Consigned Freight Forwarding Business Act
Chapter I General Provisions (Article 1 and Article 2)
Chapter II First Class Consigned Freight Forwarding Business (Article 3 to Article 19)
Chapter III Second Class Consigned Freight Forwarding Business (Article 20 to Article 34)
Chapter IV Consigned Freight Forwarding Business pertaining to International Freight Forwarding by Foreign Citizens, etc. (Article 35 to Article 50-2)
Chapter V Miscellaneous Provisions (Article 51 to Article 59)
Chapter VI Penal Provisions (Article 60 to Article 68)
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to aim at the sound development of consigned freight forwarding business and to ensure the smooth provision of freight forwarding business that meets the needs of higher and diversified demand of users in the field of freight distribution through ensuring the fair and reasonable management of the consigned freight forwarding business, thereby contributing to protection of the users' interest and their convenience.
(Definition)
Article 2 (1) The term "actual forwarding business" in this Act means the freight forwarding conducted by the shipping business operator, airline business operator, railway business operator or motor truck transportation business operator (hereinafter referred to as "actual forwarding business operator"), and the "consigned forwarding" as used in this Act means freight forwarding using a transportation means provided by another forwarding business (limited to those who provide the actual forwarding business).
(2) The term "shipping business operator" in this Act means the corporation that conducts the shipping operation business under paragraph (2) of Article 2 of the Marine Transportation Act (Act No. 187 of 1949) (including the shipping operation business to which provisions in accordance with Article 44 in the same Low applies mutatis mutandis).
(3) The term "airline business operator" in this Act means the corporation that conducts the air carrier business prescribed in paragraph (16) of Article 2 of the Civil Aeronautics Act (Act No. 231 of 1952).
(4) The term "railway business operator" in this Act means the corporation that conducts the first class railway business prescribed in paragraph (2) of Article 2 of the Railway Business Act (Act No. 92 of 1986) or that conducts the second class railway business prescribed in paragraph (3) in the same Article or that conducts railway tramway operations prescribed in Article 4 of the Act on Rail Tracks (Act No. 76 of 1921).
(5) The term "motor truck transportation business operator" in this Act means the corporation that conducts the general trucking business prescribed in paragraph (2) of Article 2 of the Motor Truck Transportation Business Act (Act No. 83 of 1989) or specified trucking business prescribed in paragraph (3) of the same Article.
(6) The term "consigned freight forwarding business" as used in this Act means the first class consigned freight forwarding business and the second class freight forwarding business.
(7) The term "first class consigned freight forwarding business" in this Act means the business of consigned forwarding by demand of other persons for value, excluding the second class consigned freight forwarding business.
(8) The term "second class consigned freight forwarding business" in this Act means the consistent business of the consigned forwarding by demand of other persons for value for the consigned forwarding by shipping business operators, airline transportation operators or railway transportation operators and forwarding (including consigned forwarding related to the transportation by motor truck transportation business operator; hereinafter referred to as "collection and delivery of the freight") collection and delivery of the freight preceding and succeeding to the said consigned forwarding related to the said consigned forwarding by automobiles (automobiles prescribed in paragraph (2) of Article 2 of the Road Transportation Vehicle Act (Act No. 85 of 1951) (excluding transportation by light-duty trucks with three or more wheels and by motorcycles) with the same applying hereinafter).
Chapter II First Class Consigned Freight Forwarding Business
(Registration)
Article 3 (1) Those who wish to manage the first class consigned freight forwarding business shall obtain a registration from the Minister of Land, Infrastructure, Transport and Tourism.
(2) Within the scope of the section of the consigned forwarding pertaining to the business plan prescribed in item (ii) of paragraph (1) of Article 21, in the event that those who have obtained the permission for the second class consigned freight forwarding business as prescribed in Article 20 are to manage the first class consigned freight forwarding business pertaining to the forwarding business conducted by other operators in the said business, the same need not make the registration in the preceding paragraph for the first class consigned freight forwarding business.
(Application for Registration)
Article 4 (1) Those who wish to obtain the registration in paragraph (1) in the preceding Article shall submit an application form that states the following matters to the Minister of Land, Infrastructure, Transport and Tourism.
(i) Name and location, and if a juridical person the name of its representative;
(ii) Name and location of the principal office and other offices;
(iii) Trade name used in the business management, if any; and
(iv) Type of transportation business for the consigned forwarding, area or section and scope of the business of the consigned forwarding.
(2) The application form in the preceding paragraph shall attach the documents that state the business plan and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Execution of Registration)
Article 5 (1) Upon application for registration in accordance with the provision in the preceding Article, the Minister of Land, Infrastructure, Transport and Tourism shall register the following matters in the first class consigned freight forwarding business operator register (hereinafter referred to as "first class register") except when registration is refused by the provision in paragraph (1) of the following Article.
(i) Matters listed in items of paragraph (1) of the preceding Article; and
(ii) Date of registration and registration number.
(2) Upon execution of registration in accordance with the provision set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall notify the same to the applicant without delay.
(3) The Minister of Land, Infrastructure, Transport and Tourism shall exhibit the first class registry to the public.
(Refusal of Registration)
Article 6 (1) In the event that the applicant for the registration in accordance with the provision in Article 4 falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism shall refuse the registration;
(i) Those who were sentenced to imprisonment with work or without work for one year or more, and two years have not elapsed since completion or discontinuation of the execution;
(ii) Those whose permission for the first class consigned freight forwarding business or the permission for the second class consigned freight forwarding business have been rescinded and two years have not elapsed since the said rescission date;
(iii) Those who have committed a wrongful conduct in the consigned freight forwarding business in the two-year period prior to the application;
(iv) A juridical person any of whose officers (regardless of the title and includes those with the equivalent or superior authority or ruling power with the same applying hereinafter) falls under any of the preceding three items;
(v) Those who wish to manage the first class consigned freight forwarding business pertaining to forwarding of the freight which a shipping business operator or airline business operator transports between Japan and foreign countries (hereinafter referred to as "international freight forwarding") or forwarding of the freight that departs and arrives between the areas within Japan conducted by an airline transportation operator (hereinafter referred to as "domestic freight forwarding") and fall under any of the following;
(a) Those who do not have Japanese nationality;
(b) Foreign countries or foreign public bodies or equivalent;
(c) A juridical person or other similar bodies established in accordance with foreign Acts;
(d) A juridical person and preceding items (a) to (c) applies to its representative or where the same occupies one-third or the officers or one-third of those with a voting right;
(vi) Those who do not have the facility for which the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism prescribes to be required for the said business;
(vii) Those who do not have the financial basis that meets the standard prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism as required for execution of the said business.
(2) Upon refusal of the registration by the provisions in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall notify the same to the applicant giving the reason without delay.
(Registration of Change, etc.)
Article 7 (1) Those who have obtained registration as prescribed in paragraph (1) of Article 3 (hereinafter referred to as "first class consigned freight forwarding business operator") shall proceed a registration of change conducted by the Minister of Land, Infrastructure, Transport and Tourism when the matters listed in item (iv) of paragraph (1) of Article 4 are to be changed; provided, however, that this shall not apply to the minor changes provided in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The provisions in the preceding three Articles shall also apply mutatis mutandis to the registration of change in the preceding paragraph. In this event, the "following matters" in paragraph (1) of Article 4 and paragraph (1) of Article 5 shall be deemed to be replaced with the "matters pertaining to changes".
(3) Upon any change in the matters listed in items (i) to (iii) of paragraph (1) of Article 4, or upon minor change in the proviso of paragraph (1), the first class consigned freight forwarding business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days after the said change.
(4) Upon receipt of the notification in accordance with the provision in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall register the same in the first class register without delay.
(Consigned forwarding Contract)
Article 8 (1) The first class consigned freight forwarding business operator shall prepare the consigned forwarding contract and obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism. The same shall apply to the event of change of the contract.
(2) Upon granting of the approval provided set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall conduct the same by the following criteria.
(i) There is no risk of damaging the legitimate interests of the freight owner; and
(ii) At least matters such as collection and delivery of the freight, collection and accept of the fare and charge and the responsibilities of the first class consigned freight forwarding business operator are clearly prescribed.
(3) When the Minister of Land, Infrastructure, Transport and Tourism provides and publicly notifies the standard consigned forwarding contract (including the cases when the Minister notifies by changing the said contract), in the event that the first class consigned freight forwarding business operator has provided the consigned forwarding contract which is identical to the standard consigned freight forwarding contract or changed the already established consigned freight forwarding contract to the standard consigned freight forwarding contract, the said consigned freight forwarding contract shall be deemed to have been granted the approval in accordance with the provision in paragraph (1).
(Display of Business Type, etc.)
Article 9 The first class consigned freight forwarding business operator shall display the fact that it is the first class consigned freight forwarding business operator, the types of transportation means in the consigned forwarding, fares and charges (limited to have individuals as the subjects (excluding the cases where the first class consigned freight forwarding business operator is the party of the forwarding contract as a business operator or for its business; hereinafter referred to as "consumers")), consigned freight forwarding contract and other matters provided in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism at locations that are easy to be seen by the public in its principal office and other offices.
(Prohibition of Discriminatory Treatment)
Article 10 The first class consigned freight forwarding business operator shall not unjustly discriminate certain freight owners.
(Agreement on transportation)
Article 11 The first class consigned freight forwarding business operator who wishes to enter an agreement with another forwarding business operator for sharing the facilities or joint management or other agreement on transportation pertaining to the matters provided in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism. The same shall apply to the event of change of the said agreement.
(Order to Improve Business)
Article 12 When it is found necessary to ensure fair and reasonable management of first class consigned freight forwarding business, the Minister of Land, Infrastructure, Transport and Tourism may order the following matters to the first class consigned freight forwarding business operator.
(i) To change the consigned freight forwarding contract;
(ii) To purchase an insurance policy to guarantee the money necessary to compensate for the damage that may occur to the freight transportation;
(iii) When it is found that the fares or charges are in fact obstructing the convenience of the users and other public interests, to change the said fares or charges;
(iv) In addition to what is listed in the preceding three items, when it is found that the freight owner's convenience is obstructed or that appropriate business operations are considerably obstructed, to take measures necessary to improve the business management.
(Prohibited Use, etc. of the Name)
Article 13 (1) The first class consigned freight forwarding business operator shall not allow other persons to utilize its name for the first class consigned freight forwarding business.
(2) The first class consigned freight forwarding business operator shall not allow other persons to manage the first class consigned freight forwarding business under its title by lending of the business or by any other methods.
(Succession)
Article 14 (1) In the event of a transfer of a first class consigned freight forwarding business or merger, split or inheritance of the first class consigned freight forwarding business operator, the transferee of the said business, inheritor (if there are two or more inheritors, the one which has been decided to be the inheritor of the said first class consigned freight forwarding business operator upon consultation, with the same applying hereinafter in this paragraph) or the juridical person that would continue after the merger (excluding a juridical person that is a first class consigned freight forwarding business operator and a juridical person that is a first class consigned freight forwarding business operator and will continue after the merger with a juridical person that does not manage the first class consigned freight forwarding business) or the juridical person established by merger or the juridical person that has succeeded to the said business by split shall succeed to the status of the said first class consigned freight forwarding business operator; provided, however, that this shall not apply when the transferee of the said business or inheritor, the juridical person that will continue after the merger or the juridical person that has been established by the merger or the juridical person that has succeeded to the said business after a split falls under any of the items in paragraph (1) of Article 6.
(2) Those who succeeded to the status of the first class consigned freight forwarding business operator in accordance with the provisions in the preceding paragraph shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days from the said succession.
(3) The provision in paragraph (4) of Article 7 shall apply mutatis mutandis to the notification in accordance with the provision in the preceding paragraph.
(Abolition of Business)
Article 15 Upon abolition of the business, the first class consigned freight forwarding business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days from the said date.
(Suspension of Business and Rescission of Registration)
Article 16 In the event that a first class consigned freight forwarding business operator falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may order suspension of the usage of the suspension of whole or part of the said business for a specified period not longer than three months or rescind the registration.
(i) Violation of this Act or orders based on this Act or dispositions or registrations based on those violation or conditions attached to the approvals;
(ii) Registration in paragraph (1) of Article 3 or registration of change in paragraph (1) of Article 7 by a wrongful means;
(iii) When he/she falls under any of the items in paragraph (1) of Article 6.
(Obliteration of Register)
Article 17 Upon receipt of the notification in accordance with the provision in Article 15 or upon rescission of registration prescribed in the preceding Article, the Minister of Land, Infrastructure, Transport and Tourism shall obliterate the registration of the said first class consigned freight forwarding business.
(Associated Businesses)
Article 18 (1) The first class consigned freight forwarding business operator may conduct businesses generally associated with the standard first class consigned freight forwarding business that cover packaging, storage or assortment of the freight (hereinafter referred to as "packaging of the freight, etc"), collection and advance of the charges and other businesses in association with the said standard first class consigned freight forwarding business.
(2) Upon conducting the packaging of the freight, etc. associated with the said first class consigned freight forwarding business, the first class consigned freight forwarding business operator shall take measures necessary for ensuring the safety of transportation prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism that cover measures to prevent collapsing of the freight and to provide appropriate instruction to the employees engaged in handling of the freight and other measures.
(3) The provisions in Article 9 and Article 12 shall apply mutatis mutandis to the businesses that are generally associated with the standard first class consigned freight forwarding business.
(Exclusion from Application)
Article 19 The provisions of this Act shall not apply to the consigned motor truck transportation in paragraph (7) of Article 2 of the Motor Truck Transportation Business Act.
Chapter III Second Class Consigned Freight Forwarding Business
(Permission)
Article 20 Those who wish to manage the second class consigned freight forwarding business shall obtain a permission of the Minister of Land, Infrastructure, Transport and Tourism.
(Application for the Permission)
Article 21 (1) Those who wish to obtain a permission in the preceding Article shall submit an application form that states the following matters to the Minister of Land, Infrastructure, Transport and Tourism.
(i) Name and location, and if a juridical person the name of its representative; and
(ii) Business plan related to types of the transportation means used in the consigned forwarding, areas or section of the consigned forwarding, names and locations of the offices, scope of the business and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(iii) Business plan related to the bases of collection and delivery of the freight, system of collection and delivery of the freight and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The application form in the preceding paragraph shall attach the documents that state the facilities for the business and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Grounds for Refusal)
Article 22 Any person who falls under any of the following items shall not be granted the permission given in Article 20.
(i) Those who falls under any of the items (i) to (iv) of paragraph (1) of Article 6;
(ii) Those who wish to manage the second class consigned freight forwarding business pertaining to the international freight forwarding conducted by shipping operators or airline operators or the domestic freight forwarding conducted by airline operator and who fall under any of (a) to (d) in item (v) of paragraph (1) of Article 6 (hereinafter referred to as "foreigners, etc.").
(Criteria for Permission)
Article 23 The Minister of Land, Infrastructure, Transport and Tourism shall not grant the permission given in Article 20 unless the Minister finds the application to the permission provided in the said Article satisfying the following criteria.
(i) The business plan is appropriate for execution of its business (excluding the collection and delivery business plan);
(ii) The applicants have the competency to appropriately execute the business;
(iii) The business will contribute to enhancement of the efficiency of the transportation capability to be provided on time and in the accurate quantity by the actual forwarding pertaining to its business.
(iv) The applicants have the appropriate collection and delivery business plan to consistently and smoothly execute collection and delivery in the consigned forwarding;
(v) In the event that the applicants wish to use vehicles for collection and delivery of freight and the applicants have not obtained the permission prescribed in Article 3 or paragraph (1) of Article 35 of the Motor Truck Transportation Business Act, the collection and delivery business plan is satisfactory in ensuring the safety of the transportation for collection and delivery of the said freight.
(Business Plan and Collection and Delivery Business Plan)
Article 24 (1) Those who have obtained the permission in Article 20 (hereinafter referred to as "second class consigned freight forwarding business operator") shall comply with the business plan and collection and delivery business plan upon execution of its business.
(2) When it is found that a second class freight forwarding business operator is violating the provision in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism may order the said second class consigned freight forwarding business operator to comply with the business plan and collection and delivery business plan upon execution of its business.
Article 25 (1) The second class consigned freight forwarding business operator shall obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism upon change of the business plan and collection and delivery business plan (excluding the provision in accordance with paragraph (3)).
(2) The provisions in Article 23 shall apply mutatis mutandis to the approval set forth in the preceding paragraph.
(3) Upon change of the business plan and collection and delivery business plan prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, the second class consigned freight forwarding business operator shall notify the said change in advance and that of minor matters of the business plan and collection and delivery business plan without delay to the Minister of Land, Infrastructure, Transport and Tourism.
(Consigned Forwarding Contract)
Article 26 (1) The second class consigned freight forwarding business operator shall provide the consigned forwarding contract and obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism. The same shall apply to the event of change of the same.
(2) The provisions in paragraphs (2) and (3) of Article 8 shall apply mutatis mutandis to the approval of the consigned forwarding contract in the preceding paragraph. In this event, the term "the first class consigned freight forwarding business operator" shall be deemed to be replaced with the term "the second class consigned freight forwarding business operator".
(Display of Business Type, etc.)
Article 27 The second class consigned freight forwarding business operator shall display the fact that it is a second class consigned freight forwarding business operator, the types of transportation means pertaining to the consigned forwarding, fares and charges (limited to those of which subjects are consumers), consigned forwarding contract and other matters prescribed by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism at its principal office and other offices in easily visible way to the public.
(Order to Improve Business)
Article 28 When it is found necessary to ensure fair and reasonable management of the second class consigned freight forwarding business, the Minister of Land, Infrastructure, Transport and Tourism may order the following matters to the second class consigned freight forwarding business operator.
(i) To change the business plan or collection and delivery business plan;
(ii) To change of the consigned forwarding contract;
(iii) To purchase an insurance policy to guarantee the money necessary to compensate for the damage that may occur to the freight transportation;
(iv) When it is found that the fares or charges are in fact obstructing the convenience of the users and other public interests, to change the said fares or charges;
(v) In addition to what is listed in the preceding items, in the event that there exists a fact that the freight owner's convenience is obstructed or that appropriate business operations are considerably obstructed, to take measures necessary to improve the business management.
(Assignment of Business to or from Others)
Article 29 (1) Transfer of the second class consigned freight forwarding business shall not become effective without the approval of the Minister of Land, Infrastructure, Transport and Tourism.
(2) Merger and split of a juridical person that is a second class consigned freight forwarding business operator shall not become effective without the approval of the Minister of Land, Infrastructure, Transport and Tourism; provided, however, that this shall not apply to the case of merger between a juridical person that is a second class consigned freight forwarding business operator and a juridical person that does not manage the second class consigned freight forwarding business when the juridical person that is a second class consigned freight forwarding business operator is to continue, or the case of a split of a juridical person that is a second class consigned freight forwarding business operator when the second class consigned freight forwarding business is not to be succeeded.
(3) The provisions in Articles 22 and 23 shall apply mutatis mutandis to the approval in the preceding two paragraphs.
(4) The person to whom the second class consigned freight forwarding business has been transferred with the approval given in paragraph (1) or the juridical person that continues or the juridical person that is established after the merger when a second class consigned freight forwarding business has merged or split or the juridical person that has succeeded to the second class consigned freight forwarding business after split with the approval given in paragraph (2) shall also succeed to the rights and obligations based on the said permission.
(Inheritance)
Article 30 (1) Upon death of a second class consigned freight forwarding business operator, in the event that the inheritor (if there are two or more inheritors, the one who has been decided to succeed to the said second class consigned freight forwarding business upon consultation; the same shall apply in the following paragraph) wishes to continue to manage the second class consigned freight forwarding business which the decedent had managed, the inheritor shall obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism within sixty days after the death of the decedent.
(2) Upon application for the approval set forth in the preceding paragraph, the permission for the second class consigned freight forwarding business which had been granted to the decedent shall be deemed to have been granted to the inheritor from the date of the death of the decedent until the receipt of the notice of approval or refusal to approval.
(3) The provisions in Articles 22 and 23 shall apply mutatis mutandis to the approval in paragraph (1).
(4) The person who has been granted the approval given in paragraph (1) shall succeed to the rights and obligations based on the permission pertaining to the decedent.
(Suspension and Abolition of Business)
Article 31 Upon suspension or abolition of the business, the second class consigned freight forwarding business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days from the said date.
(Safety of Transportation during Collection and Delivery of Freight)
Article 32 In regard to the matters pertaining to appointment of the operation manager in charge of collection and delivery of the freight using automobiles and ensuring of safety of transportation, etc. by the second class consigned freight forwarding business operator (excluding those who conduct collection and delivery of the freight related to the said business with the permission prescribed in Article 3 or paragraph (1) of Article 35 of the Motor Truck Transportation Business Act), they shall be governed by the provisions of the paragraph (3) of Article 37 of the said Act.
(Suspension of Business and Rescission of Permission)
Article 33 In the event that the second class consigned freight forwarding business operator falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may order suspension of whole or part of the business for a specified period not longer than three months (not longer than six months in the event of item (iii)) or rescind the permission.
(i) Violation of this Act, orders based on this Act, dispositions or permissions based on these or conditions attached to the approvals;
(ii) When he/she falls under any of the items of Article 22;
(iii) When collection and delivery of the freight is made by automobiles, suspension of the business pertaining to the collection and delivery of the said freight, rescission of the permission pertaining to the said business or other dispositions in accordance with the provision in Article 33 of Motor Truck Transportation Business Act (including its mutatis mutandis application to paragraph (6) of Article 35 and paragraph (3) of Article 37 of the said Act).
(Provisions to be Applied Mutatis Mutandis)
Article 34 (1) The provisions in Article 10, Article 11, Article 13 and paragraphs (1) and (2) of Article 18 shall apply mutatis mutandis to the second class consigned freight forwarding business operator. In this case, the term "for the first class consigned freight forwarding business" in paragraph (1) of Article 13 shall be deemed to be replaced with the "for the consigned freight forwarding business" and the term "first class consigned freight forwarding business" in paragraph (2) of the same Article shall be deemed to be replaced with "consigned freight forwarding business".
(2) The provisions in Articles 27 and 28 shall apply mutatis mutandis to the businesses generally associated with the standard second class consigned freight forwarding business.
Chapter IV Consigned Freight Forwarding Business pertaining to International Freight Forwarding by Foreign Citizens, etc.
(Registration)
Article 35 (1) Notwithstanding the provision in paragraph (1) of Article 3 and paragraph (1) of Article 6 (limited to the parts pertaining to item (v) only), foreigners, etc. may manage the first class consigned freight forwarding business pertaining to international freight forwarding conducted by the first class consigned freight forwarding for the freight of a shipping forwarding business operator or the first class consigned freight forwarding business pertaining to international freight forwarding conducted by airline transportation operator upon registration by the Minister of Land, Infrastructure, Transport and Tourism.
(2) The registration in the preceding paragraph shall be made in accordance with the international freight forwarding prescribed in the same paragraph.
(3) The provision in paragraph (2) of Article 3 shall apply mutatis mutandis to those who obtained the permission prescribed in paragraph (1) of Article 45. In this event, the term "business plan prescribed in item (ii) of paragraph (1) of Article 21" in paragraph (2) of Article 3 shall be deemed to be replaced with the term "business plan prescribed in paragraph (3) of Article 45".
(Application for Registration)
Article 36 (1) Those who wish to obtain a registration given in items of paragraph (1) in the preceding Article shall submit to the Minister of Land, Infrastructure, Transport and Tourism an application form that states the matters listed in the respective items of paragraph (1) of Article 4 and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The Minister of Land, Infrastructure, Transport and Tourism may demand submission of the business plan and other documents to be deemed necessary to the applicant for the registration in paragraph (1) in the preceding Article in addition to the provision in the preceding paragraph.
(Execution of Registration)
Article 37 (1) Upon application for registration in accordance with the provision in the preceding Article, except for the event of refusal of the registration in accordance with the provision in paragraph (1) in the following Article, the Minister of Land, Infrastructure, Transport and Tourism shall register the following matters in the foreigners' international first class shipping transportation operator register (hereinafter referred to as "foreigners' international first class shipping operator register") or the foreigners' international first class freight airline transportation operator register (hereinafter referred to as "foreigners' international first class air-transporter register").
(i) Matters prescribed in paragraph (1) of the preceding Article; and
(ii) Registration date and registration number.
(2) Upon registration in accordance with the provision set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall notify the same to the applicant without delay.
(3) The Minister of Land, Infrastructure, Transport and Tourism shall exhibit the foreigners' international first class shipping operator registry and the foreigners' international first class air-transporter registry to the public.
(Refusal of Registration)
Article 38 (1) In the event that the applicant for the registration prescribed in the Article 36 falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism shall refuse the said registration. The applicant who:
(i) Had been sentenced to imprisonment with work or imprisonment without work for a period of one year or longer (including punishment by an equivalent foreign act), and two years have not elapsed since completion or discontinuation of the sentence;
(ii) Had received rescission of the registration of the first class consigned freight forwarding business or the permission for the second class consigned freight forwarding business and two years have not elapsed since the date of the rescission or the applicant had received rescission of the similar registration or permission (including licenses or other administrative dispositions similar to the said registration or permission) in accordance with the provisions in foreign laws and regulations equivalent to this Act and two years have not elapsed since the said rescission date;
(iii) Has committed a wrongful conduct related to the consigned freight forwarding business within two years before the application;
(iv) Is a juridical person and any of whose officers falls under any of the preceding three items;
(v) Falls under any of the provisions in item (vi) or (vii) of paragraph (1) of Article 6;
(vi) Falls under the grounds where it is appropriate to refuse the registration in order to ensure the fair business activities in the field of the first class consigned freight forwarding business pertaining to the international freight forwarding prescribed in the provisions in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) Upon refusal of registration in accordance with the provision in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall notify the same to the applicant with the grounds without delay.
(Registration of Change, etc.)
Article 39 (1) In the event that those who have been registered as prescribed in paragraph (1) of Article 35 (hereinafter referred to as "foreigners' international first class consigned freight forwarding business operator") wish to change the matters prescribed in paragraph (1) of Article 36 (excluding the matters listed in items (i) to (iii) of paragraph (1) of Article 4), the same shall proceed a registration of change from the Minister of Land, Infrastructure, Transport and Tourism; provided, however, that this shall not apply to minor changes prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The provisions in the preceding three Articles shall apply mutatis mutandis to the registration of change in the preceding paragraph. In this event, the phrase in paragraph (1) of Article 36 "matters prescribed in the respective items of paragraph (1) of Article 4 and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism" and the phrase in paragraph (1) of Article 37 "following matters" shall be deemed to be replaced with the "matters pertaining to changes".
(3) In the event of any changes in the matters prescribed in paragraph (1) of Article 36 (limited to the matters listed in items (i) to (iii) of paragraph (1) of Article 4) or minor changes in the proviso in paragraph (1), the foreigners' international first class consigned freight forwarding business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days after the date of the said changes.
(4) Upon receipt of the notification in accordance with the provision in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall register the same in the foreigners' international first class consigned shipping transportation register or foreigners' international first class air-transportation operator register without delay.
(Order of Change of Fares and Charges)
Article 40 When the Minister of Land, Infrastructure, Transport and Tourism finds necessary, the Minister may order the foreigners' first class consigned forwarding business operators to change the fares or charges.
(Abolition of Business)
Article 41 Upon abolition of its business, the foreigners' international first class consigned freight forwarding business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days from the date of the said abolition.
(Suspension of Business and Rescission of Registration)
Article 42 In the event that the foreigners' international first class consigned freight forwarding business operator falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may order to suspend whole or part of the business for a specified period or rescind the registration.
(i) The foreigners' international first class consigned freight forwarding business operator has violated the laws, dispositions based on laws or conditions attached upon registration;
(ii) The foreigners' international first class consigned freight forwarding business operator has received the registration of change prescribed in paragraph (1) of Article 35 or paragraph (1) of Article 39 by wrongful means;
(iii) The foreigners' international first class consigned freight forwarding business operator comes to fall under any of the items of paragraph (1) of Article 38;
(iv) The country to which the foreigners' international first class consigned freight forwarding business operator belongs (if the foreigners' international first class consigned freight forwarding business operator is an individual, the country in which the said individual has the nationality and if the foreigners' international first class consigned freight forwarding business operator is a juridical person or other bodies, the country in which the individual who actually controls the business through possession of stocks, etc. or by other manners has the nationality or the country in which the said actual controller has its head office or other main offices of business, with the same applying hereinafter in this item) becomes different from the country where the said foreigners' international first class consigned freight forwarding business operator has received the registration prescribed in paragraph (1) of Article 35;
(v) In regard to the foreigners' international first class consigned freight air-transportation operator (those who have made the registration prescribed in paragraph (1) of Article 35 for the first class consigned freight forwarding business pertaining to international freight forwarding conducted by air-transportation operators with the same applying hereinafter in this item), when there exists an agreement on aviation between Japan and the foreign country in which the said foreigners' international first class consigned freight forwarding business operator has the nationality or the foreign country where its head office and other main offices of business exists, the said foreign country or the said foreigners' international first class consigned freight air-transportation operator has violated the said agreement or the said agreement has lost effect.
(vi) In addition to what is listed in the preceding items, when comes to fall under the grounds where the disposition is necessary in order to ensure the public interest prescribed in the provisions in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Obliteration of Registration)
Article 43 Upon receipt of the notification in accordance with the provision in Article 41 or upon rescission of the registration in accordance with the provision in the preceding Article, the Minister of Land, Infrastructure, Transport and Tourism shall obliterate the registration of the said foreigners' international first class consigned freight forwarding business.
(Associated Businesses)
Article 44 (1) The foreigners' international first class consigned freight forwarding business operator may conduct businesses generally associated with the standard foreigners' international first class consigned freight forwarding business that cover packaging of the freight, etc., collection and advance of the charges and other businesses in association with the said foreigners' international first class consigned freight forwarding business.
(2) Upon conducting the packaging of the freight, etc. associated with the said foreigners' international first class consigned freight forwarding business, the foreigners' international first class consigned freight forwarding business operator shall take measures necessary for ensuring the safety of transportation prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism that cover measures to prevent collapsing of the freight and to provide appropriate instruction to the employees engaged in handling of the freight and other measures.
(3) The provisions in Articles 9 and 12 shall apply mutatis mutandis to the businesses that are generally associated with the standard foreigners' international first class consigned freight forwarding business.
(Permission)
Article 45 (1) Notwithstanding the provisions in Articles 20 and 22 (limited to the part pertaining to item (ii)), foreigners, etc. may upon permission by the Minister of Land, Infrastructure, Transport and Tourism manage the second class consigned freight forwarding business pertaining to international freight forwarding conducted by the shipping transportation operators or the second class consigned freight forwarding business pertaining to the international freight forwarding conducted by the air-transportation operators.
(2) The permission in the preceding paragraph shall be given in accordance with the category of the international freight forwarding prescribed in the same paragraph.
(3) Those who wish to obtain the permission in paragraph (1) shall submit to the Minister of Land, Infrastructure, Transport and Tourism an application form that states the business plan related to the section of the consigned forwarding, etc and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(4) The Minister of Land, Infrastructure, Transport and Tourism may demand submission of documents when it deems necessary to the applicant of the permission in paragraph (1) in addition to those prescribed in the preceding paragraph.
(5) Upon granting the permission in paragraph (1), the Minister of Land, Infrastructure, Transport and Tourism shall consider sincere execution of international promises and ensuring of fair business activities and sound development in the field of the second class consigned freight forwarding business pertaining to the international freight forwarding.
(Business Plan)
Article 46 (1) Those who were granted the permission in paragraph (1) in the preceding Article (hereinafter referred to as "foreigners' international second class consigned freight forwarding business operator") shall comply with the provisions in its business plan upon execution of its business.
(2) In the event that the foreigners' international second class freight forwarding buisiness operator wishes to change its business plan (excluding the provision in paragraph (4)), the same shall obtain an approval by the Minister of Land, Infrastructure, Transport and Tourism.
(3) The provision in paragraph (5) in the preceding Article shall apply mutatis mutandis to the approval in the preceding paragraph.
(4) In the event that the foreigners' second class consigned freight forwarding business operator wishes to change the business plan prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, the operator shall notify the same in advance and in the event of change of the business plan for minor matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism notify the same without delay to the Minister of Land, Infrastructure, Transport and Tourism.
(5) When the Minister of Land, Infrastructure, Transport and Tourism finds necessary, the Minister may order change of the business plan to the foreigners' international second class consigned freight forwarding business operator.
(Order to Change Fares or Charges)
Article 47 When the Minister of Land, Infrastructure, Transport and Tourism finds necessary, the Minister may order the foreigners' international second class consigned freight forwarding business operator to change the fares or charges.
(Abolition of Business)
Article 48 Upon abolition of the business, the foreigners' international second class consigned freight forwarding business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days from the said date.
(Safety in Transportation during Collection and Delivery of Freight)
Article 49 In regard to the matters related to appointment of the operation manager in charge of collection and delivery of the freight using automobiles and ensuring of safety of transportation, etc. by the foreigners' international second class consigned freight forwarding business operator (excluding those who conduct collection and delivery of the freight pertaining to the said business with the permission prescribed in Article 3 or paragraph (1) of Article 35 of the Motor Truck Transportation Business Act), the provision in paragraph (3) of Article 37 of the said Act shall apply.
(Suspension of Business and Rescission of Permission)
Article 49-2 In the event that the foreigners' international second class consigned freight forwarding business operator falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may order suspension of whole or part of the business for a specified period or rescind the permission.
(i) The foreigners' international second class consigned freight forwarding business operator has violated the laws, dispositions based on laws or conditions attached to the permission or approval;
(ii) The country to which the foreigners' international second class consigned freight forwarding business operator belongs (if the foreigners' international second class consigned freight forwarding business operator is an individual, the country in which the said individual has the nationality and if the foreigners' international second class consigned freight forwarding business operator is a juridical person or other bodies, the country in which the individual who actual controls the business through possession of stocks, etc. or by other manners has the nationality or the country in which the said actual controller has its head office or other main offices of business, with the same applying hereinafter in this item) becomes different from the country where the said foreigners' international second class consigned freight forwarding business operator has been granted the permission prescribed in paragraph (1) of Article 45;
(iii) For the foreigners' international second class consigned freight air-forwarding business operator (who has been granted the permission prescribed in paragraph (1) of Article 45 concerning the second class consigned freight forwarding business pertaining to the international freight forwarding conducted by the air-transportation operator with the same applying hereinafter in this item), when there exists an agreement on aviation between Japan and the foreign country in which the said foreigners' international second class consigned freight air-transportation operator has the nationality or the foreign country where its head office and other major business offices are located, the said foreign country or the said international second class consigned freight air-transportation operator has violated the said agreement or the said agreement has lost effect;
(iv) In addition to what is listed in the preceding three items, there exists the necessity for public interest.
(Provisions to be Applied Mutatis Mutandis)
Article 49-3 The provisions in Article 44 shall apply mutatis mutandis to the foreigners' international second class consigned freight forwarding business operators.
(Conditions, etc. for Registration, etc.)
Article 50 Registrations, permissions or approvals prescribed in this Chapter may be attached with conditions or due date and the same may be changed or conditions or due date may be added after registration or granting of the permission or approval.
(Exclusion from Application for Application of the Administrative Procedures Act)
Article 50-2 (1) In regard to the dispositions in accordance with the provisions in Articles 40 and 42, paragraph (3) of Article 44 or in the preceding Article in the event that the grounds for the judgment of the necessity for the dispositions in order to ensure fair business activities in the field of the first class consigned freight forwarding business pertaining to the international freight forwarding falls under the subject of those prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, the provisions in Chapter III of the Administrative Procedures Act (Act No. 88 of 1993) shall not apply.
(2) In regard to the dispositions in accordance with the provisions in paragraph (3) of Article 44 or in the preceding Article to be applied mutatis mutandis as prescribed in paragraph (5) of Article 46, Article 47, Article 49-2, Article 49-3 in the event that the grounds for the judgment of the necessity for the dispositions in order to ensure fair business activities in the field of the second class consigned freight forwarding business pertaining to the international freight forwarding falls in the subject of those prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, the provisions in Chapter III of the Administrative Procedures Act shall not apply.
Chapter V Miscellaneous Provisions
(Prohibition of Conducts that would Cause Misunderstanding by Persons Other Than Those who Manage the Consigned Freight Forwarding Business)
Article 51 (1) Persons other than those who manage the consigned freight forwarding business shall not make a indication, advertisement or make similar conducts that would cause misunderstanding to the public that it manages the consigned freight forwarding business.
(2) The Minister of Land, Infrastructure, Transport and Tourism may order the persons other than those who manage the consigned freight forwarding business to take measures to prevent misunderstanding by the public that they manage the consigned freight forwarding business.
(Measures for Sound Development, etc. of Consigned Freight Forwarding Business)
Article 52 The Minister of Land, Infrastructure, Transport and Tourism shall endeavor to comprehensively execute the measures necessary for sound development of the consigned freight forwarding business and improvement and enhancement of the freight forwarding business for the users with due consideration to the trend of selection by the users of the highly accomplished and diversified freight forwarding business and the trend in the business activities related to distribution of the freight to meet their needs in order to contribute to smoother freight distribution.
(Notification of Bodies Related to Consigned Freight Forwarding Business)
Article 53 (1) The bodies organized by those who manage the consigned freight forwarding business with the objective of improvement and enhancement of the freight forwarding business or sound development of the consigned freight forwarding business shall notify to the Minister of Land, Infrastructure, Transport and Tourism the matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism within thirty days after the date of establishment.
(2) The Minister of Land, Infrastructure, Transport and Tourism may demand the bodies that have made the notification in accordance with the provision set forth in the preceding paragraph notify on the business when it is necessary to do the same for improvement and enhancement of the freight forwarding business or sound development of the consigned freight forwarding business.
(Conditions, etc. for Registrations, etc.)
Article 54 (1) Registrations, permissions or approvals prescribed in this Act (excluding the provisions in Chapter IV) may be attached with conditions or due date and the same may be changed.
(2) The conditions or due date in the preceding paragraph shall be minimum required to secure execution of matters pertaining to the said registrations, permissions or approvals and shall not impose unreasonable obligations to the recipients of the said registrations, permissions or approvals.
(Receipt of Notifications and On-the-spot Inspection)
Article 55 (1) The Minister of Land, Infrastructure, Transport and Tourism may order the first class consigned freight forwarding business operator, second class consigned freight forwarding business operator, foreigners' international first class consigned freight forwarding business operator or the foreigners' international second class consigned freight forwarding business operator (hereinafter simply referred to as the "consigned freight forwarding business operators") to report on its business within the limit necessary for the enforcement of this Act pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The Minister of Land, Infrastructure, Transport and Tourism may have its officers enter the main offices and other offices of the consigned freight forwarding business operators to inspect the conditions of its business or accounting or facilities, trade books, documents and other materials or ask questions to the relevant personnel within the limit necessary for the enforcement of this Act.
(3) The officer who conducts the on-the-spot inspection in accordance with the provision in the preceding paragraph shall carry his/her identification and present the same when requested by the relevant personnel.
(4) The authorities in accordance with the provisions in paragraph (2) shall not be construed as approved for criminal investigations.
(Transitional Measure)
Article 56 Upon issuing, revising or abolishing an order based on the provisions in this Act, required transitional measures (including the transitional measures related to penal provisions) may be decided within the scope to be judged as reasonably necessary for the said issuance, revision or abolition by the said order.
(Delegation of Authority)
Article 57 The authority of the Minister of Land, Infrastructure, Transport and Tourism prescribed in this Act may be delegated to the director of the Regional Transport Bureau (including the senior director of transport control) pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Article 58 Deletion
(Delegation to the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism)
Article 59 In addition to what is provided for in this Act, procedures required for enforcement of this Act and other matters shall be prescribed by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Chapter VI Penal Provisions
Article 60 Any person who falls under any of the following items shall be punished by imprisonment with work for not more than three years or a fine not more than three million yen or cumulative imposition thereof. Any person who:
(i) In violation of the provision of Article 20, has managed the second class consigned freight forwarding business;
(ii) In violation of the paragraph (1) of Article 13 which is to apply mutatis mutandis to paragraph (1) of Article 34, has had another person utilize his/her name for the second class consigned freight forwarding business;
(iii) In violation of the paragraph (2) of Article 13 which is to apply mutatis mutandis to paragraph (1) of Article 34, has had another person manage the second class consigned freight forwarding business in the said person's name;
(iv) Has conducted matters without a permission which is required concerning the second class consigned freight forwarding business pursuant to the provision in paragraph (1) of Article 45.
Article 61 Any person who has violated the order to suspend the business pursuant to the provision in Article 33 or Article 49-2 shall be punished by imprisonment with work for not more than one year or a fine not more than one million five hundred thousand yen or cumulative imposition thereof.
Article 62 Any person who falls under any of the following items shall be punished by imprisonment with work for not more than one year or a fine not more than one million five hundred thousand yen or cumulative imposition thereof. Any person who:
(i) In violation of paragraph (1) of Article 3, has managed the first class consigned freight forwarding business;
(ii) In violation of the paragraph (1) of Article 13 (including its mutatis mutandis application to paragraph (1) of Article 34), has had another person utilize his/her name for the first class consigned freight forwarding business in his/her name;
(iii) In violation of the paragraph (2) of Article 13 (including its mutatis mutandis application to paragraph (1) of Article 34), has had another person manage the first class consigned freight forwarding business in the said person's name; or
(iv) Has conducted matters without a permission which is required in the first class consigned freight forwarding business pursuant to the provision in paragraph (1) of Article 35.
Article 63 Any person who has violated the order to suspend the business pursuant to the provision in Article 16 or Article 42 shall be punished by imprisonment with work for not more than six months or a fine not more than five hundred thousand yen or cumulative imposition thereof.
Article 64 Any person who has violated the order pursuant to the provision in paragraph (2) of Article 51 (limited to those related to the second class consigned freight forwarding business) shall be punished by a fine not more than one million five hundred thousand yen.
Article 65 Any person who falls under any of the following items shall be punished by a fine not more than one million yen. Any person who:
(i) Make a forwarding contract without the approval pursuant to the provision in paragraph (1) of Article 8 or paragraph (1) of Article 26, or not by the approved consigned forwarding contract;
(ii) Has violated the order pursuant to the provision in Article 12 (including its mutatis mutandis application to paragraph (3) of Article 18), paragraph (2) of Article 24, Article 28 (including its mutatis mutandis application in paragraph (2) of Article 34), Article 40, paragraph (3) of Article 44 (including its mutatis mutandis application to Article 49-3), paragraph (5) of Article 46 or Article 47;
(iii) Has changed the business plan or collection and delivery business plan in violation of the paragraph (1) of Article 25 or paragraph (2) of Article 46;
(iv) Has failed to make or made the false report pursuant to the provision in paragraph (1) of Article 55; or
(v) Has refused, obstructed or avoided, or failed to make a statement to a question or made a false statement at inspection pursuant to the provision in paragraph (2) of Article 55.
Article 66 Any person who falls under any of the following items shall be punished by a fine not more than five hundred thousand yen. Any person who:
(i) Has changed the matters listed in item (iv) of paragraph (1) of Article 4 in violation to the provision in paragraph (1) of Article 7 or changed the matters prescribed in paragraph (1) of Article 36 in violation to the provision in paragraph (1) of Article 39;
(ii) Has violated the order pursuant to the provision in paragraph (2) of Article 51 (limited to those pertaining to the first class consigned freight forwarding business).
Article 67 In the event that a representative of a juridical person, a juridical person or an individual's agent, employee or other worker has violated the Article 60 to the preceding Article with regard to the business 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 Article.
Article 68 Any person who falls under any of the following items shall be punished by a non-penal fine not more than five hundred thousand yen; Any person who:
(i) Has failed to notify or made a false notification pursuant to the provisions in paragraph (3) of Article 7, Article 11 (including its mutatis mutandis application to paragraph (1) of Article 34), paragraph (2) of Article 14, Article 15, paragraph (3) of Article 25, Article 31, paragraph (3) of Article 39, Article 41, paragraph (4) of Article 46 or Article 48;
(ii) Has failed to make a display or made a false display pursuant to the provision in Article 9 (including its mutatis mutandis application to paragraph (3) of Article 18) or Article 27 (including its mutatis mutandis application in paragraph (2) of Article 34).