Act on the Promotion of Public Utilization of the Specific Advanced Large Research Facilities


Published: 2006

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Act on the Promotion of Public Utilization of the Specific Advanced Large Research Facilities

(Act No. 78 of June 29, 1994)

Chapter I General Provisions (Articles 1 to 3) Chapter II Basic Policy (Article 4) Chapter III Business of Entity Establishing the Specific Advanced Large

Research Facilities (Articles 5 to 7) Chapter IV Registered Institution for Facilities Use Promotion (Articles 8 to

28) Chapter V Penal Provisions (Articles 29 to 31) Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is, by taking measures for promoting public utilization of advanced large research facilities by persons engaged in testing, research and development (hereinafter referred to as the "Researchers, etc.") concerning science and technology (excluding those pertaining only to humanities and social sciences; the same shall apply hereinafter) (hereinafter referred to as the "Researches, etc."), to facilitate reinforcement of the basis of the Researches, etc. as well as integration etc. of various knowledge held by the Researchers, etc. through exchange among institutions pertaining to the Researches, etc. and the Researchers, etc., thereby contributing to the development of science and technology.

(Definitions)

Article 2 (1) The term "Advanced Large Research Facilities" as used in this Act shall mean such large research facilities as shall be deemed inappropriate due to the large amount of costs required if more than one national testing and/or research institution or Incorporated Administrative Agency (meaning the Incorporated Administrative Agency prescribed by Article 2, paragraph (1) of the Act for the General Rules for Incorporated Administrative Agency (Act No. 103 of 1999)) engaged in the Researches, etc. establishes the same in an overlapping manner, and, with their incomparable functions in the fields of advanced science and technology, the value of which shall be maximized to the fullest extent by being utilized for various Researches, etc. in the wide range of fields of science and technology.

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(2) The term "The Specific Advanced Large Research Facilities" as used in this Act shall mean the Advanced Large Research Facilities that fall under either of the following. (i) The Specific Synchrotron Radiation Facilities (ii) The Specific High-speed Computer Facilities

(3) The term "The Specific Synchrotron Radiation Facilities" as used in this Act shall mean the facilities for conducting the Researches, etc. utilizing highly- directional and high-intensity electromagnetic waves emitted from accelerated electrons or positrons (hereinafter referred to as the "Synchrotron Radiation"), established by RIKEN (The Institute of Physical and Chemical Research) (hereinafter referred to as "RIKEN"), which shall be specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology.

(4) The term "The Specific High-speed Computer Facilities" as used in this Act shall mean the facilities for conducting the Researches, etc. utilizing computers capable of performing highly advanced arithmetic processing (hereinafter referred to as the "Ultra High-speed Computers"), established by RIKEN, which shall be specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology.

(5) The term "Shared Facilities for Synchrotron Radiation" as used in this Act shall mean the portion of the Specific Synchrotron Radiation Facilities that is made available for public utilization by the Researchers, etc.

(6) The term "Dedicated Facilities for Synchrotron Radiation" as used in this Act shall mean the facilities established by any person other than RIKEN and used for conducting the Researches, etc. utilizing the Synchrotron Radiation pertaining to the Specific Synchrotron Radiation Facilities.

(Responsibility of Government)

Article 3 For achieving the purpose of this Act, the government shall endeavor to support persons engaged in the Researches, etc. utilizing the portion of the Specific Advanced Large Research Facilities that is made available for public utilization by the Researchers, etc. or the Dedicated Facilities for Synchrotron Radiation (hereinafter referred to as the "Researches Utilizing Facilities"), conduct researches and studies concerning measures to promote the Researches Utilizing Facilities, promote international exchange that would contribute to the promotion of the Researches Utilizing Facilities and take other measures necessary to promote public utilization of the Specific Advanced Large Research Facilities.

Chapter II Basic Policy

Article 4 (1) The Minister of Education, Culture, Sports, Science and Technology

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shall determine the basic policy concerning the promotion of public utilization (hereinafter referred to as the "Basic Policy") for each of the Specific Advanced Large Research Facilities listed in each item of Article 2, paragraph (2).

(2) The Basic Policy shall provide for the following matters. (i) Basic course of action concerning the promotion of public utilization of the

Specific Advanced Large Research Facilities (ii) Matters concerning the Researches, etc. utilizing the portion of the Specific

Advanced Large Research Facilities that is made available for public utilization by the Researchers, etc.

(iii) Matters concerning the development and improvement of the portion of the Specific Advanced Large Research Facilities that is made available for public utilization by the Researchers, etc.

(iv) Matters concerning the operation of the portion of the Specific Advanced Large Research Facilities that is made available for public utilization by the Researchers, etc.

(v) Other matters to be taken care of in the course of promoting public utilization of the Specific Advanced Large Research Facilities

(3) The matters concerning the Researches, etc. utilizing the Dedicated Facilities for Synchrotron Radiation as well as the establishment and use of the Dedicated Facilities for Synchrotron Radiation, shall be provided for in the Basic Policy pertaining to the Specific Synchrotron Radiation Facilities, in addition to the matters listed in each item of the preceding paragraph.

(4) The Minister of Education, Culture, Sports, Science and Technology shall make public announcement without delay whenever he/she determines or modifies the Basic Policy.

Chapter III Business of Entity Establishing Specific Advanced Large

Research Facilities

(Business of Entity Establishing Specific Advanced Large Research Facilities) Article 5 For achieving the purpose of this Act, RIKEN shall, as an entity

establishing the Specific Advanced Large Research Facilities, undertake the business listed in the lower column of the following table according to the classification of the facilities listed in the upper column of the same table, respectively. Specified Synchrotron (i) Construct, maintain and manage the Shared Radiation Facilities Facilities for Synchrotron Radiation, and make the

same available for shared use by the Researchers, etc.

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(ii) Establish the Dedicated Facilities for Synchrotron Radiation and provide the persons engaged in the Researches, etc. utilizing such facilities with the Synchrotron Radiation and other convenience necessary for such Researches, etc.

(iii) Perform business incidental to the business set forth in the preceding two items.

Specified High-speed (i) Develop the Ultra High-speed Computers, Computer Facilities construct, maintain and manage the Specified High-

speed Computer Facilities and make the same available for shared use by the Researchers, etc.

(ii) Perform business incidental to the business set forth in the preceding item.

(Implementation Plan)

Article 6 (1) Pursuant to the provisions of the Ordinance of the Ministry of Education, Culture, Sports, Science and Technology, RIKEN shall, as an entity establishing the Specific Advanced Large Research Facilities, prepare the implementation plan for the business listed in the lower column of the table in the preceding Article according to the classification of the facilities listed in the upper column of the same table (excluding the business that are decided to be not undertaken by RIKEN pursuant to the provision of Article 9, paragraph (1)), respectively, and obtain approval of the Minister of Education, Culture, Sports, Science and Technology every business year. The same shall apply when a modification is to be made in such implementation plan.

(2) The implementation plan referred to in the preceding paragraph shall be established in line with the purport of the Basic Policy pertaining to such facilities.

(Special Provisions for Incorporated Administrative Agency Rikagaku

Kenkyusho Act) Article 7 When the business of RIKEN are performed pursuant to the provision

of Article 5, the term "this Act" in Article 24, item (i) of the Incorporated Administrative Agency Rikagaku Kenkyusho Act (Act No. 160 of 2002) shall be deemed to be replaced with "this Act or the Act on the Promotion of Public Utilization of the Specific Advanced Large Research Facilities".

Chapter IV Registered Institution for Facilities Use Promotion

(Registration, etc.)

Article 8 (1) The Minister of Education, Culture, Sports, Science and Technology may entrust a person registered by him/her (hereinafter referred to as the "Registered Institution for Facilities Use Promotion") to perform all of the

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business listed in the following (or, if the Registered Institution for Facilities Use Promotion performs any of the business listed in the following pursuant to the classification of use of the Specific Advanced Large Research Facilities specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology, such portion thereof) among the business that RIKEN undertakes to perform as an entity establishing the Specific Advanced Large Research Facilities pursuant to the provision of Article 5. (i) Select a person(s) conducting the Researches Utilizing Facilities and

perform the business incidental thereto (hereinafter referred to as the "User Selection Services").

(ii) Provide information, consultation and other support in relation to the implementation of the Researches Utilizing Facilities (hereinafter referred to as the "Usage Support Services").

(2) The registration set forth in the preceding paragraph (hereinafter referred to as the "Registration") shall be made upon an application filed by a person intending to perform the User Selection Services and the Usage Support Services (hereinafter collectively referred to as the "Usage Promotion Services") for each of the Specific Advanced Large Research Facilities listed in each item of Article 2, paragraph (2).

(Performance, etc. of Usage Promotion Services by Registered Institution for

Facilities Use Promotion) Article 9 (1) If the Minister of Education, Culture, Sports, Science and

Technology decides to entrust the Registered Institution for Facilities Use Promotion to perform the Usage Promotion Services, in whole or in part, pursuant to the provision of the preceding Article, paragraph (1), RIKEN shall not perform such services.

(2) If the Registered Institution for Facilities Use Promotion performs the Usage Promotion Services, RIKEN and such Registered Institution for Facilities Use Promotion shall cooperate with each other so that such Usage Promotion Services are performed smoothly.

(Disqualification)

Article 10 Any person that falls under any of the following items shall not be qualified for the Registration. (i) A person punished by a fine for violation of this Act or an order hereunder,

if a period of two years has not elapsed since the day the punishment was completed or the punishment was no more inflicted

(ii) A person whose Registration was rescinded pursuant to the provision of Article 27, if a period of two years has not elapsed since the day of such rescission

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(iii) A juridical person any of whose officers executing its business falls under either of the preceding two items

(Criterion, etc. for Registration)

Article 11 (1) The Minister of Education, Culture, Sports, Science and Technology shall register for the application of any person that has applied for the Registration pursuant to the provision of Article 8, paragraph (2), whenever such applicant for the Registration complies with all of the following requirements. In this case, the procedures necessary for the Registration shall be specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology. (i) A full-time manager is designated in the department performing the User

Selection Services, for securing and ensuring the credibility of the User Selection Services.

(ii) The Usage Support Services are undertaken by the person(s) listed in each item of the lower column of the following table according to the classification of the Specific Advanced Large Research Facilities listed in the upper column of the same table, and the number of such person(s) is not less than the number specified by the Ordinance of the Ministry of Education, Culture, Sports, Science and Technology. Classification of Person(s) undertaking the Usage Support Services Specified Advanced Large- scale Research Facilities Specified (i) Research implementation consultant (meaning a Synchrotron person with the experience of the Researches, etc. Radiation utilizing the Synchrotron Radiation for five years or Facilities more after graduating from a university under the

School Education Act (Act No. 26 of 1947) (excluding junior colleges; hereinafter the same shall apply in this table) with completion of a science or engineering course or other course comparable to such course, or a person with equivalent or superior knowledge and experience, who provides consulting services for the Researchers, etc. in relation to the implementation of the Researches Utilizing Facilities at the Specified Synchrotron Radiation Facilities)

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(ii) Safety manager (meaning a person with the experience of being engaged in the services concerning protection of safety pertaining to radiation for three years or more after obtaining the license for Type-I radiation protection supervisor under the Act on Prevention of Radiation Disease Due to Radioisotopes, etc. (Act No. 167 of 1957), or a person with equivalent or superior knowledge and experience, who provides the services for protecting the safety of the Researchers, etc. at the Specified Synchrotron Radiation Facilities)

Specified high- (i) Research implementation consultant (meaning a speed computer person with the practical experience concerning facilities operation of computers for three years or more after

graduating from a university under the School Education Act with completion of an information engineering or communication engineering course or other course comparable to such course, or a person with equivalent or superior knowledge and experience, who provides consulting services for the Researchers, etc. in relation to the implementation of the Researches Utilizing Facilities at the Specified High-speed Computer Facilities)

(ii) Network manager (meaning a person with the practical experience concerning operation of an information communication network system (meaning the system for distribution of information in electro- magnetic form and information processing by connecting multiple computers through electric communication lines; hereinafter the same shall apply in this table) for three years or more after graduating from a university under the School Education Act with completion of an information engineering or communication engineering course or other course comparable to such course, or a person with equivalent or superior knowledge and experience, who provides the services for operating the information communication network system at the Specified High-speed Computer Facilities)

(iii) Information processing safety manager (meaning a person with the practical experience concerning protection of safety and credibility of information processing for three years or more after graduating from a university under the School Education Act with completion of an information engineering or communication engineering course or other course comparable to such course, or a person with equivalent or superior knowledge and experience, who provides the services for protecting the safety and credibility of information processing at the Specified High-speed Computer Facilities)

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(iii) The applicant is not in the state of insolvency.

(2) The Registration shall be made by entering the following matters in the registration book of the Registered Institution for Facilities Use Promotion. (i) The Registration date and the Registration number (ii) Name and address of the Registered Institution for Facilities Use

Promotion and, in case of a juridical person, the name of the representative (iii) Type of the Specific Advanced Large Research Facilities for which the

Registered Institution for Facilities Use Promotion is to perform the Usage Promotion Services

(iv) Name and address of the office where the Registered Institution for Facilities Use Promotion is to perform the Usage Promotion Services

(3) If the Registered Institution for Facilities Use Promotion intends to change any matter listed in item (ii) or (iv) of the preceding paragraph, it shall notify the same to the Minister of Education, Culture, Sports, Science and Technology at least two weeks prior to the day of such intended change.

(Use by Registered Institution for Facilities Use Promotion)

Article 12 The Registered Institution for Facilities Use Promotion shall obtain approval of the Minister of Education, Culture, Sports, Science and Technology when it intends to use the portion of the Specific Advanced Large Research Facilities that is made available for public utilization by the Researchers, etc. for the purpose of research and study of measures for promoting the Researches Utilizing Facilities or for other purposes.

(Application, mutatis mutandis)

Article 13 The provision of Article 6 shall apply mutatis mutandis to the cases where the Registered Institution for Facilities Use Promotion performs the Usage Promotion Services. In this case, the term "RIKEN shall, as an entity establishing the Specific Advanced Large Research Facilities," in the same Article, paragraph (1) shall be deemed to be replaced with "the Registered Institution for Facilities Use Promotion shall" and the term "the business listed in the lower column of the table in the preceding Article according to the classification of the facilities listed in the upper column of the same table (excluding the business that are decided to be not undertaken by RIKEN pursuant to the provision of Article 9, paragraph (1)), respectively," with "such Usage Promotion Services".

(Renewal of Registration)

Article 14 (1) The Registration shall lose its effect due to the expiration of the period unless it is renewed every five years.

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(2) The provisions of Article 8, paragraph (2), Article 10 and Article 11, paragraphs (1) and (2) shall apply mutatis mutandis to the renewal of the Registration set forth in the preceding paragraph.

(Obligations Pertaining to Performance of Usage Promotion Services)

Article 15 (1) The Registered Institution for Facilities Use Promotion shall perform the Usage Promotion Services without delay whenever required to do so by the Minister of Education, Culture, Sports, Science and Technology, unless there is any justifiable grounds.

(2) The Registered Institution for Facilities Use Promotion shall perform the Usage Promotion Services in a manner that is fair and complying with the standards specified by the Ordinance of the Ministry of Education, Culture, Sports, Science and Technology, following the implementation plan prepared pursuant to the provision of Article 6, paragraph (1) as replaced and applied mutatis mutandis pursuant to Article 13 and approved by the Minister of Education, Culture, Sports, Science and Technology.

(Selection Committee)

Article 16 The Registered Institution for Facilities Use Promotion shall, when it makes selection pursuant to the provision of Article 8, paragraph (1), item (i), set up the selection committee consisting of persons with academic background and experience concerning the Researches Utilizing Facilities, and hear the opinions of such committee.

(Approval of Rules of Service)

Article 17 (1) The Registered Institution for Facilities Use Promotion shall, when it performs the Usage Promotion Services, prescribe the rules concerning such services (hereinafter referred to as the "Rules of Service") and obtain approval of the Minister of Education, Culture, Sports, Science and Technology prior to the commencement of such services. The same shall apply when a modification is to be made in such Rules of Service.

(2) The Minister of Education, Culture, Sports, Science and Technology may order modification of the Rules of Service approved pursuant to the preceding paragraph when he/she finds that such Rules of Service have become inappropriate for proper and steady performance of the Usage Promotion Services.

(3) The matters to be described in the Rules of Service shall be specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology.

(Suspension and Discontinuance of Usage Promotion Services)

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Article 18 The Registered Institution for Facilities Use Promotion may not suspend or discontinue the Usage Promotion Services, in whole or in part, without obtaining permission of the Minister of Education, Culture, Sports, Science and Technology.

(Maintenance and Inspection, etc. of Financial Statements, etc.)

Article 19 (1) Within three months after the end of every business year, the Registered Institution for Facilities Use Promotion shall prepare an inventory of property, balance sheet, profit and loss statement or income and expenditure account statement, and business report (including electromagnetic records (meaning the records made by an electronic form, a magnetic form or any other form not recognizable to human perception, which is used in information processing by computers; hereinafter the same shall apply in this Article) in cases where such electromagnetic records are prepared instead of those paper documents; hereinafter referred to as the "Financial Statements, etc.") for such business year, submit the same to the Minister of Education, Culture, Sports, Science and Technology, and maintain the same at its office for five years.

(2) A person who intends to conduct the Researches Utilizing Facilities or any other interested person may make any of the following requests to the Registered Institution for Facilities Use Promotion at any time during the business hours of such Registered Institution for Facilities Use Promotion; provided, however, that when making a request set forth in item (ii) or (iv), such person shall pay the fees and costs specified by the Registered Institution for Facilities Use Promotion. (i) When the Financial Statements, etc. are prepared as written documents, a

request for inspection or copy of such documents (ii) A request for a transcript or extract of the written documents set forth in

the preceding item (iii) When the Financial Statements, etc. are prepared as electromagnetic

records, a request for inspection or copy of the matters recorded on such electromagnetic records which are indicated or displayed by means specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology

(iv) A request for provision of the matters recorded on the electromagnetic records set forth in the preceding item by electromagnetic means (meaning the means utilizing an electronic data processing system or other means utilizing information communication technology which are specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology) or a request for delivery of the written documents containing such matters

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(Separate Accounting) Article 20 The Registered Institution for Facilities Use Promotion shall, when it

performs its Usage Promotion Services, organize and maintain the accounting procedures pertaining to the Usage Promotion Services separately from other accounting procedures.

(Grants)

Article 21 The State may grant to the Registered Institution for Facilities Use Promotion the subsidies in the amount corresponding to the whole or a part of the costs required for the Usage Promotion Services, within the scope of the budget.

(Appointment and Dismissal of Officers)

Article 22 If the Registered Institution for Facilities Use Promotion is a juridical person, it shall notify the Minister of Education, Culture, Sports, Science and Technology of any appointment or dismissal of its officer without delay.

(Nature of Officers and Staff Members as Public Officers)

Article 23 The Registered Institution for Facilities Use Promotion (or its officers in case of a juridical person) or the staff members thereof who are engaged in the User Selection Services shall be deemed as officers engaged in public duties pursuant to the Acts and regulations, in terms of the application of the Criminal Code (Act No. 45 of 1907) or other penal provisions.

(Reports and Inspections)

Article 24 (1) To the extent necessary for the enforcement of this Act, the Minister of Education, Culture, Sports, Science and Technology may require the Registered Institution for Facilities Use Promotion to report the Usage Promotion Services, or cause its officials to visit and enter the office of the Registered Institution for Facilities Use Promotion and inspect the situation of such Usage Promotion Services or the books, documents or other properties, or to ask questions to the person(s) concerned.

(2) The officials who conduct an on-site inspection pursuant to the preceding paragraph shall carry their respective identification certificates and present the same at the request of the person(s) concerned.

(3) The authority granted pursuant to paragraph (1) shall not be interpreted as being granted for the purpose of criminal investigation.

(Order for Compliance)

Article 25 The Minister of Education, Culture, Sports, Science and Technology may, when he/she finds that the Registered Institution for Facilities Use

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Promotion has come to fail to comply with any of the items in Article 11, paragraph (1), order such Registered Institution for Facilities Use Promotion to take necessary measures for compliance with such provision(s).

(Order for Improvement)

Article 26 The Minister of Education, Culture, Sports, Science and Technology may, when he/she finds that the Registered Institution for Facilities Use Promotion is in violation of the provision of Article 15, order such Registered Institution for Facilities Use Promotion to perform the Usage Promotion Services or to take necessary measures for improving the methods of the Usage Promotion Services.

(Rescission, etc. of Registration)

Article 27 The Minister of Education, Culture, Sports, Science and Technology may rescind its Registration or order suspension of the Usage Promotion Services, in whole or in part, for a specified period, if the Registered Institution for Facilities Use Promotion; (i) Comes to fall under Article 10, item (i) or (iii). (ii) Violates the provision of Article 11, paragraph (3), Article 12, Article 18,

Article 19, paragraph (1), Article 20 or Article 22. (iii) Has performed the Usage Promotion Services without complying with the

Rules of Service as approved pursuant to Article 17, paragraph (1). (iv) Violates the order issued pursuant to the provision of Article 17, paragraph

(2) or the provisions of the preceding two Articles. (v) Rejects a request made pursuant to the provision of each item of Article 19,

paragraph (2) without justifiable reason. (vi) Obtains the Registration by wrongful means.

(Public Notice)

Article 28 (1) The Minister of Education, Culture, Sports, Science and Technology shall give public notice in the official gazette in the following cases. (i) The Registration is made. (ii) The notification pursuant to the provision of Article 11, paragraph (3) is

made. (iii) The permission set forth in Article 18 is granted. (iv) The Registration is rescinded or the suspension of the Usage Promotion

Services is ordered pursuant to the provision of the preceding Article. (2) The Minister of Education, Culture, Sports, Science and Technology shall give

public notice of the following matters in advance whenever he/she entrusts the Registered Institution for Facilities Use Promotion to perform the Usage Promotion Services pursuant to the provision of Article 8, paragraph (1).

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(i) Matters listed in each item of Article 11, paragraph (2) (ii) Content of the Usage Promotion Services performed by the Registered

Institution for Facilities Use Promotion (iii) The day on which the Registered Institution for Facilities Use Promotion

commences the Usage Promotion Services

Chapter V Penal Provisions Article 29 Any person falling under either of the following items shall be

punished by a fine of not more than three hundred thousand yen. (i) A person who discontinues all of the Usage Promotion Services without

obtaining permission pursuant to Article 18 (ii) A person who fails to submit reports pursuant to Article 24, paragraph (1)

or makes false reports, or rejects, interferes with or avoids the inspection conducted pursuant to the provision of the same paragraph, or fails to make statements or makes false statements in response to the questions made pursuant to the provision of the same paragraph

Article 30 When the representative of a juridical person or the agent, employee

or other worker of a juridical person or an individual has committed any violation set forth in the preceding Article with regard to the business of such juridical person or individual, not only the offender but also such juridical person or individual shall be punished by the penalty prescribed in the same Article.

Article 31 Any person who has failed to maintain the Financial Statements, etc.,

has failed to enter the matters to be entered or has made false entries in the Financial Statements, etc. in violation of the provision of Article 19, paragraph (1), or has refused a request made under each item of paragraph (2) of the same Article without justifiable reason shall be punished by a non-penal fine of not more than two hundred thousand yen.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into force as from the date specified by a Cabinet Order within a period not exceeding six months from the day of promulgation.

(Transitional Measures concerning Penal Provisions)

Article 2 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain

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applicable.

Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]

(Effective Date) Article 1 This Act (excluding Article 2 and Article 3) shall come into force as

from January 6, 2001.

Supplementary Provisions [Act No. 160 of December 13, 2002] [Extract]

(Effective Date) Article 1 This Act shall come into force as from the day of promulgation;

provided, however, that the provisions listed in each of the following items shall come into force as from the day specified in each such item. (i) The provisions of Article 5 to Article 8 inclusive, Article 10, Article 11 and

Article 13 of the Supplementary Provisions: October 1, 2003

Supplementary Provisions [Act No. 155 of December 3, 2004] [Extract]

(Effective Date) Article 1 This Act shall come into force as from the day of promulgation;

provided, however, that the provisions of Article 10 to Article 12 inclusive, Article 14 to Article 17 inclusive, Article 18, paragraphs (1) and (3) and Article 19 to Article 32 inclusive of the Supplementary Provisions shall come into force as from October 1, 2005.

Supplementary Provisions [Act No. 37 of May 17, 2006] [Extract]

(Effective Date)

Article 1 This Act shall come into force as from July 1, 2006; provided, however, that the provision of the following Article and the provision of Article 6 of the Supplementary Provisions shall come into force as from the day of promulgation.

(Preparation prior to Enforcement)

Article 2 A person who intends to obtain the Registration pursuant to Article 8, paragraph (1) of the Act on the Promotion of Public Utilization of the Specific Advanced Large Research Facilities revised by the provision of Article 2 (hereinafter referred to as the "New Act") may apply for the Registration even prior to the enforcement of this Act.

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(Transitional Measures concerning Partial Revision of the Act for the Promotion of Public Utilization of the Specific Synchrotron Radiation Facilities)

Article 3 (1) A person who has actually received the designation, as of the enforcement of this Act, pursuant to the provision of Article 8, paragraph (1) of the Act for the Promotion of Public Utilization of the Specific Synchrotron Radiation Facilities prior to revision pursuant to the provision of Article 2 (hereinafter referred to as the "Old Act") shall be deemed to have received the Registration pursuant to Article 8, paragraph (1) of the New Act pertaining to the Specific Synchrotron Radiation Facilities until the day nine months have elapsed since the effective date of this Act.

(2) With respect to the business report, balance sheet, income and expenditure account statement and inventory of property of a person who has actually received the designation, as of the enforcement of this Act, pursuant to the provision of Article 8, paragraph (1) of the Old Act pertaining to the business year including the preceding day of the effective date of this Act, the provisions of Article 14, paragraph (2) and Article 24 (limited to the portion pertaining to item (iii)) of the Old Act shall remain in force.

Article 4 In addition to what is prescribed by the preceding Article, any

disposition, procedure or other act made or taken prior to the enforcement of this Act pursuant to the provisions of the Old Act (including orders issued thereunder) shall, if the New Act (including orders issued thereunder) contains the corresponding provisions, be deemed to have been made or taken under such corresponding provisions.

Article 5 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain applicable.

(Delegation to Cabinet Order)

Article 6 In addition to what is prescribed by Article 2 to the preceding Article inclusive of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act shall be specified by a Cabinet Order.

(Review)

Article 7 At the time five years have elapsed since the enforcement of this Act, the government shall review the provisions of the New Act, and take any necessary measures based on the results thereof when it finds it necessary by taking into account the status of the enforcement of the New Act.

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