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IP Treaties Collection
Contracting Parties Japan

Dates Signature: November 23, 2001 Acceptance: July 3, 2012 Entry into force: November 1, 2012

Declarations, Reservations

Declarations made upon acceptance:
1. "In accordance with Article 40 and Article 2 (Illegal access) of the Convention, the Government of Japan requires that the offences established pursuant to Article 2 be commited by infringing security measures and in relation to a computer system that is connected to another computer system."
2. "In accordance with Article 40 and Article 3 (Illegal interception) of the Convention, the Government of Japan requires that the offences established pursuant to Article 3 be committed in relation to a computer system that is connected to another computer system, and that, in addition, be committed with dishonest intent as far as the offences set forth in Article 109-2 (Decoding the content of cipher communications) of the Radio Law (Law No. 131, 1950) are concerned."
3. "In accordance with Article 42 and Article 29 (Expedited preservation of stored computer data), paragraph 4 of the Convention, the Government of Japan reserves the right to refuse the request for preservation under Article 29 in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled."
4. "Pursuant to Article 24 (Extradition), paragraph 7.a of the Convention, the Government of Japan notifies that:
The Minister for Foreign Affairs, 2-2-1, Kasumigaseki, Chiyoda-ku, Tokyo 100-8919,
is the authority responsible for making or receiving requests for extradition or provisional arrests in the absence of a treaty.
5. "In accordance with Article 40 and Article 27 (Procedures pertaining to mutual assistance requests in the absence of applicable international agreements), paragraph 9.e of the Convention, for reasons of efficiency, requests made to the Government of Japan under the said paragraph are to be addressed to the central authorities of the Government of Japan."
6. "Pursuant to Article 27 (Procedures pertaining to mutual assistance requests in the absence of applicable international agreements), paragraph 2.a and c of the Convention, the Government of Japan designates,
a) as the authorities responsible for answering requests for mutual assistance:
The Minister of Justice, or the person designated by the Minister (Director of International Affairs Division), Criminal Affairs Bureau, Ministry of Justice, 1-1-1, Kasumigaseki, Chiyoda-ku, Tokyo 100-8977,
b) as the authorities responsible for sending requests for mutual assistance:
The Minister of Justice, or the person designated by the Minister (Director of International Affairs Division), and
The National Public Safety Commission, or the person designated by the Commission (Director of International Investigative Operations Division), Organized Crime Department, National Police Agency, 2-1-2, Kasumigaseki, Chiyoda-ku, Tokyo 100-8974"
7. "Pursuant to Article 35 (24/7 Network), paragraph 1 of the Convention, the Government of Japan designates as a point of contact available on a twenty-four hour, seven-day-a-week basis:
The International Investigative Operations Division, Organized Crime Department, National Police Agency, 2-1-2, Kasumigaseki, Chiyoda-ku, Tokyo 100-8974, Email: kokusou@npa.go.jp"

Reservations made upon acceptance:
1. "In accordance with Article 42 and Article 6 (Misuse of devices), paragraph 3 of the Convention, the Government of Japan reserves the right not to apply Article 6, paragraph 1, except for:
(a) the offences set forth in Article 168-2 (Creation of electromagnetic record of unauthorised commands) or Article 168-3 (Obtainment of electromagnetic record of unauthorised commands) of the Penal code (Law No. 45, 1907);
(b) the offences set forth in Article 4 (Prohibition of acts of unauthorised obtainment of another person’s identification code), Article 5 (Prohibition of acts of facilitating unauthorised computer access) or Article 6 (Prohibition of acts of unauthorised storage of another person's identification code) of the Act on the Prohibition of Unauthorised Computer Access (Law No. 128, 1999)."
2. "In accordance with Article 42 and Article 9 (Offences related to child pornography), paragraph 4 of the Convention, the Government of Japan reserves the right not to apply Article 9, paragraph 1.d and e and paragraph 2.b and c, except for the offences set forth in Article 7 (Provision of child pornography and other related activities) of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (Law No. 52, 1999)."
3. "In accordance with Article 42 and Article 11 (Attempt and aiding or abetting), paragraph 3 of the Convention, the Government of Japan reserves the right not to apply Article 11, paragraph 2 to the offences established pursuant to Article 4, Article 5, Article 7 and Article 9, paragraph 1.a and c, except for the offences set forth in Article 168-2 (Creation of electromagnetic record of unauthorised commands) or Article 234-2 (Obstruction of business by damaging a computer) of the Penal Code."
4. "In accordance with Article 42 and Article 22 (Jurisdiction), paragraph 2 of the Convention, the Government of Japan reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraph 1.d to the offences established pursuant to Article 6, paragraph 1.a.ii of the Convention as far as the offences set forth in Article 13 (Prohibition of acts of facilitating unauthorised computer access without knowing the purpose of unauthorised computer access of the obtainer) of the Act of Prohibition of Unauthorised Computer Access are concerned."