Law for the Establishment of the Ministry of Foreign Affairs
法令番号: 法律第283号
公布年月日: 昭和26年12月1日
法令の形式: 法律
I hereby promulgate the Law for the Establishment of the Ministry of Foreign Affairs.
Signed:HIROHITO, Seal of the Emperor
This first day of the twelfth month of the twenty-sixth year of Showa (December 1, 1951)
Prime Minister YOSHIDA Shigeru
Law No.283
Law for the Establishment of the Ministry of Foreign Affairs
Contents
Chapter I General Provisions(Articles 1-4)
Chapter II Ministry Proper
Section 1 Internal Subdivisions(Articles 5-13)
Section 2 Auxiliary Organs(Articles 14-16)
Section 3 Local Branch Offices(Articles 17-19)
Chapter III External Organ(Articles 20・21)
Chapter IV Diplomatic and Consular Establishments Abroad(Articles 22-25)
Chapter V Personnel(Articles 26・27)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to define clearly the scope of responsibilities and the powers of the Ministry of Foreign Affairs and to provide an organization fit for the efficient conduct of the administrative affairs under the jurisdiction of the Ministry.
(Establishment)
Article 2. The Ministry of Foreign Affairs is hereby established under the provisions of Article 3 paragraph 2 of the National Government Organization Law (Law No.120 of 1948).
2 The Ministry of Foreign Affairs shall be headed by the Minister for Foreign Affairs.
(Mission of the Ministry of Foreign Affairs)
Article 3. The Ministry of Foreign Affairs shall be the government organ responsible for the integrated administration of the following affairs of the National Government:
(1) Planning, formulation and execution of foreign policies;
(2) Protection and promotion of interests relating to foreign commerce and navigation;
(3) Dispatch and reception of diplomatic and consular officers;
(4) Conclusion of treaties and other international agreements;
(5) Participation in international organizations and conferences and promotion of international cooperation;
(6) Research concerning foreign countries;
(7) Dissemination of information relating to conditions at home and abroad and promotion of cultural relations with foreign countries;
(8) Protection of Japanese nationals abroad and arrangement for foreign travels and emigration;
(9) Liaison with General Headquarters, Supreme Commander for the Allied Powers and officials under the Supreme Commander for the Allied Powers;and overall coordination of such affairs of various administrative agencies as are relating thereto;
(10) Disposal and over-all administration of matters relating to foreign affairs, other than those mentioned under the preceding items.
(Powers of the Ministry of Foreign Affairs)
Article 4. For the purpose of carrying out the responsibilities provided for by this Law, the Ministry of Foreign Affairs shall have the powers as listed below. Such powers shall, however, be exercised in accordance with treaties, the established laws of nations, and domestic laws (including orders issued thereunder):
(1) To do within the limits of budgetary appropriations those acts pertaining to expenditures necessary for carrying out its responsibilities;
(2) To collect revenues and make payments necessary for carrying out its responsibilities;
(3) To establish and maintain offices and other facilities directly required for carrying out its responsibilities;
(4) To procure office supplies and other materials directly required for carrying out of its responsibilities;
(5) To dispose of unnecessary property;
(6) To administer personnel affairs, including appointment, dismissal, awards and discipline;
(7) To establish and maintain facilities required for the welfare and health of personnel;
(8) To establish and maintain housing to be rented to personnel;
(9) To distribute or publish documents, research data and statistics concerning the affairs under its jurisdiction;
(10) To inspect the affairs under its jurisdiction and to take such measures as may be required in accordance with the provisions of laws or orders;
(11) To adopt the official seals of the Ministry of Foreign Affairs;
(12) To negotiate with foreign governments and to participate in international organizations and conferences representing the Japanese Government;
(13) To prepare and deliver the full powers, credentials and letters of recall of Ambassador and Ministers, and the letters of commission of Consular Officers;
(14) To accept the full powers, the credentials and letters of recall of foreign diplomatic representatives, and the letters of commission of foreign Consular Officers, and to prepare and deliver the exequaturs of foreign Consular Officers;
(15) To conclude, interpret and execute treaties and other international agreements and to dispose of legal matter concerning foreign relations;
(16) To negotiate with foreign authorities or to render assistance in commercial transactions for the purpose of protecting and promoting interest in commerce and navigation;
(17) To negotiate with foreign authorities, to conciliate or mediate civil cases which have arisen between Japanese nationals, or between Japanese and foreign nationals or to accept and register reports filed in connection with personal status, for the purpose of protecting the person and property of Japanese nationals abroad;
(18) To assist and protect and to take other necessary actions in connection with the foreign travels and emigration of Japanese nationals;
(19) To issue passports and visa;
(20) To administer the affairs concerning the immigration control under the Immigration Control Order (Cabinet Order No.319 of 1951) and the Ordinance for Registration of Aliens (Imperial Ordinance No.207 of 1947), registration of aliens under the Ordinance for Registration of Aliens, and deportation under the Immigration Control Order, the Ordinance for Registration of Aliens, and the Order for Temporary Measures concerning the Restriction on Sailing of Those Persons Having Permanent Domicile in Nanseishoto South of 30°North Latitude (Cabinet Order No.227 of 1950);
(21) To administer affairs concerning the treatment of foreign nationals, etc., residing in Japan;
(22) To certify documents issued by Japanese or foreign authorities with regard to matters of personal status or other facts having relations to Japan and foreign countries;
(23) To release to the public, matters concerning foreign relations;
(24) To make recommendations with regard to the award of honors to foreigners and to Japanese nationals residing in foreign countries;
(25) To give permission or approval to incorporated associations or incorporated foundations relating to the responsibilities of the Ministry of Foreign Affairs;
(26) To take necessary actions with regard to the liquidation of public and private Japanese property and liabilities, enterprises and other establishments in Korea, Formosa, Saghalien, Kwantung Province, the South Sea Islands and other areas;
(27) To administer affairs concerning the repatriation of Japanese nationals;
(28) To request the organs of the National Government or of the local public bodies to make investigation and report and to submit data, necessary in executing the responsibilities of the Ministry;
(29) In addition to those listed in the preceding items, such powers as are placed under the Ministry of Foreign Affairs by laws (including orders issued thereunder) or necessary for implementing treaties or the established laws of nations.
CHAPTER II Ministry Proper
Section 1 Internal Subdivisions
(Internal Subdivisions)
Article 5. The Ministry proper shall have the Minister's Secretariat and the following six bureaus:
Asian Affairs Bureau
European and American Affairs Bureau
Economic Affairs Bureau
Treaties Bureau
International Cooperation Bureau
Public Information and Cultural Affairs Bureau
(Special Positions)
Article 6. The Minister's Secretariat shall have a Chief of Secretariat.
2 The Chief of Secretariat shall administer the affairs of the Minister's Secretariat.
3 The Economic Affairs Bureau shall have one Deputy Chief.
4 The Deputy Chief of Bureau shall assist the Chief of Bureau and regulate the affairs of the bureau.
5 The Ministry proper shall have Advisors and Councillors.
6 Advisors shall participate in important diplomatic matters, and Councillors shall participate in the execution of foreign policies.
(Functions of the Minister's Secretariat)
Article 7. The Minister's Secretariat shall, in connection with the responsibilities of the Ministry of Foreign Affairs, take charge of the following affairs:
(1) Over-all coordination of administration under the Ministry;
(2) Inspection of administration under the Ministry;
(3) Examination of drafts of laws and orders;
(4) Confidential matters;
(5) Classification, appointment and dismissal of personnel, their status, disciplinary punishment, performance of duty and other personnel affairs;also, their instruction and training;
(6) Dispatch and reception of Diplomatic and Consular Officers and other affairs concerning protocol;
(7) Intermediation of awarding of honors to foreign nationals and of receiving foreign orders of merit or medals for Japanese nationals;
(8) Receipt, dispatch, compilation and custody of official documents;
(9) Custody of the Minister's and the Ministry's official seals;
(10) Certification of documents;
(11) Custody of the texts of treaties and other diplomatic documents;
(12) Compilation of historical data on foreign relations;
(13) Translation;
(14) Custody of books;
(15) Receipt and dispatch of telegrams;
(16) Budget for expenditures and revenues, settlement of accounts, accounts and accout audit;
(17) Custody of state properties and articles;
(18) Health, medical treatment and other welfare measures for personnel;
(19) In addition to the affairs listed in the preceding items, such responsibilities of the Ministry of Foreign Affairs as are not in the charge of other bureaus and organs.
(Functions of the Asian Affairs Bureau)
Article 8. The Asian Affairs Bureau shall take charge of the following affairs:
(1) Planning and formulation of foreign policies concerning Asian countries and over-all coordination in executing thereof;
(2) Disposal of political affairs concerning Asian countries and compilation of information as well as research necessary therefor;
(3) Protection of the person and property of Japanese nationals in Asian countries;
(4) Settlement of matters relating to Korea, Formosa, Saghalien, Kwantung Province, the South Sea Islands and other areas;
(5) Repatriation of Japanese nationals;
(6) Affairs concerning inspection and confirmation of loan obtained Janpanese Consulates and Japanese Residents'Association.
(Functions of the European and American Affairs Bureau)
Article 9. The European and American Affairs Bureau shall take charge of the following affairs:
(1) Planning and formulation of foreign policies concerning conuntries aside from those in Asia and over-all coordination in executing thereof;
(2) Disposal of political affairs concerning countries aside from those in Asia and compilation of information as well as research necessary thereof;
(3) Protection of the person and property of Japanese nationals in countries aside from those in Asia;
(4) Overseas travel, emigration, issuance of passports and visa.
(Functions of the Economic Affairs Bureau)
Article 10. The Economic Affairs Bureau shal take charge of following affairs:
(1) Protection and promotion of interests relating to foreign commerce and navigation;
(2) Cooperation with international economic organizations and matters concerning treaties of commerce and navigation and other commercial and economic agreements;
(3) Survey of the international economic condition and compilation of statistics and collection of data concerning international economy.
(Functions of the Treaties Bureau)
Article 11. The Treaties Bureau shall take charge of the following affairs:
(1) Conclusion of treaties and other international agreements;
(2) Matters of international law and legal matters concerning foreign relations.
(Functions of the International Cooperation Bureau)
Article 12. The International Cooperation Bureau shall take charge of the following affairs:
(1) Participation in international organizations and conferences and matters of international administration;
(2) Liaison with General Headquarters, Supreme Commander for the Allied Powers and officials under the Supreme Commander for the Allied Powers;and coordination of related affairs of various administrative agencies;
(3) Compilation and study of documents and records concerning the control of Japan by the Allied Nations;
(4) Matters relating to the Liaison and Coordination Offices.
(Functions of the Public Information and Cultural Affairs Bureau)
Article 13. The Public Information and Cultural Affairs Bureau shall take charge of the following affairs:
(1) Dissemination of information and knowledge on the international situation and external policies for internal consumption, dissemination of domestic conditions and external policies abroad, and collection of necessary information and data to carry out the above functions, through newspaper, communication, broadcast and other media;
(2) Promotion of cultural affairs with foreign countries and cooperation with international cultural organizations.
Section 2 Auxiliary Organs
(Auxiliary Organs)
Article 14. The Ministry proper shall have the following auxiliary organs:
Foreign Service Training Institute
Preparation Committee for Liquidation of Debts Incurred by Japanese Consulates and Japanese Residents'Associations
(Foreign Service Training Institute)
Article 15. The Foreign Service Training Institute shall be an organ which provides personnel of the Ministry of Foreign Affairs with necessary training for service as diplomatic or consular officials.
2 The Foreign Service Training Institute shall be established in Tokyo-To.
3 The Foreign Service Training Institute shall be headed by a Director.
4 The Director shall administer the affairs of the Institute.
5 Aside from those provided for in the preceding items, necessary matters concerning the Foreign Service Training Institute shall be provided for by Ministry of Foreign Affairs Ordinance.
(Preparation Committee for Liquidation of Debts incurred by Japanese Consulates and Japanese Residents'Associations)
Article 16. With respect to the Preparation Committee for Liquidation of Debts Incurred by Japanese Consulates and Japanese Residents'Associations, the provisions of the Law pertaining to the Preparation Committee for Liquidation of Debts Incurred by Japanese Consulates and Japanese Residents'Associations (Law No.173 of 1949) shall apply.
Section 3 Local Branch Offices
(Local Branch Offices)
Article 17. The Ministry proper shall have Liaison and Coordination Offices as its local branch offices.
(Responsibilities)
Article 18. The Liaison and Coordination Offices shall take charge of a part of the responsibilities of the Ministry proper as follows:
(1) Liaison with General Headquarters, Supreme Commander for the Allied Powers and officials under the Supreme Commander for the Allied Powers;and coordination of such affairs of various administrative agencies as are relating thereto;
(2) Collection of documents and records concerning the control of Japan by the Allied Powers;
(3) Investigation concerning repatriation, and matters concerning the issue of passports;
(4) Dissemination of information and knowledge on the international situation for internal consumption.
2 In addition to the affairs mentioned in the preceding paragraph, the Liaison and Coordination Offices shall take charge of a part of the affairs under the jurisdiction of the Reparations Agency.
3 The heads of the Liaison and Coordination Offices shall be subject to the direction and supervision of the Director of the Reparations Agency with regard to the affairs mentioned in the preceding paragraph.
(Names, Locations and Areas of Jurisdiction)
Article 19. The names, locations and areas of jurisdiction of Liaison and Coordination Offices shall be as follows:
Name
Location
Area of Jurisdiction
Sapporo Liaison and Coordination Office
Sapporo City
Hokkaido
Sendai Liaison and Coordination Office
Sendai City
Aomori, Akita, Iwate, Miyagi, Yamagata, Fukushima and Niigata Prefectures.
Yokohama Liaison and Coordination Office
Yokohama City
Tokyo-To, Kanagawa (excluding the area of jurisdiction under Yokosuka U. S. Naval Base Headquarters), Saitama, Chiba, Gumma, Ibaragi, Tochigi, Yamanashi, Nagano and Shizuoka Prefectures.
Yokosuka Liaison and Coordination Office
Yokosuka City
Area under the jurisdiction of Yokosuka United States Naval Base Headquarters.
Osaka Liaison and Coordination Office
Osaka City
Aichi, Gifu, Mie, Toyama, Ishikawa, Fukui, Osaka, Kyoto, Shiga, Nara, Wakayama, Hyogo, Tottori, Okayama, Shimane, Hiroshima, Kagawa, Tokushima, Ehime and Kochi Prefectures.
Fukuoka Liaison and Coordination Office
Fukuoka City
Yamaguchi, Fukuoka, Saga, Nagasaki, Oita, Miyazaki, Kumamoto and Kagoshima Prefectures.
CHAPTER III External Organ
(External Organ)
Article 20. The External Organ established in the Ministry of Foreign Affairs under the provision of Article 3 paragraph 2 of the National Government Organization Law shall be as follows:
Immigration Agency
(Organization, Responsibilities and Powers of the Immigration Agency)
Article 21. Matters concerning organization, responsibilities and powers of the Immigration Agency shall be provided for by the Cabinet Order concerning the Establishment of the Immigration Agency (Cabinet Order No.320 of 1951).
CHAPTER IV Diplomatic and Consular Establishments Abroad
(Diplomatic and Consular Establishments Abroad)
Article 22. Diplomatic and consular establishments abroad shall be established as organs of the Ministry of Foreign Affairs.
2 The diplomatic and consular establishments abroad shall be comprised of embassies, legations, consulates-general, consulates, branch offices of consulates-general, branch offices of consulates, honorary consulates-general and honorary consulates.
(Responsibilities and Powers)
Article 23. The diplomatic and consular establishments abroad shall carry out in foreign countries the responsibilities of the Ministry proper and exercise their powers given in accordance with treaties, the established laws of nations and domestic laws (including orders issued thereunder).
(Names and Locations)
Article 24. The names and locations of diplomatic and consular establishments abroad shall be provided for by law separately.
2 In case a special necessity arises, other diplomatic and consular establishments abroad, in addition to those provided for by law under the provisions of the preceding paragraph, may be established by Cabinet Order within the limit set by budget.
3 If there are special circumstances in cases where the change of classes of the established diplomatic and consular establishments abroad be necessitated, the class of the diplomatic and consular establishment abroad concerned may be changed in accordance with what may be provided for by Cabinet Order.
(Chief of Diplomatic and Consular Establishments Abroad)
Article 25. There shall be a chief (hereinafter referred to as "chief of diplomatic and consular establishments abroad" ) in diplomatic and consular establishments abroad.
2 The chief of embassy, legation, consulate-general, consulate, honorary consulate-general and honorary consulate shall be ambassador, minister, consul-general, consul, honorary consul-general and honorary consul respectively.
3 The chief of diplomatic and consular establishments abroad shall take, under orders of the Minister for Foreign Affairs, general control over the affairs of the said establishment.
4 In case the chief of diplomatic and consular establishment abroad is prevented from performing his duties or his post becomes vacant, a person previously designated by the Minister for Foreign Affairs shall act for him.
CHAPTER V Personnel
(Personnel)
Article 26. With respect to appointment, dismissal, promotion, disciplinary measures and other matters concerning personnel administration of the Ministry of Foreign Affairs, the provisions of the National Public Service Law (Law No.120 of 1947) shall apply.
(Fixed Number)
Article 27. The fixed number of personnel for the Ministry of Foreign Affairs shall be provided for by law separately.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation.
2 The Ministry of Foreign Affairs Establishment Law (Law No.135 of 1949) shall be abolished. However, former organs and personnel shall become organs and personnel corresponding to the one prescribed by this Law and shall remain with identical nature.
3 For the time being, the Japanese Government Overseas Agencies shall be established as diplomatic and consular establishments abroad, in addition to those provided for in Article 22 paragraph 2.
4 With respect to the Japanese Government Overseas Agencies, the provisions of the Japanese Government Overseas Agencies Establishment Law (Law No.105 of 1950) shall apply.
5 The Preparation Committee for Liquidation of Debts Incurred by Japanese Consulates and Japanese Residents'Associations (Law No.173 of 1949) shall be partially amended as follows:
In Article 3 paragraph 1, "Chief of the Controls Bureau of the Ministry of Foreign Affairs" shall be amended as "Chief of the Asian Affairs Bureau of the Ministry of Foreign Affairs" , and "Controls Bureau of the Ministry of Foreign Affairs" in paragraph 4 of the same Article shall be amended as "Asian Affairs Bureau of the Ministry of Foreign Affairs" .
6 The Law concerning Government Housing of the National Public Service Personnel (Law No.117 of 1949), shall be partially amended as follows:
The following one item shall be added to Article 10:
(13) The Chief of diplomatic and consular establishments abroad.
Minister for Foreign Affairs YOSHIDA Shigeru
Prime Minister YOSHIDA Shigeru