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This English translation of the "Act on Identification, etc. by Mobile Voice Communications Carriers of their Subscribers, etc. and for Prevention of Improper Use of Mobile Voice Communications Services"(Effective April 15, 2005 has been prepared in compliance with the Standard Bilingual Dictionary (March 2007 edition). This is an unofficial translation. Only the original Japanese texts of acts and regulations have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese acts and regulations. The Government of Japan shall not be responsible for the accuracy, reliability or currency of the legislative material provided in this Website, or for any consequence resulting from use of the information in this Website. For all purposes of interpreting and applying act to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette. Act on Identification, etc. by Mobile Voice Communications Carriers of their Subscribers, etc. and for Prevention of Improper Use of Mobile Voice Communications Services Act No. 31 of 2005 Chapter I General Provisions Article 1 Purpose The purpose of this Act is to facilitate the establishment of a system for the management of subscribers by mobile voice communications carriers and to prevent the improper use of mobile voice communications services, by stipulating such matters as the identification confirmation measures to be taken by mobile voice communications carriers at the time of the conclusion, etc. of a contract for the provision of mobile voice communications services and the measures to be taken in connection with the transfer, etc. of telephonic call- capable terminal facilities. Article 2 Definitions 1 In this Act, the term "mobile voice communications" shall mean radio including voice transmitted, conveyed or received communications in sound, to as a "radio station" 2 between radio stations to be established for mobile use in paragraph 4 , referred and fixed radio stations to be established on land for communications with said mobile radio stations. In this Act, the term "mobile voice communications service" shall mean a -1- telecommunications service pertaining to mobile voice communications, among those defined in Article 2 item Law No. 86 of 1984 iii of the Telecommunications Business Law hereinafter referred to as "telecommunications service" , MIC hereinafter referred to as "the applicable and which are specified by the applicable Ordinance of the Ministry of Internal Affairs and Communications Ordinance of MIC" as those which are deemed necessary for promoting the establishment of management systems for those who receive such mobile voice communications services. 3 In this Act, the term "mobile voice communications carrier" shall mean a carrier provides mobile voice communications in services, 2 item among v those of the carriers stipulated Article who telecommunications 4 Telecommunications Business Law. In this Act, the term "mobile voice communications terminal facilities" shall of mean among those telecommunications facilities stipulated in Article 2 item ii conducting mobile voice communications. 5 In this Act, the term "telephonic call-capable terminal facilities " shall mean referring to the telecommunications circuit used for telephonic call-capable mobile voice communications terminal facilities connected to telecommunications circuit facilities facilities stipulated in Article 9 of the Telecommunications Business Law the provision of mobile voice communications services. Chapter II Identification Confirmation, etc. Article 3 Identification Confirmation Obligation, etc. In Concluding Contract 1 When a mobile voice communications carrier intends to conclude a contract for with a person who wishes to receive such service, the provision of a mobile voice communications service hereinafter referred to as a "service provision contract" said carrier shall confirm, by methods stipulated in the applicable Ordinance of MIC including by receiving the presentation of a driver's license , the identity of the person hereinafter referred to as "identification confirmation" referred to as the "counterparty" wishing to become the counterparty to the service provision contract article and Article 11, item i hereinafter in this With respect to the Telecommunications Business Law, a radio station's radio facilities for the matters specified in the following items according to the classification of the counterparty hereinafter referred to as "identification matters" . i ii 2 Natural person: his or her name, address and date of birth Juridical person: its name and address of head or principal office Where a mobile voice communications carrier performs the identification confirmation of the counterparty, in cases where a representative of a corporation concludes a service provision contract for said corporation, including cases where a -2- natural person acting for said corporation who is actually authorized to conclude the service provision contract with said mobile voice communications carrier differs from said counterparty except the case specified in the following paragraph , said mobile voice communications carrier shall confirm the identification of said natural person in charge of concluding the service provision contract identification of said counterparty. 3 In cases where the counterparty is a person specified by the applicable Ordinance of MIC, including the national government, local public entity, association or foundation that is not a juridical person, the provisions of paragraph 1 shall apply by deeming a natural person acting for said national government, local public entity, association or foundation that is not a juridical person, who is in fact authorized to conclude the service provision contract with said mobile voice communications carrier, as the counterparty. 4 In the cases where the mobile voice communications carrier performs the identification confirmation, the counterparty including the natural person deemed as the counterparty pursuant to the provisions of the preceding paragraph; the same shall apply hereinafter in this paragraph and in Article 11 item i representative, etc. shall not falsify their identification matters. Article 4 Obligation to Prepare Identification Records, etc. 1 When identification confirmation is performed, any mobile voice communications shall immediately prepare the records of matters regarding the hereinafter referred carrier and the in paragraph 4 and Article 11 item i , referred to as the "representative, etc." , in addition to the identification stipulated in the applicable Ordinance of MIC stipulated in the applicable Ordinance of MIC. 2 to as "identification records" , including identification matters, in a manner as The mobile voice communications carrier shall retain identification records for three years from the day of the termination of the service provision contract. Article 5 Identification Confirmation Obligation, etc. at the Time of Transfer 1 In changing the name of the subscriber who concludes a service provision hereinafter referred to as a "subscriber" due to transfer of terminal contract facilities functional for voice communications or otherwise succession of status as the person receiving a mobile voice communications service under said service provision contract, the mobile voice communications carrier shall confirm the identification matters regarding a new person who will receive said mobile voice communications service under said service provision contract due to such change of name hereinafter referred to as a "transferee, etc." hereinafter referred to as "identification confirmation at the time of transfer" , by methods as stipulated in the applicable Ordinance of MIC, including producing a driver's license. -3- 2 The provisions of Article 3 paragraphs shall apply, mutatis 2 through to the 4 and of the preceding of identification paragraph mutandis, cases confirmation at the time of transfer confirmed by the mobile voice communications carrier in accordance with the provisions of the preceding paragraph. In this case, the "counterparty" in Article 3 paragraphs 4 2 through 4 shall be read as through ii "; "transferee, etc."; "identification confirmation" in Article 3 paragraphs 2 "Article 11 item shall be read as "identification confirmation at the time of transfer" and i " in said paragraphs shall be read as "Article 11 item shall be read as "Article 5 paragraph shall be read as "paragraph 1 " in Article 11 paragraph 3 1 "; and "identification confirmation" in Article 4 paragraph 1 "identification confirmation at the time of transfer". Article 6 Identification Confirmation, etc. by Intermediary Agency, etc. 1 A mobile voice communications carrier may cause the persons who, as a hereinafter business, intermediate, commission or represent, on behalf of said voice communications carrier, the conclusion of service provision contracts referred to as an "intermediary agency, etc." 2 confirmation or identification confirmation at the time of transfer. When a mobile voice communications carrier commission an intermediary agency, etc. to perform the identification confirmation or identification confirmation at the time of transfer pursuant to the provisions of the preceding paragraph, the carrier shall not be required to perform such identification confirmation or identification confirmation at the time of transfer, notwithstanding the provisions of Article 3 paragraph paragraph 1 3 2 , as applied, mutatis mutandis, pursuant to the 1 and 2 , or the provisions of Article 5 1 shall apply, mutatis provisions of Article 3 paragraphs to perform the identification and in Article 5 paragraph 2 . The provisions of Article 3 and Article 4 paragraph mutandis, to the case of identification confirmed by an intermediary agency, etc. in accordance with the provisions of paragraph 1 of this article. In this case, the term "mobile voice communications carrier" in Article 3 shall be read as "intermediary agency, etc."; and "when identification confirmation is performed" in Article 4 paragraph 1 shall be read as "when identification confirmation is performed by an intermediary agency, etc. in accordance with the provisions of Article 6 paragraph 1 ". 4 1 The provisions of Article 3 paragraphs 2 through 4 , Article 4 and paragraph of the preceding article shall apply, mutatis mutandis, in the case of of this article. In this case, "mobile through 4 identification at the time of transfer confirmed by an intermediary agency, etc. pursuant to the provisions of paragraph 1 voice communications carrier" appearing in Article 3 paragraphs 2 shall be read as "intermediary agency, etc." and the "counterparty" in Article 3 -4- paragraphs 2 through 4 shall be read as "transferee, etc."; "identification and 4 shall be read as "identification i " in Article 3 1 "; "when shall be read confirmation" in Article 3 paragraphs 2 paragraphs 2 and 4 3 confirmation at the time of transfer" and "Article 11 item Article 3 paragraph shall be read as "Article 11 item ii "; "paragraph 1 " in shall be read as "Article 5 paragraph 1 identification confirmation is performed" in Article 4 paragraph as "when identification confirmation at the time of transfer is performed by an intermediary agency, etc. in accordance with the provisions of Article 6 paragraph 1 "; "matters regarding the identification" in Article 4 paragraph voice communications carrier" in paragraph read as "intermediary agency, etc.". Article 7 Consent of Mobile Voice Communications Carrier at the Time of Transfer 1 When any subscriber intends to transfer to another person the telephonic subscriber must obtain the prior consent of the mobile call-capable terminal facilities pertaining to the service provision contract to which it is a subscriber, such voice communications carrier, except in cases where it transfers such facilities to a family member, relative or dependent. 2 Any mobile voice communications carrier shall not give the consent stipulated in the preceding paragraph, until said carrier completes identification confirmation at the time of transfer regarding the transferee, etc. or until an intermediary agency, etc. completes identification confirmation at the time of transfer pursuant to the provisions of paragraph 1 of the preceding article. 1 1 shall be read as "matters regarding the identification at the time of transfer"; and "mobile of the preceding article shall be Article 8 Request for Subscriber Identification 1 When the police commander deems necessary, in either case falling under the following items, in order to facilitate prevention of improper use of mobile voice communications services, the police commander may request the mobile voice communications carrier, who has concluded a service provision contract for telephonic call-capable terminal facilities pertaining to the crimes falling under the following items, to confirm the matters stipulated in paragraph 1 of the following article pertaining to the subscriber of said service provision contract, in a manner stipulated in the Rules of the National Public Safety Commission. i In cases where there is a probable cause to find that a crime stipulated in this Act limited to crimes under Articles 19 through 22 and Article 26 limited to part pertaining to crimes under Articles 19 through 22 ii has been committed In cases where there is a probable cause to find that a mobile voice or any other act falling under communications service is used in acts falling under a crime under Article 246 or Article 249 of the Penal Code Act No. 45 of 1907 -5- a crime specified in the applicable cabinet order as requiring prevention of damages or danger to the public which may arise from such act in which mobile voice communications services are often used 2 The National Public Safety Commission shall consult with the Minister of in Internal Affairs and Communications hereinafter referred to as "the Minister" Commission as stipulated in the preceding paragraph. Article 9 Subscriber Confirmation 1 The mobile voice communications carrier who is requested to perform the 1 of the preceding article confirmation pursuant to the provisions of paragraph advance, when it intends to set forth the Rules of the National Public Safety may confirm, with respect to the subscriber concerned, the identification matters and other matters specified in the applicable Ordinance of MIC as necessary matters for confirmation that such a subscriber holds the status under the service provision contract as a subscriber to the mobile voice communications service hereinafter referred to as "subscriber confirmation" , in a manner as specified in the applicable Ordinance of MIC. 2 The Minister shall consult with the National Public Safety Commission in advance, when he or she intends to set forth the applicable Ordinance of MIC stipulated in the preceding paragraph. 3 The provisions of Article 3 paragraphs 2 through 4 shall apply, mutatis mutandis, to the case of confirmation of the subscriber performed by the mobile voice communications carrier pursuant to the provisions of paragraph 1 . In this case, the term "the counterparty" in paragraphs 2 through 4 2 through 4 of the same article shall be read as the "subscriber"; "identification confirmation" in paragraphs of the same article shall be read as "subscriber confirmation"; 1 " in paragraph 3 of the same article shall be read as "Article 11 item i " in the same paragraphs shall be read as "Article 11 item iv "; and "paragraph "Article 9 paragraph 1 ". Article 10 Prohibition of Lending Business to Unidentified Persons No person shall engage in the business of lending telephonic call-capable terminal facilities for value, without confirming the matters specified in the following items, to a person falling under any of the following items: i Natural person: his or her name and address or telephone number limited to another telephone number than that of said telephone call-capable terminal facilities pertaining to lending , or other points of contact ii Juridical person: its name and address of head or principal office of business Article 11 Refusal to Provide Mobile Voice Communications Services, etc. -6- In the cases listed under the following items, mobile voice communications carriers may refuse to provide mobile voice communications services and other telecommunications services than said mobile voice communications services that are to be made available via telephonic call-capable terminal facilities pertaining to a service provision contract. i Where the counterparty or the representative, etc. refuses to undergo the identification confirmation ii limited to the period until said counterparty or representative, etc. undergoes the identification confirmation Where the transferee, etc. or the representative, etc. refuses to undergo the limited to the period until identification confirmation at the time of transfer confirmation at the time of transfer iii iv Where the telephonic call-capable terminal facilities are transferred in violation of the provisions of Article 7 paragraph 1 Where the subscriber or the representative, etc. refuses to undergo the confirmation of the identification matters pursuant to the provisions of Article 9 paragraph v 1 limited to the period until said subscriber or representative, etc. undergoes said confirmation Where the telephonic call-capable terminal facilities are lent in violation of the provisions of the preceding article Article 12 Supervision of Intermediary Agency, etc. When a mobile voice communications carrier determines to have an intermediary agency, etc. perform the identification confirmation or identification confirmation at the time of transfer pursuant to the provisions of Article 6 paragraph 1 , said carrier shall perform necessary and appropriate supervision of such intermediary agency, etc. in a manner specified in the applicable Ordinance of MIC, to ensure such identification confirmation or identification confirmation at the time of transfer. Chapter III Supervision Article 13 Reporting The Minister may, to the extent necessary for the enforcement of this Act, request any mobile voice communications carrier same shall apply in the following article business. Article 14 On-site Inspection 1 The Minister may, to the extent necessary for the enforcement of this Act, have ministerial officials enter into a business office or other premises of a mobile voice including intermediary agency, etc.; the to submit reports or materials on its said transferee, etc. or representative, etc. undergoes the identification -7- communications carrier, inspect identification records or other properties, or ask relevant persons some questions concerning its operations. 2 3 In the case of the preceding paragraph, said officials shall carry an identification The authority conferred under the provisions of paragraph 1 of this article card and produce it to the persons concerned upon request from said persons. shall not be construed as being invested in the ministerial officials for the purpose of detecting a crime. Article 15 Correction Order 1 When the Minister finds that any mobile voice communications carrier is, in 1, or 3 including the cases where these provisions apply, , Article 4 paragraph 1 or Article 6 paragraph 2 including including respect of its operations, in violation of the provisions of Article 3 paragraph Article 3 paragraph 2 mutatis mutandis, to Article 5 paragraph 2 2 2 2 2 and Article 6 paragraphs 3 and Article 6 paragraph 4 and 4 the cases where these provisions apply, mutatis mutandis, to Article 5 paragraph the case where these provisions apply, mutatis mutandis, to Article 5 paragraph , Article 5 paragraph 1 , Article 7 paragraph or Article 12, the Minister may order said mobile voice communications carrier When the Minister finds that any intermediary agency, etc. is, in respect of its through 3 to take necessary measures for correcting said violation. operations, in violation of the provisions of Article 3 paragraphs 1 3 paragraph 2 or 3 , or Article 5 paragraph 1 as applied, mutatis mutandis, in Article 6 paragraph 3 , or in violation of Article as applied, mutatis mutandis, in Article 6 paragraph 4 , the Minister may order said intermediary agency, etc. to take necessary measures for correcting said violation. Chapter IV Miscellaneous Provisions Article 16 Commission The Minister and the National Public Safety Commission shall cooperate with each other for prevention of improper use of mobile voice communications services. Article 17 Entrustment to Order In addition to the provisions specified in this Act, other matters necessary for the enforcement of this Act shall be specified in the applicable Ordinance of MIC or the Rules of the National Public Safety Commission. Article 18 Transitional Measures In the cases where stipulating, amending or abolishing orders pursuant to the Cooperation between the Minister and the National Public Safety -8- provisions of this Act, necessary transitional measures measures concerning penal provisions of said orders. Chapter V Penal Provisions Article 19 including transitional may be set forth by such orders, to the extent deemed reasonably necessary in line with such stipulation, amendment or abolition Any person who has violated the provisions of Article 3 paragraph paragraph 2 , Article 6 paragraphs 3 and 4 4 including 3 in the cases where said provisions shall be applied, mutatis mutandis, in Article 5 and Article 9 paragraph order to conceal the identification matters shall be punished by a fine not exceeding five hundred thousand yen. Article 20 1 Any person who has transferred telephonic call-capable terminal facilities for value as business, in violation of the provisions of Article 7 paragraph 1 , shall be punished by imprisonment with work not exceeding two years or a fine not exceeding three million yen, or both. 2 Any person who has accepted transfer of said telephonic call-capable terminal facilities for value as business, knowing the counterparty is in violation of the provisions of Article 7 paragraph 1 , shall be punished by the same punishment of the preceding paragraph. Article 21 1 Any person who has transferred telephonic call-capable terminal facilities pertaining to a service provision contract to which said person is not the subscriber shall be punished by a fine not exceeding five hundred thousand yen. 2 Any person who has accepted transfer of telephonic call-capable terminal facilities from the counterparty, knowing that the counterparty is not the subscriber to said service provision contract pertaining to said telephonic call-capable terminal facilities, shall also be punished by the same punishment of the preceding paragraph. 3 1 Any person who has committed such acts falling under crime under paragraph or the preceding paragraph, as business, shall be punished by imprisonment with work not exceeding two years or a fine not exceeding three million yen, or both. Article 22 1 Any person who has violated the provisions of Article 10 shall be punished by -9- imprisonment with work not exceeding two years or a fine not exceeding three million yen, or both. 2 Any person who has been leased the telephonic call-capable terminal facilities pertaining to said violation, knowing that the counterparty is in violation of the provisions of Article 10, shall be punished by a fine not exceeding five hundred thousand yen. Article 23 Any person, who has solicited or lured by advertisement or other similar means other persons into becoming the counterparty of the acts falling under crimes in Article 20, Article 21 paragraph 1 or 2 , or paragraph 1 of the preceding article, shall be punished by a fine not exceeding five hundred thousand yen. Article 24 Any person who has violated the order pursuant to the provisions of Article 15 shall be punished by imprisonment with work not exceeding two years or a fine not exceeding three million yen, or both. Article 25 Any person who falls under any of the following items shall be punished by imprisonment with work not exceeding one year or a fine not exceeding three million yen, or both: i ii any person who has failed to submit the reports or materials or who has submitted false reports or materials pursuant to the provisions of Article 13; any person who has failed to answer questions of said ministerial officials 1 or who has given false pursuant to the provisions of Article 14 paragraph pursuant to the provisions of the same paragraph. Article 26 Where the representative of a juridical person, or an agency, staff or other employee of a juridical person or a person has committed acts violating any of the provisions in Articles 19 through 25 with regard to the business operations of said juridical person or individual, not only the offender shall be punished but also said juridical person or individual shall be punished by the fine prescribed in the respective articles. Supplementary Provisions Article 1 Effective Date answers to said questions, or who has refused, hindered or evaded the inspection - 10 - This Act shall come into force as from the day specified in the applicable cabinet order within a period not exceeding one year calculating from the day of promulgation. However, the provisions listed in the following items shall come into force as from the day specified respectively in those items. i ii The provisions of Article 8 paragraph from the day of promulgation The provisions of Article 8 paragraph 1 , Article 9 paragraphs 1 and v and 3 , , Article Article 10, Article 11 limited to parts pertaining to items iv ; the same shall apply hereinafter in this item the day of promulgation have elapsed Article 2 Transitional Measures 1 With respect to a person who, at the time of the enforcement of this Act, is actually using a mobile voice communications service based on a service provision contract hereinafter referred to as a "user at the time of the effective date" , the mobile voice communications carrier concerned shall confirm the identification matters of the user as of the effective date hereinafter referred to as the "identification confirmation of the user at the time of the effective date" , by the date stipulated in the applicable Ordinance of MIC, by methods as stipulated in the applicable Ordinance of MIC, including producing a driver's license. However, this shall not apply to the cases listed in the following items: i in the cases where the mobile voice communications carrier has performed, prior to the day of enforcement of this Law, the confirmation of the matters pursuant to the provisions of Article 3 paragraph 1 which are sufficient to identify the user at the time of the effective date, and where the records concerning such confirmation are prepared and maintained; ii in the cases where the identification confirmation at the time of transfer is performed prior to the identification confirmation of the user at the time of the effective date; and iii in the cases where the service provision contract concerned is terminated prior to the identification confirmation of the user at the time of the effective date. 2 The provisions of Article 3 paragraphs 2 through 4 and Article 4 shall apply, mutatis mutandis, to the case where the mobile voice communications carrier confirms the identification of the user at the time of the effective date pursuant to the provisions of the preceding paragraph. "counterparty" in Article 3 paragraphs 2 through 4 In this case, the 2 and shall be read as the "user 2 and Article 9 paragraph 2 : As 16, Article 22, Article 23 limited to parts pertaining to Article 22 paragraph 1 and Article 26 limited to parts pertaining to Articles 22 and 23 : As from the day on which twenty days from at the time of the effective date"; "identification" in Article 3 paragraphs - 11 - 4 shall be read as "identification of the user at the time of the effective date" and i " in the same paragraphs shall be read as "Article 4 of the 1 " in Article 3 paragraph 1 3 shall be 1 of the Supplementary Provisions"; and shall be read as "identification of the 1 item i shall be "Article 11 item Supplementary Provisions"; "paragraph read as "Article 2 paragraph "identification" in Article 4 paragraph user at the time of the effective date". 3 The records of the confirmation stipulated in paragraph paragraph 2 shall apply. deemed to be the identification records, and to which the provisions of Article 4 Article 3 1 2 The mobile voice communications carrier may have an intermediary agency, etc. In the cases where the mobile voice communications carrier has decided, confirm the identification of the user at the time of the effective date. pursuant to the provisions of the preceding paragraph, to have an intermediary agency, etc. confirm the identification of the user at the time of the effective date, said mobile voice communications carrier shall not be required to confirm said identification of the user at the time of the effective date, notwithstanding the provisions of Article 3 paragraph paragraphs 1 3 and 2 . through 4 , Article 4, Article 12 and 1 shall be applied, mutatis mutandis, to the case of the 1 of this 2 as applied, mutatis mutandis, in Article 2 The provisions of Article 3 paragraphs 2 Article 2 paragraph identification of the user at the time of the effective date confirmed by an intermediary agency, etc. pursuant to the provisions of paragraph 2 through 4 shall be read as article. In this case, "mobile voice communications carrier" in Article 3 paragraphs "intermediary agency, etc." and the 2 and 4 shall be read "counterparty" in the same paragraphs shall be read as the "user at the time of the effective date"; "identification" in Article 3 paragraphs as "identification of the user at the time of the effective date" and "Article 11 item i " in the same paragraphs shall be read as "Article 4 of the Supplementary Provisions"; "paragraph 1 " in Article 3 paragraph 3 paragraph 1 confirmed" in Article 4 paragraph 1 shall be read as "Article 2 of the Supplementary Provisions"; "When the identification is shall be read as "When the identification of 1 of the Supplementary the user at the time of the effective date is confirmed by an intermediary agency, etc. pursuant to the provisions of Article 3 paragraph Provisions" and "matters regarding the identification" in the same paragraph shall be read as "matters regarding the identification of the user at the time of the effective date"; "Article 6 paragraph 1 " in Article 12 shall be read as "Article 3 paragraph 1 of the Supplementary Provisions" and the "identification or the identification at the time of transfer" in the same article shall be read as the - 12 - "identification of the user at the time of the effective date" and "such identification confirmation or identification confirmation at the time of transfer" in the same article shall be read as "said identification confirmation of the user at the time of the effective date"; and the "mobile voice communications carrier" in paragraph 1 of the preceding article of the Supplementary Provisions shall be read as "an intermediary agency, etc.". Article 4 In the cases where a person who is the user at the time of the effective date and to whom the provisions of the main clause of Article 2 paragraph Supplementary Provisions mutatis mutandis, in paragraph 3 of the preceding article 1 of the including the case where said provisions are applied, shall apply, or the representative, etc., fails to undergo the identification confirmation of the user at the time of the effective date, the mobile voice communications carrier concerned may refuse to provide the mobile voice communications services and other telecommunications services than said mobile voice communications services which are to be made available via the telephonic call-capable terminal facilities covered pertaining to a service provision contract, during the period until said user at the time of the effective date or the representative, etc. undergoes the identification confirmation at the time of transfer. Article 5 1 When the Minister finds that any mobile voice communications carrier is, with 1 of the regard to the business of the identification confirmation of the user at the time of the effective date, in violation of the provisions of Article 2 paragraph Supplementary Provisions, Article 3 paragraph 2 mutatis mutandis, in Article 2 paragraph 2 paragraph violation. 2 When the Minister finds that any intermediary agency, etc. is, with regard to the business of the identification confirmation of the identification of the user at the time of the effective date, in violation of the provisions of Article 3 paragraphs 2 or 3 as applied, mutatis mutandis, in Article 3 paragraph 3 1 of the of the Supplementary Provisions, or the provisions of Article 2 paragraph to take necessary measures for correcting said violation. Article 6 3 or 3 or Article 4 as applied, of the Supplementary Provisions, or the provisions of Article 4 or Article 12 as applied, mutatis mutandis, in Article 3 of the Supplementary Provisions, the Minister may order said mobile voice communications carrier to take necessary measures for correcting said Supplementary Provisions, the Minister may order said intermediary agency, etc. - 13 - 1 Any person who has violated the order pursuant to the provisions of the preceding article shall be punished by imprisonment with work not exceeding two years or a fine not exceeding three million yen, or both. 2 Any person who has violated the provisions of Article 3 paragraph 2 4 4 as applied, mutatis mutandis, in Article 2 paragraph Provisions or the provisions of Article 4 paragraph mutandis, in Article 3 paragraph 3 of the Supplementary as applied, mutatis of the Supplementary Provisions, for the purpose of concealing its identification matters, shall be punished by a fine not exceeding five hundred thousand yen. 3 Where the representative of a juridical person, or an agency, staff or other 1 or the preceding paragraph with regard to the employee of a juridical person or a person has committed acts violating any of the provisions of paragraph business operations of said juridical person or individual, not only the offender shall be punished but also said juridical person or individual shall be punished by the fine prescribed in the respective items. Article 7 Entrustment of Other Transitional Measures to Applicable Cabinet Order In addition to the transitional measures stipulated in these Supplementary Provisions, other transitional measures as required for the enforcement of this Act including transitional measures concerning penal provisions the applicable cabinet order. Article 8 Review After one year or so has elapsed from the enforcement of this Act, the provisions of this Act shall be reviewed upon taking into consideration the implementation status, etc. of the enforcement of this Act; and further, necessary measures shall be taken based upon the results of the review. shall be specified in - 14 -
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URL: http://www.asianlii.org/jp/legis/laws//aoiebmvccotseafpoiuomvcsan31o20051557