Article 4. The capital of the Export-Import Bank of Japan shall be twenty-one billion (21,000,000,000) yen, the whole amount of which shall be invested by the Government, from the General Account and the U. S. Aid Counterpart Fund Special Account.
第八條第二項中「第一項」を削る。
In Article 8 paragraph 2, "paragraph 1" shall be deleted.
第十條中「専務理事」を「副総裁」に改める。
In Article 10, "Managing Director" shall be amended as "Vice-President" .
第十一條第二項を次のように改める。
Article 11 paragraph 2 shall be amended as follows:
2 The Vice-President shall, as prescribed by the President, represent the Export-Import Bank of Japan assist the President in managing the affairs of the Export-Import Bank of Japan, act on behalf of the President if he is prevented from performing his duties, and execute his functions if his post is vacant.
3 The Director shall, as prescribed by the President, represent the Export-Import Bank of Japan assist the President and Vice-President in managing the affairs of the Export-Import Bank of Japan, act on behalf of the President if he and the Vice-President are prevented from performing their duties, and execute his functions if his and Vice-President's post are vacant.
４ 監事は、日本輸出入銀行の業務を監査する。
4 The Auditors shall audit the business of the Export-Import Bank of Japan.
第十二條第一項中「及び監事」を「、副総裁及び監事」に改め、同條第二項中「専務理事及び」を削る。
In Article 12 paragraph 1, "The President and Auditors" shall be amended as "The president, Vice-President and Auditors" ;and in paragraph 2 of the same Article, "Managing Director and" shall be deleted.
第十三條から第十五條まで中「専務理事」を「副総裁」に改める。
In Articles 13 to 15 inclusive, "Managing Director" shall be amended as "Vice-President" .
In Article 18 paragraph 1 item (1), next to "hereinafter the same" shall be added ", except in the case provided for in Article 39 paragraph 1" ;and paragraph 1 item (4) of the same Article shall be made item (6) of the same paragraph, and next to item (3) of the same paragraph, the following two items shall be added:
(4) To make loans to, or to discount bills for banks in favor of, Japanese importers or manufacturers, for the purpose of facilitating a secured and timely import from abroad of raw materials, materials, and other goods (hereinafter referred to as "goods, etc." ) necessary for the promotion of export from Japan;provided, however, that, as to the loans, such loans shall be made only on a participation basis by the Export-Import Bank of Japan with ordinary banks and application for such loans shall be received through banks;
(5) To guarantee liabilities of Japanese exporters, importers or manufacturers, for the purpose of facilitating from Japan of equipment, etc. and of technical services connected therewith of Japanese corporations or individuals, or for the purpose of facilitating import from abroad of goods, etc.
In Article 18 paragraph 2 "(3)" shall be amended as "(5)" , "and discount" shall be amended as ", discount and liability guarantee" , "or import from Japan of equipment (including export or import of technical services connected therewith)" shall be amended as ", import from Japan of equipment (including export or import of technical services connected therewith) and import from abroad of goods, etc." , and "or settlement of bill" shall be amended as ", settlement of the discounted bill or enforcement of the liability guaranteed" ;and next to the same paragraph, the following one paragraph shall be added:
3 In addition to the case provided for in the preceding paragraph, loans or discounts of bill made for the purpose of facilitating imports of goods, etc. from abroad in accordance with the provision of paragraph 1 item (4) or guarantee of liabilities made for the purpose or facilitating import of goods, etc. from abroad in accordance with the provision of item (5) of the same paragraph may be made only in those cases where they fall under each of the following items:
(1) When a part of the prices is paid in advance in compliance with the import contract of goods, etc. from abroad and the fund paid in advance is appropriated by the party of contract who is to be paid in advance to the development of resources, etc. necessary for the export of goods, etc. to Japan in compliance with the said import contract;provided, however, that this shall be limited to the case where the party of the contract who is to be paid in advance is deemed sound with respect to his credit standing and where the fulfilment of obligations regarding the said advance is deemed reliable.
(2) When the said import from abroad of goods, etc. has been assured not to be made for the anticipatory, speculative, stock-piling and other unsound purposes.
第十八條の次に次の一條を加える。
Next to Article 18, the following one Article shall be added:
Article 18-(2). The aggregate amount of the outstanding amount of liabilities guaranteed under the provision of paragraph 1 item (5) of the preceding Article and the amount of borrowings under the provision of Article 39 paragraph 1 shall not exceed the aggregate amount of capital provided for in Article 4 and reserve provided for in Article 38.
In the heading of Article 19, "and Discount" shall be amended as ", Discount and Guarantee" , and in paragraph 1 of the same Article, "The rate of interest and discount" shall be amended as "The rate of interest, discount and the liability guarantee charges" , "paragraph 1 items (1) to (3) inclusive of the preceding Article" shall be amended as "Article 18 paragraph 1 items (1) to (5) inclusive" , "interest on loans and discount fees" shall be amended as "interest on loans, discount fees and guarantee charges" , "other expenses" shall be amended as "the interest on the borrowings provided for in Article 39 paragraph 1 and other incidental expenses" , and "the rates of interest and discount of the banks" , shall be amended as "the rate of interest, discount and of liability guarantee charges of banks," ;and in paragraph 2 of the same Article, "the rate of interest and discount" shall be amended as "the rate of interest, discount and liability guarantee charges" , "such loans and discounts" shall be amended as "such loans, discounts and liabilities guaranteed" , and next to "the term of the discounted bill" shall be added "and of liability guarantee" .
In the heading of Article 20, "and Discount" shall be amended as ", Discount and Guarantee" ;and in paragraph 1 of the same Article, "or the bills to be discounted" shall be amended as ", the bills to be discounted or the liabilities to be guaranteed" , and "items (1) to (3) inclusive" shall be amended as "items (1) to (5) inclusive" , and "or payment" shall be amended as "of loans, payment of bills or fullfilment of the guarantee," ;and in paragraph 2 of the same Article, next to "a term for retirement of more than three years and not more than five years" shall be added "or of more than three months and not more than six months" , and "or may be made of bills with a term for payment of more than three years and not more than five years" shall be amended as ", may be made of bills with a term for payment of more than three years and not more than five years or more than three months and not more than six months" , "difficult" shall be amended as "difficult and unsuitable for the practice of trade" , and next to "export or import of equipment or technical service" shall be added "or import of goods, etc." ;and next to the same paragraph the following two paragraphs shall be added:
3 The term of discount of bills which have been drawn for the renewal of bills which had been discounted in accordance with the provision of Article 18 paragraph 1 item (2) or (4) may be less than three months, notwithstanding the provisions of the preceding two paragraphs.
4 Guarantee of liabilities provided for in paragraph 1 which has been made for the purpose of facilitating export from Japan of equipment, etc. and of technical services connected therewith of Japanese corporations or individuals or of facilitating import from abroad of goods, etc. shall, notwithstanding the provision of the same paragraph, have a term of performance of more than three years and not more than five years, or of more than three months and not more than six months, in case it is considered difficult to comply with the provisions of the same paragraph or against the practice of trade because of the conditions of price payment prescribed in the contracts for the said export of equipment, etc. or of technical services or for the import of goods, etc. from abroad or because of other reasons.
第二十一條中「又は手形の割引」を「、手形の割引又は債務の保証」に改める。
In Article 21, "or discounts" shall be amended ", discounts or liabilities guarantee" .
In Article 22, "interest rate and term of making loans or discounts" shall be amended as "rate of interest on loan or discount or rate of guarantee charges, term of making loans, discounts or guarantees, items of goods, etc." , and next to "collecting the principal and interests" shall be added "and of performance of liability guarantee" .
第二十四條中「輸出金融」を「輸出入金融」に改める。
In Article 24, "export finance" shall be amended as "export-import financing" .
In Article 26 paragraph 2, next to "discount fees" shall be added ", fees of liability guarantee" , and "and other miscellaneous incidental expenses including loss incurred with respect to the utilization of property" shall be amended as ", the interests on borrowings provided for in Article 39 paragraph 1 and other miscellaneous incidental expenses" .
In the heading of Article 38 shall be amended as "Disposal of Profit and Payment into the National Treasury" , and in paragraph 1 of the same Article, "shall accumulate it as Reserve Fund" shall be amended as "shall accumulate as Reserve Fund whichever the larger amount of the amounts provided for in each of the following items" ;and in the same paragraph shall be added the following items as items (1) and (2):
一 当該利益金の百分の二十に相当する額
(1) The amount equivalent to 20% of the said profit;
(2) The amount equivalent to 0.7% of the aggregate amount of the outstanding amount of discounted bills as at the end of each business year (in case the said amount exceeds the said profit, the amount of the said profit)".
第三十八條に次の二項を加える。
In Article 38, the following two paragraphs shall be added:
3 The Export-Import Bank of Japan shall pay, by May 31 of the following business year, into the National Treasury the residuary amount obtained by deducting, from the amount of profit, upon settlement of profit of each business year, the amount accumulated as Reserve Fund in accordance with the provision of paragraph 1.
4 The procedure for the payment of the amount to be paid into the National Treasury under the provision of the preceding paragraph, the Account or Accounts to which the said amount belongs and other necessary matters concerning the amount to be paid into the National Treasury shall be provided for by Cabinet Order.
Article 39. The Export-Import Bank of Japan may borrow funds from the Government and borrow foreign funds from foreign bank and other financial institutions for the purpose of appropriating to the source of the fund necessary for conducting the business provided for in Article 18 paragraph 1.
２ 政府は、日本輸出入銀行に対して資金の貸付をすることができる。
2 The Government may make loans to the Expor-Import Bank of Japan.
３ 第一項に規定する場合を除く外、日本輸出入銀行は、資金の借入をしてはならない。
3 Other than those cases provided for in paragraph 1, the Export-Import Bank of Japan shall not borrow funds.
In Article 43 paragraph 1, "President and Auditors" shall be amended as "President, Vice-President and Auditors," ;and in paragraph 2 of the same Article, "the Managing Director and" and "the Managing Director or" shall be deleted.
In Article 46 item (5), next to "Article 39" shall be added "paragraph 3" ;and the same item shall be made item (6) of the same Article;and the numbering of the succeeding items shall be moved down by one;and next to item (4) of the same Article, the following one item shall be added:
五 第十八條の二に規定する額をこえて債務の保証をし、又は資金の借入をしたとき。
(5) When they have guaranteed liability or borrowed fund in excess of the amount provided for in Article 18-(2).
第四十七條中「第八條」を「第七條」に改める。
In Article 47, "Article 8" shall be amended as "Article 7" .
附則第九項中「日本輸出銀行」を「日本輸出入銀行」に改める。
In paragraph 9 of the Supplementary Provisions, "The Export Bank of Japan" shall be amended as "the Export-Import Bank of Japan" .
附 則
Supplementary Provisions:
１ この法律は、公布の日から施行する。
1 This Law shall come into force as from the day of its promulgation.
2 The provisions of Article 38 and paragraphs 7, 8 and 13 of the Supplementary Provisions, of the Export-Import Bank of Japan Law after amendments shall apply to the business year of the Export-Import Bank of Japan beginning from April of 1952, and those succeeding thereafter;and the old provisions shall still prevail as to the disposal of profit, income tax, corporation tax and local tax for the business year of the Export-Import Bank of Japan ending in March of the same year.
3 The person who holds office of the Managing-Director of the Export-Import Bank of Japan at the time of enforcement of this Law shall, without using any special letter of appointment, be regarded as appointed on the said date as Vice-President of the Export-Import Bank of Japan in accordance with the provision of Article 12 paragraph 1 of the Export-Import Bank of Japan Law after amendments.
4 The tenure of office of the Vice-President of the Export-Import Bank of Japan as provided for in the preceding paragraph shall, notwithstanding the provision of Article 13 paragraph 1 of the Export-Import Bank of Japan Law after amendments, be the period obtained by deducting, from the tenure of office under the same paragraph, the period in which the said person has held office of the Managing Director of the Export Bank of Japan.
５ 登録税法（明治二十九年法律第二十七号）の一部を次のように改正する。
5 The Registration Tax Law (Law No.27 of 1896) shall be partially amended as follows:
In Article 19 item 7, "The Export Bank of Japan" shall be amended as "The Export-Import Bank of Japan" , "The Export Bank of Japan Law" as "The Export-Import Bank of Japan Law" ;and in item 18 of same Article, "The Export Bank of Japan" shall be amended as "The Export-Import Bank of Japan" .
６ 印紙税法（明治三十二年法律第五十四号）の一部を次のように改正する。
6 The Stamp Duty Law (Law No.54 of 1899) shall be partially amended as follows:
第五條第六号ノ二を次のように改める。
Article 5 item 6-(2) shall be amended as follows:
六ノ二 日本輸出入銀行ノ発スル証書帳簿
6-(2). Notes and books provided by the Export-Import Bank of Japan
７ 所得税法（昭和二十二年法律第二十七号）の一部を次のように改正する。
7 The Income Tax Law (Law No.27 of 1947) shall be partially amended as follows:
第三條第六号を次のように改める。
Article 3 item 6 shall be amended as follows:
六 日本輸出入銀行
6. The Export-Import Bank of Japan
８ 法人税法（昭和二十二年法律第二十八号）の一部を次のように改正する。
8 The Corporation Tax Law (Law No.28 of 1947) shall be partially amended as follows:
第四條第二号中「及び住宅金融公庫」を「、住宅金融公庫及び日本輸出入銀行」に改める。
In Article 4 item 2, "and the Housing Loan Corporation" shall be amended as ", the Housing Loan Corporation and the Export-Import Bank of Japan" .
９ 大蔵省設置法（昭和二十四年法律第百四十四号）の一部を次のように改正する。
9 The Ministry of Finance Establishment Law (Law No.144 of 1949) shall be partially amended as follows:
第十二條第一項第五号中「日本輸出銀行」を「日本輸出入銀行」に改める。
In Article 12 paragraph 1 item (5), "the Export Bank of Japan" shall be amended as "the Export-Import Bank of Japan" .
10 貸金業等の取締に関する法律（昭和二十四年法律第百七十号）の一部を次のように改正する。
10 The Law concerning the Control on Moneylending Business, Etc.(Law No.170 of 1949) shall be partially amended as follows:
第二條第一項第二号中「日本輸出銀行」を「日本輸出入銀行」に改める。
In Article 2 paragraph 1 item (2), "The Export Bank of Japan" shall be amended as "The Export-Import Bank of Japan" .
11 国庫出納金等端数計算法（昭和二十五年法律第六十一号）の一部を次のように改正する。
11 The Law for Calculation of Fractions of Receipts and Disbursements, Etc. of Treasury (Law No.61 of 1950) shall be partially amended as follows:
第一條第一項中「日本輸出銀行」を「日本輸出入銀行」に改める。
In Article 1 paragraph 1, "The Export Bank of Japan" shall be amended as "The Export-Import Bank of Japan" .
12 予算執行職員等の責任に関する法律（昭和二十五年法律第百七十二号）の一部を次のように改正する。
12 The Law concerning Responsibility of the Budget Executing Officer, Etc.(Law No.172 of 1950) shall be partially amended as follows:
第九條第一項中「日本輸出銀行」を「日本輸出入銀行」に改める。
In Article 9 paragraph 1, "the Export Bank of Japan" shall be amended as "The Export-Import Bank of Japan" .
13 地方税法（昭和二十五年法律第二百二十六号）の一部を次のように改正する。
13 The Local Tax Law (Law No.226 of 1950) shall be partially amended as follows:
第二十四條第三号中「住宅金融公庫、」の下に「日本輸出入銀行、」を加える。
In Article 24 paragraph 3, next to "Housing Loan Corporation" shall be added ", the Export-Import Bank of Japan" .
第七百四十三條第三号中「住宅金融公庫、」の下に「日本輸出入銀行、」を加える。
In Article 743 item (3), next to "Housing Loan Corporation" shall be added ", the Export-Import Bank of Japan"
内閣総理大臣 吉田茂
Prime Minister YOSHIDA Shigeru
法務総裁 木村篤太郎
Attorney-General KIMURA Tokutaro
大蔵大臣 池田勇人
Minister of Finance IKEDA Hayato
通商産業大臣 高橋龍太郎
Minister of International Trade and Industry TAKAHASHI Ryutaro