Foreign Exchange and Foreign Trade Control Law. Copyright Roderick Seeman

Article 6 (Definitions)

For the purposes of uniformity in the application of this Law or any Order enacted thereunder, each of the following terms shall have the definition given to it below:

(1) "Japan" shall mean Honshu, Hokkaido, Shikoku, Kyushu, and other dependent islands thereof designated by Cabinet Order;

(2) "Foreign countries" shall mean areas outside Japan;

(3) "Our currency" shall mean the currency denominated in Japanese Yen;

(4) "Foreign currencies" shall mean the those other than our currency;

(5) A "resident" shall mean any natural person having his place of domicile or residence in Japan, or any juridical person having its main office in Japan. Any branch, representative office or other office in Japan of a non-resident, irrespective of whether it is legally authorized to represent its principal or not, shall be deemed to be a resident, even when its main office is in a foreign country;

(6) A "non-resident" shall mean any natural or juridical person other than a resident;

(7) "Means of payment" shall mean any one of those instruments of payment designated by a Cabinet Order such as bank notes, treasury notes, notes of small denomination, coins, cheques, bills of exchange, postal money orders, letters of credit, or other instruments of payment.

(8) "Foreign means of payment" shall mean any foreign currency, or any other means of payment, irrespective of the unit of currency, which is denominated in a foreign currency or can be used as a means of payment in a foreign country.

(9) Deleted.

(10) "Precious metal" shall mean gold, gold alloy, gold coins not in circulation, or other articles principally made of gold;

(11) "Securities" shall mean, irrespective of whether they are registered or not, government bonds, corporate debentures, stock, shares, instruments embodying rights to government bonds or stock, bonds, treasury bills, mortgage securities, profit certificates, coupons, dividend certificates, coupon bonds; or other securities or instruments designated by a Cabinet Order as similar to the above.

(12) "Foreign securities" shall mean securities payable in a foreign country, or denominated in a foreign currency;

(13) "Claimable rights" shall mean time deposits, current accounts, special current accounts, deposits at notice, insurance policies, current account balances, or any other monetary claims arising out of the lending and borrowing of money, bids, and current account balances which are not mentioned in any of the preceding Items;

(14) The "financial index, etc. futures contract" shall mean the contracts related to transactions similar to the securities index transactions provided for in Article 2, Paragraph 14 of the Securities Exchange Law (Law No. 25 of 1948), the securities options transactions provided for in Paragraph 15 of the same Article (from among the transactions listed in Item 2 of the same Paragraph, limited to those set out by Cabinet Order. Hereinafter in this Item the same) the financial futures of foreign securities markets as provided for in Paragraph 16 of the same Article (limited to those transactions similar to the securities index transactions transactions provided for in Paragraph 14 of the same Article and the securities options transactions provided for in Paragraph 15 of the same Article), the financial futures transactions provided for in Article 2, Paragraph 4 of the Financial Futures Trading Law (Law No. 77 of 1988) (limited to those which are classifiable as transactions listed in Item 2 of the same Paragraph or Item 3 of the same Paragraph (limited to those among the transactions listed in "a" of the same item, those set out by Cabinet Order). Hereinafter in this Item, the same) and financial futures transactions provided for in Article 2, Paragraph 4, in overseas financial futures markets provided for in Paragraph 7 of the same Article.

(15) "Goods" shall mean chattels other than precious metal, means of payment, securities, or other instruments embodying a claimable right; and

(16) "Properties" shall be construed as including those items designated in the preceding Items (7), (10), (11), (13), and (15).

2. When it is unclear whether a there is residency or nonresidency, it shall be in accord with the determinations of the Minister of Finance.