CHAPTER II CONTROLS OF TREATMENT OF INDIVIDUALS ETC.

CHAPTER II

CONTROLS OF TREATMENT OF INDIVIDUALS  ETC.

Section 1

Duties  Etc.  of Owners  of Individuals  Etc.

Article 7

Duties  of Owners  Etc.  of Individuals  Etc.

Owners or Possessors of individuals or their parts or products thereof (hereinafter referred to in a general term as "the individuals etc.") of the endangered species of wild fauna and flora shall be conscious of the importance of conserving the endangered species of wild fauna and flora, and shall endeavour to properly treat the individuals etc.

Article 8

Advice  or Guidance

The Director-General of the Environment Agency may, when it is deemed as necessary for the conservation of the endangered species of wild fauna and flora, give owners or possessors of the individuals etc. of the endangered species of wild fauna and flora necessary advice or guidance on treatment of the individuals etc.

Section 2

Prohibition  of the Taking  of Individuals  and Transfers  of Individuals  Etc.
 

Article 9

Prohibition  of the Taking  Etc.

The taking, collection, killing or injuring (hereinafter referred to as "the taking etc.") of living individuals of the national endangered species of wild fauna and flora and the temporarily designated endangered species (hereinafter referred to as "the national endangered species of wild fauna and flora, etc." in this Section and Article 54 Paragraph 2) shall not be committed. However, the same shall not apply in the cases mentioned in the following:

(1) The cases where the taking etc. are conducted in regard to permission under the permission granted under Paragraph 1 or Paragraph 2 of the following Article.

(2) The cases prescribed by a Prime Minister's Office Ordinance as necessaryto maintain living and not being feared as detrimental to the conservation of the species.

(3) The cases where there are unavoidable reasons, such as the protection of human life or body, as stipulated by a Prime Minister's Office Ordinance.

Article 10

Permission  of the Taking  Etc.

1. Those who are to conduct the taking etc., for the purposes of scientificresearch, breeding or other purposes provided for by a Prime Minister's Office Ordinance, of living individuals of the national endangered species of wild fauna and flora, etc. (excluding those prescribed in the following Paragraph)  shall obtain permission of the Director-General of the Environment Agency.

2. Those who are to conduct the taking etc. of living individuals of the designated national endangered species of wild fauna and flora for the purposes of breeding for transfers or deliveries relative to businesses provided for in Article 30 Paragraph 1 shall obtain permission of the Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries.

3. Those who are to seek the permission under Paragraph 1 shall, as prescribed by a Prime Minister's Office Ordinance, apply for the permission of the Director-General of the Environment Agency.

4. The Director-General of the Environment Agency shall not give the permission under Paragraph 1 where there are reasons that fall under any of the following Items in regard to the taking etc. pertaining to the applications under the preceding Paragraph.

(1) That the purposes of the taking etc. do not conform to the purposes prescribed in Paragraph 1.

(2) That it is feared to be detrimental to the conservation of the national endangered species of wild fauna and flora, etc. by the taking etc.

(3) That those who are to conduct the taking etc. are recognized as being unable to properly treat the individuals relating to the taking etc. for such a fact as the inability to maintain proper breeding and/or cultivating facilities.
 

5. The Director-General of the Environment Agency may, when it is deemed as necessary for the conservation of the national endangered species of wild fauna and flora, etc., attach conditions, within the limit of that necessity, to the permission to be granted under Paragraph 1.

6. The Director-General of the Environment Agency shall, when the permission is given under Paragraph 1, issue certificates of the permission as stipulated by a Prime Minister's Office Ordinance.

7. Of those who have been given the permission under Paragraph 1, corporations and others who a Prime Minister's Office Ordinance stipulates have unavoidable reasons to employ other persons for the taking etc. in regard to the permission may, as prescribed by a Prime Minister's Office Ordinance, obtain certificates certifying they are those engaged in the taking etc. relating to the permission under the supervision of the said corporations or others. The applications for such certificates shall be filed with the Director-General of the Environment Agency.

8. Those who have obtained the permission under Paragraph 1 may, where they or those engaged in the taking etc. respecting the permission under their supervision have lost the certificates of the permission provided for in Paragraph 6 or the certificates under the preceding Paragraph or where the certificates under Paragraph 6 or the pteceding Paragraph have perished, apply to the Director-General of the Environment Agency, as prescribed in a Prime Minister's Office Ordinance, for the reissue of the certificates under Paragraph 6 or the preceding Paragraph and obtain them.

9. Those who have obtained the permission under Paragraph 1 or those engaged in the taking etc. relating to the permission shall carry the certificates under Paragraph 6 or Paragraph 7 while they are engaged in the taking etc.

10. Those who have conducted the taking etc. with the permission under Paragraph 1 shall accommodate the individuals pertaining to the taking etc. in proper breeding and/or cultivating facilities and shall otherwise properly treat them by methods prescribed by a Prime Minister's Office Ordinance.

11. The provisions in Paragraph 3 - Paragraph 6 shall be applied mutatis mutandis to the permission under Paragraph 2; and, so shall the provisions in Paragraph 7 and Paragraph 8 be to those who have obtained the permission under Paragraph 2, the provision of Paragraph 9 be to those who have obtained the permission under Paragraph 2 or those engaged in the taking etc. relating to the permission under their supervision, and the provision of the preceding Paragraph be to those who have conducted the taking etc. with the permission under Paragraph 2. In such cases, the "Prime Minister's Office Ordinance" in Paragraph 3, Paragraphs 6-8 and the preceding Paragraph shall be replaced to read the "Prime Minister's Office Ordinance, Ministry of Agriculture, Forestry and Fisheries Ordinance"; and, so shall "the Director-General of the Environment Agency" in Paragraphs 3-8 be "the Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries", "the purposes prescribed in Paragraph 1" in Paragraph 4 Item 1 be "the purposes prescribed in Paragraph 2", and "necessary for the conservation of the national endangered species of wild fauna and flora, etc." in Paragraph 5 be "necessary for contributing towards the conservation of endangered species of wild fauna and flora by promoting the breeding on cultivation of individuals of the designated national endangered species of wild fauna and flora".

Article 11

Orders for Measures by Those Permitted to conduct the Taking Etc.

1. The Director-General of the Environment Agency may, where those granted the permission under Paragraph 1 of the preceding Article violate the provisions of Paragraph 10 of the same Article or where they fail to meet the conditions attached under the provision of Paragraphs 5 of the same Article, order them to adopt necessary measures, such as improvement of the breeding and/or cultivating facilities, in the cases where such measures are recognized as necessary for the conservation of the national endangered species of wild fauna and flora, etc.

2. The Director-General of the Environment Agency may, where those given the permission under Paragraph 1 of the preceding Article violate this Law or the provisions of the orders based on this Law or the disposition based on this Law and where such violations are recognized as detrimental to the conservation of the national endangered species of wild fauna and flora, etc., annul the permission.

3. The provisions of the preceding two Paragraphs shall be applied mutatis mutandis to those granted the permission under Paragraph 2 of the preceding Article. In such cases, "the Director-General of the Environment Agency" in the preceding two Paragraphs shall be replaced to read "the Direc-tor-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries"; and, so shall "necessary for the conservation of the national endangered species of wild fauna and flora, etc." be to read "necessary for contributing towards the conservation of the endangered species of wild fauna and flora by promoting the breeding or cultivation of individuals of the designated national endangered species of wild fauna and flora", and "detrimental to the conservation of the national endangered species of wild fauna and flora, etc." in the preceding Paragraph be to read "detrimental to efforts for the conservation of the endangered species of wild fauna and flora by promoting the breeding or cultivation of individuals of the designated national endangered species of wild fauna and flora".

Article 12

Prohibition  of Transfers  Etc.

1. The transfers, delivery or receiving (hereinafter referred to as the "transfers etc.") of individuals etc. of the endangered species of wild fauna and flora shall not be conducted. However, the same shall not apply in the cases mentioned in the following:

(1) The cases where the transfers etc. are conducted in regard to permission under the permission granted under Paragraph 1 of the following Article.

(2) The cases where the transfers etc. are conducted of individuals etc. of the designated national endangered species of wild fauna and flora.

(3) The cases where the transfers etc. are conducted of parts and products of the international endangered species of wild fauna and flora designated by a Cabinet Order as being used as materials of products produced in the country (hereinafter referred to as "the designated materials, etc.") as well as those satisfying the requisites prescribed by a Cabinet Order to forms, sizes and other matters of the designated materials, etc. and products thereof by their types (hereinafter referred to as "the designated parts, etc.").

(4) The cases where the transfers etc. are conducted of individuals of the national endangered species of wild fauna and flora, etc. the taking etc. of which have been conducted under the provision of Article 9 Item 2, parts of such individuals, or products thereof.

(5) The cases where the transfers etc. are conducted of individuals etc. of the international endangered species of wild fauna and flora registered under Article 20 Paragraph 1 or the designated materials, etc. relative to prior registration certificates under Article 20-3 Paragraph 1, the transfers etc. of which have been recorded in accordance with the same Paragraph.

(6) The cases where either of the parties of the transfers etc. of individuals etc. of the endangered species of wild fauna and flora are organizations of the National Government or local governments and they are prescribed by a Prime Minister's Office Ordinance.

(7) In addition to each of the preceding Items, the cases stipulated by a Prime Minister's Office Ordinance as the ones not feared to be detrimental to the conservation of the endangered species of wild fauna and flora.

2. The Director-General of the Environment Agency shall consult with the Minister of Agriculture, Forestry and Fisheries and the Minister of International Trade and Industry when the Prime Minister's Office Ordinance in Item 6 or Item 7 of the preceding Paragraph is contemplated to be enacted, amended or abolished.

Article 13

Permission  of Transfers  Etc.

1. Those who are to conduct the transfers etc. of individuals etc. of the endangered species of wild fauna and flora for the purposes of scientific research, breeding or cultivation, or other purposes prescribed by a Prime Minister's Office Ordinance (excluding those falling under any of the cases mentioned in Items 2-7 of Paragraph 1 of the preceding Article) shall obtain permission of the Director-General of the Environment Agency.

2. Those who are to seek the permission under the preceding Paragraph shall, as prescribed by a Prime Minister's Office Ordinance, apply for the permission of the Director-General of the Environment Agency.

3. The Director-General of the Environment Agency shall not grant the permission under Paragraph 1 where there are reasons as to the transfers etc. relating to the applications under the preceding Paragraph that fall under any of the following Items:

(1) That the purposes of the transfers etc. do not conform to the purposes provided for in Paragraph 1.

(2) That the transferrers or recipients are recognized as being unable to properly treat the individuals etc. relating to the receiving for the conservation of the species for such a fact as the inability to maintain proper breeding and/or cultivating facilities.

4. The provisions of Article 10 Paragraph 5 shall be applied mutatis mutandis to the permission under Paragraph 1; and so shall the provision of Paragraph 10 of the same Article be to those transferrers or recipients with the permission under Paragraph 1, and the provision of Paragraph 2 of the preceding Article be to the enactment, amendment or abolition of the Prime Minister's Office Ordinance in Paragraph 1. In such cases, "the individuals pertaining to the taking etc." shall be replaced to read "the individuals etc. relating to the receiving".

Article 14

Orders for Measures by Those Permitted to Conduct Transfers Etc.

The Director-General of the Environment Agency may, where those granted the permission under Paragraph 1 of the preceding Article violate the provision of Article 10 Paragraph 10 applied mutatis mutandis to Paragraph 4 of the same Article or they fail to meet the conditions attached under the provision of Article 10 Paragraph 5 applied mutatis mutandis to Paragraph 4 of the preceding Article, order them to take necessary measures, such as improvement of the breeding and/or cultivating facilities, in the cases where such orders are necessary for the conservation of the endangered species of wild fauna and flora.

Article 15

Prohibition  of Exports  and Imports

1. The individuals etc. of the national endangered species of wild fauna and flora, other than the designated national endangered species of wild fauna and flora, shall not be either exported or imported. However, the same shall not apply in the cases where such exports or imports satisfy the requisites prescribed by a Cabinet Order, such as the cases where they have the purposes of conducting scientific research under international co-operation arrangements and those for special necessity and they do not impede the conservation in the country of the national endangered species of wild fauna and flora.

2. Those who are to export or import the individuals etc. of the endangered species of wild fauna and flora, other than the designated national endangered species of wild fauna and flora, shall be assigned the duty of obtaining approval of exports or imports as stipulated by the provisions of Article 48 Paragraph 3 or Article 52 of the Foreign Exchange and Foreign Trade Control Law (Law No. 228 of 1949).

Article 16

Orders  Etc.  for Measures  against  Illegal  Importers

1. The Minister of International Trade and Industry may, where individuals etc. of the endangered species of wild fauna and flora other than the designated national endangered species of wild fauna and flora are imported without the approval under the provisions of a Cabinet Order based on the provisions of Article 52 of the Foreign Exchange and Foreign Trade Control Law, order the importers of the individuals etc. to return them by designating proper facilities in either the exporting countries or the countries of origin or other places for the protection of them in the cases where such orders are deemed as necessary.

2. The Director-General of the Environment Agency and the Minister of International Trade and Industry may, where transfers etc. are made from those who have imported individuals etc. of the endangered species of wild fauna and flora other than the designated national endangered species of wild fauna and flora without the approval under the provisions of a Cabinet Order based on the provisions of Article 52 of the Foreign Exchange and Foreign Trade Control Law to those who, violating the provisions of Article 12 Paragraph 1, received the individuals etc., knowing they have been imported without the said approval, order the transferrers to return them by designating proper facilities in either the exporting countries or the countries of origin or other places for the protection of them in the cases where such orders are deemed as necessary.

3.  In the cases where the Minister of International Trade and Industry has issued orders under the provisions of Paragraph 1 or where the Director-General of the Environment Agency and the Minister of International Trade and Industry have issued orders under the provisions of the preceding Paragraph but those who have been issued the orders fail to carry out the returns based on the orders, the Minister of International Trade and Industry or the Director-General of the Environment Agency and the Minister of International Trade and Industry  (referred to as the "Minister of International Trade and Industry, etc." in Article 52) may by themselves return the individuals etc. to the proper facilities prescribed in the preceding two Paragraphs or other places and may have the transferrers bear the whole or a part of the costs.

Article 17

Prohibition  of Display

The individuals etc. of the endangered species of wild fauna and flora shall not be displayed for the purposes of selling or distribution. However, the same shall not apply to the cases where the individuals etc. of the designated national endangered species of wild fauna and flora, the designated parts, etc., the individuals of the national endangered species of wild fauna and flora, their parts or the products thereof the taking etc. of which have been conducted under Article 9 Item 2; the individuals etc. of the international endangered species of wild fauna and flora registered under Article 20 Paragraph 1, or the designated materials etc. relating to the prior registration cards in which necessary matters are entered within the purview of Article 20-3 Paragraph 1, and other cases a Prime Minister's Office Ordinance prescribes as not being feared as detrimental to the conservation of the endangered species of wild fauna and flora.

Article 18

Orders  against  Those  Displaying  Individuals  Etc.

The Director-General of the Environment Agency may order those displaying the individuals etc. of the endangered species of wild fauna and flora in violation of the provisions of the preceding Article to take necessary actions, such as discontinuation of the displays, to assure the adherence to the provisions of the said Article.

Article 19

Collection  of Reports  and On-the-Spot  Inspections

The Minister or the Ministers of State mentioned in each of the following Items may, within the limit of the necessity of enforcing this Law, seek from those mentioned in each of the said Items reports on the conditions in which the individuals etc. of the endangered species of wild fauna and flora are treated and other necessary matters, or they may have their personnel enter the premises relating to the taking etc. of the individuals of the endangered species of wild fauna and flora or the transfers etc. of the individuals, or the facilities regarding imports or displays to have their personnel inspect the individuals etc. of the endangered species of wild fauna and flora, the breeding and/or cultivating facilities, and other articles, such as documents, or they may have them enquire the parties concerned:
 

(1) The Director-General of the Environment Agency: Those granted the permission under Article 10 Paragraph 1 or Article 13 Paragraph 1 or those displaying the individuals etc. of the endangered species of wild fauna and flora for the purposes of selling or distribution.

(2) The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries: Those granted the permission under Article 10 Paragraph 2.

(3) The Director-General of the Environment Agency and the Minister of International Trade and Industry: The transferrers of the imported individuals etc. of the endangered species of wild fauna and flora, other than the designated national endangered species of wild fauna and flora.

(4) The Minister of International Trade and Industry: Those who have imported the individuals etc. of the endangered species of wild fauna and flora other than the designated national endangered species of wild fauna and flora.
 

2. The personnel to conduct the on-the-spot inspections under the provision of the preceding Paragraph shall carry certificates indicating their Positions and present them to the parties concerned.

3. The authority referred to in Paragraph 1 shall not be interpreted as that granted for criminal investigations.

Section 3

Registration  Etc.  of Individuals  Etc.  of International  Endangered  Species  of Wild Fauna  and Flora

Article 20

Registrations  of Individuals  Etc.

1. Owners based on due title of the individuals etc. of the international endangered Species of wild fauna and flora (excluding the designated parts, etc.) which satisfy the requisites stipulated by a Cabinet Order, such as the individuals bred or cultivated for commercial purposes or the parts of the individuals or the products thereof (hereinafter referred to as "the requisites for registrations" in this Chapter), may seek registrations by the Director-General of the Environment Agency as for the individuals etc.

2. Those seeking the registrations under the preceding Paragraph (hereinafter referred to as "the registrations" in this Section and Article 59 Item 3, excluding Paragraphs 1-2 of the following Article) shall, as prescribed by a Prime Minister's  Office Ordinance,  apply for the registrations to the Director-General of the Environment Agency.

3.   The Director-General of the Environment Agency shall, where the registrations have been made, issue, as prescribed by a Prime Minister's Office Ordinance, registration cards.

4. The owners based on due title for whom the registrations have been made for the individuals etc. of the international endangered species of wild fauna and flora may, where they have lost the registration cards under the preceding Paragraph (hereinafter referred to as "the registration cards" in this Section) or the registration cards have perished, apply, as prescribed by a Prime Minister's Office Ordinance, for the reissue to the Direc-tor-General of the Environment Agency to obtain the reissued registration cards.

5. The provision of Article 12 Paragraph 2 shall be applied mutatis mutandis to the enactment, amendment or abolition of the Prime Minister's Office Ordinance in Paragraph 2.

Article 20-2

Prior  Registrations  of Designated  Materials,  Etc.

1. Those to transfer or deliver the designated materials, etc. (excluding the designated parts) which meet the registration requisites in a number exceeding that stipulated by a Cabinet Order per one (1) year may make the registrations prior to the transfer or the delivery with the Director-General  of  the Environment Agency regarding  such matters  as  the classification, number and planned sources of the designated materials, etc. to transfer or deliver, as prescribed by a Prime Minister's Office Ordinance. However, the same shall not apply to those coming under any of the following Items:

(1) Those having committed offenses stipulated by this Law for whom two (2)years have not elapsed since the day the punishment against the offenses was executed or the execution was terminated.

(2) Those for whom two (2) years have not elapsed since the day the return orders prescribed by Paragraph 6 of the preceding Article were received.
 

2. Those who are to make the registrations under the preceding Paragraph (hereinafter referred to as "the prior registrations" in this Section and Article 59 Items 3-4) shall, as prescribed by a Prime Minister's Office Ordinance, apply to the Director-General of the Environment Agency for the prior registrations.

3. The Director-General of the Environment Agency shall, where the prior registrations are made, issue, as prescribed by a Prime Minister's Office Ordinance, certificates of the prior registrations in a number corresponding to the number of the designated materials, etc. to those who have made the application.

4. The provision of Paragraph 5 of the preceding Article shall be applied mutatis mutandis to the enactment, amendment or abolition of the Prime Minister's Office Ordinance in Paragraph 2.

Article 20-3

Regulations  To Be Adhered  to by Those  Who Have Made Prior Registrations

1. Those who have made the prior registrations shall, where they are to transfer or deliver the designated materials, etc. corresponding to the designated materials, etc. to be transferred or delivered, enter necessary matters in the certificates of registrations under Paragraph 3 of the preceding Article (hereinafter referred to as "the prior registration certificates" in this Section and Article 59 Item 4) by each of the designated materials, etc. and attach them to the designated materials, etc., as prescribed by a Prime Minister's Office Ordinance. However, the entry shall not be made after the day one (1) year has elapsed since the day a prior registration was made.

2. Those who have made the prior registrations shall, as stipulated by a Prime Minister's Office Ordinance, report every three (3) months to the Director-General of the Environment Agency necessary matters pertaining to the designated materials, etc. for which the prior registrations were made that have been transferred or delivered during the three (3) months passed.

3. The registrants shall, at the time one (1) year has elapsed since the day the prior registrations were made, return the prior registration certificates in which the entry has not been made within the purview of Paragraph 1 to the Director-General of the Environment Agency as prescribed by a Prime Minister's Office Ordinance.

4.    The Director-General of the Environment Agency may, where the registrants have made the entry of the designated materials, etc., within the purview of Paragraph 1, other than the designated materials, etc. registered prior to the transfer or the delivery or have made the entry of matters including false matters within the purview of the Paragraph or have violated the provisions of Paragraphs 1-3 of the following Article or Article 22 Paragraph 1 relating to the designated materials, etc. or the registration certificates, prohibit such offenders from making the entry within the purview of Paragraph 1 by designating a term within a period not exceeding three (3) months, in the cases where such actions are deemed as necessary.

5.   The Director-General of the Environment Agency shall, where the registrants fall under Paragraph 1 Item 1 of the preceding Article, order such registrants to return the prior registration certificates relative to the particular registrations.

6.    The Director-General of the Environment Agency may, where the registrants have violated the orders issued under the provision of Paragraph 4, may order such offenders to return the prior registration certificates in regard to the particular prior registrations relating to the orders, in the cases where such orders are deemed necessary.

7. The Director-General of the Environment Agency may, within the limit of the necessity of enforcing the provisions of this Article, seek necessary reports from the registrants.

Article 21

Management  Etc.  of Registered  Individuals,  Etc.  and Registration  Cards  Etc.

1. Where the individuals etc. of the international endangered species of wild fauna and flora in regard to the registrations or prior registrations (hereinafter referred to as "the registrations etc." in this Chapter) are to be displayed for the purposes of selling or distribution, the registration cards or the prior registration certificates on which the entry is made within the purview of Paragraph 1 of the preceding Article (hereinafter referred to as the "registration cards, etc." in this Chapter) shall be kept ready at hand.

2. The transfers etc. of the individuals etc. of the international endangered species of wild fauna and flora relating to the registrations etc. shall be conducted with the registration cards, etc. relating to the particular individuals, etc.

3.    The transfers etc. of the registration cards, etc. shall not be conducted with the exceptions of the cases where they are transferred with the individuals etc. of the international endangered species of wild fauna and flora respecting the particular registration cards, etc.

4.    The transferrers or assignees of the individuals etc. of the international endangered species of wild fauna and flora relative to the registrations etc.  (excluding the transferrers of assignees of the designated materials etc. with the prior registration certificates which the entry has been made within the purview of Paragraph 1 of the preceding Article relative to the prior registrations from those who made the prior registrations shall, as stipulated by a Prime Minister's Office Ordinance, make a report on the transfers or assignments to the Director-General of the Environment Agency within thirty (30) days of the transfers (three (3) months as for the transferrers or assignees of the designated materials, etc. relative to the prior registrations).

Article 22

Returns  Etc.  of Registration  Cards,  Etc.

1. The registration cards, etc. (in the cases mentioned in Item 2, the registration cards recovered) shall be returned to the Director-General of the Environment Agency within thirty (30) days as for the registration cards and three (3) months as to the prior registration certificates beginning the day the events mentioned in the following take place:

(1) The individuals etc. of the international endangered species of wild fauna and flora relative to the registration cards, etc. cease to be owned  (excluding the cases where the individuals  etc.  of the international endangered species of wild fauna and flora relating to the registration cards, etc. with the particular registration cards,etc. are transferred or delivered.

(2) The lost registration cards which have been found after the reissue under Article 20 Paragraph 4.

2. The provision of Article 20 Paragraph 4 shall be applied mutatis mutandis
to the cases where the individuals etc. of the international endangered species of wild fauna and flora have been found after the registration cards had been returned to the Director-General of the Environment Agency in accordance with Item 1 of the preceding Paragraph as those registered individuals, etc. had been lost due to reasons such as theft which fall under the cases mentioned in the same Item.

Article 23

Designated  Registration  Organizations

1. The Director-General of the Environment Agency may assign the duties of the Director-General of the Environment Agency as prescribed in Article 20 - the preceding Article (excluding Article 20-3 Paragraphs 4-7; the same shall apply in Paragraph 5; hereinafter referred to as the "businesses related to registrations" in this Section and Article 63 Item 1), of which those related to the individuals etc., stipulated by a Prime Minister's Office Ordinance, to organizations established in accordance with the provisions of Article 34 of the Civil Code (Law No.89 of 1896) which the Director-General of the Environment Agency designates as those capable of properly and reliably performing the businesses related to the registrations on the basis of their applications.

2. The Director-General of the Environment Agency shall not make the designation under the provision of the preceding Paragraph (hereinafter referred to as the "designation" up to Article 26) where the applicants under the preceding Paragraph fall under any of the following Items:
 

(1) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed since the day punishment against the offences was executed or the execution was terminated.

(2) Those for whom two (2) years have not elapsed since the annulment of the designation under the provision of Article 26 Paragraph 3 or Paragraph 4.

(3) The officers of such organizations, of whom there are any falling under either (a) or (b) in the following:

(a) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed since the day punishment against the offences was executed or the execution was terminated.
 
(b) Those for whom two (2) years have not elapsed since the dismissal by order under the provision of Article 26 Paragraph 2.
 

3. The Director-General of the Environment Agency shall not, where such designation has been made, perform the businesses related to registrations as for the individuals etc. with regard to such designation.

4. The Director-General of the Environment Agency shall, where such designation has been made, announce the designation in the Official Gazette.

5. In applying the provisions of Article 20 - the preceding Article where the designated organizations (hereinafter referred to as "the designated registration organizations" in this Section and Article 63) perform the businesses related to registrations,  "the  Director-General  of  the Environment Agency"  in these provisions  shall  be  "the designated registration organizations".

Article 24

Regulations  Etc.  To Be Adhered  to by Designated  Registration Organizations

1. The designated registration organizations shall, as prescribed by a Prime Minister's Office Ordinance, stipulate regulations concerning the execution of the businesses related to registrations prior to the commencement of their businesses and obtain authorization of the Direc-tor-General of the Environment Agency. The same shall as well apply where the regulations are to be amended.

2. The designated registration organizations shall formulate business plans and budgets of revenues and expenditures for each accounting year and obtain authorization of the Director-General of the Environment Agency prior to the commencement of the accounting year (without delay after the designation in the accounting year covering the day the designation is made). The same shall apply where the plans and budgets are to be revised.

3. The designated registration organizations shall, within three (3) months after the end of each accounting year, make up business reports and statements of revenues and expenditures and shall submit them to the Director-General of the Environment Agency.

4.     The designated registration organizations shall not suspend or terminate the whole or a part of their businesses related to registrations without permission of the Director-General of the Environment Agency

5.     The Director-General of the Environment Agency shall, where the designated registration qrganizations suspend the whole or a part of their businesses related to registrations or where it has become difficult for the designated registration organizations to perform the whole or a part of their businesses due to reasons, such as an act of God, perform for oneself the whole or a part of the businesses related to registrations of such organizations, in the cases where such actions are deemed as necessary.

6. Necessary matters, such as those concerning transfers of the businesses related to registrations in the cases where the Director-General of the Environment Agency conducts for oneself the whole or a part of the businesses related to registrations under the provision of the preceding Paragraph, the designated registration organizations terminate the whole or a part of the businesses related to registrations with permission under Paragraph 4, or the Director-General of the Environment Agency annuls the designation under the provision of Article 26 Paragraph 3 or Paragraph 4, shall be stipulated by a Prime Minister's Office Ordinance.
 

Article 25

Security  Obligations

1.     Officers  or other personnel  of  the  designated registration organizations or those who have held such positions shall not divulge secrets they have become aware of in conjunction with the businesses related to registrations.

2.     Officers  or other personnel  of  the  designated registration organizations who are engaged in the businesses related to registrations shall be regarded as public servants engaged in government affairs in the application of penal regulations, such as the Criminal Code (Law No. 45 of 1907).

Article 26

Supervision of and Orders Etc. to Designated Registration Agencies

1. The Director-General of the Environment Agency may, within the limit of the necessity of implementing the provisions of this Section, issue to the designated  registration organizations  orders  required  for the supervision of their businesses related to registrations.

2.  The Director-General of the Environment Agency may, where the officers of the designated registration organizations have committed deeds in violation of the provisions of Article 24 Paragraphs 1-4 or Paragraph 1 of the preceding Article or where they have conducted the registration businesses without adhering to the provision of Article 24 Paragraph 1 or they have committed conducts in violation of orders issued under the preceding Paragraph, order the organizations to dismiss such officers.

3. The Director-General of the Environment Agency shall, where the designated registration organizations have come under Article 23 Paragraph 2 Item 1 or Item 3, nullify the designation.

4. The Director-General of the Environment Agency may, where the designated registration organizations have violated the provisions of Article 24 Paragraphs 1-4 or they have conducted the businesses related to registrations without adhering to the provision of Paragraph 1 of the same Article or they have violated orders issued under Paragraph 1 or Paragraph 2 or where hey have been recognized as being unable to properly and reliably perform the businesses related to registrations, nullify the designation.

5. The provision of Article 23 Paragraph 3 shall be applied mutatis mutandis to the nullification of the designation.

Article 27

Collection  of Reports  and On-the-Spot  Inspections

1. The Director-General of the Environment Agency may, within the limit of the necessity of implementing the provisions of this Section, seek from the designated registration organizations reports  respecting their businesses related to registrations or have personnel of the Agency to enter offices of the designated registration organizations to inspect books, records and other necessary articles of the designated registration organizations or have them make enquiries of the parties concerned.

2. The personnel of the Agency who make the on-the-spot inspections shall carry certificates indicating their positions and present them to the parties concerned.

3. The authority under the provision of Paragraph 1 shall not be interpreted as that granted for criminal investigations.

Article 28

Filing  of Complaints  of Disposal  Etc.  of Designated  Registration  Organizations

Those who have complaints of disposition or forbearance of the businesses related to registrations performed by the designated registration organizations may, in accordance with the Complaints against Administrative Acts Enquiries Law (Law No. 160 of 1962), appeal to the Director-General of the Environment Agency for enquiries.

Article 29

Fees

1. Those mentioned in the following shall pay fees in the amounts prescribed by a Cabinet Order on the basis of actual costs to the National Government (where the designated registration organizations perform the businesses related to registrations, the designated registration organizations):
 

(1) Those applying for the registrations etc.

(2) Those applying for the reissue of the registration cards.

2. The fees to be paid the designated registration organizations under the provision of the preceding Paragraph shall be revenues of the designated registration organizations.

Section 4

Controls  of Businesses  Dealing  with Designated  National  Endangered  Species  and Businessses  Dealing  with Designated  Specific  Parts  of International  Endangered Species
Subsection 1

Controls  of Businesses  Dealing with Designated  National  Endangered  Species

Article 30

Notification  of Businesses Dealing  with Designated  National  Endangered  Species

1. Those (excluding those Prescribed by the following Paragraph) to be engaged in the businesses accompanied by the transfers or deliveries of the individuals etc. of the designated national endangered species of wild fauna and flora (hereinafter referred to as "the businesses dealing with the designated national endangered species" in this Section and Article 61 Item 2) shall notify in advance the Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries of the matters mentioned in the following:

(1) The names and addresses, and the names of the representatives in the cases of corporations.

(2) The names and locations of the facilities where the businesses of the transfers or deliveries of the designated national endangered species of wild fauna and flora are to be conducted.

(3) The objects of the businesses of the transfers or deliveries of the designated national endangered species of wild fauna and flora.

(4) The matters other than those mentioned in the preceding Items that are prescribed by a Prime Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance.
 

2. Those to be engaged in businesses regarding processed products, out of the businesses dealing with the designated national endangered species, shall notify in advance the Director-General of the Environment Agency and the Minister of State stipulated by a Cabinet Order according to the types of products (hereinafter referred to as "the Ministers concerned with the designated national endangered species" in this Section) of the matters mentioned in the following:

(1) The matters mentioned in Paragraph 1-3 of the preceding Paragraph.

(2) The matters other than those mentioned in the preceding Item that are provided for by orders issued by the Prime Minister and the Ministers concerned with the designated national endangered species.
 
 
3. Those who have made the notification under the provision of Paragraph 1 shall, where they have made any changes in the matters notified or they have terminated the businesses dealing with the designated national endangered species, shall notify the Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries to that effect within thirty (30) days of the changes or the termination.

4. Necessary matters to be notified with regard to the notification under the provisions of Paragraph 1 and the preceding Paragraph, other than those stipulated in the same Paragraphs, shall be stipulated by a Prime Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance.

5. The provision of Paragraph 3 shall be applied mutatis mutandis to those who have made the notification under the provision of Paragraph 2, and so shall the provision of the preceding Paragraph be to the notifications made under Paragraph 2. In these cases, "the Minister of Agriculture, Forestry and Fisheries" in Paragraph 3 shall be replaced to read "the Ministers concerned with the designated national endangered species" and so shall "the Prime Minister's Office and the Ministry of Agriculture, Forestry and Fisheries Ordinance" be to read "the orders issued by the Prime Minister and the Ministers concerned with the designated national endangered species".

Article 31

Regulations  To Be Adhered  to by Those  Engaged  in Businesses  Dealing with Designated National Endangered Species

1. Those engaged in the businesses dealing with the designated national endangered species with the notifications prescribed by Paragraph 1 of the preceding Article shall, when they are to be delivered or to receive the individuals etc. of the designated national endangered species of wild fauna and flora, confirm the names and addresses of the assignors or transferrers, and the names of the representatives in the cases where they are corporations, and shall obtain information from the assignors or transferrers on the matters mentioned in the following:
 

(1) Whether the individuals etc. are the individuals bred or cultivated or the parts or products thereof (referred to as "the individuals etc. bred or cultivated" in the next Item) or whether they are the individuals taken or collected or the parts or the products thereof (referred to as "the individuals etc. taken or collected" in Item 3).

(2) When they are the individuals etc. bred or cultivated, the names and addresses of the persons who have bred or cultivated, and the names of the representatives in the cases where they are corporations.

(3) When they are the individuals etc. taken or collected, the places where they were taken or collected as well as the names and addresses of those who took or collected.
 
 
2. Those engaged in the businesses dealing with the designated national endangered species with the notification prescribed by Paragraph 1 of the preceding Article shall, as stipulated by a Prime Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance, enter the matters they have confirmed or obtained information on and other matters concerning the transfers etc. of the individuals etc. of the designated national endangered species of wild fauna and flora in records and shall preserve them.

3. The provision of the preceding two Paragraphs shall be applied mutatis mutandis to those engaged in the businesses dealing with the designated national endangered species with the notification under the provision of Paragraph 2 of the preceding Article. In these cases, "a Prime Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance" in the preceding Paragraph shall be replaced to read "orders issued by the Prime Minister and the Ministers concerned with the designated national endangered species".

Article 32

Instructions  Etc.  to Those  Engaged  in Businesses  Dealing with Designated National Endangered Species

1. The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries may, where those engaged in the businesses dealing with the designated national endangered species with the notification prescribed by the provision of Article 30 Paragraph 1 have violated the provision of Paragraph 1 or Paragraph 2 of the preceding Article, may issue instructions for the said parties to take necessary actions so that their adherence to these provisions may be assured, where such instructions are deemed as necessary in order to place the businesses dealing with the designated national endangered species in proper conditions and to contribute towards the conservation of the endangered species of wild fauna and flora.

2. The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries may order those engaged in the businesses dealing with the designated national  endangered species with the notification under the provision of Article 30 Paragraph 1 to suspend the whole or a part of the transfer or delivery businesses of the individuals etc. of the designated national endangered species of wild fauna and flora in regard to the particular businesses dealing with the designated national endangered species for a period not exceeding three (3) months, in the cases where they have violated the instructions issued under the preceding Paragraph and such violations are deemed as detrimental to proper operation of the businesses dealing with the designated national endangered species for the conservation of the endangered species of wild fauna and flora.

3. The provisions of the preceding two Paragraphs shall be applied mutatis mutandis to those engaged in the businesses dealing with the designated national endangered species with the notification under the provision of Article 30 Paragraph 2. In these cases, "the Minister of Agriculture, Forestry and Fisheries" in the preceding two Paragraphs shall be replaced to read "the Ministers concerned with the designated national endangered species", and so shall "the Paragraph 1 or Paragraph 2 of the preceding Article" be to read "Paragraph 1 or Paragraph 2 of the same Article applied mutatis mutandis to Paragraph 3 of the preceding Article".

Article 33

Collection  of Reports  and On-the-Spot  Inspections

1. The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries may, within the limit of the necessity of implementing the provisions in this Section, seek reports from those engaged in the businesses dealing with the designated national endangered species with the notification under the provision of Article 30 Paragraph 1 on the particular businesses dealing with the designated national endangered species or may have their personnel enter the facilities where the businesses dealing with the designated national endangered species are being conducted to have them inspect documents and other articles or to make enquiries into the parties concerned.

2. The provision of the preceding Paragraph shall be applied mutatis mutandis to those engaged in the businesses dealing with the designated national endangered species with the notification under the provision of Article 30 Paragraph 2. In these cases, "the Minister of Agriculture, Forestry and Fisheries" in the preceding Paragraph shall be replaced to read "the Ministers concerned with the designated national endangered species".

3. The personnel who make the on-the-spot inspections under the provision of Paragraph 1 (including the cases where it is applied mutatis mutandis to the preceding Paragraph; the same shall apply in the following Paragraph) shall carry the certificates indicating their positions and present them
to the parties concerned.

4. The authority under the provision of Paragraph 1 shall not be interpreted as that granted for criminal investigations.
Subsection 2

Controls  of Businesses  Dealing  with Designated  Parts  of International  Endangered  Species

Article 33-2

Notification  of Businesses  Dealing  with  Designated  Parts  of International  endangered  species

Those to be engaged in businesses of transfers or deliveries of the designated parts, etc. prescribed by a Cabinet Order by taking into consideration the patterns of transactions,.etc. which satisfy the requisites stipulated by a Cabinet Order as to matters such as forms and sizes by types of the designated parts, etc. (hereinafter referred to as "the businesses dealing with the designated parts of the international endangered species" in this Chapter and Article 61 Item 2) shall notify in advance the Director-General of the Environment Agency and the Ministers provided for by a Cabinet Order according to the types of the designated parts, etc. (hereinafter referred to as "the Minister concerned with the designated parts of the international endangered species" in this Chapter) of the matters mentioned in the following:
 

(1) The names and addresses, and the names of the representatives in the cases of corporations.

(2) The names and locations of the facilities where the transfers or deliveries of the designated parts, etc. are to be conducted.

(3) The types of the designated parts, etc. which are to be the objects of the transfer or delivery businesses.

(4) The matters specified by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species, in addition to the matters mentioned in the preceding three Items.

Article 33-3

Regulations  To Be Adhered  to by Those  Engaged  in Businesses  Dealing with Designated  Parts  of International Endangered  Species

1. Those engaged in the businesses dealing with the designated parts of the international endangered species with the notification under the provision of the preceding Article shall, when they receive the designated parts etc. with regard to the businesses dealing the designated parts of the international endangered species, confirm the names and addresses of the assignors or transferrers of the designated parts, etc. and the names of the representatives in the cases where they are corporations, and they shall, when the management cards stipulated by Article 33-6 Paragraph 1 are not attached to the designated parts, etc., obtain information from the assignors or transferrers on the sources of the designated parts, etc.

2. Those engaged in the businesses dealing with the designated species with the notification under the provision of the preceding Paragraph shall, as stipulated in orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species, enter the matters they have confirmed or obtained information on under the provision of the preceding Paragraph and other matters in regard to the transfers etc. of the designated parts etc. in documents, and shall preserve them.

Article 33-4

Instructions  Etc.  Issued  to Those  Engaged  in Businesses  Dealing with Designated  Parts  of International Endangered  Species

1. The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may, where those engaged in the businesses dealing with the designated parts of the international endangered species with the notification under the provisions of Article 33-2 have violated the provision of the preceding Paragraph, may issue instructions for the said parties to take necessary actions so that their adherence to these provisions may be assured, when such instructions are deemed as necessary in order to place the businesses dealing with the designated parts in proper conditions and to contribute towards the conservation of the endangered species of wild fauna and flora.

2.     The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may order those engaged in the businesses dealing with the designated parts of the international endangered species with the notification under the provisions of Article 33-2 to suspend the whole or a part of their transfer or delivery businesses of the designated parts of the international endangered species for a period not exceeding three (3) months in the cases where they have violated the instructions issued under the provision of the preceding Paragraph and such violations are deemed as detrimental to proper operation of the businesses dealing with the designated parts of the international endangered species for the conservation of the endangered species of wild fauna and flora.

Article 33-5

Applications  Mutatis  Mutandis

The provision of Article 30 Paragraph 3 shall be applied mutatis mutandis to those having made the notification under the provisions of Article 33-2; and, so shall the provision of Article 30 Paragraph 4 be to the notification under the provisions of Article 33-2, and so shall the provisions of Article 33 Paragraph 1 and Paragraphs 3-4 be to the businesses dealing with the designated parts of the international endangered species. In these cases, "the businesses dealing with the designated national endangered species" in Article 30 Paragraph 3 shall be replaced to read "the businesses dealing with the designated parts of the international endangered species"; and so shall "the Minister of Agriculture, Forestry and Fisheries" be to read "the Minister concerned with the designated parts of the international endangered species", "a Prime Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance" in Paragraph 4 of thesame Article be "orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species", and "the Minister of Agriculture, Forestry and Fisheries" in Article 33 Paragraph 1 be "the Minister concerned with the designated parts of the international endangered species".

Section 5

Certification  Etc.  of Products  Produced  of Legally-obtained  Materials

Article 33-6
Preparation  and Handling  of Management  Cards

Those engaged in the businesses dealing with the designated parts of the international endangered species with the notification under the provisions of Article 33-2 may, as prescribed by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species, make management cards pertaining to their businesses dealing with the designated parts of the international endangered species in which necessary matters as for the processes of receiving the designated parts, etc. (limited to those to be used as materials of the products mentioned in Paragraph 1 of the following Article) are entered, in the cases where they fall under any of the following Items in regard to their businesses dealing with the designated parts of the international endangered species:

(1) The cases where the transfers or the deliveries are to be made of the designated parts, etc. which were obtained by dividing the designated materials, etc. originally assigned or received with the registration cards concerning the individuals etc. received.

(2) The cases where the transfers or the deliveries are to be made of the designated parts, etc. which were obtained by dividing the designated parts originally assigned or received with the management cards pertaining to the designated parts, etc.

(3) Other than the cases mentioned in the preceding two Items, the cases recognized by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species as those satisfying the requisites to registrations in regard to the designated parts, etc. to be transferred or delivered.

2. The transfers or the deliveries of the designated parts, etc. for which the management cards have been made under the preceding Paragraph shall be conducted with the management cards.

3. The transfers or the deliveries of the management cards under Paragraph 1 shall be conducted with the designated parts, etc. concerning the management cards.

4.   The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may, where those engaged in the businesses dealing with the designated parts of the international endangered species have made the management cards in cases other than those mentioned in each Item of Paragraph 1 or have made the management cards under the same Paragraph in which false matters are entered, prohibit such offenders from making the management cards for a period not exceeding three (3) months, in the cases where such prohibition is deemed as necessary.

Article 33-7

Certification of Products Relating to Legally-obtained Materials

1.   The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may, based on applications of producers of products made of the designated materials etc. prescribed by a Cabinet Order (excluding those for which the registrations etc. may be sought), certify that their products are made of the designated materials, etc. satisfying the requisites to the registrations.

2. The certification under the preceding Paragraph shall be permitted only in the cases mentioned in the following:
 

(1) The cases where the applicants have been assigned or have received the designated parts, etc. as materials of the products with the management cards under Paragraph 1 of the preceding Article concerning the designated parts.

(2) The cases where the applicants have been assigned or have received the designated material, etc. as materials of the products with the registration cards pertaining to the designated materials, etc.

(3) In addition to those mentioned in the preceding two Items, the cases specified by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species as those satisfying the requisites to the registrations in regard to the designated materials, etc.

3. The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species shall, when the certification is made under Paragraph 1, issue to the applicants, as prescribed by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species, the marks indicating to that effect for each product item concerned that the products have been certified.

4. The marks under the preceding Paragraph shall not be attached to anything other than the products certified with regard to the marks.

5. In addition to the provisions of each of the preceding Items, matters necessary for the certification under Paragraph 1 and the marks under Paragraph 3 shall be stipulated by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species.

Article 33-8

Designated  Certifying  Organizations

1. The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may, as prescribed by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species, assign the duties of the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species as stipulated in the preceding Paragraph (hereinafter referred to as "the businesses related to certification" in this Section and Article 63 Item 1) to organizations established in accordance with the provisions of Article 34 of the Civil Code which the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species designate as those capable of properly and reliably performing the businesses related to certification on the basis of their applications.

2. The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species shall not make the designation under the provisions of the preceding Paragraph (hereinafter referred to as "the designation" in this Section) when those having applied under the preceding Paragraph fall under any of the following Items:

(1) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed since the day punishment against the offences was executed or the execution was terminated.

(2) Those for whom two (2) years have not elapsed since the nullification of the designation under Article 33-11 Paragraph 3 or Paragraph 4.

(3) The officers of such organizations, of whom there are any falling under either (a) or (b) in the following:

(a) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed since the day punishment against the offences was executed or the execution was terminated.

(b) Those for whom two (2) years have not elapsed since the dismissal by order under the provisions of Article 33-11 Paragraph 2.
 

3. In applying the provisions of the preceding Article in the cases where the organizations for which the designation has been made (hereinafter referred to as "the designated certifying organizations" in this Section and Article 63), "the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species" in the  same Article  shall be  "the designated certifying organizations".

Article 33-9

Regulations  To Be Adhered  to by Designated  Certifying  Organizations

1. The designated certifying organizations shall, as prescribed by orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species, stipulate regulations concerning the execution of the businesses related to certification and obtain prior to the commencement of the businesses related to certification authorization of the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species. The same shall apply where the regulations are to be revised.

2. The designated certifying organizations shall formulate business plans and budgets of revenues and expenditures for each accounting year and obtain authorization of the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species prior to the commencement of each accounting year (without delay, in the year covering the day the designation is made). The same shall apply when the plans and/or budgets are to be revised.

3. The designated certifying organizations shall, within three (3) months after the end of each accounting year, make up business reports and statements of revenues and expenditures and shall submit them to the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species.

4. The designated certifying organizations shall not suspend or terminate the whole or a part of their businesses related to certification without approval of the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species.

Article 33-10

Security  Obligations

1. Officers and other personnel of the designated certifying organizations or those who have held such positions shall not divulge secrets they have become aware  of  in conjunction with their businesses  related  to certification.

2. Officers and other personnel of the designated certifying organizations who are engaged in the businesses related to certification shall be regarded as public servants engaged in government affairs in the application of penal regulations, such as the Criminal Code.

Article 33-11

Supervision  of and Orders  Etc.  to Designated  Certifying  Organizations

1. The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may, within the limit of the necessity of implementing the provisions of this Section, issue to the designated certifying organizations orders required for the supervision of their businesses related to certification.

2. The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may, where the officers of the designated certifying organizations have committed deeds in violation of the provisions of Article 33-9 or Paragraph 1 of the preceding Article or where they have conducted the businesses related to certification without adhering to the provision of Article 33-9 Paragraph 1 or they have committed conducts in violation of orders issued under the preceding Item, order the designated certifying organizations to dismiss the officers.

3.     The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species shall, where the designated certifying organizations have come under Article 33-8 Paragraph 2 Item 1 or Item 3, nullify the designation.

4. The Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species may, where the designated certifying organizations have violated the provisions of Article 33-9 or conduct the businesses related to certification without adhering to the provision of Paragraph 1 of the same Article or they have violated orders issued under Paragraph 1 or Paragraph 2 or where they have been recognized as being unable to properly and reliably perform the businesses related to certification, may nullify the designation.

Article 33-12

Filing  of Complaints  of Disposition  Etc.  of Designated  Certifying Organizations

Those who have complaints of disposition or forbearance of the businesses related  to  certification  performed  by  the  designated  certifying organizations may, in accordance with the Complaints against Administrative cts Enquiries Law, appeal for enquiries to the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species.

Article 33-13

Fees

1.  Those seeking authorization under Article 33-7 Paragraph 1 shall pay fees in amounts prescribed by a Cabinet Order on the basis of actual costs to the National Government (where the designated certifying organizations perform the businesses related to certification, the designated certifying organizations).

2.  The fees to be paid the designated certifying organizations under the provision of the preceding Paragraph shall be revenues of the designated certifying organizations.

Article 33-14

Applications  Mutatis  Mutandis
 

The provisions of Article 23 Paragraphs 3-4 shall be applied mutatis mutandis to the designation; and so shall the provisions of Article 24 Paragraphs 5-6 and Article 27 be to the businesses related to certification, and the provisions of Article 26 Paragraph 5 be to the nullification of the designation under the provision of Article 33-11 Paragraph 3 or Paragraph 4. In these cases, "the Director-General of the Environment Agency" in these provisions shall be replaced to read "the Director-General of the Environment Agency and the Minister concerned with the designated parts of the international endangered species" and "a Prime Minister's Office Ordinance" in Article 24 Paragraph 6 be "orders issued by the Prime Minister and the Minister concerned with the designated parts of the international endangered species".