Foreign Exchange and Foreign Trade Control Law. Copyright Roderick Seeman

Article 30 (Recommendation of alteration, etc., of conclusion, etc., of agreement for importation of technology)

1. When a resident attempts to conclude an agreement from among the conclusion, of agreements for importation of technology, etc., with nonresidents, that, as per the provisions of Cabinet Order, is likely to be classifiable as the conclusion of agreements for importation of technology, etc. requiring an examination as per the provisions of Paragraph 3, as per the provisions of Cabinet Order, notification must be made in advance to the Minister of Finance and the Minister(s) in charge of the industry involved, of the terms of the contract and such other matters decided by Cabinet Order, concerning the said conclusion, of agreements for importation of technology, etc.

2. Residents making the notification provided for in the previous Paragraph concerning the said conclusion, of agreements for importation of technology, etc. for a period of up to 30 days calculated from the date that the Minister of Finance and the Minister(s) in charge of the industry involved accepted the notification, must not carry out the conclusion, of agreements for importation of technology, etc. related to the said notification. Provided however, that the Minister of Finance and the Minister(s) in charge of the industry involved can shorten the said period when, prior to the expiration of that period, it is recognized that the conclusion, of agreements for importation of technology, etc. related to the said notification, from the viewpoint of the variety of the technology and other factors, is not classifiable as a conclusion, of agreements for importation of technology, etc. requiring an examination as provided in the provisions of the following Paragraph.

3. When a notification has been made under the provisions of Paragraph 1, and the Minister of Finance and the Minister(s) in charge of the industry involved recognize that it is necessary to make an inquiry in order to determine whether the conclusion, of an agreement for importation of technology, etc. related to the said notice

(restricted to a conclusion of an agreement for importation of technology etc., with a nonresident from a nation which is a signatory of a treaty that Japan has joined with multiple nations concerning the conclusion, of agreement for importation of technology, etc., or other international commitments as set out by Cabinet Order (hereinafter in this Paragraph called "treaties, etc.")

where there are not obligations based on the said treaty, etc. concerning the removal of restrictions on the conclusion, of agreement for importation of technology, etc. and a

conclusion, of an agreement for importation of technology, etc. made with a nonresident from a nation which is not a signatory of the said treaties, etc. but where the said nation is treated as a signatory nation of the said treaties, etc., such that there are also no such obligations.

(In the next Paragraph and Paragraph 5 called "conclusion of agreement for importation of technology, etc. related to national security, etc".)

if executed, would cause apprehension as to the occurrence of any of the below mentioned consequences, they may extend the period during which the execution of the conclusion, etc., of agreement for importation of technology is prohibited up to four (4) months, counting from the day of their acceptance of the notice:

(1) It might imperil the national security, disturb the maintenance of public order, or hamper the protection of the safety of the general public; or

(2) It might adversely and seriously affect the smooth performance of our national economy.

4. The Minister of Finance and the Minister(s) in charge of the industry involved, when the period during which the said conclusion, of an agreement for importation of technology, etc can not be carried out, based on the provisions of the previous Paragraph, and when, before the expiration of the said extended period, it is recognized that the result of the examination of the same paragraph is that the said conclusion, of an agreement for importation of technology, etc related to the notification based on the provisions of Paragraph 1, is not a conclusion, of an agreement for importation of technology, etc. related to national security, can shorten the said extended period.

5. The Minister of Finance and the Minister(s) in charge of the industry involved, when the period during which the conclusion, of an agreement for importation of technology may not be carried out, has been extended, as provided in Paragraph 3, and when the result of the examination based on the provisions of the same Paragraph, is that the conclusion, of an agreement for importation of technology, etc. related to the notification based on the provisions of Paragraph 1, is classifiable as a conclusion, of an agreement for importation of technology, etc. related to national security, etc, can ask for the opinion of the Committee of Foreign Exchange and other Transactions, and, as per the provisions of Cabinet Order, recommend to the party making the notification of the said conclusion, of an agreement for importation of technology, etc. to alter the particulars of the said direct domestic investment, etc. or suspend the execution thereof. Provided however, that the period during which the said Recommendation to alter or suspend the said conclusion, of an agreement for importation of technology, etc can be made shall be the period calculated from the date that such notification was accepted up to the last day of the extended period provided in the next Paragraph, or Paragraph 3.

6. When the Committee on Foreign Exchange and other Transactions is asked for its opinion for the inquiry provided for by the previous Paragraph, and expresses its concern that it would be difficult to give its opinion within the period of four (4) months as provided by Paragraph 3, due to the nature of the subject matter, the period provided in the same Paragraph during which the conclusion, of agreement for importation of technology, etc. is prohibited shall become five (5) months, regardless of the provisions of Paragraph 5.

7. When recommendations are made under the provisions of Paragraph 5, the provisions of Article 27, Paragraph 7 through Paragraph 12 shall be applicable thereto mutatis mutandis. A Cabinet Order shall provide for the technical re-readings of such mutatis mutandis application.