OFFICIAL GAZETTE GOVERNMENTPRIKTING AGENCY { 'eNQUSH^ EDIJ^J B3*o-+-^+-fl =+B %zmmM9ii®s No. 1727 TUESDAY, DECEMBER 25, 1951 Price 45.00 yen " the written agreement ")." shall be amended as CABINET ORDERS " the written agreement instead of the deposit in- strument."; in paragraph 2 of the same Article, I hereby promulgate the Cabinet Order for "the preceding paragraph " shall be amended as Partial Amendments to the Cabinet Order concern- " paragraph 4 of the preceding Article or the preced- ing Exception to Deposit for the Purpose of the ing paragraph "; the same Article shall be made Performance of Obligation due to the Non-Resident Article 10 ; the following one Article shall be added Foreigner in Japan, Etc. next to Article 8: Signed: HIROHITO, Seal of the Emperor (Exception to Procedure of Claim for Redemption) Th,is twenty-fifth day of the twelfth month of Article 9. Any person entitled to the redemption the twenty-sixth year of Showa (December 25, 1951) of articles deposited in accordance with the provi- Prime Minister sions of this Cabinet Order shall, when he intends YOSHIDA Shigeru to receive the redemption of the deposited articles, delegate, except in cases where he is other than Cabinet Order No. 385 a non-resident foreigner in Japan at the time Cabinet Order for Partial Amendments to when he intends to receive the redemption, the the Cabinet Order concerning Exception to power concerning claiming for the redemption of Deposit for the Purpose of the Performance the deposited articles to a mission which is ap- of Obligation due to the Non-Resident pointed or approved by the. Supreme Commander Foreigner in Japan, Etc. for the Allied Powers and which is specified by In accordance with the Ordinance concerning the Attorney-General's OfficeOrdinance and Ministry Orders to be Issued in Consequence of the Accept- of Finance Ordinance. ance of the Potsdam Declaration (Imperial Ordi- 2 Any mission delegated the power under the nance No. 542 of 1945), the Cabinet establishes preceding paragraph may, in order to claim for this Cabinet Order. the redemption of deposited articles with the dele- The Cabinet Order concerning Exception to De- gated power on behalf of a person who delegated posit for the purpose of the Performance of Obliga- the power, require the competent Minister to tion^ due to the Non-Resident Foreigner in Japan, deliver the deposit instrument of the deposited Etc. (Cabinet Order No. 22 of 1950) shall be par- articles, presenting documents proving the dele- tially amended as follows: gation of power. In Article 4 paragraph 1, " three copies stated in 3 The competent Minister shall take a measure Japanese, and six in English of the specifications specified in each of the following items in cases related to the concerned obligation through the writ- where he has been required to deliver a deposit ten form provided for by Attorney-General's Office instrument by a mission in accordance with the Ordinance and Ministry of Finance Ordinance," shall provision of the preceding paragraph : be amended as " detailed statement related to obliga- (1) When the competent Minister is a depositor tions with respect to the said deposit, in accordance or he has been entrusted with the custody of with the provisions of Attorney-General's Office the deposit instrument in accordance with the Ordinance and Ministry of B^inance Ordinance.". provision of Article 5 paragraph 1, he shall Article 6 shall be amended as follows: deliver the deposit instrument to the mission ; Article 6. Deleted. (2) Except in the case under the preceding item, Article 10 shall be deleted; in paragraph 1 of the competent Minister shall, fixing a period Article 9, " except in the event of the deposit made of time, order the depositor to deliver the de- in accordance with the provision of paragraph 4 of posit instrument to the mission within the said the preceding Article," shall be added next to " the period. provision of Article 4 paragraph 2,", and "the 4 In cases where the CQmpetent Minister delivers written agreement stating on it his agreement for the deposit instrument in accordance with the redemption of the concerned article instead of the provisions of item (1) of the preceding paragraph due deposit instrument (hereinafter referred to as or in cases where a depositor has been ordered to deliver the deposit instrument in accordance Supplementary Provisions : with the provisions of item (2) of the same para- This Cabinet Order shall come into force as graph, if the deposit has been effected in accord- from the day of its promulgation. ance with the provision of Article 4 paragraph 2, the competent Minister or the depositor may The provisions of Article 6 and Article 14 item deliver the written agreement stating agreement (1) of Cabinet Order concerning Exception to Deposit for the Purpose of the Performance of to redemption (hereinafter referred to as "the written agreement ") instead of the deposit instru- Obligation due to the Non-Resident Foreigner in ment. Japan before amendments (hereinafter referred to as the "old Order") shall be still effective In ABticle 12, "Article 6 paragraph 2, and para- even after the enforcement of this Cabinet Or- graph 8 of the Supplementary Provisions" shall be der, with respect to the order issued by the com- amended as "paragraph 4 of the Supplementary petent Minister before the enforcement of this Provisions ". Cabinet Order in accordance with the provisions Article 18 shall be amended as follows: of Article 6 paragraph 1 of the old Order and The competent Minister under the provisions ' the deposit concerning the ortjer. of this Cabinet Order shall, in cases where the The provisions of Article 10 of the old Order debtor is the State or a local public entity if the (including the case where the same provisions obligation which is to be cleared through the apply mutatis mutandis in paragraph 2 of the deposit under the provisions of this Cabinet Or- Supplementary Provisions of the old Order) and der is what has arisen in consequence of the Article 14 item (2) of the old Order and para- disposal of administrative affairs of the State, be graph 3 of the Supplementary Provisions of the the Minister having jurisdiction over the ad- old Order shall be still effective even after the ministrative affairs, in cases where the debtor enforcement of this Cabinet Order, with respect is a company outside Japan as provided for in to the order issued by the competent Minister Article 2 paragraph 1 item (1) of the Cabinet before the enforcement of this Cabinet Order in Order concerning the Liquidation of Property in accordance with the provision of Article 10 para- Japan of Companies with Head Offices in Areas graph 1 of the old Order (including the case Formerly Occupied by Japan (Cabinet Order No. where the same provisions applies mutatis mu- 291 of 1949), be the Minister having jurisdiction tandis in paragraph 2 of the Supplementary over the administration of its business and the Provisions of the old Order) and the delivery of Minister of Finance, in cases where the debtor a deposit instrument or a written agreement to is other juridical person (excluding local public meet the order and the*claim for redemption entities) or other entity, be the Minister having presented by a person who has received the de- , jurisdiction over the administration of its business, livery. and in other cases, be the Minister of Finance. [ The provisions of Article 6 of theold Order, Ar- Article 14 shall be amended as follows: ticle id of the old Order (including the case where (Civil Fine) the same provisions apply mutatis mutandis in Article 14. Any person who failed, without any paragraph 2 of the Supplementary Provisions of the old Order), Article 14 of the old Order and ^ justifiable reason, to deliver a deposit instrument, in violation of the order of the competent Minis- paragraphs 3 and 4 of the Supplementary Pro- ter issued under the provision of Article 9 para- visions' of the old Order shall be still effective graph 3 item (2) (excluding a person who has even after the enforcement of this Cabinet Or- delivered a written agreement instead of the de- der, with respect to the affairs of which the posit instrument in accordance with the provision Supreme Contmander for the Allied Powers has of Article 9 paragraph 4, in a period of time to given directions before the enforcement of this deliver the deposit instrument fixed in the said Cabinet Order, except in cases stated in the pre- order) shall be punished with a civil fine not ceding two paragraphs. exceeding fifty thousand yen. > The provisions of Article 12 of the old Order In paragraphs 8 and 9 of the Supplementary shall be still effective, even after the enforcement Provisions, "paragraph 6" shall be amended as of this Cabinet Order, with respect to deposits "paragraph 2 of the Supplementary Provisions" ; effected to clear the obligations of which it is paragraphs 2 to 5 inclusive of the Supplementary construed in accordance with the provision of Provisions shall be deleted; paragraph 6 of the Article 6 paragraph 2 of the old Order which is Supplementary Provisions shall be made paragraph still effective in accordance with the provision of 2 of the Supplementary Provisions, and the num- paragraph 2 that the confirmation of the compe- bering of the succeedingpparagraphs shall be moved tent Minister under Article 3 paragraph 1 of the ^ up by four. old Order has been made, and with respect to 2 redemption of deposited articles relating to the 28-(4) shall be made Article 28-(5) ; and the follow- said deposits.