JAPAN Law and Practice Contributed by: Shinya Tago, Atsushi Fukasawa, Hiroshi Iida and Landry Guesdon, Iwata Godo Law Offices
a licence as required therein faces criminal penalties (Article 69-6). Any person who meets either of the following con - ditions will be punished with imprisonment of up to seven years and/or a maximum fine of JPY20 mil - lion (in some cases, five times the value of the items involved exceeding JPY20 million): • any person who conducted a transaction subject to the provisions of Article 25 (1) or 25 (4) without a licence; or • any person who exported goods subject to Article 48 (1) without a licence. Imprisonment of up to ten years and/or a fine of up to JPY30 million applies to exports of specific technol - ogy designated by Cabinet Order as being: • used for the development, manufacture or use of nuclear weapons; • chemical or bacterial substances for military use; • equipment used for spraying such substances; • rockets or unmanned air vehicles used for deliver - ing such substances; or • specific kinds of goods stipulated in Article 48 (1) but identified in the Cabinet Order as being used specifically for nuclear weapons or for the develop - Depending on the type of business in which the tar - get entity is engaged or the nationality of the foreign investor, the FEFTA requires a foreign investor to sub - mit a prior notification and/or a post-transaction filing through the Bank of Japan to the MOF and relevant ministries. The FEFTA prohibits certain investments in foreign companies by Japanese investors without the prior approval of the authorities. The violation of such requirements or prohibitions is subject to administra - tive and criminal penalties. The Customs Act Under this Act, the following are subject to administra - tive and criminal penalties: ment of such weapons, etc. Foreign Direct Investments
• exporting or importing prohibited items, being exempted from customs duties through deception or other acts of falsification; • exporting or importing goods by making a false declaration or producing falsified documents; and • other acts. 3.11 Concealment Harbouring Criminals and Suppressing Evidence A person who harbours or enables the escape of another who has committed a crime punishable with a fine or harsher punishment, or who has escaped from confinement, will be punished by imprisonment of up to three years or a fine not exceeding JPY300,000 (Article 103 of the PC). A person who damages, forges, counterfeits or alters evidence relating to the criminal case of another, or who uses counterfeit or altered evidence, will be sub - ject to the same sanctions (Article 104 of the PC). Regarding perjury, a sworn witness who gives false testimony can be punished with three months to ten years in jail (Article 169 of the PC). The APOC contains provisions on special categories of crime by organised crime and on the concealment, receipt and confiscation of the proceeds of a crime. 3.12 Aiding and Abetting Under the PC, two or more persons who commit a crime together are deemed to be principals, and a person who induces another to commit a crime may be treated in sentencing as a principal (Articles 60 and 61). An accessory (who aids a principal) is also punishable, but the punishment is less than that of the principal (Articles 62 and 63). 3.13 Money Laundering The following laws prohibit or restrict money launder - ing: • the APOC; • the Act on Prevention of Transfer of Criminal Pro - ceeds (APTCP); and • the FEFTA.
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