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Act on the Restriction of Maritime Transportation of Foreign Military Supplies, etc. in Armed Attack Situations - Act No. 118 of 2006

Act on the Restriction of Maritime Transportation of

Foreign Military Supplies, etc. in Armed Attack

Situations

(Act No. 116 of June 18, 2004)

Table of Contents
Chapter I General Provisions (Articles 1 to 3)
Chapter II Restriction of Maritime Transportation of Foreign Military Supplies, etc. (Articles 4 to 6)
Chapter III Foreign Military Supply Tribunal (Articles 7 to 15) Chapter IV Stopped Ship Inspection and Taking Ship Measure
Section 1 Stopped Ship Inspection (Articles 16 to 26) Section 2 Taking Ship Measure (Articles 27 to 34)
Section 3 Miscellaneous Provisions (Articles 35 to 38)
Chapter V Hearing Proceedings (Articles 39 to 60)
Chapter VI Execution of Hearing Decision (Articles 61 to 65) Chapter VII Compensation (Articles 66 and 67)
Chapter VIII Miscellaneous Provisions (Articles 68 to 72) Chapter IX Penal Provisions (Articles 73 to 77)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to set forth the procedures of a stopped ship inspection and taking ship measure implemented by units of the Maritime Self- Defense Force called out pursuant to the provisions of Article 76, paragraph (1) of the Self-Defense Forces Act (Act No. 165 of 1954), and the procedures, etc. of
the hearing at the Foreign Military Supply Tribunal to be established in the
Ministry of Defense in order to restrict the maritime transportation of foreign military supplies, etc. in our territorial seas and the high seas surrounding Japan (including the Exclusive Economic Zone prescribed in the United
Nations Convention on the Law of the Sea; the same shall apply hereinafter) in
armed attack situations (which means the armed attack situation prescribed in Article 2, paragraph 2 of the Act on Ensuring Peace and Independence of Japan and Security of the State and People in Armed Attack Situations, etc. (Act No.
79 of 2003); the same shall apply hereinafter), and thereby ensuring the peace and independence of Japan and security of the state and the people.
(Definitions)
Article 2 In this Act, the meanings of the terms listed in the following items shall be as prescribed respectively in those items:
(i) "Foreign military forces, etc." mean armed forces of a foreign state and other similar organizations engaging (which means the armed attacks prescribed
in Article 2, item (i) of the Act on Ensuring the Peace and Independence of
Japan and the Security of the State and People in Armed Attack Situations, etc.; the same shall apply in Article 16) in armed attack situations;
(ii) "Foreign military supply" means the items listed either in (a) through (h)
(limited to those specified by Cabinet Order) whose destination is the area
where the foreign military forces, etc. are located and the items listed either in (i) through (l) (limited to those specified by Cabinet Order) whose
destination is the area within our territory where the foreign military forces, etc. are located or an area in the high seas surrounding Japan;
(a) Nuclear, chemical, biological or toxic weapons (including missiles and
other means capable of transporting these), or anti-personnel mines; (b) Firearms;
(c) Ammunition or military explosives (excluding those listed in (a));
(d) Military arms (excluding those listed in (a) through (c));
(e) Military aircraft, rockets, ships or vehicles (excluding those listed in (a)); (f) Military communication equipment or electronics;
(g) Components or accessories of those listed in (a) through (f); (h) Military gunpowder (excluding explosives) or fuel;
(i) Armor plates, military helmets, body armors and other military
equipment (excluding those listed in (a) through (g));
(j) Devices for the repair or maintenance of aircraft, rockets, ships or vehicles, or components or accessories therefore;
(k) Fuel (excluding those types listed in (h)), lubricants or operating oil for aircraft, rockets, ships or automobiles;
(l) Food (limited to that directed to Foreign Armed Force etc.).
(iii) "Foreign military supplies, etc." mean foreign military supply or members of the foreign military forces, etc.;
(iv) "Ship" means a ship other than warships, etc. (which means a warship and
a ship owned or operated by each state government that is used only for non- commercial purposes; the same shall apply hereinafter);
(v) "Master of ship, etc." means a master of ship or a person who commands a
ship on behalf of the master of ship;
(vi) "The commanding officer, etc." means a head of a Self-Defense Ship or other unit of the Maritime Self-Defense Force who is ordered to take measures pursuant to the provisions of Chapter IV in accordance with the provisions of Article 4, paragraph (1);
(vii) "Stopped ship inspection" means stopping a ship and making an on-site inspection or asking members of crew or passengers (hereinafter referred to as "Members of crew, etc.") necessary questions in order to confirm whether they are transporting Foreign Military Supplies, etc.
(viii) "Taking ship measure" means ordering the master of ship, etc. of the ship for which stopped ship inspection has been carried out to take the ship to a certain port in Japan (limited to those specified by Cabinet Order; the same shall apply in Article 28, paragraph (1)) and performing the necessary
supervision to ensure the performance of such order;
(Compliance with International Laws)
Article 3 Where controlled by international laws and customary practices,
implementation of the measures pursuant to the provisions of Chapter IV or other procedures under this Act shall comply with such laws and practices.
Chapter II Restriction of Maritime Transportation of Foreign Military
Supplies, etc.
(Measures by the Maritime Self-Defense Force)
Article 4 (1) The Minister of Defense may, if all or part of the Maritime Self-
Defense Force is given the Defense Operation Order pursuant to the provisions of Article 76, paragraph (1) of the Self-Defense Forces Act and he/she finds it
necessary to restrict the maritime transportation of Foreign Military Supplies, etc. in our territorial seas or the high seas surrounding Japan, order units of
the Maritime Self-Defense Force called out pursuant to the provisions of the same paragraph to take the measures pursuant to the provisions of Chapter IV by obtaining the approval of the Prime Minister.
(2) The Minister of Defense shall, when he/she gives an order pursuant to the
provisions of the preceding paragraph, give a public notice and determine the area to implement stopped ship inspection (hereinafter referred to as the
"implementation area").
(Dissemination of information to the relevant organizations, etc.)
Article 5 (1) The Minister of Defense shall, when he/she has given a public notice provided for in paragraph (2) of the preceding Article, immediately notify the Minister of Foreign Affairs thereof.
(2) The Minister of Foreign Affairs shall, when he/she has received the notice
prescribed in the preceding paragraph, take measures to grasp the scope of foreign military supplies and the implementation area among the relevant foreign governments and international organizations without delay.
(Restriction of transportation of foreign military supplies, etc.)
Article 6 (1) In the cases where the cargo referred pursuant to the provision of Article 27, paragraph (3) or the cargo of the ship involved in the case referred pursuant to the provision of Article 34 (hereinafter in this Article and Article
52, paragraphs (1) through (3) collectively referred to as "cargo") is the foreign military supply that falls under Article 2, item (ii), (a), the Foreign Military
Supply Tribunal shall destroy the said cargo in accordance with the procedures prescribed in Chapter V.
(2) In the cases where the cargo is the foreign military supply that falls under
Article 2, item (ii), (b) through (h) inclusive, the Foreign Military Supply
Tribunal shall suspend transportation of such cargo in accordance with the procedures prescribed in Chapter V.
(3) In the cases where the cargo is the foreign military supply that falls under
Article 2, item (ii), (i) through (l) inclusive, the Foreign Military Supply
Tribunal shall, when it finds it necessary, suspend transportation of such cargo in accordance with the procedures prescribed in Chapter V.
(4) In the cases where the ship involved in the case that has been referred
pursuant to the provision of Article 34 transports foreign military supplies, etc. and falls under any of the following items, the Foreign Military Supply
Tribunal may, if it finds it is necessary for preventing the said ship from
conducting maritime transportation of foreign military supplies, etc. repeatedly, suspend the navigation of the said ship with the procedures prescribed in
Chapter V:
(i) Cases where the chartered person of the said ship is a foreign military force, etc;
(ii) Cases, in addition to what is listed in the preceding item, where the master of ship, etc. of the said ship is under the command of a foreign military force, etc.;
(iii) Cases where a considerable number of passengers of the said ship are members of foreign military forces, etc.;
(iv) Cases where Cabinet Order shall be provided as equivalent to those listed in the preceding three items.
Chapter III Foreign Military Supply Tribunal
(Establishment)
Article 7 (1) A Foreign Military Supply Tribunal shall be established in the
Ministry of Defense as a special organ on a temporary basis.
(2) The location and duration of establishment of the Foreign Military Supply
Tribunal shall be provided for in Cabinet Order.
(Duties)
Article 8 The duties of the Foreign Military Supply Tribunal are to investigate and conduct inquiries to the case pertaining to ships for which the
Commanding officer, etc. carried out stopped ship inspection (hereinafter referred to as "the case").
(Affairs under the jurisdiction)
Article 9 For the purpose of achieving the mission referred to in the preceding
Article, the Foreign Military Supply Tribunal shall take charge of the following affairs:
(i) To investigate necessary affairs of the case; (ii) To conduct an inquiry;
(iii) To enforce hearing decisions.
(President of the Foreign Military Supply Tribunal)
Article 10 The head of the Foreign Military Supply Tribunal shall be the
President of the Foreign Military Supply Tribunal and be appointed from the judges set forth in Article 12, paragraph (1).
(Branch)
Article 11 (1) A branch may be located at a predetermined region so as to allow it to handle a part of works of the Foreign Military Supply Tribunal.
(2) The name, location, jurisdictional district and internal organization of the branch shall be provided for in Cabinet Order.
(Judges and officials)
Article 12 (1) Judges and officials shall be appointed at the Foreign Military
Supply Tribunal.
(2) The Minister of Defense shall appoint judges among those who have
qualification provided for in Cabinet Order as experts having knowledge and experience concerning laws (including laws and regulations), defense and
marine matters.
(3) The fixed number of judges shall be provided for in Cabinet Order.
(4) The officials shall engage in the affairs of the Foreign Military Supply
Tribunal based on orders.
(Independent authority of judges)
Article 13 A judges shall independently exercise its authority.
(Constitution)
Article 14 (1) The Foreign Military Supply Tribunal shall investigate necessary
affairs of and an inquiry to the case through a panel consisting of five judges. (2) Decisions of the panel shall be made by a majority vote.
(3) The President of the Foreign Military Supply Tribunal shall appoint judges to be the members of the panel referred to in paragraph (1) for each case.
(4) The President of the Foreign Military Supply Tribunal shall appoint one of
the judges appointed pursuant to the provision of the preceding paragraph as a presiding judge.
(5) The presiding judge shall preside over necessary investigation and conduct of an inquiry relating to the case.
(Secretariat)
Article 15 (1) The secretariat shall be established to deal with administration of affairs of the Foreign Military Supply Tribunal at the Foreign Military Supply Tribunal.
(2) The internal organization of the secretariat shall be provided for in Cabinet
Order.
Chapter IV Stopped Ship Inspection and Taking ship measure
Section 1 Stopped Ship Inspection
(Stopped ship inspection)
Article 16 In a situation where an armed attack occurs, the commanding officer, etc. may, when he/she has sufficient grounds to suspect that a ship navigating the implementation area is transporting foreign military supplies, etc., carry
out stopped ship inspection of the said ship in the said implementation area
pursuant to the provision of this Section; provided, however, that this shall not apply in the cases where the said ship is escorted by warships, etc.
(Order to stop)
Article 17 (1) When the Commanding officer, etc. intends to carry out stopped ship inspection, he/she shall order the said ship to stop in advance using radio communication or other means of communication.
(2) In the cases where the Commanding officer, etc. has ordered a ship to stop
pursuant to the provision of the preceding paragraph, if the said ship does not comply with the order, the Commanding officer, etc. shall repeatedly order the said ship to stop by approaching, tracking or accompanying the said ship or keeping on standby ahead of the route of the said ship.
(3) In the cases set forth in the preceding two paragraphs, the Commanding officer, etc. shall, in addition to hoisting the ensign of self-defense, make
his/her presence known by calling, using pyrotechnic signal or illuminating projectile, or other appropriate means, as necessary.
(Implementation of on-board inspection)
Article 18 When a ship that is ordered to stop pursuant to the provision of
paragraph (1) or (2) of the preceding Article comes to a stop, the Commanding officer, etc. shall have an ensign or higher-ranked personnel of the Maritime Self-Defense Force go on board the said ship and carry out inspection pursuant
to the provisions of Articles 20 through 22 (hereinafter referred to as "on-board
inspection").
(Notification to the master of ship, etc.)
Article 19 The Maritime Self-Defense Force personnel referred to in the
preceding Article (hereinafter referred to as "on-board inspector") shall, when he/she goes on board the ship subject to on-board inspection, notify the master of ship, etc. of the said ship that the master of ship, etc. may file a complaint regarding the on-board inspection being carried out and the procedures of the
on-board inspection by submitting a document stating the reason for the
complaint to the Commanding officer, etc.
(Inspection of ship's papers)
Article 20 The on-board inspector may require the master of ship, etc. to present the following documents (hereinafter referred to as "ship's document"):
(i) Certificate of the ship's nationality or other document certifying the nationality of the ship;
(ii) List of crew members, etc.;
(iii) Logbook or other document of record of navigation;
(iv) Bill of lading or other document pertaining to the cargo.
(Question to the crew members, etc.)
Article 21 The on-board inspector may, when he/she finds it necessary, ask questions to the crew members, etc.
(Inspection of the cargo)
Article 22 Even in the cases where the inspection has been carried out pursuant to the provisions of the preceding two Articles, the on-board inspector may,
when he/she finds that the said ship is still suspected of transporting foreign
military supplies, etc., inspect the cargo to have the master of ship, etc perform witness.
(Prohibition of entry and exit)
Article 23 During the on-board inspection, the on-board inspector may prohibit the crew members, etc. (excluding the master of ship, etc.) from entering into
or exiting from the inspection site without permission.
(Production of certification of identification, etc)
Article 24 (1) The on-board inspector shall, when carrying out on-board
inspection, carry his/her certificate of identification with him/her and produce the certification upon request to the master of ship, etc.
(2) The authorities provided for in Article 20 through the preceding Article shall not be construed as being approved for the purposes of the criminal
investigation.
(Report to the Commanding officer, etc.)
Article 25 The on-board inspector shall, when he/she has carried out on-board inspection, immediately report to the Commanding officer, etc. based on the result of the on-board inspection.
(Termination of stopped ship inspection)
Article 26 The Commanding officer, etc. shall, when he/she receives the report set forth in the preceding Article, promptly terminate the stopped ship
inspection except for the cases where he/she demands delivery of the cargo
pursuant to the provision of paragraph (1) of the following Article or gives an order pursuant to the provision of Article 28, paragraph (1).
Section 2 Taking Ship Measure
(Delivery of foreign military supplies)
Article 27 (1) In the cases where the cargo of the ship for which the report has been received by the Commanding officer, etc. under Article 25 is found to be foreign military supplies and the said cargo can be loaded on the self-defense
ship, the Commanding officer, etc. may, if he/she finds that the said cargo does not fall under any of the items of Article 6, paragraph (4), demand delivery of
the said cargo from the master of ship, etc. of the said ship.
(2) The Commanding officer, etc. shall, when he/she has taken delivery set forth
in the preceding paragraph, make a record and deliver it to the master of ship, etc. of the said ship.
(3) The Commanding officer, etc. shall, when he/she has taken delivery set forth in paragraph (1), promptly refer the case to the Foreign Military Supply
Tribunal along with documents and the said cargo.
(Order to take the ship)
Article 28 (1) In the cases that fall under any of the following items, the
commanding officer, etc. who has received the report set forth in Article 25
may order the master of ship, etc. of the ship for which the said report is made to take the ship to a port in Japan:
(i) The said master of ship, etc. does not comply with the request for delivery of foreign military supplies as provided for by paragraph (1) of the preceding
Article;
(ii) It is found that the said ship is transporting foreign military supplies, etc. (except for the cases where delivery of foreign military supplies may be
requested pursuant to the provision of paragraph (1) of the preceding
Article); or
(iii) It is found that the said ship is still suspected of transporting foreign military supplies, etc. judging from, in addition to the said report, the
external appearance of the said ship, mode of navigation, abnormal behavior
of the crew members, etc. or other surrounding circumstances, etc.(except for the cases that fall under the preceding two items).
(2) When the Commanding officer, etc. intends to give an order pursuant to the
provision of the preceding paragraph, he/she shall give the master of ship, etc an opportunity to submit a document of explanation in advance.
(Surveillance)
Article 29 The Commanding officer, etc. may, when he/she has given an order pursuant to the provision of paragraph (1) of the preceding Article, have the on-board inspectors put their seal or establish apparatus necessary for the
surveillance of the removal of the ship's document of the said ship and foreign military supplies among the cargo of the said ship (including those suspected to be foreign military supplies).
(Dispatch of the taking ship supervisor)
Article 30 The Commanding officer, etc. shall, when he/she has given an order pursuant to the provision of Article 28, paragraph (1), have an ensign or
higher-ranked personnel of Maritime Self-Defense Force go on board the ship
for which the said order has been given (hereinafter referred to as "taking
ship") in order to have the said official provide necessary supervision to secure fulfillment of the said order.
(Notification to the captain, etc.)
Article 31 The Maritime Self-Defense Force personnel referred to in the
preceding Article (hereinafter referred to as "taking ship supervisor") shall,
when he/she goes on board the cruising ship, notify its master of ship, etc. that
the master of ship, etc. may file a complaint regarding the contents of the order under the provision of Article 28, paragraph (1) and the procedures of cruising
by submitting a document stating the reason for the complaint to the
Commanding officer, etc.
(Authority of the taking ship supervisor)
Article 32 (1) The cruising inspector may, when he/she finds it is necessary for securing fulfillment of the order under the provision of Article 28, paragraph (1) or maintaining safety or order on the ship, direct the master of ship, etc. of the taking ship to take necessary measures.
(2) If the master of ship, etc. does not follow the direction under the provision of the preceding paragraph, the taking ship supervisor may, when it is
unavoidable, take measures pertaining to the said direction himself/herself. (3) The Commanding officer, etc. may have the taking ship supervisor take
measures provided for in Article 29.
(Hoisting of the ensign of self-defense by the taking ship)
Article 33 The taking ship supervisor shall have the taking ship hoist the national flag of the flag state (the state that has the right to fly its flag as
prescribed in Article 91 of the United Nations Convention on the Law of the
Sea) and the ensign of self-defense.
(Referral to Foreign Military Supply Tribunal)
Article 34 When the taking ship arrives at a port in Japan, the Commanding officer, etc. shall promptly refer the case to the Foreign Military Supply
Tribunal along with the necessary documents.
Section 3 Miscellaneous Provisions
(Report to the Minister of Defense)
Article 35 (1) The commanding officer, etc. shall, when he/she has carried out stopped ship inspection or ordered taking ship measure, promptly make a document on the said stopped ship inspection or taking ship measure and
submit the document to the Minister of Defense.
(2) The commanding officer, etc. shall, when he/she has given an order pursuant to the provision of Article 28, paragraph (1) or a complaint has been filed by
the master of ship, etc. pursuant to the provision of Article 19 or Article 31, immediately report thereon to the Minister of Defense.
(3) The Minister of Defense shall, when he/she has received a report under the
provision of the preceding paragraph, inform relevant organizations and take other measures as necessary.
(Obligation of consideration of the Commanding officer, etc.)
Article 36 The Commanding officer, etc., the on-board inspector and the taking
ship supervisor shall, when they carry out stopped ship inspection or order
taking ship measure, give due consideration so that the subject ship does not change the scheduled traffic route more than necessary.
(Use of weapons)
Article 37 (1) The provision of Article 7 of the Police Official Duties Execution
Act (Act No. 136 of 1948) applies mutatis mutandis to Maritime Self-Defense
Force personnel of the unit that is ordered to take the measures provided for in this Chapter.
(2) In addition to the cases where weapons are used pursuant to the provision of Article 7 of the Act on Police Official Duties Execution Act as applied mutatis mutandis in the preceding paragraph, if the crew members, etc. of the subject ship do not obey repeated orders to stop given by the commanding officer, etc. under the provision of Article 17, paragraph (2), persistently resists the
execution of duty or tries to escape and when there are sufficient grounds to
believe that there are no other means to stop the said ship, the said personnel may use their weapons within the limits judged to be reasonably necessary
according to the circumstances, following the orders of the Commanding officer,
etc.
(Treatment of the person subject to internment)
Article 38 If there is any person subject to internment (i.e. the person subject to internment prescribed in Article 3, item (iv) of the Act on the Treatment of
Prisoners of War and Other Detainees in Armed Attack Situations (Act No. 117
of 2004)) on board the ship subject to stopped ship inspection or the taking ship, the said person shall be treated pursuant to the provision of the said Act.
Chapter V Hearing Proceedings
(Investigation of referred cases)
Article 39 The Foreign Military Supply Tribunal shall, when it has received referral of a case pursuant to the provision of Article 27, paragraph (3) or Article 34, conduct necessary investigation of the said case.
(Compulsory dispositions for investigation)
Article 40 (1) The Foreign Military Supply Tribunal may, when it has received referral of the case pursuant to the provision of Article 34, prohibit the master of ship, etc. of the ship involved in the said case from making the said ship
depart.
(2) The period of prohibition of departure under the provision of the preceding
paragraph shall be one month from the date that shall be counted from the day
of the referral of the case; provided, however that the Foreign Military Supply
Tribunal may extend the said period within the total period that shall not exceed one month.
(3) When the Foreign Military Supply Tribunal has made a decision pursuant to
the provision of Article 45, paragraph (1) or (2), or otherwise the prohibition of departure of the ship set forth in paragraph (1) has become unnecessary, the Foreign Military Supply Tribunal shall, even during the period prescribed in
the preceding paragraph, revoke the order provided for in paragraph (1).
Article 41 (1) The Foreign Military Supply Tribunal may render the following dispositions in order to conduct necessary investigation of the case:
(i) Affairs pertaining to order the crew member of the ship involved in the case
and other persons concerned or witnesses to appear for inquiry, or to obtain their opinions or reports;
(ii) Affairs pertaining to order appearance and testimony of expert witnesses;
(iii) Affairs pertaining to order submission of the ship's documents and the cargo of the ship involved in the case or to the said ship from the holder
thereof, or retaining the submitted objects or the cargo forwarded pursuant
to the provision of Article 27, paragraph (3); and
(iv) Inspecting the objects prescribed in the preceding article with entering into the ship involved in the case or other necessary places.
(2) The Foreign Military Supply Tribunal may appoint officials of the Foreign
Military Supply Tribunal as investigators and cause them to render the
dispositions set forth in the preceding paragraph, when the court believes it to be appropriate.
(3) The investigator who carries out on-site inspection pursuant to the provision of the preceding paragraph shall carry his/her certificate of identification with him/her and produce it upon request to the person concerned.
(4) The authority to conduct on-site inspection pursuant to the provision of
paragraph (1) or (2) shall not be construed as being approved for the purposes of the criminal investigation.
(Custody, etc. of retained objects)
Article 42 (1) The Foreign Military Supply Tribunal may post a guard for the
objects among those retained pursuant to the provision of paragraph (1), item (iii) of the preceding Article (hereinafter referred to as "retained objects") that involve inconvenience in transportation or retention or cause a person who is
found appropriate to retain them with the consent of the said person.
(2) The Foreign Military Supply Tribunal may dispose of the objects among the retained objects that are likely to cause imminent danger to human lives or
property.
(Return of retained objects)
Article 43 (1) When the retention of the retained objects has not necessitated
custody, the Foreign Military Supply Tribunal shall return them to the person who shall receive the return thereof.
(2) In the cases where the Foreign Military Supply Tribunal is unable to return
the retained objects because the domicile or residence of the person who shall receive thereof provided for in the preceding paragraph is unknown or for any other reason, it shall issue a public notice to that effect as provided for by
Cabinet Order.
(3) The retained objects for which the public notice has been issued under the
preceding paragraph shall vest in the national treasury when six months have
passed since the date of public notice with no request for return has been made. (4) Even during the period set forth in the preceding paragraph, the Foreign
Military Supply Tribunal may dispose of retained objects that have no value
and sell those that are inconvenient for retention and retain the proceeds as provided for by Cabinet Order.
(Preparation of the written statement)
Article 44 The Foreign Military Supply Tribunal shall, when it has conducted necessary investigation of the case, prepare a written statement that contains a summary of the investigation and, when it has rendered a disposition
pursuant to the provision of Article 40, paragraph (1) or Article 41, paragraph
(1), clearly indicate the result thereof.
(Commencement of hearing)
Article 45 (1) When the Foreign Military Supply Tribunal finds that, as a result of necessary investigation of the case, the case falls under the provision of any paragraph of Article 6, it shall make a decision to commence a hearing.
(2) The Foreign Military Supply Tribunal shall, except for the cases prescribed in
the preceding paragraph, make a decision not to commence a hearing.
(3) The provisions of Article 40 shall apply mutatis mutandis to the cases where the Foreign Military Supply Tribunal has found that, as a result of necessary investigation of the case, the case falls under the provision of Article 6,
paragraph (4) and made a decision to commence a hearing pursuant to the provision of paragraph (1). In this case, the terms "the date of referral of the case" in the main clause of Article 40, paragraph (2) shall be deemed to be
replaced with "the date of the decision to comment hearing pursuant to the
provision of Article 45, paragraph (1)"; the terms "one month" shall be deemed to be replaced with "three months"; the terms "extend the said period for
periods not exceeding one month in total" in the proviso of the same paragraph
shall be deemed to be replaced with "renew the said period on a monthly basis if it finds specifically necessary"; and the terms "decision pursuant to the
provision of Article 45, paragraph (1) or (2)" in paragraph (3) of the same
Article shall be deemed to be replaced with "hearing decision under Article 52, paragraph (4) or (5)".
Article 46 (1) The Foreign Military Supply Tribunal shall, when it made a
decision to commence a hearing pursuant to the provision of paragraph (1) of the preceding Article, issue a public notice to that effect as provided for by
Cabinet Order.
(2) When the public notice has been issued under the preceding paragraph, any
interested person may submit a written opinion to the Foreign Military Supply
Tribunal within thirty days of the date of public notice.
(3) The Foreign Military Supply Tribunal shall, when the period set forth in the preceding paragraph has passed, commence the hearing.
(4) Notwithstanding the provision of paragraph (2), any interested person may, when the Foreign Military Supply Tribunal finds that there are unavoidable reasons, submit a written opinion even after the passage of the period set forth in the same paragraph.
(Authority of the investigator)
Article 47 The investigator appointed pursuant to the provision of Article 41,
paragraph (2) may attend the hearing and perform necessary acts such as offer of evidence.
(Hearing Open to the Public)
Article 48 All hearings shall be open to the public; provided, however, that when it is found likely to do harm to national security or disadvantages in
negotiations with foreign government, hearings may not be open to the public.
(Authority of the chief hearing examiner)
Article 49 (1) The chief hearing examiner shall preside over the hearing in session and maintain the order at the tribunal.
(2) The chief hearing examiner may order any person who disturbs the hearing to leave the tribunal room and take any other measures necessary to maintain
the order at the tribunal.
(Examination of evidence)
Article 50 (1) The Foreign Military Supply Tribunal may examine necessary evidence either with motion or by the tribunal's authority.
(2) The provision of Articles 143 through 147, Article 149, Articles 154 through
156, Article 165 and Article 166 of the Code of Criminal Procedure (Act No. 131 of 1948) shall apply mutatis mutandis to the procedures for the Foreign
Military Supply Tribunal to request witnesses or order expert witnesses to
provide testimony at the hearing. In this case, the term "the court" in Article
143 and Article 165 of the said Code shall be deemed to be replaced with "the
Foreign Military Supply Tribunal"; the term "witness" in Article 143, Article
144, Article 145 paragraph (1), Article 154 and Article 156, paragraph (1) of the said Code shall be deemed to be replaced with "witness"; the term
"examine" in Article 143, Article 144 and Article 145, paragraph (1) of the said
Code shall be deemed to be replaced with "inquire"; the terms "when the refusal is deemed to be an abuse of rights wholly for the interests of the accused (unless the person is the accused), or where there exist other
circumstances provided for by the Rules of Court" in the proviso of Article 149
of the said Code shall be deemed to be replaced with "or where there exist
other circumstances set forth by the Foreign Military Supply Tribunal"; and the term "examine" in Article 155, paragraph (1) of the said Code shall be
deemed to be replaced with "inquire".
(Statement of opinion, etc. by interested parties)
Article 51 (1) The interested person or its representative who has submitted a written opinion pursuant to the provision of Article 46, paragraph (2) or (4)
may request to state its opinions in the hearing court or submit evidence to the
Foreign Military Supply Tribunal.
(2) If a request has been made as provided for in the preceding paragraph, the
Foreign Military Supply Tribunal shall have the said person state their opinions on the date of the hearing; provided, however, when it finds it
inappropriate considering the state of the hearing and other circumstances, it
may have the said person submit written opinions in lieu of the statement of opinions, or prohibit the stating of opinions.
(Hearing decision)
Article 52 (1) When the Foreign Military Supply Tribunal finds, after going
through hearing proceedings, that the cargo is the foreign military supply that falls under Article 2, item (ii), (a), it shall make a hearing decision to dispose of the said cargo.
(2) When the Foreign Military Supply Tribunal finds, after going through
hearing proceedings, that the cargo is the foreign military supply that fall
under Article 2, item (ii), (b) to (h) inclusive, it shall make a hearing decision to suspend transportation of the said cargo.
(3) If the Foreign Military Supply Tribunal finds, after going through hearing proceedings, that the cargo is the foreign military supply that falls under
Article 2, item (ii), (i) to (l) inclusive, it shall, when it finds it necessary, make a hearing decision to suspend transportation of the said cargo.
(4) If the Foreign Military Supply Tribunal finds, after going through hearing
proceedings, that the ship involved in a case that has been referred pursuant to the provision of Article 34 transports foreign military supplies, etc. and falls
under any item of Article 6, paragraph (4), it shall, if it finds it is necessary for
preventing the said ship from conducting maritime transportation of foreign military supplies repeatedly, make a hearing decision to suspend the
navigation of the said ship.
(5) When the Foreign Military Supply Tribunal finds, after going through hearing proceedings, that the case does not fall under the provision of any
paragraphs of Article 6, it shall render a decision that clearly pronounces to
that effect.
(Fact finding by evidence)
Article 53 In the hearing decision provided for in the preceding Article, the fact shall be found on the basis of the evidence examined in the hearing
proceedings expect for public knowledge.
(Form of hearing decision)
Article 54 The hearing decision provided for in Article 52 shall signify the fact found, the list of evidence, and the application of laws and regulations.
(Period of hearing decision becoming effective)
Article 55 A hearing decision shall become effective when rendered at the tribunal room.
(Public notice of hearing decision)
Article 56 The Foreign Military Supply Tribunal shall, when it has made a
hearing decision pursuant to Article 52, issue a public notice to that effect as provided for by Cabinet Order.
(Rescission of hearing decision)
Article 57 After the Foreign Military Supply Tribunal has made a decision
prescribed in Article 52, paragraphs (2) through (4) inclusive, when the Foreign Military Supply Tribunal finds that the fact required for the said decision has ceased to exist or changes due to transfer of ownership of the cargo or the ship subject to that decision, change in the destination or any other reason, it may rescind the said decision by making a hearing decision.
Article 58 After the Foreign Military Supply Tribunal has made a decision
prescribed in Article 52, paragraphs (2) through (4) inclusive, at the cessation of the armed attack situations, the Foreign Military Supply Tribunal shall
rescind the said decision by making a hearing decision without delay.
(Inspection of records of the case, delivery of transcript of the hearing decision, etc.)
Article 59 Any interested person may, after the hearing proceedings have commenced, requests the Foreign Military Supply Tribunal to permit inspection or copy of the record of the case or to deliver a transcript or an extract of the written hearing decision.
(Delegation to Ordinance of the Ministry of Defense)
Article 60 In addition to those provided for in this Act, necessary matters
concerning the procedures of hearings by the Foreign Military Supply Tribunal shall be provided for in Ordinance of the Ministry of Defense.
Chapter VI Execution of Hearing Decision
(Execution officer of hearing decision)
Article 61 A hearing decision shall be executed by an official of the Foreign
Military Supply Tribunal designated by the President of the Foreign Military
Supply Tribunal (hereinafter referred to as "hearing decision execution officer").
(Execution of hearing decision of disposal)
Article 62 When a hearing decision is made as provided for in Article 52,
paragraph (1), the hearing decision execution officer shall dispose of the cargo subject to the said decision after taking measures to defang the said cargo.
(Execution of hearing decision of suspension of transportation)
Article 63 (1) When a hearing decision is made as provided for in Article 52, paragraph (2) or (3), the hearing decision execution officer shall take
possession of and retain the cargo subject to the said decision.
(2) If the cargo referred to in the preceding paragraph has decomposed or
deteriorated, or is likely to be decomposed or deteriorated, the hearing decision execution officer may sell the said cargo and retain the proceeds as provided
for by Cabinet Order.
(3) The hearing decision execution officer may dispose of the cargo referred to in paragraph (1) that is likely to cause imminent danger to human lives or
property or that has decreased in value substantially due to decomposition,
deterioration or any other unavoidable reason and found no purchaser.
(Execution of hearing decision of suspension of navigation)
Article 64 When a hearing decision is made as provided for in Article 52,
paragraph (4), the hearing decision execution officer shall confiscate and retain the documents listed in Article 20, item (i) and any other documents necessary for the navigation of the ship subject to the said decision and shall prohibit
departure of the said ship.
(Execution of revocation of hearing decision of rescission)
Article 65 (1) When a hearing decision is made to rescind a hearing decision provided for in Article 52, paragraph (2) or (3) pursuant to the provision of
Article 57 or Article 58, the hearing decision execution officer shall return the cargo or the sales proceeds of the cargo subject to the said decision that has been retained pursuant to the provision of Article 63, paragraph (1) or (2) to
the person who shall receive the return thereof.
(2) The provisions of Article 43, paragraph (2) through (4) inclusive shall apply mutatis mutandis to the case provided for in the preceding paragraph.
(3) When a hearing decision is made to rescind a hearing decision provided for in
Article 52, paragraph (4) pursuant to the provision of Article 57 or Article 58, the hearing decision execution officer shall return the documents that have been retained pursuant to the provision of the preceding Article to the master of ship, etc. of the ship subject to the rescinded decision and shall give
permission for departure of the said ship.
Chapter VII Compensation
Article 66 When the Foreign Military Supply Tribunal makes a decision not to commence a hearing pursuant to the provision of Article 45, paragraph (2) or makes a hearing decision provided for in Article 52, paragraph (5), or the
judgment to rescind a hearing decision by the Foreign Military Supply
Tribunal becomes final and binding, the owner, hirer or charter of the ship
subject to the said decision or a hearing decision may request compensation for the loss caused by the taking ship measure of the said ship (including, in the
cases where Foreign Military Supply Tribunal has made an order pursuant to
the provision of Article 40, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 45, paragraph (3). The same shall apply to Article 69), the loss caused by the said order) from the government of Japan.
Article 67 When the government of Japan makes compensation provided for in
the preceding Article, it shall be exempted, up to the amount of such payments, from its liability for compensation under the State Redress Act (Act No. 125 of
1947) or the Civil Code (Act No. 89 of 1896) based on the same grounds.
Chapter VIII Miscellaneous Provisions
(Request of expenses by witnesses, etc.)
Article 68 The witness or expert witness who is ordered to appear or provide
testimony pursuant to the provision of Article 41, paragraph (1), item (i) or (ii)
or paragraph (2) may request for travel expenses, daily allowance and other expenses as provided for by Cabinet Order.
(Logistical assistance of the Foreign Military Supply Tribunal to crew members, etc.)
Article 69 When the crew members, etc. of the ship that is prohibited from
departing pursuant to the provision of Article 40, paragraph (1) or Article 64 land in or depart from Japan, the Foreign Military Supply Tribunal shall
provide necessary logistical assistance to enable them to facilitate procedures
under the Immigration Control and Refugee Recognition Act (Cabinet Order No.
319 of 1951) and other laws and regulations when they take such procedures.
(Exclusion from application of the Administrative Procedure Act)
Article 70 The provisions of Chapter III of the Administrative Procedure Act
(Act No. 88 of 1993) shall not apply to actions to be taken pursuant to this Act.
(Administrative appeal by the Administrative Appeal Act)
Article 71 No appeal relating to the actions to be taken pursuant to the
provisions of this Act may be filed pursuant to the Administrative Appeal Act
(Act No. 160 of 1962).
(Delegation to Cabinet Order)
Article 72 In addition to what is specifically provided for in this Act, the matters necessary for the enforcement of this Act shall be prescribed by Cabinet Order.
Chapter IX Penal Provisions
Article 73 (1) Any witness or expert witness under oath pursuant to the
provisions of Article 50, paragraph (2) who has made a false statement or
expert testimony shall be punished by imprisonment with work for not less than three months but not more than ten years.
(2) Where a person having committed a crime set forth in the preceding
paragraph confesses his/her crime prior to the completion of the hearing
proceedings and before the revelation of such crime, the punishment for such crime may be commuted or waived.
Article 74 Any person who has refused, obstructed, or evaded the inspection pursuant to the provisions of Article 41, paragraph (1), item (iv) shall be
punished by imprisonment with work for not more than one year or by a fine of not more than five hundred thousand yen.
Article 75 Any person who violates the disposition pursuant to the provision of
Article 40, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 45, paragraph (3)) shall be punished by imprisonment with work for not more than six months or by a fine of three hundred thousand yen.
Article 76 Any person who falls under any of the following items shall be punished by a fine of not more than three hundred thousand yen:
(i) Any person concerned with the ship or any witness who, in violation of
dispositions made against him/her pursuant to the provision of Article 41, paragraph (1), item (i) or paragraph (2), has failed to appear or to make a statement, or made a false statement, or failed to submit a report, or
submitted a false report;
(ii) Any expert witness who, in violation of the disposition made against him/her pursuant to the provision of Article 41, paragraph (1), item (i) or paragraph (2), has failed to appear or to give an expert testimony, or
submitted a false expert testimony;
(iii) Any holder of the objects who, in violation of the disposition made against him/her pursuant to the provision Article 41, paragraph (1), item (iii) or
paragraph (2), has failed to submit the objects; or
(iv) Any witness or expert witness who, in violation of the order issued to him/her pursuant to the provisions of Article 154 or Article 166 of the Code of Criminal Procedure as applied mutatis mutandis pursuant to Article 50,
paragraph (2) of this Act, has failed to take the oath.
Article 77 Any person who has failed to comply with the order given by the chief hearing examiner pursuant to the provision of Article 49, paragraph (2) shall be punished by a non-penal fine of not more than fifty thousand yen.
Supplementary Provisions [Extract] (Effective date)
Article 1 This Act shall come into effect as of the day specified by Cabinet Order
within a period not exceeding six months from the date of promulgation.
Supplementary Provision [Act No. 118 of December 22, 2006] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the day specified by Cabinet Order within a period not exceeding three months from the date of promulgation;
provided, however, the provisions of Article 32, paragraph (2) of the
Supplementary Provisions shall come into effect as of the day of promulgation.