Order for Enforcement of the Alcohol Business Act

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2315
Published: 2005

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Order for Enforcement of the Alcohol Business Act (Tentative translation)

The Cabinet hereby enacts this order based on the provisions of Article 33, paragraph (2) and Article 43 of the Alcohol Business Act (Act No. 36 of 2000) and Article 14, paragraph (1), and Article 20, paragraphs (1), (2), and (4) of its Supplementary Provisions.

(Time Limits on Treasury Payments)

Article 1

Persons who have received the permission set forth in Article 3, paragraph (1) or Article 16, paragraph (1) of the Alcohol Business Act (hereafter referred to as "the Act") (hereafter such persons shall be referred to as "manufacturers" or "importers") shall within two months of the last day of the month containing the date of transfer of specified alcohol prescribed by Article 2, paragraph (4) of the Act (hereafter referred to simply as "specified alcohol") make a payment to the treasury (hereafter referred to as "treasury payments" in the next Article) pursuant to the provisions of Article 31, paragraph (1) of the Act for the relevant transfer.

(Procedures for Making Treasury Payments)

Article 2

(1)

Manufacturers or importers that have transferred specified alcohol shall each month (excluding months where there has been no transfer of specified alcohol) submit to the Minister of Economy, Trade and Industry an application form containing the amount of the treasury payment, attaching an accounting statement for the treasury payment, with respect to all specified alcohol transferred within that month, pursuant to what is provided by ordinance of the Ministry of Economy, Trade and Industry, and by the end of the following month.

(2)

Treasury payments shall be made through a payment notification form issued by a revenue collector prescribed by Article 4-2, paragraph (3) of the Public Accounting Act (Act No. 35 of 1947).

(Time Limits on Provision of Security)

Article 3

The Minister of Economy, Trade and Industry shall specify a time limit in cases where he/she orders a manufacturer or importer to provide security pursuant to the provisions of Article 32, paragraph (1) of the Act.

(Delegation of Authority)

Article 4

(1)

The powers of the Minister of Economy, Trade and Industry based on the provisions listed in the left hand column of the following table shall each be exercised by the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location listed in the right hand column of that table; provided, however, that this shall not preclude any powers based on the provisions of Article 10, Article 12 (including cases where these provisions are applied mutatis mutandis pursuant to Article 20, Article 25 and Article 30 of the Act), and Article 14, paragraphs (1) and (2) of the Act from being exercised by the Minister of Economy, Trade and Industry personally.

|(i) Article 3, paragraphs (1) and (2), Article 7, paragraph (2), Article 8, paragraphs (1) and (2), Article 9, paragraph (2), Article 10, Article 11, paragraph (1), Article 12, Article 13, paragraph (1) (excluding those pertaining to applications made by heirs), Article 14 and Article 40, paragraphs (1) and (2) (limited to those pertaining to manufacturers) of the Act.|the location of the principal office of the person seeking the permission set forth in Article 3, paragraph (1) of the Act, or the manufacturer.|

|(ii) Article 4, item(iii) and Article 40, paragraph (1),(limited to those pertaining to the authorization of Article 4, item (iii) of the Act), and paragraph (2), (limited to those pertaining to the authorized examiner/researcher/manufacturer) of the Act.|the location where alcohol is being manufactured to examine alcohol manufacturing methods or for research by the person seeking the permission set forth in Article 4, item (iii) of the Act, the person with the relevant authorization, or the authorized examiner/researcher/manufacturer.|

|(iii) Article 9, paragraph (3) (including cases where those provisions are applied mutatis mutandis pursuant to Article 20, Article 25 and Article 30 of the Act) of the Act.|the location of which a manufacturer has lost alcohol, cultivated yeast or unrefined alcohol, or has had them stolen.|

|(iv) Article 13, paragraph (1), Article 19, paragraph (1), Article 24, paragraph (1) and Article 29, paragraph (1) (each limited to those which pertain to applications made by heirs) of the Act.|the location of the principal office of the heir.|

|(v) Article 15 of the Act.|the location of the manufacturing plant which is to transfer-out cultivated yeast or unrefined alcohol.|

|(iv) Article 7, paragraph (2), Article 8, paragraphs (1) and (2), Article 9, paragraph (2), Article 10, Article 11, paragraph (1), Article 12 and Article 14 of the Act as applied mutatis mutandis pursuant to Article 16, paragraphs (1) and (2), Article 19, paragraph (1) (excluding those pertaining to applications made by heirs), and Article 20 of the Act; and Article 14, paragraphs (1) and (2) (limited to those pertaining to importers) of the Act.|the location of the principal office of the person seeking the permission set forth in Article 16, paragraph (1) of the Act, or the importer.|

|(vii) The proviso to Article 17, and Article 14, paragraphs (1) (limited to those pertaining to persons receiving the authorization set forth in the proviso to Article 17 of the Act) and (2) (limited to those pertaining to authorized importers) of the Act.|the place of landing for the alcohol by the person seeking the authorization set forth in the proviso to Article 17 of the Act, the person with that authorization, or the authorized importer.|

|(viii) Article 7, paragraph (2), Article 8, paragraphs (1) and (2), Article 9, paragraph (2), Article 10, Article 11, paragraph (1), Article 12 and Article 14 of the Act as applied mutatis mutandis pursuant to Article 21, paragraphs (1) and (2), Article 24, paragraph (1) (excluding those pertaining to applications made by heirs), and Article 25 of the Act; and Article 40, paragraphs (1) and (2) (limited to those pertaining to sellers) of the Act.|the location of the principal office of the person seeking the permission set forth in Article 21, paragraph (1) of the Act, or the seller.|

|(ix) The proviso to Article 22, paragraphs (1) of the Act.|The location of the alcohol warehouse equipment to be transferred.|

|(x) Article 7, paragraph (2), Article 8, paragraphs (1) and (2), Article 9, paragraph (2), Article 10, Article 11, paragraph (1), Article 12 and Article 14 of the Act as applied mutatis mutandis pursuant to Article 26, paragraphs (1) and (2), Article 29, paragraph (1) (excluding those pertaining to applications made by heirs), and Article 30 of the Act; and Article 40, paragraphs (1) and (2) (limited to those pertaining to permitted users) of the Act.|the location of the principal office of the person seeking the permission set forth in Article 26, paragraph (1) of the Act, or the permitted user.|

|(xi) Article 32 of the Act.|the location of the principal office of the manufacturer or the importer.|

(2)

In addition to a Director of a Regional Bureau of Economy, Trade and Industry prescribed by the previous paragraph, the Director of the Regional Bureau of Economy, Trade and Industry with jurisdiction over the relevant workplace of a manufacturer, importer, seller or permitted user may exercise powers of the Minister of Economy, Trade and Industry based on the provisions of Article 40, paragraph (1) and (2) of the Act with respect to matters arising in relation to a workplace other than the principal office of that manufacturer, importer, seller or permitted user.

(3)

In addition to a Director of a Regional Bureau of Economy, Trade and Industry prescribed by paragraph (1), the Director of the Regional Bureau of Economy, Trade and Industry with jurisdiction over the relevant usage site may exercise powers of the Minister of Economy, Trade and Industry based on the provisions of Article 40, paragraph (1) and (2) of the Act with respect to matters arising in relation to a usage site for alcohol imported with the authorization set forth in the proviso to Article 17 of the Act by a person who has received authorization pursuant to that proviso to that Article, or an authorized importer.

(4)

The powers of the Minister of Economy, Trade and Industry prescribed by the previous two Articles shall be exercised by the Director of the Regional Bureau of Economy, Trade and Industry with jurisdiction over the location of the principal office of the relevant manufacturer or importer.

Supplementary Provisions

(Effective Date)

Article 1

This Cabinet Order shall come into effect on April 1st, 2001.

(Technical Replacements of Terms for the Old Act)

Article 2

The words listed in the center column of the following table that are contained in the provisions of the old Act listed in the left hand column of that table shall each be technical replacements for the corresponding words listed in the right hand column of that table, with respect to the application of the provisions of Article 22 to Article 25, and Article 29-5 to Article 31, of the Alcohol Monopoly Act (Act No. 32 of 1937; hereafter referred to as the "old Act") prior to its abolition pursuant to Article 9 of the Supplementary Provisions to the Act, as they continue to remain applicable pursuant to the provisions of Article 14, paragraph (1) of the Supplementary Provisions to the Act.

|Article 22, paragraph (1)|Article 20|Article 20 of the Alcohol Monopolies Act (hereafter referred to as the "old Act") prior to its abolition pursuant to the provisions of Article 9 of the Supplementary Provisions to the Alcohol Business Act (Act No. 36 of 2000).|

|Article 22, paragraph (2)|Article 19|Article 19 of the old Act|

|Article 22, paragraph (3)|the previous Article|Article 21 of the old Act|

|Article 23|Article 21|Article 21 of the old Act|

|Article 24, paragraph (1)|Article 20|Article 20 of the old Act|

|Article 24, paragraph (2)|Article 22|Article 22 of the old Act under the application of the replaced terms that are to remain effective pursuant to the provisions of Article 14, paragraph (1) of the Supplementary Provisions to the Alcohol Business Act|

|Article 25|Article 20|Article 20 of the old Act|

||Article 22, paragraph (2)|Article 22, paragraph (2) of the old Act under the application of the replaced terms that are to remain effective pursuant to the provisions of Article 14, paragraph (1) of the Supplementary Provisions to the Alcohol Business Act|

|Article 29-5, paragraph (2)|Article 20|Article 20 of the old Act|

||the person buying alcohol or the alcohol seller|the person buying alcohol|

|Article 30, paragraph (1)|alcohol manufacturer, alcohol seller, or...Article 20|Article 20 of the old Act|

|Article 30, paragraph (1), item (ii)|manufacture or payment on receipt|payment on receipt|

|Article 30, paragraph (1), item (iii)|during manufacture, sale or use|during use|

Supplementary Provisions

[Act No. 364 of August 8, 2003]

[Extract]

(Effective Date)

Article 1

This Cabinet Order shall come into effect on the date of promulgation; provided, however, that the provisions of Article 5 to Article 11, and of Article 7 to Article 11 and Article 14 to Article 31 of the Supplementary Provisions, shall come into effect from October 1st, 2003.

Supplementary Provisions

[Act No. 346 of November 16, 2005]

This Cabinet Order shall come into effect on April 1st, 2006.