(Purpose)
Article 1. The purpose of this Law is to compensate, following the restoration of peace with the Allied Powers, for the damage suffered as a result of the war by the property owned in Japan by the Allied Powers and their nationals.
(Definitions)
Article 2. In this Law, "the Allied Powers" means the Allied Powers as provided for in Article 25 of the Treaty of Peace with Japan (hereinafter referred to as "the Peace Treaty" ).
2 In this Law, "Allied nationals" means the following:
(1) Individual persons who are nationals of Allied Powers;
(2) Corporations and other associations established under the laws and orders of any of the Allied Powers;
(3) In addition to those mentioned in the preceding item, those corporations and other associations in which the individuals or corporations or associations mentioned in the preceding two items or this item hold the whole stock or capital investments apart from qualifying shares;
(4) In addition to those mentioned in item (2), religious juridical persons, non-profit juridical persons and other similar organizations controlled by the persons mentioned in the preceding three items or this item.
3 In this Law, "Japan" means Honshu, Hokkaido, Shikoku, Kyushu, and other territory, over which the sovereignty of Japan is restored by virtue of the Peace Treaty.
4 In this Law, "the war-time special measures" means the measures toward the enemy, including but not limited to the application of the old Enemy Property Custody Law (Law No.99 of 1941), which were adopted by way of exercise of official authority by the Japanese Government or its agencies, such as the apprehension, internment or detention, of individual persons of Allied nationality, the disposal or sale of the property of Allied nationals, etc.
5 In this Law, "property" means movable or immovable property, the rights to such property, patents, utility models, designs, trademarks, debts, shares, and other property rights and interests of a similar nature.
(Principles of Compensation)
Article 3. If the property owned in Japan by the Allied Powers or their nationals on December 8, 1941 (hereinafter referred to as "the time of the commencement of the war" ) has suffered damage as a result of the war, the Japanese Government shall compensate for such damage; provided that, with regard to the properties of Allied nationals, such nationals either (a) were nationals of a country declared by the Japanese Government to be an enemy country in accordance with the provisions of the old Enemy Property Custody Law, or (b) were subjected to apprehension, internment or detention or to the seizure, disposal or sale of their property during the war.
2 In cases other than those mentioned in the preceding paragraph, if property owned in Japan at the time of the commencement of the war by Allied individuals who were not physically present in Japan or Allied corporations which were not in operation in Japan during the period of hostilities, has suffered the damage mentioned in Article 4 paragraph 1 item (1) or (5), the Japanese Government shall compensate for such damage.
3 In cases where a claim for restitution has not been filed for property in a state capable of restitution within the term fixed in the Peace Treaty, no compensation shall be made for its damage;provided, however, that this shall not apply to cases where this failure in filing a claim is deemed by the Japanese Government as due to unavoidable circumstances.
4 Those who may claim the compensation mentioned in paragraph 1 or 2 shall be, unless they are the Allied Powers, those who had and shall have the status of Allied nationals at the time of the commencement of the war and at the time of the coming into force of the Peace Treaty.
5 In case where the successors in interest of Allied nationals are Allied nationals at the time of the coming into force of the Peace Treaty, they may claim the compensation mentioned in paragraph 1 or 2. However, in cases where the successors have succeeded to property which has suffered damage, this shall apply only if they have succeeded to the claim for compensation for the relevant damage as well as to such property.
6 The provisions of the preceding five paragraphs shall not apply to those public loans and debentures and the interest right accrued to them to which the provisions of the old Law relating to the Treatment of Foreign Currency Bonds (Law No.60 of 1941) have been applied.
(Scope of Damage and Location of Property)
Article 4. The damage suffered as a result of the war mentioned in paragraph 1 of the preceding Article shall be the damage listed in the following items:
(1) Damage caused by acts of hostility on the part of Japan or of any of the states which were at war or in a state of belligerency with Japan;
(2) Damage caused by the war-time special measures or other measures of the Japanese Government and its agencies;
(3) Damage on account of lack of due care on the part of the administrator or possessor of the property concerned;
(4) Damage suffered owing to the inability of an Allied national to have the property insured in Japan on account of the war;
(5) Damage suffered while in use of the Occupation Forces owing to lack of due care on the part of the Occupation Forces or the inability of an Allied national to insure property.
2 The cargo or baggage which had been loaded on board the Japanese ships navigating the high seas at the time of the commencement of the war and which was unloaded in Japan shall be regarded as property which was in Japan at the time of the commencement of the war.