation, notwithstanding the provision of Article 6 paragraph 1 or paragraph 1 of the preceding Article, unless indication is made by the person who received the registration made by the competent Minister on each item (hereinafter referred to as the "registered person" ) or the Government agency in the mode fixed in accordance with the provisions of Article 3 or Article 4, and, the date of indication and the name or title of person who put the indication.
2 The provisions of Article 6 paragraph 2 and paragraph 2 of the preceding Article shall apply mutatis mutandis to the case in which the registered person or the Government agency puts indication in accordance with the provisions of the preceding paragraph.
(Registration)
Article 7-(3). Any person who intends to receive the registration under paragraph 1 of the preceding Article shall submit to the competent Minister an application on each item of the export commodities for which he intends to receive the registration following the procedures to be prescribed by order.
Article 7-(4). Any person who comes under one of the following items shall not receive the registration under Article 7-(2) paragraph 1:
(1) A person who has been sentenced to a fine or heavier penalty by committing a crime provided for by this Law and has yet to pass one year from the day on which his sentence has completely been served or has become unenforceable;
(2) A person who has his registration cancelled in accordance with the provision of Article 7-(6) paragraph 1 and has yet to pass one year after the day of cancellation;
(3) A juridical person, one of whose executive officers comes under one of the preceding two items;
(4) Trade associations or officers or managers thereof who are not exempt from the application of the provisions of Articles 4 and 5 of the Trade Association Law (Law No.191 of 1948).
Article 7-(5). The competent Minister shall, when he has received the application for registration based on the provisions of Article 7-(3), make registration if he finds that application conforms to each of the following items:
(1) The business of putting the indication in accordance with the provision of Article 7-(2) paragraph 1, is executed using machines, tools or other equipment the kinds and capacities of which were prescribed by the competent Minister;
(2) A person having knowledge and experience which conform to conditions prescribed by the competent Minister is engaged in the business of putting the indication.
2 The kind and capacities under item (1) of the preceding paragraph and the conditions under item (2) of the same paragraph shall be fixed, taking into consideration the opinions of the interested persons, and public notice shall be made in the Official Gazette.
3 The effective period of registration shall be two years from the day of the registration.
4 The competent Minister shall, when he has made the registration, make public notice in the Official Gazette of the name or title of the registered person, the location of office or working place used for the business of putting the indication in accordance with the provision of Article 7-(2) paragraph 1.
Article 7-(6). The competent Minister may, when the registered person comes under one of the following items, cancel the registration, or order the suspension of business of putting the indication provided for in Article 7-(2) paragraph 1 for a fixed period:
(1) When he has violated the provisions of this Law;
(2) When he has received the registration by unlawful means.
2 In case the competent Minister has cancelled the registration in accordance with the provision of the preceding paragraph, he shall make a public notice to that effect in Official Gazette.
(Obligation of the Registered Person)
Article 7-(7). The registered person shall, when he has been requested to put indication under the provision of Article 7-(2) paragraph 1, put indication without delay excepting the cases in which there is justifiable reason to refuse to do so.
2 The registered person shall, in putting indication under the provision of Article 7-(2) paragraph 1, use machines, tools or other equipment provided for in Article 7-(5) paragraph 1 item (1), and cause the person provided for in item (2) of the same paragraph to be engaged in the business of putting the indication.
3 The registered person shall have books and, when he put indication under the provision of Article 7-(2) paragraph 1 on the export commodities, make entries into such books on the matters prescribed by order.
(Prohibition to Erase the Indication, Etc.)
Article 7-(8). The indication put to the export commodities by the registered person or the Government agency in accordance with the provision of Article 7-(2) paragraph 1 shall not be erased, removed or concealed without justifiable reason.
In Article 8 paragraph 1, "without due reasons" shall be amended as "without receiving approval of the competent Minister" ;and in paragraph 2 of the same Article, "The export commodities with the seals, marks, or labels erased, removed, or concealed" as "The export commodities to which the seals, marks, or labels provided for in the preceding paragraph have been attached or the export commodities of which the seals, marks, or labels have been erased, removed, or concealed in violation of the provision of the preceding paragraph" .
Article 9 shall be amended as follows:
(Warning)
Article 9. The competent Minister may when he deems that the export commodities not satisfying the necessary conditions fixed by the export contract were exported and as the result the sound development of the foreign trade has been spoiled, or may be spoiled, give warning to that effect to the exporter of these export commodities.
In Article 10 paragraph 1, "decision made under Article 7-(2) paragraph 1" shall be amended as "rejection of the registration under Article 7-(2) paragraph 1, disposition made under the provision of Article 7-(6) paragraph 1, or decision of inspection made under the provision of Article 7-(9) paragraph 1" , and in paragraph 2 of the same Article, next to "violative of the principles stated in Article 5" , ", rejection of registration under Article 7-(2) paragraph 1 is violative of the provision of Article 7-(5) paragraph 1, disposition made under the provision of Article 7-(6) paragraph 1 is improper" shall be added, and "Article 7-(2) paragraph 1" shall be amended as "Article 7-(9) paragraph 1" ;and to same Article, the following one paragraph shall be added:
3 A person who has complaint against the measures under the preceding paragraph, may file an action with the Court.
Next to Article 11, the following one Article shall be added:
(Fees)
Article 11-(2). A person who intends to request the Government agency to put indication under the provision of Article 7-(2) paragraph 1 on the export commodities shall pay the fees the amount of which shall be prescribed by Cabinet Order within the limit not exceeding 1 per cent of the value of the export commodities.
2 A person who intends to apply for the registration under the provision of Article 7-(3) shall pay the fees the amount of which shall be prescribed by Cabinet Order within the limit not exceeding 2,000 yen.
Article 12 shall be amended as follows:
(Penal Provisions)
Article 12. Any person who has violated the provisions of Article 6 paragraph 1 or paragraph 2 (including the case where this provision applies mutatis mutandis in Article 7-(2) paragraph 2), Article 7 paragraph 1 or paragraph 2 (including the case where this provision applies mutatis mutandis in Article 7-(2) paragraph 2), Article 7-(2) paragraph 1, or Article 8 paragraph 2, shall be punished with imprisonment for not more than 3 years or a fine not more than 300,000 yen.
Article 14 shall be amended as follows:
Article 14. Any person who comes under one of the following items shall be punished with imprisonment for not more than one year or a fine not more than 100,000 yen:
(1) A person who has violated the order to suspend business issued in accordance with the provision of Article 7-(6) paragraph 1;
(2) A person who has violated the provision of Article 7-(7) paragraph 1 or paragraph 2;
(3) A person who has erased, removed or concealed the indication in violation of the provision of Article 7-(8);
(4) A person who has erased, removed or concealed the seals, marks or labels in violation of the provision of Article 8 paragraph 1.
In Article 15 paragraph 1, "30,000 yen" shall be amended as "300,000 yen" .
Article 16 shall be amended as follows:
Article 16. Any person who comes under one of the following items shall be punished with imprisonment for not more than 6 months or a fine not more than 50,000 yen:
(1) A person who has failed to make entry under the provision of Article 7-(7) paragraph 3 or made false entry;
(2) A person who has refused, obstructed or evaded the inspection under the provision of Article 7-(9) paragraph1;
(3) A person who has failed to make report under the provision of Article 7-(9) paragraph 1 or made false report.