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Cabinet Decision on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on Emergency Measures for Stabilizing Living Conditions of the Public

August 25, 2020

On August 25, 2020, a Cabinet Decision was made on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on Emergency Measures for Stabilizing Living Conditions of the Public (hereinafter referred to as the “Act”).

1. Purpose of the Cabinet Order

Article 26 (1) of the Act stipulates the provisions that in cases such as when a serious hindrance is likely to be caused to the stability of the living conditions of the public or the smooth operation of the national economy due to a substantial shortage of the supply of Essential Goods, etc., the Essential Goods, etc. may be designated by Cabinet Order and matters necessary for prohibition of transfer of the Essential Goods, etc., may be specified by Cabinet Order. Under the provisions of the Act, the government has taken certain measures, such as prohibiting the transfer of face masks and/or antiseptic alcohol by persons who have purchased them from sellers that sell such masks and/or alcohol to unspecified persons.

This Cabinet Order is to take necessary measures under the provisions of the Act because of the need to lift the current designation under the Act of face masks and antiseptic alcohol as Essential Goods, etc.

2. Summary of the Cabinet Order

Under the provisions of Articles 26 (1), 31 and 37 of the Act, the Cabinet Order is to stipulate the following provisions.

  1. The designation of face masks and antiseptic alcohol, which are goods currently designated as Essential Goods, etc. under the provisions of Article 26 (1) of the Act, should be lifted.
  2. The provisions stipulating the following should be repealed: a person who has purchased face masks and/or antiseptic alcohol from a seller that sells face masks and/or antiseptic alcohol to unspecified persons must not transfer those face masks and/or antiseptic alcohol, only in the cases where the person intends to transfer face masks and/or antiseptic alcohol by offering or inducing unspecified or many people to conclude a contract to trade the face masks and/or antiseptic alcohol at a price higher than the purchase price of the face masks and/or antiseptic alcohol.
  3. Penalties concerning cases where such persons violate the provisions should be repealed.
  4. With regard to the application of penalties to acts committed prior to the enforcement of the Cabinet Order, the provisions then in force should remain applicable.

3. Future schedule

Promulgation: August 28 (Fri.), 2020
Enforcement: August 29 (Sat.), 2020

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