Cabinet Order on Expenses, etc. for Hearings by the Japan Fair Trade Commission

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=1991
Published: 2004

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Cabinet Order on Expenses, etc. for Hearings by the Japan Fair Trade Commission

The Cabinet hereby enacts the Cabinet Order on Expenses, etc. for Hearings by the Japan Fair Trade Commission pursuant to the provisions of Articles 70 and 75 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947).

(Travel Expenses)

Article 1 (1) The travel expenses which a witness or an expert witness may claim pursuant to the provisions of Article 75 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (hereinafter referred to as the "Act") shall be of four types, these being train fares, boat fares, distance fees, and air fares; train fares shall be paid for travel by land in sections where rail transport service is available, boat fares shall be paid for travel by waterway in sections where ship transport service is available, distance fees shall be paid for travel by land for sections where no rail transport service is available or for travel by waterway in sections where no ship transport service is available, and air fares shall be paid for travel by air in cases where there are special reasons for which aircraft should be used.

(2) Train fares and boat fares shall be calculated based on the passenger fare (including any lighterage or pierage dues, and in the case of travel by rail transport or water transport where the fare varies by grade, if the fare has three grades, it shall be the fare for the middle or the lowest grade, whichever the Japan Fair Trade Commission deems reasonable, and if the fare has two grades, it shall be the fare for whichever grade the Japan Fair Trade Commission deems reasonable), any express fare (for travel of 100 kilometers or more each way in a section where a special express train is operated, it shall be the special express fare, and for travel of 50 kilometers or more each way in a section where an ordinary express train or a local express train is operated, it shall be the ordinary express fare or the local express fare), and any special vehicle charge or special cabin charge or reserved-seat charge (limited to a reserved-seat charge for travel of 100 kilometers or more each way in a section where an ordinary express train that charges a reserved-seat charge is operated or for travel in a section where a ship that charges a reserved-seat charge is operated) which the Japan Fair Trade Commission finds reasonable, according to the distance of the traveled section; distance fees shall be calculated based on the amount which the Japan Fair Trade Commission finds reasonable not exceeding 37 yen per kilometer; and air fares shall be calculated based on the passenger fare that is actually paid.

(3) In cases where the actual travel expenses cannot be fully covered by a distance fee in the amount specified in the preceding paragraph due to a natural disaster or any other unavoidable circumstance, the distance fee shall be paid in an amount not exceeding the actual travel expenses, notwithstanding the provisions of said paragraph.

(Allowances)

Article 2 (1) The allowances which a witness or expert witness may claim pursuant to the provisions of Article 75 of the Act shall be a daily allowance, accommodation fee, and special allowance.

(2) The daily allowance shall be paid according to the number of days required to make an appearance or give an expert opinion or to travel for these purposes (hereinafter referred to as "making an appearance, etc."), and the amount of the daily allowance shall be the amount which the Japan Fair Trade Commission finds reasonable not exceeding 8,000 yen per day in the case of a witness and not exceeding 7,600 yen per day in the case of an expert witness.

(3) The accommodation fee shall be paid according to the number of overnight stays required for making an appearance, etc., and the amount of the accommodation fee shall be the amount which the Japan Fair Trade Commission finds reasonable, not exceeding 8,700 yen per night where the place of stay is in Area A specified in Appended Table 1 of the Act on Travel Expenses of National Public Officers, etc. (Act No. 114 of 1950) and not exceeding 7,800 yen per night where the place of stay is in Area B specified in said table.

(4) The special allowance shall be paid to an expert witness when special skills or expenses or long hours are required to give an expert opinion, and the amount of the special allowance shall be the amount deemed to be reasonable by the Japan Fair Trade Commission.

(Calculation of Travel Expenses, etc.)

Article 3 The number of days of travel to be used in the calculation of the traveling expenses (excluding air fare), daily allowance, and accommodation fee shall be calculated based on travel by the most economical, ordinary route and method; provided, however, that in cases where it is difficult to travel by the most economical, ordinary route or method due to a natural disaster or any other unavoidable circumstances, the number of days of travel shall be calculated based on the actually used route and method.

(Procedure for Claiming Travel Expenses and Allowances)

Article 4 In order to claim travel expenses and allowances, a witness shall claim them within thirty days of making the appearance, and an expert witness shall claim them within thirty days of giving the expert opinion.