Foreign Exchange Control Order. Copyright Roderick Seeman

Article 13 (Deliveries, etc., of Recommendations or Orders)

1. The recommendations or orders based on the provisions of Article 23, Paragraph 2 or Paragraph 7, of the Law, shall be delivered in documentary form with the particulars of the said recommendations or orders noted therein, to the address, residence or place of business of the party which should receive that delivery, with delivery by mail or hand delivery. Provided, however, that for those situations where an exchange non-resident has filed reports of the said capital transactions through an exchange resident representative, delivery shall be made to the address, residence or place of business of the said representative.

2. In those situations where the documents provided for in the preceding paragraph are sent by mail in normal handling, that postal parcel shall be presumed to have arrived at the time normal mail should have arrived.

3. In those situations where the Minister of Finance sends the documents provided for in Paragraph 1 by mail in normal handling, adequate records must be prepared to confirm the name (for corporations, their names), of the party who should receive the delivery of the said documents (for the situations of the proviso of the same paragraph, the representative. Hereinafter in this article, the same), destination and the date of dispatch of the said documents.

4. The hand delivery in Paragraph 1 shall be the delivery of the said documents to the party who should receive that delivery, at the place where the delivery of the documents should be made as provided for in Paragraph 1 by an employee of the government administrative organization (including the employees of the Bank of Japan engaged in the duties listed in

, based on the provisions of Article 69, Paragraph 1 of the Law). Provided, however, that when the party who is to receive that delivery has no objection, delivery of the said documents can be made to other places.

5. For those situations listed in each of the following items, the hand delivery of Paragraph 1, in place of the delivery provided for in the preceding paragraph, can be made by the act designated in each of the said items:

(1) Situations where the party who should receive the delivery of the documents as provided for in Paragraph 1 is not present at the place where delivery should be made - delivery of the said documents may be made to an employee, other worker or a person at the same residence who has appropriate knowledge as to receipt of said documents (in the following item referred to as "employees, etc.");

(2) Situations where the party who should receive the delivery of the documents as provided for in Paragraph 1, and other employees, etc., are not present at the place where delivery should be made or those parties refuse to receive the said documents without justifiable reason - leave the said documents at the place where they should be delivered.

6. The notice based on the provisions of Article 23, Paragraph 4 of the Law must be made based on the procedures as established by Ministry of Finance Ordinance.