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Security Export Control Policy Division,
Trade Control Department


Japan’s Policies on the Control of Arms Export

The Government of Japan has been dealing carefully with "arms" exports in accordance with the policy guideline named Three Principles on Arms Exports (hereinafter referred to as "the Three Principles") in order to avoid any possible aggravation of international conflicts.

Under the Three Principles, "arms" exports to the following countries or regions shall not be permitted:

(1) communist bloc countries,
(2) countries subject to "arms" exports embargo under the United Nations Security Council's resolutions, and
(3) countries involved in or likely to be involved in international conflicts.

The Three Principles have been the basic policy concerning Japan's "arms" exports since they were declared at the Diet session in 1967.

Subsequently, in February 1976, the Government of Japan announced the collateral policy guideline at the Diet session that the "arms" exports to other areas not included in the Three Principles will be also restrained in conformity with Japan's position as a peace-loving nation. In other words, the collateral policy guideline declared that the Government of Japan shall not promote "arms" exports, regardless of the destinations.

The Ministry of Economy, Trade and Industry (METI) controls Japan's "arms" exports, based on the Foreign Exchange and Foreign Trade Act. The exports of "arms" and equipment for arms production listed in the Export Trade Control Order (see Annex) require export licenses to all destinations, since those transactions could be obstructive to the maintenance of international peace and security. In addition, "arms" trades mediated between foreign countries by Japanese agent need METI's license.

The term "arms" as referred to in the Three Principles is defined as "goods which are listed in Item 1 of Annexed List 1 of the Export Trade Control Order of Japan (see Annex), and which are to be used by military forces and directly employed in combat." Such "arms" include specially-designed parts and accessories as well as finished products. The question of whether each item falls under such "arms" or not will be judged objectively based on its shape, feature and other technical aspects, and regardless of its end-use. On the other hand, so-called dual-use items do not fall under such "arms."

Based on other relevant laws, the Government of Japan also deals with in a strict manner:

(1) direct overseas investment for the purpose of manufacturing "arms" abroad, and
(2) participation in the overseas construction projects of military facilities.

The export of technologies which are exclusively related to the design, production and use of "arms" as defined in paragraph 5 above (hereinafter referred to as the "military technologies") is treated in the same manner as the export of "arms." However, in order to ensure the effective operation of the Japan-United States security arrangements, the Government of Japan paved the way for the transfer of the military technologies to the United States as an exception to the Three Principles.


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Annex


Arms and Arms Production­related Equipment listed as Item 1 of the Annexed list 1 of the Export Trade Control Order



　

(l) Firearms and cartridges to be used therefor (including those to be used for emitting light or smoke), and accessories thereof, as well as parts thereof.

(2) Ammunition (excluding cartridges), and equipment for its dropping or launching, and accessories thereof, as well as parts thereof.

(3) Explosives (excluding ammunition) and military fuel.

(4) Explosive stabilizers.

(5) Directed energy weapons and parts thereof.

(6) Kinetic energy weapons (excluding firearms) and equipment for their launching, as well as parts thereof.

(7) Military vehicles, and accessories and bridges specially designed for military use thereof, as well as parts thereof.

(8) Military vessels, and hulls and accessories thereof, as well as parts thereof.

(9) Military aircraft and accessories thereof, as well as parts thereof.

(10) Anti­submarine nets and anti­torpedo nets as well as buoyant electric cable for sweeping magnetic mines.

(11) Armor plates and military helmets, as well as bullet­proof jackets and parts thereof.

(12) Military searchlights and control equipment thereof.

(13) Bacterial, chemical, and radio­active agents for military use, as well as equipment and parts thereof for dissemination, protection, detection, or identification thereof.

(13-2)Chemical mixtures specially formulated for the decontamination of objects contaminated with biological agents and radioactive materials adapted for use in war and chemical warfare agents.

(14) Biopolymers for detection and identification of chemical agents for military use and cultures of cells for production thereof, as well as biocatalysts for decontamination and degradation of chemical agents for military use and expression vectors, viruses or cultures of cells containing the genetic information necessary for production thereof.

(15) Equipment and parts thereof for the production or testing of military explosives.

(16) Equipment for the production or testing of arms, as well as parts and accessories thereof.