2003 JAPAN LAW: WEAPONS CONTROLS
Keywords: Terrorism, Exports, Iran, North Korea, Foreign Exchange and Foreign Trade Control Law.  
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
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What with the terrorism threat amok in the world today, a bellicose North Korea which rampages in a what appears a near mad like delirium, and shooting missiles over Japan, Japan has certainly been a willing partner in the crack down on the spread of weapons of mass destruction and the equipment needed to produce them. Indeed the revelation before the US Congress by knowledgeable North Korean defectors that 90% of the equipment used in North Korea’s efforts came from Japan (revealing Japan’s technological capabilities) pushed Japanese authorities to strengthen their efforts. On April 1, 2003 new legislation whereby all exports of equipment that could be converted to military applications will require government authorization prior to their export went into effect. Export of all materials that could be utilized in the development of weapons of mass production must receive the prior authorization of the Ministry of Economy, Trade and Industry. This is particularly true for anything going to North Korea.

In June 2003, the government arrested officials of a Japanese engineering company, Seishin Enterprise for exporting high tech grinding machines, called jet mills,  to both Iran and North Korea. Such machines are useful for grinding sold fuel into powder for use in rockets. Such exports require authorization in advance from the Japanese government under the Foreign Exchange and Foreign Trade Control Law. Such exports started with exports to Iran in 1987 and continued for 12 years. In 1994 the company exported such devices to North Korea. Indeed the police said they had found evidence at the company’s office that they had shown the Iranians data that the devices could be utilized for solid fuel for rockets. The company filed false customs reports about the exports.

In October five employees of a used car dealership in Fukuoka were arrested for shipping loading platforms for large truck trailers to North Korea without proper authorizations from the government and indeed lying on the forms it did complete in relation to the transaction. The loading platforms could possibly be utilized in relation to mobile missile launchers. Such transactions require authorization from the government under the Foreign Exchange and Foreign Trade Control Law. They did not seek such authorization. Moreover, although the actual charge for the vehicles was 3.75 million yen, on customs forms they wrote the price was only 250,000 yen, which at being under 300,000 yen would require less stringent customs inspections.

In May 2003 ten companies unsuccessfully attempted to export high tech equipment on 17 different occasions to North Korea that could be used in the production of weapons of mass destruction. Some of the companies had been established by Koreans resident in Japan. One of the firms, owned by a North Korean, had been raided earlier in the month for attempting to export current converters to North Korea via Thailand. The devices could be used in the development of nuclear weapons. Other transactions involved vacuum freeze dryers and electronic balances which could be used for biological weapons and 30 ton tractors and tensile testers that could be used in missile development.