In accordance with these Orders, (1) the enforcement date of the partial revision of the Foreign Exchange Act and Foreign Trade Act legislated in this year’s Ordinary Session of the diet (the “Revised Law”) is to be November 1st of this year, and (2) the Acts impose mandatory authorization procedures etc. for persons exporting devices that, under the Revised Law, carry potentially lethal technology with regard to security implemented under the Revised Law.

(1) Under the Cabinet Order, the effective date of the law partially revising the Foreign Exchange Act and Foreign Trade Act is to be November 1st (the Revised Law stipulates the Acts to be effective within one year (April 30) from its promulgation.)  Notwithstanding the above, however, the enforcement date for those parts pertaining to Chapter 6. 3 (Exporter Compliance Guidelines) shall be April 1 of next year.

(2) Partial Revision of the Foreign Exchange Order (Effective on the same date as the date of the Revised Law)

1. As a rule, authorization procedures are mandatory for all persons exporting devices carrying potentially lethal technical information with regard to security.
2. The scope of items which are deemed to be particularly likely to be used in the development etc., of nuclear weapons etc. for which persons committing an unauthorized export would be sentenced to no longer than 10 years of imprisonment with labor, is defined.
3. Other adjustments made in compliance with the implementation of the Revised Law (control and supervision of customs, competent minister to be in charge of the collection of reports, renumbering of articles, etc.)

Promulgation: August 14, 2009

August 11, 2009

Trade Control Policy Division, Trade and Economic Cooperation Bureau