Chapter 4: Designated investigating organization, etc


Section 2: Approved investigating organization

Article 31: Approval,etc. of approved investigating organization

When the related ministers receive an application from a person (limited to one seeking to conduct its business by means of an office located in a foreign country) seeking to conduct the whole or part of the investigation pursuant to the provisions of Article 6, paragraph 2 as applied mutatis mutandis in Article 15, paragraph 2 (including cases where they are applied mutatis mutandis in Article 7, paragraph 2 and Article 9, paragraph 3 as applied mutatis mutandis ins Article 15, paragraph 2) (hereinafter in this section referred to as "investigation"), they may approve such petition in accordance with the prescriptions of the ordinance of the related ministries

2. When the related ministers grant the approval provided for in the preceding paragraph, a person seeking to receive the accreditation stipulated in Article 15, paragraph 1, a renewal thereof or the accreditation of change provided for Article 9, paragraph 1 as applied mutatis mutandis in Article 15, paragraph 2 may, in accordance with the prescriptions of the ordinance of the related ministries, apply the person who received the approval provided for in the preceding paragraph (hereinafter referred to as "approved investigating organization") with respect to the investigations that the approved investigating organization conducts notwithstanding the provisions of Article 4, paragraph 2 as applied mutatis mutandis in Article 15, paragraph 2 (including cases where they are applied mutatis mutandis in Article 7, paragraph 2 as applied mutatis mutandis in Article 15, paragraph 2) and those of Article 9, paragraph 2 and Article 17, paragraph 3 as applied mutatis mutandis in Article 15, paragraph 2. In this case, the related ministers shall perform a review in consideration of the results of the investigation that the approved investigating organization gives notice of pursuant to the provisions of the following paragraph for the purpose of the accreditation provided for in Article 15, paragraph 1, a renewal thereof or the accreditation of change provided for Article 9, paragraph 1 as applied mutatis mutandis in Article 15, paragraph 2).

3. When the approved investigating organization has conducted the investigation associated with the petition provided for in the preceding paragraph, it shall, in accordance with the prescriptions of the orders of the related ministries, give notice of the results of said investigation to the related ministers without delay.

4. If an approved investigative organ suspends or abrogates the whole or part of the investigation service, it must give notice of that fact to related the ministers without delay.

5. When they have received the notice provided for in the preceding paragraph, related ministers shall make an announcement of that fact.

6. The provisions of Article 19 through Article 22 shall be applied mutatis mutandis to the approval provided for in paragraph 1, and the provisions of Article 24 through Article 27 shall be applied mutatis mutandis to the approved investigating organization. In this case, the term "order" in Article 25 paragraph 3 and in Article 27 shall be read as "request".


Article 32: Revocation of approval

If any of the following numbered items applies to an approved investigation organ, related ministers may revoke such approval:

i. if there is a violation of a provision of the preceding article, paragraph 3 or 4, or a provision of Article 21, paragraph 2, Article 24, Article 25, paragraph 1, or Article 26 as applied mutatis mutandis in the preceding article, paragraph 6;

ii. if Article 19, numbered item 1 or numbered item 3, as applied mutatis mutandis in the preceding article, paragraph 6, becomes applicable;

iii. if investigation service is performed in violation of the investigation service regulations authorized pursuant to Article 25, paragraph 1 as applied mutatis mutandis in the preceding article, paragraph 6;

iv. if there is a failure to comply with any request pursuant to the provisions of Article 25, paragraph 3 or Article 27 as applied mutatis mutandis in the preceding article, paragraph 6;

v. if the approval stipulated in the preceding article, paragraph 1 is received by any improper means;

vi. in a case where the related ministers find that any of the preceding numbered items applies to the approved investigating organization and requests that the whole or part of the investigation service be suspended for a prescribed period, the approved investigating organization fails to comply with such request;

vii. in a case where the related ministers have sought to compel the report of an approved investigating organization pursuant to the provisions of Article 35, paragraph 2 as applied mutatis mutandis in Article 35, paragraph 3, and either such report is not filed or a false report is filed; or

viii. in a case where the related ministers have sought to have its staff member conduct an inspection at the administrative office of an approved investigating organization pursuant to the provisions of Article 35, paragraph 2 as applied mutatis mutandis in Article 35, paragraph 3, and said approved investigating organization either refuses, obstructs, or evades such inspection or refuses to answer or provides false answers in response to questions posed pursuant to the provisions of the same paragraph.

2. When the related ministers has revoked a approval pursuant to the provisions of the preceding paragraph, the related ministers shall make an announcement of that fact.