Law concerning Temporary Exceptions to the Tobacco Monopoly Law, Etc. in Consequence of the Operation of the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan
法令番号: 法律第114号
公布年月日: 昭和27年4月28日
法令の形式: 法律
I hereby promulgate the Law concerning Temporary Exceptions to the Tobacco Monopoly Law, Etc. in Consequence of the Operation of the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the fourth month of the twenty-seventh year of Showa (April 28, 1952)
Prime Minister YOSHIDA Shigeru
Law No.114
Law concerning Temporary Exceptions to the Tobacco Monopoly Law, Etc. in Consequence of the Operation of the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan
(Purpose)
Article 1. This Law shall, for the operation of the Administrative Agreement under Article III of the Secnrity Treaty between the United States of America and Japan, aim at the establishment of exceptions to the Tobacco Monopoly Law (Law No.111 of 1949), the Salt Monopoly Law (Law No.112 of 1949), etc.
(Definition)
Article 2. The term "the United States" as used in this Law shall mean the United States of America.
2 The term "the United States armed forces" as used in this Law shall mean the land, sea, or air forces of the United States disposed in and about the territory of Japan in accordance with the Security Treaty between the United States of America and Japan (hereinafter referred to as "the treaty" ).
3 The term "members of the United States armed forces" as used in this Law shall mean the personnel on active duty belonging to the United States armed forces.
4 Under this Law, the term "civilian component" shall mean the civilian persons of United States nationality who are in the employ of, serving with, or accompanying the United States armed forces (excluding persons who are ordinarily resident in Japan, and persons who are ordinarily resident in the United States and the employee of the said persons of the corporations established or organized under the laws of the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces.
5 The term "dependents" as used in this Law shall mean spouse, and children under 21, and parents and children over 21, if dependent for over half their support upon a member of the United States armed forces or civilan component.
6 The term "military selling establishments, etc." as used in this Law shall mean navy exchanges, post exchanges, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations established and regulated in the facilities and area in use by the United States armed forces for the use of members of such forces, the civilian component, and their dependents.
7 The term "contractor, etc." as used in this Law shall mean persons who are ordinarily resident in the United States and corporations established or organized under the laws of the United States, whose presence in Japan is solely for purposee of maintenance, construction or operation under a contract concluded with the United States Government with respect to the construction, maintenance or operation of the facilities and areas which Japan agrees to be used by the United States armed forces for the achievement of the purpose mentioned in Article 1 of the Treaty (excluding the construction, maintenance, or operation of the military selling establishments, etc.;hereinafter the same) and those persons, as among persons ordinarily resident in the United States, who are employed solely in such construction, maintenance or operation and whose presence in Japan is solely for such construction, maintenance or operation.
8 The term "manufactured tobacco" as used in this Law shall mean the manufactured article using leaf tobacco as its main material and prepared in such a condition as suitable for smoking, chewing or snuffing.
9 The term "cigarette paper for manufactured tobacco" as used in this Law shall small mean the paper which is manufactured for a tube paper of manufactured tobacco.
10 The term "salt" as used in this Law shall mean a solid substance containing more than 40% of sodium chloride in quantity as provided for in Article 1 paragraph 1 of the Salt Monopoly Law.
(Exceptions to Importation, Etc.)
Article 3. In those case as mentioned in the following items, manufactured tobacco, cigarette paper or salt may be imported without trust or permission from the Japan Monopoly Corporation:
(1) In cases where the importation is made for the use of the United States armed forces and it is accompanied with a certificate issued by the competent authorities of the United States armed forces, stating therein that the said importation is made for the use of the United States armed forces;
(2) In cases were the importation is made by the military selling establishments, etc. for the use of members of the United States armed forces, civilian components or their dependents, or the contractors etc., and it is accompanied with a certificate, issued by competent authorities of the United States armed forces, stating therein that the importation is made for the use of such persons;
(3) In cases where the importation of cigarettes not more than two hundred pieces other manufactured tobacco not more than two hundred grammes in net weight per adult persons or of reasonable quantity of salt is made by the members of the United States armed forces, civilian components or their dependents, or the contractors etc. as a portion of personal effects for private use;
(4) In cases where cigarettes not exceeding two hundred pieces or other manufactured tobacco not exceeding two hundred grammes in net weight are maild into Japan through United States military post offices to be used by the members of the United States armed forces, civilian components or their dependents or the contractors, etc.
2 With regard to manufactured tobacco, the provision of Article 6 item (4) or item (6) of the Law concerning Temporary Exceptions to the Customs Law, Etc. in Consequence of the Operation of the Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan (Law No.112 of 1952) shall apply to the portion not exceeding the amount provided for in item (3) or item (4) of the preceding paragraph among those imported by the method provided for in these items;the provision of Article 9 item (4) of the same Law shall apply only to the cases under item (4) of the preceding paragraph.
(Exceptions to Restriction of Transfer, Etc.)
Article 4. The United States armed forces, military selling establishments etc. the members of the United States armed forces, civilian components, their dependents or contractors, etc., or the persons who have been in such service may transfer the manufactured tobacco, cigarette paper or salt imported in accordance with the provision of paragraph 1 of the preceding Article to the United States armed forces, military selling establishments, etc., the member of the United States armed forces, civilian components, their dependents or contractors etc. notwithstanding the provision of Article 66 paragraph 1 of the Tobacco Monopoly Law or Article 42 paragraph 1 of the Salt Monopoly Law.
2 In the case where manufactured tobacco, cigarette paper or salt is transferred, in accordance with the provision of the preceding paragraph, the another party may receive these goods notwithstanding the provision of Article 66 item (1) of the Tobacco Monopoly Law or the provision of Article 42 item (1) of the Salt Monopoly Law.
Supplementary Provisions:
1 This Law shall come into force as from the day of the coming into force of the treaty.
2 With regard to the application of the provisions of Article 4, manufactured tobacco, cigarette paper for manufactured tobacco or salt which were imported by the certificates issued by the competent authorities of the Allied Forces before the enforcement of this Law, shall be deemed to have been imported with the application of the provision of Article 3 paragraph 1.
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru