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Act on Cooperation with United Nations Peacekeeping Operations and Other Operations


Published: 2006

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Act on Cooperation with United Nations Peacekeeping Operations and Other Operations
Table of Contents
Chapter I General Provisions (Articles 1 to 3)
Chapter II International Peace Cooperation Headquarters (Articles 4 and 5)
Chapter III International Peace Cooperation Assignments (Articles 6 to 24)
Chapter IV Contributions in Kind (Article 25)
Chapter V Miscellaneous Provisions (Articles 26 and 27)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purposes of this Act are to set forth a framework for the implementation of International Peace Cooperation Assignments by stipulating specifications for preparing Implementation Plans and Implementation Procedures for such International Peace Cooperation Assignments and for the establishment of the International Peace Cooperation Corps, with a view to extending appropriate and prompt cooperation with United Nations Peacekeeping Operations, International Humanitarian Relief Operations and International Election Observation Operations, and to take measures to extend Contributions in Kind for those operations, thereby enabling active contributions by Japan to international peace efforts centering upon the United Nations.
(Basic Principles of Cooperation with United Nations Peacekeeping Operations and Other Operations)
Article 2 (1) The Government shall cooperate effectively with United Nations Peacekeeping Operations, International Humanitarian Relief Operations and International Election Observation Operations by appropriately coordinating the implementation of International Peace Cooperation Assignments, Contributions in Kind, and such cooperation extended by non-State entities or individuals related to those operations and contributions under this Act (hereinafter referred to as "the implementation of International Peace Cooperation Assignments, etc."), and by mobilizing the creativity and expertise of the personnel engaged in the implementation of International Peace Cooperation Assignments, etc.
(2) The implementation of International Peace Cooperation Assignments, etc. must not constitute the threat or use of force.
(3) The Prime Minister shall represent the Cabinet in the implementation of International Peace Cooperation Assignments, etc. and shall direct and supervise the respective administrative divisions under the Implementation Plans for International Peace Cooperation Assignments.
(4) To achieve the objectives of the preceding Article, the heads of the Relevant Administrative Organs shall cooperate with the Chief of the International Peace Cooperation Headquarters in the implementation of International Peace Cooperation Assignments, etc.
(Definitions)
Article 3 In this Act, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.
(i) "United Nations Peacekeeping Operations" shall mean operations that are conducted under the control of the United Nations, based on resolutions of the General Assembly or the Security Council of the United Nations to respond to conflicts and maintain international peace and security, by such means as ensuring the observance of agreements to prevent the recurrence of armed conflict among the parties to such conflicts (hereinafter referred to as "Parties to Armed Conflict") and assisting in the establishment of systems of governance by democratic means after the cessation of such conflicts, and that are implemented by two or more participating countries at a request of the Secretary-General of the United Nations (hereinafter referred to as "the Secretary-General") and by the United Nations, without partiality to any of the Parties to Armed Conflict, in cases where agreements to cease armed conflict and to maintain such cessation have been reached among the Parties to Armed Conflict and where consent for conduct of such operations has been obtained from the countries in which those operations are to be conducted as well as from the Parties to Armed Conflict (or from the countries in which the operations are to be conducted when an armed conflict does not exist).
(ii) "International Humanitarian Relief Operations" shall mean operations conducted with humanitarinan intentions other than United Nations Peacekeeping Operations based on resolutions of the General Assembly, the Security Council or the Economic and Social Council of the United Nations or at the request of international organizations listed in appended Table 1 for the purpose of rescuing inhabitants and other persons (hereinafter referred to as "Afflicted Persons") who are suffering or are likely to suffer due to a conflict that is on the verge of endangering international peace and security (hereinafter simply referred to as "Conflicts") or restoring damage caused by Conflicts, implemented by member states of the United Nations or other international organizations, or by United Nations (referred to in items (ii-ii) and (iv) below as "the United Nations, etc."), in cases where consent for conduct of such operations has been obtained from the countries in which those operations are to be conducted, and should such countries be Parties to Armed Conflict, agreement to cease the armed conflict and maintain the cessation has been reached among the Parties to Armed Conflict.
(ii-ii) "International Election Observation Operations" shall mean operations other than United Nations Peacekeeping Operations conducted based on resolutions of the General Assembly, the Security Council of the United Nations or at the request of international organizations listed in appended Table 2 to ensure the fair execution of elections or voting intended to establish systems of governance by democratic means in areas disrupted by Conflicts, implemented by the United Nations, etc, in cases where consent for conduct of such operations has been obtained from the countries in which those operations are to be conducted, and should such countries be the Parties to Armed Conflict, agreement to cease the armed conflict and maintain the cessation has been reached among the Parties to Armed Conflict.
(iii) "International Peace Cooperation Assignments" shall mean the following tasks implemented for United Nations Peacekeeping Operations and tasks provided below in (j) to (q) for International Humanitarian Relief Operations and in (g) and (q) for International Election Observation Operations (including tasks incidental thereto. The same shall apply hereinafter), provided that such tasks are conducted Overseas:
(a) Monitoring the observance of cessation of armed conflicts or the implementation of relocation, withdrawal or demobilization of armed forces agreed upon among the Parties to Armed Conflict;
(b) Stationing in and patrol of buffer zones and other areas demarcated to prevent the occurrence of armed conflicts;
(c) Inspection or identification of weapons and their parts carried in or out by vehicle or other means of transportation or on foot;
(d) Collection, storage or disposal of abandoned weapons and their parts;
(e) Assistance with the designation of cease-fire lines or other similar boundaries by the Parties to Armed Conflict;
(f) Assistance with the exchange of prisoners-of-war among the Parties to Armed Conflict;
(g) Observation or management of the fair execution of elections for a representative assembly, referendums or any other similar elections or voting;
(h) Provision of advice or guidance and supervision related to police administrative matters;
(i) Provision of advice or guidance related to administrative matters in addition to (h) above;
(j) Medical care including sanitation measures;
(k) Search or rescue of Afflicted Persons or assistance in their repatriation;
(l) Distribution of food, clothing, medical supplies and other daily necessities to Afflicted Persons;
(m) Installation of facilities or equipment to accommodate Afflicted Persons;
(n) Measures for the repair or maintenance of facilities or equipment damaged by Conflicts, which are necessary for the daily life of Afflicted Persons;
(o) Measures for the restoration of the natural environment subjected to pollution and other damage due to Conflicts;
(p) Transportation, storage or reservation, communication, construction, installation, inspection or repair of machines and other apparatuses in addition to what is listed in (a) to (o) above.
(q) Other tasks similar to those listed in (a) to (p) above as specified by Cabinet Order.
(iv) "Contributions in Kind" shall mean the transfer, either free of charge or at a cost below market value, of goods that are required by the United Nations, etc. to conduct the following operations:
(a) United Nations Peacekeeping Operations;
(b) International Humanitarian Relief Operations, including those conducted without the consent prescribed in item (ii) above, if they are implemented by the international organizations listed in appended Table 3; the same shall apply to paragraphs 1 and 3 of Article 25;
(c) International Election Observation Operations
(v) "Overseas" shall mean areas outside Japan, inclusive of the high seas.
(vi) "Recipient Countries" shall mean foreign countries, not inclusive of the high seas, where International Peace Cooperation Assignments are implemented.
(vii) "Relevant Administrative Organs" shall mean the following organs as specified by Cabinet Order.
(a) The Cabinet Office or organs prescribed in paragraphs 1 and 2 of Article 49 of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999) or in paragraph 2 of Article 3 of the National Government Organization Act (Act No. 120 of 1948).
(b) Special organs set forth in Articles 40 and 56 of the Act for Establishment of the Cabinet Office or in Article 8-3 of the National Government Organization Act.
Chapter II International Peace Cooperation Headquarters
(Establishment and Duties)
Article 4 (1) The International Peace Cooperation Headquarters (hereinafter referred to as "the Headquarters") shall be established within the Cabinet Office.
(2) The Headquarters shall be responsible for the following duties:
(i) Preparation of draft Implementation Plans for International Peace Cooperation Assignments (hereinafter referred to as "Implementation Plans");
(ii) Preparation or revision of Implementation Procedures for International Peace Cooperation Assignments (hereinafter referred to as "Implementation Procedures");
(iii) Research to identify details of International Peace Cooperation Assignments that must be addressed in Recipient Countries, assessment and analysis of the effects of International Peace Cooperation Assignments already implemented, and liaison with the staff of the United Nations, etc. in Recipient Countries with a view to properly implementing revisions under the preceding item;
(iv) Operation of the International Peace Cooperation Corps (hereinafter referred to as "the Corps");
(v) Carrying out requests for cooperation through the Relevant Administrative Organs for the implementation of International Peace Cooperation Assignments, entrustment of transportation and requests for cooperation from non-State entities and individuals;
(vi) Contributions in Kind;
(vii) Research concerning the implementation of International Peace Cooperation Assignments, etc. (excluding those listed in item (iii) above), and dissemination of knowledge;
(viii) Duties assigned to the Headquarters under the provisions of laws and regulations in addition to those set forth in the preceding items.
(Organization)
Article 5 (1) The Headquarters shall be under the direction of the Chief of the International Peace Cooperation Headquarters (hereinafter referred to as "the Chief"). The Prime Minister shall serve as Chief.
(2) The Chief shall be in charge of general coordination of the affairs of the Headquarters, and shall direct and supervise the staff of the Headquarters.
(3) The Deputy Chief of the International Peace Cooperation Headquarters (referred to as "the Deputy Chief" in the following paragraph) shall be assigned to the Headquarters. The Chief Cabinet Secretary shall serve as Deputy Chief.
(4) The Deputy Chief shall assist the Chief in performing the duties of the Chiefs.
(5) Members of the Headquarters (hereinafter referred to as "Members") shall be assigned to the Headquarters.
(6) The Members shall be appointed by the Prime Minister from among the Ministers of State designated in advance pursuant to the provisions of Article 9 of the Cabinet Act (Act No. 5 of 1947), the Heads of Relevant Administrative Organs, and the Ministers of State for Special Missions prescribed in paragraph 1 of Article 9 of the Act for Establishment of the Cabinet Office.
(7) The Members may advise the Chief on matters concerning the duties of the Headquarters.
(8) The Headquarters may establish the Corps as an organization engaging directly in the implementation of International Peace Cooperation Assignments and undertaking the duties set forth in item (iii) of paragraph 2 of Article 4 above in Overseas areas, for a specified period, for each Implementation Plan pursuant to the provisions of a Cabinet Order.
(9) The Secretariat shall be established within the Headquarters in order to handle matters pertaining to the duties of the Headquarters (excluding affairs undertaken by the Corps).
(10) The Secretariat shall have a Director-General and other staff.
(11) The Director-General shall be responsible for the management of the Secretariat under the instructions of the Chief.
(12) In addition to the matters set forth in the preceding paragraphs, matters necessary for the structure of the Headquarters shall be prescribed by a Cabinet Order.
Chapter III International Peace Cooperation Assignments
(Implementation Plans)
Article 6 (1) The Prime Minister shall seek a Cabinet decision on the implementation of International Peace Cooperation Assignments and on draft Implementation Plans, when the implementation of International Peace Cooperation Assignments by Japan is deemed appropriate and the following consent has been obtained:
(i) With regard to International Peace Cooperation Assignments implemented for United Nations Peacekeeping Operations: consent for the implementation of such assignments from the Parties to Armed Conflict and the countries in which the operations are to be conducted;
(ii) With regard to International Peace Cooperation Assignments implemented for International Humanitarian Relief Operations: consent for the implementation of such assignments from the countries in which the operations are to be implemented;
(iii) With regard to International Peace Cooperation Assignments implemented for International Election Observation Operations: consent for the implementation of such assignments from the countries in which the operations are to be implemented.
(2) The matters to be prescribed in the Implementation Plan shall be as follows:
(i) Basic policy on the implementation of International Peace Cooperation Assignments;
(ii) The following matters concerning the establishment of the Corps and the implementation of International Peace Cooperation Assignments:
(a) Type and content of International Peace Cooperation Assignments to be implemented;
(b) Recipient Countries and the period for which International Peace Cooperation Assignments are to be implemented;
(c) Size and composition of the Corps and its equipment;
(d) The following matters in cases where the implementation of International Peace Cooperation Assignments involves the use of vessels or aircraft of the Japan Coast Guard:
1. Type and content of International Peace Cooperation Assignments involving the use of vessels or aircraft of the Japan Coast Guard;
2. Number, composition, and equipment of Japan Coast Guard personnel required to implement International Peace Cooperation Assignments.
(e) The following matters in cases where units of Self-Defense Forces, etc. (this shall mean Units, etc. as prescribed in Article 8 of the Self-Defense Forces Act (Act No. 165 of 1954); the same shall apply hereinafter) are to implement International Peace Cooperation Assignments:
1. Type and content of International Peace Cooperation Assignments to be implemented by units of Self-Defense Forces, etc.;
2. Size, composition, and equipment of units of Self-Defense Forces, etc. required to implement International Peace Cooperation Assignments.
(f) Scope of the transportation that may be entrusted to the Commandant of the Japan Coast Guard or the Minister of Defense pursuant to the provisions of Article 20, paragraph 1 below;
(g) Important matters concerning the cooperation of Relevant Administrative Organs;
(h) Other important matters concerning the implementation of International Peace Cooperation Assignments.
(Report to the Diet)
Article 7 In the cases listed in the following items, the Prime Minister shall report each of the prescribed matters to the Diet without delay:
(i) In the case of a decision on or revision to an Implementation Plan: the contents pertaining to such decision or revision;
(ii) In the case of termination of an International Peace Cooperation Assignment provided for in the Implementation Plan: the results of the implementation of the assignment;
(iii) In the case of a change pertaining to the period of implementation of an International Peace Cooperation Assignment provided for in the Implementation Plan: the status of the implementation of the assignment during the period prior to such change.
(Implementation Procedures)
Article 8 (1) To implement International Peace Cooperation Assignments in accordance with the Implementation Plan, the Chief shall prepare, and revise if necessary, Implementation Procedures that shall provide details concerning the matters listed in (i) to (v) below as well as the matters listed in (vi) and (vii) below:
(i) Areas where International Peace Cooperation Assignments shall be implemented and the period during which they shall be implemented;
(ii) Type and content of International Peace Cooperation Assignments for each area and for each period referred to in the preceding item;
(iii) Means of implementing International Peace Cooperation Assignments for each area and for each period referred to in item (i) above (including matters related to the equipment to be used for such International Peace Cooperation Assignments);
(iv) Matters concerning personnel to be engaged in International Peace Cooperation Assignments for each area and for each period referred to in item (i) above;
(v) Matters concerning the relationship with the relevant authorities and inhabitants of Recipient Countries;
(vi) Matters concerning the suspension of International Peace Cooperation Assignments by personnel engaged in such International Peace Cooperation Assignments in the cases listed in paragraph 13 of Article 6;
(vii) Other matters that the Chief deems necessary for the implementation of International Peace Cooperation Assignments.
(2) With regard to International Peace Cooperation Assignments to be implemented as United Nations Peacekeeping Operations, the preparation and revision of Implementation Procedures shall be carried out so as to conform with the command of the Secretary-General or the person exercising the powers of the Secretary-General in Recipient Countries, except as deemed necessary by the Chief with regard to matters referred to in item (vi) of the preceding paragraph.
(3) If deemed necessary, the Chief may delegate part of his authority for the preparation or revision of Implementation Procedures to designated personnel of the Corps.
(Implementation of International Peace Cooperation Assignments, etc.)
Article 9 (1) The Corps shall implement International Peace Cooperation Assignments in accordance with an Implementation Plan and Implementation Procedures.
(2) In light of the spirit of the provisions of paragraph 1 of Article 2, personnel of the Corps shall, when engaged in the duties referred to in paragraph 2 (iii) of Article 4, actively endeavor to collect information and data deemed useful for the proper discharge of such duties, in a manner responsive to changes in circumstances in the places where International Peace Cooperation Assignments are implemented.
(3) At the request of the Chief regarding International Peace Cooperation Assignments referred to in paragraph 5 of Article 6 as set forth in the Implementation Plan, the Commandant of the Japan Coast Guard may direct its personnel acting as the crew of Japan Coast Guard vessels or aircraft to implement such International Peace Cooperation Assignments, in accordance with the Implementation Plan and Implementation Procedures, by means of such vessels or aircraft.
(4) At the request of the Chief regarding International Peace Cooperation Assignments referred to in paragraph 6 of Article 6 as set forth in the Implementation Plan, the Minister of Defense may direct the units of Self-Defense Forces, etc. to implement such International Peace Cooperation Assignments in accordance with the Implementation Plan and Implementation Procedures.
(5) Upon implementation of International Peace Cooperation Assignments pursuant to the provisions of the two preceding paragraphs, the personnel of the Japan Coast Guard referred to in paragraph 3 or the personnel of the Self-Defense Forces set forth in paragraph 5 of Article 2 of the Self-Defense Forces Act who belong to units of Self-Defense Forces, etc. referred to in the preceding paragraph, shall engage respectively in International Peace Cooperation Assignments in accordance with the Implementation Plan and Implementation Procedures.
(6) The Corps shall maintain close contact with diplomatic missions abroad as designated by the Minister for Foreign Affairs.
(7) The heads of diplomatic missions abroad as designated by the Minister for Foreign Affairs shall, under the instruction of the Minister, extend the necessary cooperation for the implementation of International Peace Cooperation Assignments.
(Appointment and Dismissal of Personnel of the Corps)
Article 10 The Chief shall appoint and dismiss personnel of the Corps (hereinafter referred to as "Corps Personnel").
(Employment of Corps Personnel)
Article 11 (1) For the engagement of personnel in International Peace Cooperation Assignments pertaining to the tasks listed in (g) to (p) of Article 3 (iii) or similar tasks, as specified by Cabinet Order under Article 3 (iii)(q), the Chief may employ Corps Personnel with a specified period, by selection from among those persons having interest in being engaged in such International Peace Cooperation Assignments.
(2) In managing employment under the provisions of the preceding paragraph, the Chief shall seek cooperation from the Relevant Administrative Organs, local governments or private entities so as to ensure the extensive mobilization of human resources.
(Dispatch of Personnel of the Relevant Administrative Organs to the Corps)
Article 12 (1) The Chief may, in accordance with the Implementation Plan, submit a request to the heads of the Relevant Administrative Organs to dispatch to the Corps Personnel (excluding those listed in Article 2, paragraph 3, items (i) to (xv), (xvii) and (xviii) of the National Public Service Act (Act No.120 of 1947)) possessing skills, capabilities and other qualifications necessary for the implementation of International Peace Cooperation Assignments by the Corps, provided that the Chief shall not request that non-Self-Defense Force personnel be dispatched to International Peace Cooperation Assignments pertaining to the tasks listed in (a) to (f) of Article 3 (iii) and similar tasks, as specified by a Cabinet Order under Article 3 (iii)(q).
(2) Upon request pursuant to the provisions of the preceding paragraph, the heads of the Relevant Administrative Organs shall, to an extent that does not hinder the performance of their respective duties, dispatch to the Corps the personnel described in said paragraph for a specified period.
(3) Except for Self-Defense Force personnel, personnel dispatched pursuant to the provisions of the preceding paragraph shall be assigned as Corps Personnel with the mission term referred to in said paragraph while maintaining their original government positions.
(4) Self-Defense Force personnel dispatched pursuant to the provisions of paragraph 2 above shall be assigned as Corps Personnel with the mission term referred to in said paragraph while in simultaneous possession of Corps Personnel and Self-Defense Force personnel status.
(5) Personnel assigned as Corps Personnel either maintaining their original government positions pursuant to the provisions of paragraph 3 above or in simultaneous possession of both Corps Personnel and Self-Defense Force personnel status pursuant to the provisions of the preceding paragraph shall be engaged in International Peace Cooperation Assignments under the direction and supervision of the Chief.
(6) With regard to Corps Personnel dispatched by the Minister of Defense pursuant to the provisions of paragraph 2 above (hereinafter referred to as "Corps Personnel from the SDF" in this Article), the Chief shall divest such personnel of their status as Corps Personnel in cases where the need for such assignment ceases to exist or as otherwise specified by Cabinet Order. Such Self-Defense Force personnel shall revert to the Self-Defense Forces.
(7) Corps Personnel from the Self-Defense Force shall be divested of their status as Corps Personnel if they are divested of their status as Self-Defense Force Personnel.
(8) For the purpose of the application of laws and regulations concerning remuneration, etc. (meaning remuneration other than the International Peace Cooperation Allowance stipulated in Article 16, Accident Compensation and Retirement Allowance as well as that provided by the Mutual Aid Association System), personnel in simultaneous possession of Corps Personnel and Self-Defense Force personnel status pursuant to the provisions of paragraph 4 above shall be deemed to belong only to the Self-Defense Forces.
(9) Matters not included in paragraphs 4 through 8 that are necessary for managing the status of personnel referred to in said paragraphs shall be specified by a Cabinet Order.
Article 13 (1) When the Commandant of the Japan Coast Guard directs its personnel to implement International Peace Cooperation Assignments pursuant to the provisions of paragraph 3 of Article 9 above, the Commandant shall dispatch such personnel to the Corps for a specified period. Such Japan Coast Guard personnel thus dispatched shall be employed as Corps Personnel while maintaining their original government positions for the said period as the mission term, and shall be engaged as Corps Personnel with the duties referred to in paragraph 2 (iii) of Article 4 above.
(2) When the Minister of Defense directs units of Self-Defense Force, etc. to implement International Peace Cooperation Assignments pursuant to the provisions of paragraph 4 of Article 9 above, the Minister shall dispatch Self-Defense Force personnel belonging to units of Self-Defense Force, etc. to the Corps for a specified period. Such Self-Defense Force Personnel thus assigned shall be assigned as Corps Personnel for the said period as the mission term, shall simultaneously possess Self-Defense Force personnel and Corps Personnel status, and shall be engaged as Corps Personnel in the duties referred to in Article 4, paragraph 2 (iii) above.
(3) In addition to the matters prescribed in the preceding paragraph, the provisions of paragraphs 6 through 9 of the preceding Article shall apply mutatis mutandis with regard to treatment of the status of personnel in simultaneous possession of Self-Defense Force personnel and Corps Personnel status pursuant to the provisions of said paragraph.
(Exclusion of Application of the National Public Service Act)
Article 14 With regard to Corps Personnel employed pursuant to the provisions of paragraph 1 of Article 11 above, the provisions of paragraph 1 of Article 103 as well as Article 104 of the National Public Service Act shall not apply, even if such personnel have assumed positions as officers, advisers or councilors (hereinafter jointly referred as "Officers, etc." in this Article) in entities for the purpose of managing enterprises for profit described in paragraph 1 of Article 103 of said Act (hereinafter referred to as "For-Profit Enterprises" in this Article) or have managed their own For-Profit Enterprises, or, for a reward, have assumed positions as Officers, etc., or have been engaged in undertakings or otherwise performed duties in entities for purposes other than profit-making, prior to becoming Corps Personnel.
(Training)
Article 15 Corps Personnel shall receive training, as provided for by the Chief, for the proper and effective implementation of International Peace Cooperation Assignments.
(International Peace Cooperation Allowance)
Article 16 (1) An International Peace Cooperation Allowance may be paid to personnel engaged in International Peace Cooperation Assignments in view of the working conditions in Recipient Countries where such assignments are implemented and of the characteristics of such assignments.
(2) Matters pertaining to the International Peace Cooperation Allowance referred to in the preceding paragraph shall be specified by a Cabinet Order.
(3) The Prime Minister shall hear the opinions of the National Personnel Authority upon the enactment, amendment or abolishment of a Cabinet Order pursuant to the preceding paragraph.
(Uniforms)
Article 17 (1) Uniforms of Corps Personnel shall be specified by a Cabinet Order.
(2) Clothing may, as provided by a Cabinet Order, be supplied or loaned to Corps Personnel in cases where such clothing is necessary for the performance of their duties.
(Maximum Total Personnel to be Engaged in International Peace Cooperation Assignments)
Article 18 The total number of personnel engaged in International Peace Cooperation Assignments shall not exceed two thousand.
(Authorized Strength of Corps Personnel)
Article 19 The authorized strength (or total number) of Corps Personnel shall be specified by a Cabinet Order for each of the Corps as may be necessary for the implementation of International Peace Cooperation Assignments pursuant to an Implementation Plan.
(Entrustment of Transportation)
Article 20 (1) The Chief may, pursuant to an Implementation Plan, entrust to the Commandant of the Japan Coast Guard or the Minister of Defense the transportation of Afflicted Persons by vessel or aircraft in order to implement International Peace Cooperation Assignments listed in Article 3 (iii)(k) or the transportation of goods by vessel or aircraft in order to implement International Peace Cooperation Assignments listed in Article 3 (iii)(j) to (o), except for such transportation of Afflicted Persons or goods between points within a Recipient Country or between a Recipient Country and other adjacent Recipient Countries.
(2) The Commandant of the Japan Coast Guard may, upon entrustment pursuant to the provisions of the preceding paragraph, accept and undertake the entrusted transportation to an extent that does not hinder the performance of other missions by the Japan Coast Guard.
(3) The Minister of Defense may, upon entrustment pursuant to the provisions of paragraph 1 above, accept and undertake the entrusted transportation to an extent that does not hinder the performance of the principal duties of the Self-Defense Forces.
(Cooperation by the Relevant Administrative Organs)
Article 21 (1) If deemed necessary for the implementation of International Peace Cooperation Assignments by the Corps, the Chief may submit a request to the heads of the Relevant Administrative Organs for cooperation, such as the transfer of control to goods under their respective jurisdictions.
(2) The heads of the Relevant Administrative Organs shall, upon request pursuant to the provisions of the preceding paragraph, extend such cooperation as referred to in the said paragraph to an extent that does not hinder the performance of the Relevant Administrative Organs' respective duties.
(Possession and Lending of Small Arms and Light Weapons)
Article 22 The Headquarters may possess small arms and light weapons specified by a Cabinet Order that are necessary to secure the safety of Corps Personnel.
Article 23 (1) When engaging Corps Personnel in International Peace Cooperation Assignments that the Corps implements in Recipient Countries pursuant to the provisions of paragraph 1 of Article 9, the Chief may lend to the Corps small arms and light weapons prescribed in the preceding Article during the stationing of Corps Personnel in Recipient Countries if deemed particularly necessary in view of the local safety conditions and other related factors. Such small arms and light weapons shall be stipulated as equipment in the Implementation Plan pursuant to the provisions of paragraphs 2 (ii) (c) and 4 of Article 6.
(2) Headquarters personnel designated by the Chief to assume responsibility for controlling small arms and light weapons may keep them in custody to lend to Corps Personnel pursuant to the provisions of the preceding paragraph.
(3) Necessary matters pertaining to the criteria for lending, control and other aspects of the management of the small arms and light weapons shall be specified by Cabinet Order.
(Use of Weapons)
Article 24 (1) Corps Personnel assigned small arms and light weapons pursuant to the provisions of paragraph 1 of the preceding Article who are engaged in International Peace Cooperation Assignments in Recipient Countries may use such small arms and light weapons within reasonable limits under the circumstances, when unavoidably necessary to protect the lives of or prevent bodily harm to themselves, other Corps Personnel who are with them or individuals who have come under their control during the performance of their duties.
(2) Coast guard officers and assistant coast guard officers (hereinafter jointly referred to as "Coast Guard Officers" in this Article) engaged in International Peace Cooperation Assignments in Recipient Countries pursuant to the provisions of paragraph 5 of Article 9 may use small arms and light weapons within reasonable limits under the circumstances, when unavoidably necessary to protect the lives of or prevent bodily harm to themselves, other personnel of the Japan Coast Guard, Corps Personnel who are with them, or individuals who have come under their control during the performance of their duties. The types of such small arms and light weapons shall be specified by Cabinet Order as described in Article 22 and shall also be stipulated as equipment in the Implementation Plan pursuant to the provisions of paragraph 2(ii)(d)2 and paragraph 4 of Article 6 above.
(3) Self-Defense Force Officials engaged in International Peace Cooperation Assignments in Recipient Countries pursuant to the provisions of paragraph 5 of Article 9 may use their weapons within reasonable limits under the circumstances when unavoidably necessary to protect the lives of others or prevent bodily harm to themselves, other Self-Defense Force personnel, Corps Personnel who are with them, or individuals who have come under their control during the performance of their duties. Such small arms and light weapons shall be stipulated as equipment in the Implementation Plan pursuant to the provisions of paragraph 2 (ii) (e) 2 and paragraph 4 of Article 6.
(4) When a senior officer is on the scene, the use of small arms and light weapons or more powerful weapons pursuant to the provisions of the preceding two paragraphs shall be conducted under the orders of the senior officer. However, this shall not apply in cases where a serious violation of or danger to lives or body harm is imminent and there is no time to await such orders.
(5) In the cases referred to in the provisions of paragraph 2 or 3 above, a senior officer present on the scene shall give necessary orders intended to prevent the danger to lives and disorder through the uncontrolled use of small arms and light weapons or more powerful weapons and to ensure that the use of small arms and light weapons or more powerful weapons shall be in accordance with the provisions of paragraphs 2 and 3 above, and 6 below.
(6) The use of small arms and light weapons or more powerful weapons pursuant to the provisions of paragraphs 1 to 3 above shall not inflict injury on any persons, except in either of the cases under the provisions of Article 36 or 37 of the Penal Code (Act No. 45 of 1907).
(7) The provisions of Article 20 of the Japan Coast Guard Act shall not apply with regard to Coast Guard Officers engaged in International Peace Cooperation Assignments in Recipient Countries pursuant to the provisions of paragraph 5 of Article 9.
(8) The provisions of paragraph 3 of Article 96 of the Self-Defense Forces Act shall not apply to Self-Defense Force Officials engaged in International Peace Cooperation Assignments in Recipient Countries pursuant to the provisions of paragraph 5 of Article 9, pertaining to crimes committed by persons other than Self-Defense Force personnel.
(9) In the event of the suspension of International Peace Cooperation Assignments as described in paragraph 1 (vi) of Article 8, the provisions of paragraph 1 above shall apply mutatis mutandis to Corps Personnel engaged in such assignments, the provisions of paragraphs 2 and 7 above shall apply mutatis mutandis to Coast Guard Officers engaged in such assignments, the provisions of paragraphs 3 and 8 above shall apply mutatis mutandis to Self-Defense Force Officials engaged in such assignments, the provisions of paragraphs 4 and 5 above shall apply mutatis mutandis to the use of small arms and light weapons or more powerful weapons according to the provisions of paragraphs 2 and 3 above as applied mutatis mutandis pursuant to this paragraph, the provisions of paragraph 6 above shall apply mutatis mutandis to the use of small arms and light weapons or more powerful weapons according to the provisions of paragraphs 1 to 3 as applied mutatis mutandis pursuant to this paragraph.
Chapter IV Contributions in Kind
(Contributions in Kind)
Article 25 (1) The Government may extend Contributions in Kind if deemed appropriate in order to cooperate with United Nations Peacekeeping Operations, International Humanitarian Relief Operations or International Election Observation Operations.
(2) The Prime Minister shall seek a Cabinet decision for Contributions in Kind.
(3) The Minister for Foreign Affairs may submit a request to the Prime Minister for a Cabinet decision concerning Contributions in Kind if it is deemed appropriate in order to cooperate with United Nations Peacekeeping Operations, International Humanitarian Relief Operations or International Election Observation Operations.
(4) If deemed necessary for Contributions in Kind, the Chief may submit a request to the heads of the Relevant Administrative Organs for the transfer of control to goods under their respective jurisdictions.
(5) The heads of the Relevant Administrative Organs shall, upon request pursuant to the provisions of the preceding paragraph, transfer control to goods under their respective jurisdictions to an extent that does not hinder the performance of their respective duties.
Chapter V Miscellaneous Provisions
(Cooperation, etc. of Private Sector)
Article 26 (1) If it is deemed impossible to fully implement International Peace Cooperation Assignments by means of arrangements pursuant to the provisions of Chapter III or if it is deemed necessary for the purpose of making Contributions in Kind, the Chief may, with the cooperation of the heads of the Relevant Administrative Organs, request that non-State entities and individuals cooperate with the transfer or loan of goods, or the provision of services.
(2) The Government shall compensate non-State entities and individuals that extend cooperation pursuant to the provisions of the preceding paragraph for their reasonable value, and shall make the necessary financial arrangements for any loss incurred as a result of extending such cooperation.
(Delegation to Cabinet Order)
Article 27 In addition to matters for which special provisions exist in this Act, procedures for the implementation of this Act and other matters necessary for its enforcement shall be specified by a Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1 This Act shall come into force as of a date specified by a Cabinet Order within a period not exceeding three months from the date of its promulgation.
Appended Table 1 (Re: Article 3)
(i) United Nations
(ii) Organs established by the General Assembly of the United Nations or the Specialized Agencies, Funds and Programmes of the United Nations, which are listed in any of the following or otherwise specified by a Cabinet Order:
(a) Office of the United Nations High Commissioner for Refugees (UNHCR)
(b) United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
(c) United Nations Children's Fund (UNICEF)
(d) United Nations Volunteers (UNV)
(e) United Nations Development Programme (UNDP)
(f) United Nations Environment Programme (UNEP)
(g) United Nations World Food Programme (WFP)
(h) Food and Agriculture Organization of the United Nations (FAO)
(i) World Health Organization (WHO)
(iii) International Organization for Migration (IOM)
Appended Table 2 (Re: Article 3)
(i) United Nations
(ii) Organs established by the General Assembly of the United Nations or Specialized Agencies, Funds and Programmes of the United Nations, such as the UNDP, or otherwise specified by a Cabinet Order:
(iii) Regional Organizations, as prescribed in Article 52 of the Charter of the United Nations, acknowledged for their actual achievements or expertise pertaining to the activities of International Election Observation and specified by a Cabinet Order.
Appended Table 3 (Re: Article 3)
(i) Organs established by the General Assembly of the United Nations or Specialized Agencies, Funds and Programmes of the United Nations which are listed in any of the following or otherwise specified by a Cabinet Order:
(a) Office of the United Nations High Commissioner for Refugees (UNHCR)
(b) United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
(c) United Nations Children's Fund (UNICEF)
(d) United Nations Volunteers (UNV)
(e) United Nations Development Programme (UNDP)
(f) United Nations Environment Programme (UNEP)
(g) United Nations World Food Programme (WFP)
(h) Food and Agriculture Organization of the United Nations (FAO)
(i) World Health Organization (WHO)
(ii) International Organization for Migration (IOM)