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This English translation of the ACT ON ELECTRONIC SIGNATURES AND CERTIFICATION
BUSINESS (Effective April 1, 2001) has been prepared in compliance with the Standard Bilingual
Dictionary (March 2006 edition).
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dispute, users should consult the original Japanese texts published in the Official Gazette.

ACT ON ELECTRONIC SIGNATURES AND CERTIFICATION BUSINESS ( Act
No. 102 of May 31 of 2000)
Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of this Act is to promote the distribution of information byelectromagnetic forms and information processing through ensuring the smoothutilization of Electronic Signatures, and thereby to contribute to the improvement of
the citizens' quality of life and the sound development of the national economy, by
providing the presumption of authentic establishment of electromagnetic records, theaccreditation system for designated certification businesses and other necessary
matters, with respect to Electronic Signatures.
Article 2 (Definitions)(1) The term "Electronic Signature" as used in this Act means a measure takenwith respect to information that can be recorded in an electromagnetic record ( arecord that is prepared by an electronic form, a magnetic form or any other form
not perceivable by human senses and that is used for information processing bycomputers; hereinafter the same shall apply in this Act) , and which falls underboth of the following requirements:(i) A measure to indicate that such information was created by the person who
has taken such measure; and(ii) A measure to confirm whether such information has been altered.
(2) The term "Certification Business" as used in this Act means a service that, in
response to either the request of any person who uses the business ( hereinafter- 1 -referred to as the "User") with respect to the Electronic Signature that he/shehimself/herself performs or the request of another person, certifies that an item
used to confirm that such User performed the Electronic Signature pertains tosuch User.
(3) The term "Specified Certification Business" as used in this Act means a
Certification Business that, among Electronic Signatures, is performed withrespect to an Electronic Signature that conforms to the criteria prescribed byordinance of the competent minister as an Electronic Signature that can be
performed by that person in response to the method thereof.
Chapter 2 Presumption of Authentic Establishment of Electromagnetic Record
Article 3
Any electromagnetic record that is made in order to express information ( except
for that prepared by a public official in the course of duties) shall be presumed to beestablished authentically if the Electronic Signature ( limited to that which can be
performed by the principal through appropriate management of codes and properties
necessary to perform this) is performed by the principal with respect to information
recorded in such electromagnetic record.
Chapter 3 Accreditation, etc. of Specified Certification Business
Section 1 Accreditation of Specified Certification Business
Article 4 (Accreditation)(1) Any person who intends to perform the Specified Certification Business may
obtain accreditation from the competent minister.
(2) Any person who seeks the accreditation set forth in the preceding paragraphshall submit to the competent minister an application stipulating the matterslisted below and other documents as provided by ordinance of the competent
minister, pursuant to the provisions of ordinance of the competent minister:(i) The name or corporate names, and the address, and if a juridical person, thename of its representative;(ii) The overview of facilities provided for use of the business pertaining to theapplication; and(iii) The method of implementing the business pertaining to the application.
(3) The competent minister shall, when he/she grants the accreditation set forth inparagraph 1, make public the fact.
Article 5 (Disqualification Provisions)- 2 -Any person who falls under any of the following items may not obtain theaccreditation set forth in paragraph 1 of the preceding Article:(i) A person who has been punished by a penalty of imprisonment or severer(including an equivalent penalty pursuant to foreign law) , or who has beenpunished by a penalty pursuant to this Act, and for whom less than two ( 2)years have passed since the day when either the execution of penalty finished or
the penalty came to be no longer executed;(ii) A person whose accreditation has been withdraw pursuant to the provision ofparagraph 1 of Article 14 or paragraph 1 of Article 16, and for whom less than
two years have passed since the day of withdrawal; or(iii) A juridical person whose executive director or officer falls under either of thepreceding two items.
Article 6 (Criteria for Accreditation)(1) The competent minister shall, only when he/she finds that an application for theaccreditation conforms to all of the following items, grant the accreditation set
forth in paragraph 1 of Article 4:(i) The facilities provided for use of the business pertaining to the application
conform to the criteria, as provided by ordinance of the competent minister;(ii) The confirmation of identity of the User in the business pertaining to theapplication is implemented by a method, as provided by ordinance of thecompetent minister; and(iii) In addition to what is listed in the preceding item, business pertaining to theapplication is performed by a method that conforms to the criteria, as provided
by ordinance of the competent minister.
(2) In performing an examination for the accreditation set forth in paragraph 1 of
Article 4, the competent minister shall perform an on-site investigation of thebusiness system pertaining to the application, pursuant to the provisions ofordinance of the competent minister.
Article 7 (Renewal of Accreditation)(1) Unless the accreditation set forth in paragraph 1 of Article 4 is renewed for eachperiod of less than one (1) year provided by Cabinet Order, the accreditation shallbecome null and void upon the passing of the period.
(2) The provisions of paragraph 2 of Article 4 and the preceding two Articles shallapply mutatis mutandis to the renewal of accreditation set forth in the preceding
paragraph.
Article 8 (Succession)
If any person who has obtained the accreditation set forth in paragraph 1 of

- 3 -Article 4 (hereinafter referred to as the "Accredited Certification Business
Operator") transfers the whole of the business pertaining to the accreditation, or a
succession, merger or division ( limited to what under which the whole of thebusiness pertaining to the accreditation is succeeded) occurs with respect to theAccredited Certification Business Operator, any person who has accepted the wholeof the business, or a successor ( or a person in cases where there are two or more
successors, if a successor to succeed to the business is selected with the consent of allof the successors; hereinafter the same shall apply in this Article) , the juridical
person surviving after the merger or established by the merger shall succeed to theposition of the Accredited Certification Business Operator; provided, however, that
this shall not apply to cases where the person who has accepted the whole of thebusiness, the successor, or the juridical person that survives after the merger, isestablished by the merger, or succeeds to the whole of the business by division falls
under any of the items of Article 5.
Article 9 (Accreditation, etc. of Modification)(1) If the Accredited Certification Business Operator intends to modify matters set
forth in item 2 or item 3 of paragraph 2 of Article 4, it shall obtain theaccreditation from the competent minister; provided, however, that this shall not
apply to minor modifications as provided by ordinance of the competent minister.
(2) Any person who seeks the accreditation of modification set forth in thepreceding paragraph shall, submit to the competent minister an application
stipulating matters pertaining to the modification and other documents asprovided by ordinance of the competent minister, pursuant to the provision ofordinance of the competent minister.
(3) The provisions of paragraph 3 of Article 4 and Article 6 shall apply mutatis

mutandis to the accreditation of modification set forth in paragraph 1.
(4) If any modification has occurred to matters set forth in item 1 of paragraph 2 ofArticle 4, the Accredited Certification Business Operator shall, without delay,
notify the competent minister of the fact.
Article 10 (Notification of Abolition)(1) If the Accredited Certification Business Operator intends to abolish the businesspertaining to the accreditation, it shall, in advance, notify the competent ministerof the intention, pursuant to the provisions of ordinance of the competent minister.
(2) The competent minister shall, when he/she receives the notification set forth in
the provision of the preceding paragraph, make public the fact.
Article 11 (Books and Documents Relating to Service)
The Accredited Certification Business Operator shall prepare and preserve books- 4 -and documents relating to the business pertaining to the accreditation, pursuant to
the provisions of ordinance of the competent minister.
Article 12 (Proper Use of Information Relating to the Confirmation of the Identity of
the User)
The Accredited Certification Business Operator shall not use information to which
it becomes privy in confirming the identity of Users of the business pertaining to theaccreditation, for purposes other than the purpose of provision for use of the businesspertaining to the accreditation.
Article 13 (Mark)(1) The Accredited Certification Business Operator may place on an electronic
certificate, etc. (which means an electromagnetic record prepared for certifyingthat matters used to confirm that the User has performed the Electronic Signature
are pertaining to such User, and others provided by ordinance of the competent
minister; the same shall apply in the following paragraph) , a mark to the effectthat such business has obtained the accreditation, pursuant to the provisions ofordinance of the competent minister.
(2) Except for cases prescribed in the preceding paragraph, no person shall place
the mark set forth in the preceding paragraph or any mark that can be confusedwith this mark, on any electronic certificate, etc.
Article 14 (Withdrawal of Accreditation)(1) If the Accredited Certification Business Operator falls under any of the following
items, the competent minister may withdraw the accreditation:(i) If it falls under either item 1 or item 3 of Article 5;(ii) If it fails to conform with any of the items of paragraph 1 of Article 6;(iii) If it violates the provision of paragraph 1 of Article 9, Article 11, Article 12 orparagraph 2 of the preceding Article; or(iv) If it obtains the accreditation set forth in paragraph 1 of Article 4 or theaccreditation of modification set forth in paragraph 1 or Article 9, by wrongfulmeans.
(2) The competent minister shall, when he/she withdraws the accreditation
pursuant to the provision of the preceding paragraph, make public the fact.
Section 2 Accreditation of Specified Certification Business in a Foreign
Country
Article 15 (Accreditation)(1) Any person who intends to perform the Specified Certification Business through- 5 -an office located in a foreign country may obtain the accreditation from thecompetent minister.
(2) The provisions of paragraph 2 and paragraph 3 of Article 4 and Article 5 to
Article 7 inclusive shall apply mutatis mutandis to the accreditation set forth in
the preceding paragraph, and the provisions of Article 8 to Article 13 inclusive
shall apply mutatis mutandis to a person who has obtained the accreditation set
forth in the preceding paragraph ( hereinafter referred to as the "Accredited
Foreign Certification Business Operator") . In this case, the term "no person" inparagraph 2 of Article 13 shall be deemed to be replaced with "no Accredited
Foreign Certification Business Operator."(3) In cases where a person who seeks the accreditation set forth in paragraph 1 or
its renewal, or the accreditation of modification set forth in paragraph 1 of Article
9 applied mutatis mutandis pursuant to the preceding paragraph performs theCertification Business through an office located in a foreign country based on asystem relating to the Certification Business under the laws and regulations ofsuch foreign country, and is similar to the system for the accreditation set forth inparagraph 1 of Article 4, the competent minister may, when he/she finds it
necessary in order for the Japanese government to faithfully perform a treaty
entered into with such foreign country and other international agreements, cause
those persons to submit documents stipulating matters provided by ordinance ofthe competent minister, in lieu of the investigation pursuant to the provision ofparagraph 2 of Article 6 applied mutatis mutandis pursuant to the preceding
paragraph (including cases where it is applied mutatis mutandis pursuant toparagraph 2 of Article 7 applied mutatis mutandis pursuant to the preceding
paragraph, and it is applied mutatis mutandis pursuant to paragraph 3 of Article
9).
(4) In the case referred to in the preceding paragraph, the competent minister shall,when he/she receives such documents from these persons, perform the examination
for the accreditation set forth in paragraph 1 or its renewal, or the accreditation ofmodification set forth in paragraph 1 of Article 9 applied mutatis mutandis
pursuant to paragraph 2, in consideration of such documents.
Article 16 (Withdrawal of Accreditation)(1) If the Accredited Foreign Certification Business Operator falls under any of thefollowing items, the competent minister may withdraw the accreditation:(i) If it falls under either item 1 or item 3 of Article 5 applied mutatis mutandis
pursuant to paragraph 2 of the preceding Article;(ii) If it fails to conform to any of the items of paragraph 1 of Article 6 appliedmutatis mutandis pursuant to paragraph 2 of the preceding Article;(iii) If it violates the provision of paragraph 1 or paragraph 4 of Article 9, Article- 6 -11, Article 12, or paragraph 2 of Article 13 applied mutatis mutandis pursuant
to paragraph 2 of the preceding Article;(iv) If it obtains the accreditation set forth in paragraph 1 of the precedingarticle, or the accreditation of modification set forth in paragraph 1 of Article 9
applied mutatis mutandis pursuant to paragraph 2 of the preceding Article, bywrongful means;(v) If, in a case where the competent minister makes the Accredited Foreign
Certification Business Operator report pursuant to the provision of paragraph 1
of Article 35 applied mutatis mutandis pursuant to paragraph 3 of Article 35, it
does not make the report or makes a false report; or(vi) If, in a case where the competent minister makes the ministry official
perform an inspection at a business office, office or other workplaces of theAccredited Foreign Certification Business Operator pursuant to the provision ofparagraph 1 of Article 35 applied mutatis mutandis pursuant to paragraph 3 ofArticle 35, it refuses, precludes or avoids the inspection, or does not answer aquestion pursuant to the provision of paragraph 1 of Article 35, or gives a false
answer.
(2) The competent minister shall, when he/she withdraws the accreditation
pursuant to the provision of the preceding paragraph, make public the fact.
Chapter 4 Designated Investigative Organization, etc.
Section 1 Designated Investigative Organization
Article 17 (Investigation by Designated Investigative Organization)(1) The competent minister may make his/her designate person ( the "Designated
Investigative Organization") perform an investigation (hereinafter referred to as
the "Investigation"; except for in the following section) , in whole or in part, which
is set forth in the provision of paragraph 2 of Article 6 ( including cases where it isapplied mutatis mutandis pursuant to paragraph 2 of Article 7 [ including cases
where it is applied mutatis mutandis pursuant to paragraph 2 of Article 15] ,paragraph 3 of Article 9 [including cases where it is applied mutatis mutandis
pursuant to paragraph 2 of Article 15] , and paragraph 2 of Article 15) .
(2) If the competent minister makes the Designated Investigative Organization
perform the Investigation, in whole or in part, pursuant to the provision of thepreceding paragraph, he/she shall not perform the Investigation, in whole or inpart. In this case, the competent minister shall perform an examination for theaccreditation set forth in paragraph 1 of Article 4 or its renewal, or theaccreditation of modification set forth in paragraph 1 of Article 9 ( including cases
where it is applied mutatis mutandis pursuant to paragraph 2 of Article 15) , or

- 7 -the accreditation set forth in paragraph 1 of Article 15 or its renewal, in
consideration of the results of the Investigation notified by the Designated
Investigative Organization pursuant to the provision of paragraph 4.
(3) If the competent minister makes the Designated Investigative Organization
perform the Investigation, in whole or in part, pursuant to the provision ofparagraph 1, with respect to the Investigation performed by the Designated
Investigative Organization, any person who seeks the accreditation set forth inparagraph 1 of Article 4 or its renewal, the accreditation of modification set forthin paragraph 1 of Article 9 ( including cases where it is applied mutatis mutandis
pursuant to paragraph 2 of Article 15) , or the accreditation set forth in paragraph
1 of Article 15 or its renewal shall make an application to the Designated
Investigative Organization pursuant to the provisions of ordinance of thecompetent minister, notwithstanding the provisions of paragraph 2 of Article 4(including cases where it is applied mutatis mutandis pursuant to paragraph 2 ofArticle 7 [including cases where it is applied mutatis mutandis pursuant toparagraph 2 of Article 15] , and paragraph 2 of Article 15) , and paragraph 2 ofArticle 9 (including cases where it is applied mutatis mutandis pursuant toparagraph 2 of Article 15) .
(4) If the Designated Investigative Organization performs the Investigation
pertaining to the application set forth in the preceding paragraph, it shall, without
delay, notify the competent minister of the results of such Investigation, pursuant
to the provision of ordinance of the competent minister.
Article 18 (Designation)
The designation set forth in the provision of paragraph 1 of the preceding Article(hereinafter referred to as the "Designation") shall be made pursuant to theprovisions of ordinance of the competent minister, in accordance with the application
made by a person who intends to perform the Investigation ( except for a person who
intends to perform it through an office located in a foreign country) .
Article 19 (Disqualification Provisions)
Any person who falls under any of the following items shall not receive the
Designation:(i) A person who has been punished by a penalty of imprisonment or severer, or
who has been punished by a penalty pursuant to this Act, and for whom lessthan two (2) years have passed since the day when either the execution of thepenalty finished or the penalty came to be no longer executed;(ii) A person whose Designation has been rescinded pursuant to the provision ofparagraph 1 of Article 29 or whose approval has been rescinded pursuant to theprovision of paragraph 1 of Article 32, and for whom less than two ( 2) years- 8 -have passed since the day of the rescission; or(iii) A juridical person whose executive director or officer falls under either of thepreceding two items.
Article 20 (Criteria for Designation)
The competent minister shall, only when he/she finds that the application for
Designation conforms to all of the following items, make the Designation:(i) It possesses the financial base and technical capability sufficient for properand precise, and smooth implementation of the Investigation business;(ii) If a juridical person, there is no risk that its director or officer, or constitutionof members prescribed by ordinance of the competent minister in proportion to
the category of the juridical person interferes with the fair implementation of
the Investigation;(iii) In a case where it implements businesses other than the Investigation
business, there is no risk that the Investigation comes to be unfair byperforming the businesses; and(iv) Making the Designation does not impede the proper and precise, and smooth
implementation of the Investigation pertaining to the application.
Article 21 (Public Notice, etc. of Designation)(1) The competent minister shall, when he/she makes the Designation, make public
the corporate name and address of the Designated Investigative Organization, andthe location of the office performing the Investigation business.
(2) The Designated Investigative Organization shall, when it intends to modify its
corporate name or address, or the location of the office performing theInvestigation business, notify the competent minister of the fact at least two ( 2)weeks prior to the day of the modification.
(3) The competent minister shall, when he/she receives the notification set forth in
the provision of the preceding paragraph, make public the fact.
Article 22 (Renewal of Designation)(1) Unless the Designation is renewed for each period of five ( 5) years to ten (10)years provided by Cabinet Order, the Designation shall become null and void upon
the passing of the period.
(2) Provisions of Article 18 to Article 20 inclusive shall apply mutatis mutandis to
the renewal of Designation set forth in the preceding paragraph.
Article 23 (Confidentiality Obligation, etc.)(1) Any director or officer of the Designated Investigative Organization ( or any
individual who has received such Designation, if the Designated Investigative- 9 -Organization is not a juridical person; the same shall apply in the following
paragraph, and Article 43 and Article 45) , or any employee or person who has
assumed these positions shall not divulge any secret relating to the Investigation
business to which they become privy.
(2) Any director or officer, or employee of the Designated Investigative Organization
who is engaged in the Investigation business shall be deemed to be an employee
engaged in public service pursuant to the laws and regulations, with respect to theapplication of the Criminal Code ( Act No. 45 of 1907) and other penalties.
Article 24 (Obligation of Investigation)
If the Designated Investigative Organization is requested to perform theInvestigation, it shall, without delay, perform the Investigation except for cases
where it has any justifiable reason.
Article 25 (Investigation Business Rules)(1) The

Designated Investigative Organization

shall provide rules for theInvestigation business (hereinafter referred to as the "Investigation Business
Rules"), and receive the approval of the competent minister.

The same shallapply to any modification of the Investigation Business Rules.
(2) Matters to be provided in the Investigation Business Rules shall be provided byordinance of the competent minister.
(3) The competent minister may, when he/she finds that the Investigation Business
Rules approved in paragraph 1 become inappropriate in the fair implementation of
the Investigation, order modification of the Investigation Service Rules.
Article 26 (Entry in Books)
The Designated Investigative Organization shall, pursuant to the provisions ofordinance of the competent minister, prepare and preserve the books upon entering
matters as provided by ordinance of the competent minister, with respect to theInvestigation business.
Article 27 (Order of Conformity)
The competent minister may, when he/she finds that the Designated Investigative
Organization fails to conform to item 1 through item 3 of Article 20, order the
Designated Investigative Organization to take necessary measures to conform tothese provisions.
Article 28 (Discontinuance and Abolition of Service)(1) The Designated Investigative Organization shall not discontinue or abolish theInvestigation business, in whole or in part, without the permission of the- 10 -

competent minister.
(2) The competent minister shall, when he/she grants the permission set forth in
the preceding paragraph, make public the fact.
Article 29 (Rescission, etc. of Designation)(1) If the Designated Investigative Organization falls under any of the following
items, the competent minister may rescind the designation, or order suspension of
the Investigation business, in whole or in part, within a prescribed period of time:(i) If it violates the provisions of this Section;(ii) If it falls under item 1 or item 3 of Article 19;(iii) If it fails to perform the Investigation business in compliance with theapproved Investigation Business Rules set forth in paragraph 1 of Article 25;(iv) If it violates orders pursuant to the provision of paragraph 3 of Article 25 or
Article 27; or(v) If it receives the Designation by wrongful means.
(2) The competent minister shall, when he/she rescinds the Designation or orders tosuspend the Investigation business, in whole or in part, pursuant to the provisionof the preceding paragraph, make public the fact.
Article 30 (Implementation of Investigation Business by the Competent Minister)(1) If the Designated Investigative Organization suspends the Investigation
business, in whole or in part, pursuant to the provision of paragraph 1 of Article
28, the competent minister orders the Designated Investigative Organization to
discontinue the Investigation business, in whole or in part, pursuant to theprovision of paragraph 1 of the preceding Article, or the Designated Investigative
Organization falls into a difficult state to implement the Investigation business, inwhole or in part, due to natural disasters or other reasons, the competent ministry
himself/herself shall, when he/she finds necessary, perform the Investigation
business, in whole or in part, notwithstanding the provision of paragraph 2 ofArticle 17.
(2) The competent minister shall perform the Investigation business pursuant to
the provision of the preceding paragraph, or if he/she decides not to perform theInvestigation business performed pursuant to the provision of the preceding
paragraph, the competent minister shall make public the fact, in advance.
(3) In cases where the competent minister performs the Investigation businesspursuant to the provision of paragraph 1, and permits abolition of theInvestigation business pursuant to the provision of paragraph 1 of Article 28, or
rescinds the Designation pursuant to the provision of paragraph 1 of the preceding
Article, the succession of the investigation service or other necessary matters shallbe provided by ordinance of the competent minister.

- 11 -

Section 2 Approved Investigative Organization
Article 31 (Approval, etc. of Approved Investigative Organization)(1) If any person who intends to perform ( limited to a person who intends toperform through an office located in a foreign country) the Investigation(hereinafter referred to as the "Investigation" in this Section) , in whole or in part,pursuant to the provision of paragraph 2 of Article 6 applied mutatis mutandis
pursuant to paragraph 2 of Article 15 ( including cases where it is applied mutatis

mutandis pursuant to paragraph 2 of Article 7 applied mutatis mutandis pursuant
to paragraph 2 of Article 15, and paragraph 3 of Article 9) makes an application,
the competent minister may approve this application pursuant to the provisions ofordinance of the competent minister.
(2) If the competent minister has made the approval set forth in the preceding
paragraph, with respect to the Investigation performed by a person who hasreceived the approval set forth in the preceding paragraph ( hereinafter referred toas the "Approved Investigative Organization") , any person who seeks theaccreditation set forth in paragraph 1 of Article 15 or its renewal, or theaccreditation of modification set forth in paragraph 1 of Article 9 applied mutatis

mutandis pursuant to paragraph 2 of Article 15, may make an application to theApproved Investigative Organization, pursuant to the provision of ordinance of thecompetent minister, notwithstanding the provisions of paragraph 2 of Article 4
applied mutatis mutandis pursuant to paragraph 2 of Article 15 ( including cases
where it is applied mutatis mutandis pursuant to paragraph 2 of Article 7 appliedmutatis mutandis pursuant to paragraph 2 of Article 15) , paragraph 2 of Article 9
applied mutatis mutandis pursuant to paragraph 2 of Article 15, and paragraph 3
of Article 17. In this case, the competent minister shall perform the examination
for the accreditation set forth in paragraph 1 of Article 15 or its renewal, or theaccreditation of modification set forth in paragraph 1 of Article 9 applied mutatis

mutandis pursuant to paragraph 2 of Article 15, in consideration of the results of
the Investigation notified by the Approved Investigative Organization pursuant to
the provision of the following paragraph.
( 3) If

the Approved Investigative

Organization performs the Investigation

pertaining to the application set forth in the preceding paragraph, it shall, without
delay, notify the competent minister of the results of the Investigation, pursuant
to the provisions of ordinance of the competent minister.
(4) If the Approved Investigative Organization discontinues or abolishes theInvestigation business, in whole or in part, it shall, without delay, notify thecompetent minister of such event.
(5) The competent minister shall, when he/she receives the notification set forth in- 12 -

the provision of the preceding paragraph, make public the fact.
(6) The provisions of Article 19 to Article 22 inclusive shall apply mutatis mutandis
to the approval set forth in paragraph 1, and the provisions of Article 24 to Article
27 inclusive shall apply mutatis mutandis to the Approved Investigative
Organization. In this case, the term "order" in paragraph 3 of Article 25, andArticle 27 shall be deemed to be replaced with "request."
Article 32 (Rescission of Approval)(1) If the Approved Investigative Organization falls under any of the following
items, the competent minister may rescind the approval:(i) If it violates the provision of paragraph 3 or paragraph 4 of the preceding
Article, paragraph 2 of Article 21 applied mutatis mutandis pursuant toparagraph 6 of the preceding Article, Article 24, paragraph 1 of Article 25, or
Article 26;(ii) If it falls under item 1 or item 3 of Article 19 applied mutatis mutandis
pursuant to paragraph 6 of the preceding Article;(iii) If it fails to perform the Investigation business in compliance with theapproved Investigation Business Rules set forth in paragraph 1 of Article 25
applied mutatis mutandis pursuant to paragraph 6 of the preceding Article;(iv) If it does not respond to the request set forth in paragraph 3 of Article 25
applied mutatis mutandis pursuant to paragraph 6 of the preceding Article, orArticle 27;(v) If it receives the approval set forth in paragraph 1 of the preceding Article, bywrongful means;(vi) If, in a case where the competent minister finds that the Approved
Investigative Organization falls under any of the above items, and requests
suspension of the Investigation business, in whole or in part, within a prescribedperiod of time, it does not respond to the request;(vii) If, in a case where the competent minister makes the Approved Investigative
Organization report pursuant to paragraph 2 of Article 35 applied mutatis

mutandis pursuant to paragraph 3 of Article 35, it does not make the report or
makes a false report, or(viii) If, in a case where the competent minister makes its ministry official
perform an inspection at a business office of the Approved Investigative
Organization pursuant to the provision of paragraph 2 of Article 35 appliedmutatis mutandis pursuant to paragraph 3 of Article 35, it refuses, precludes or
avoids the inspection, or does not answer questions pursuant to the provision ofparagraph 2, or gives false answers.
(2) The competent minister shall, when he/she rescinds the approval pursuant to
the provision of the preceding paragraph, make public the fact.

- 13 -

Chapter 5 Miscellaneous Provisions
Article 33 (Assistance, etc. for Specified Certification Business)
The competent minister shall endeavor to investigate and research technicalopinions pertaining to the Electronic Signature and Certification Business, andprovide necessary information, advice and other assistance to the person who
performs the Specified Certification Business and its Users, for the purpose ofsmooth implementation of the accreditation system with respect to the Specified
Certification Business.
Article 34 (Measures by the National Government)
The national government shall endeavor to deepen public understanding withrespect to the Electronic Signature and Certification Business, through public
education activities and public information activities.
Article 35 (Collection of Reports and On-Site Inspection)(1) The competent minister may, to the extent necessary to enforce this Act, makethe Accredited Certification Business Operator report with respect to the businesspertaining to its accreditation, or the ministry official enter the business office,office or other workplaces of the Accredited Certification Business Operator, andinspect the condition of the business pertaining to the accreditation or facilities,
books and documents, and other properties or question the relevant person.
(2) The competent minister may, to the extent necessary to enforce this Act, makethe Designated Investigative Organization report on its business, or the ministry
official enter the office of the Designated Investigative Organization, and inspect
the condition of the business or books, documents, and other properties or question
the relevant person.
(3) The provision of paragraph 1 shall apply mutatis mutandis to the Accredited
Foreign Certification Business Operator, and the provision of the preceding
paragraphshall

apply mutatis

mutandis with respect to the Approved

Investigative Organization, respectively.
(4) The ministry official who performs the on-site inspection pursuant to theprovisions of paragraph 1 and paragraph 2 ( including cases where each is appliedmutatis mutandis pursuant to the preceding paragraph) shall carry the certificate
indicating his/her status, and present it to the relevant person.
(5) The authority of on-site inspection pursuant to the provisions of paragraph 1
and paragraph 2 (including cases where they are applied mutatis mutandis
pursuant to paragraph 3, respectively) shall not be construed as being granted for
criminal investigations.

- 14 -

Article 36 (Fees)(1) Any person listed in the following items shall pay to the national government
the fee provided by Cabinet Order in consideration of the actual cost.
(i) A person who seeks the accreditation set forth in paragraph 1 of Article 4(except for cases where the competent minister makes the Designated
Investigative Organization perform the inspection, in whole, pursuant to theprovision of paragraph 1 of Article 17) ;(ii) A person who seeks the renewal of accreditation set forth in paragraph 1 of
Article 7 (including cases where it is applied mutatis mutandis pursuant toparagraph 2 of Article 15) ;(iii) A person who seeks the accreditation of modification set forth in paragraph 1
of Article 9 (including cases where it is applied mutatis mutandis pursuant toparagraph 2 of Article 15) ; and(iv) A person who seeks the accreditation set forth in paragraph 1 of Article 15(except for cases where the competent minister makes the Designated
Investigative Organization perform the inspection, in whole, pursuant to theprovision of paragraph 1 of Article 17) .
(2) Any person who seeks the inspection performed by the Designated Investigative
Organization shall pay to such Designated Investigative Organization the fee thatthe Designated Investigative Organization specifies in response to the approval of
the competent minister, pursuant to the provisions of the Cabinet Order.
Article 37 (Relationship between the Competent Minister and the National Public
Safety Commission)
With respect to the business pertaining to the accreditation of the Accredited
Certification Business Operator or the Accredited Foreign Certification Business
Operator, the National Public Safety Commission may, when it finds necessary to
prevent an occurrence of serious damage pertaining to the certification with respect
to its User, request the competent minister to take necessary measures.
Article 38 (Examination Request)
Any person who is dissatisfied with respect to disposition or inaction of the
Designated Investigative Organization pursuant to the provisions of this Act may
make an examination request to the competent minister pursuant to the
Administrative Appeal Act (Act No. 160 of 1962).
Article 39 (Transitional Measures)
In a case where the Cabinet Order or ordinance of the competent minister isestablished under this Act, or is revised or abolished, the Cabinet Order or ordinance- 15 -

of the competent minister may provide necessary transitional measures ( includingtransitional measures relating to penalties) , to the extent determined as necessary
along with its establishment, or revision or abolition.
Article 40 (Competent Minister, etc.)(1) The competent minister as used in this Act means the Minister of Public
Management, Home Affairs, Posts and Telecommunications, the Minister ofJustice, and the Minister of Economy, Trade and Industry, provided, however, thatin Article 33, the competent minister means the Minister of Public Management,
Home Affairs, Posts and Telecommunications and the Minister of Economy, Tradeand Industry.
(2) Ordinance of the competent minister as used in this Act means an order that is
jointly issued by the Minister of Public Management, Home Affairs, Posts andTelecommunications, the Minister of Justice, and the Minister of Economy, Tradeand Industry.
Chapter 6 Penal Provisions
Article 41(1) Any person who makes a false application and causes the Accredited
Certification Business Operator or the Accredited Foreign Certification Business
Operator to perform false certification on the User, with respect to theCertification Business pertaining to the accreditation shall be punished by
imprisonment for not more than three ( 3) years or a fine of not more than
2,000,000 yen.
(2) An attempted crime of the preceding paragraph shall be punished.
(3) The crimes set forth in the preceding two paragraphs shall be governed by
Article 2 of the Criminal Code.
Article 42
Any person who falls under either of the following items shall be punished by
imprisonment with work for not more than one ( 1) year or a fine of not more than
1,000,000 yen:(i) A person who violates the provision of paragraph 2 of Article 13; or(ii) A person who violates the provision of paragraph 1 of Article 23, and divulges
secrets relating to his/her duties to which he/she becomes privy.
Article 43
A director or officer, or an employee of the Designated Investigative Organization
who violates the order to suspend the business set forth in the provision of- 16 -

paragraph 1 of Article 29 shall be punished by imprisonment with work for not morethan one (1) year or a fine of not more than 1,000,000 yen.
Article 44
Any person who falls under any of the following items shall be punished by a fineof not more than 300,000 yen:(i) A person who has modified the matters set forth in item 2 or item 3 ofparagraph 2 of Article 4 in violation of the provision of paragraph 1 of Article 9;(ii) A person who has not prepared or preserved books and documents set forth in
the provision of Article 11, or prepared false books and documents; or(iii) A person who has not made a report set forth in the provision of paragraph 1
of Article 35 or has made a false report, or has refused, precluded or avoided theinspection set forth in the provision of paragraph 1 of Article 35, or has not
answered a question set forth in the provision of paragraph 1 of Article 35, or
has given a false answer.
Article 45
In case of falling under any of the following items, a director or officer, or an
employee of the Designated Investigative Organization who commits the violation
shall be punished by a fine of not more than 300,000 yen:(i) If he/she has not made entries in books pursuant to the provision of Article 26,
has made false entries in the books, or has not preserved the books;(ii) If he/she violates the provision of paragraph 1 of Article 28, and abolishes thewhole investigation business; or(iii) If he/she has not made a report set forth in the provision of paragraph 2 ofArticle 35 or has made a false report, or has refused, precluded or avoided theinspection set forth in the provision of paragraph 2 of Article 35, or has not
answered a question set forth in the provision of paragraph 2 of Article 35, or
has given a false answer.
Article 46
When a representative of a juridical person, or an agent, employee or other worker
of a juridical person or an individual commits the violation set forth in item 1 of
Article 42 or Article 44 with respect to the business of the juridical person or theindividual, not only the offender shall be punished but also the juridical person orindividual shall be punished by the prescribed in the respective Articles.
Article 47
Any person who has not made a notification set forth in the provision of paragraph
4 of Article 9 or paragraph 1 of Article 10, or has made a false notification shall be- 17 -

punished by a non-penal fine of not more than 100,000 yen.
Supplementary Provisions
Article 1 (Effective Date)
This Act shall come into force as from April 1, 2001, provided, however, that theprovision of the following Article shall come into force as from March 1, 2001, andthe provision of Article 4 of Supplementary Provisions shall come into force as fromthe day of enforcement of the Act on the Arrangement of Related Acts that
Accompany the Enforcement of Acts that Revise Parts of the Commercial Code, etc.
(Act No. 91 of 2000).
Article 2 (Preparatory Actions)
The Designation set forth in the provision of paragraph 1 of Article 17, procedures
necessary for this, and other actions may be governed by the provisions of Article 18
to Article 20 inclusive, paragraph 1 of Article 21, and paragraph 1 and paragraph 2
of Article 25, even before the enforcement of this Act.
Article 3 (Review)
If five (5) years have passed after the enforcement of this Act, the government
shall review the status of enforcement of this Act and take necessary measures
based on the results.
Article 4 (Partial Revision of the Act on the Arrangement of Related Acts that
Accompany the Enforcement of Acts that Revise Parts of the Commercial Code, etc.)
The Act on the Arrangement of Related Acts that Accompany the Enforcement ofActs that Revise Parts of the Commercial Code, etc. shall be revised, in part, as
specified below. The following Article shall be added following Article 150.
Article 150-2 (Partial Revision of the Act on Electronic Signatures and Certification
Business)
The Act on Electronic Signatures and Certification Services ( Act No. 102 of 2000)
shall be revised, in part, as specified below.
In Article 8, the phrase "or merger" shall be revised to "merger or division ( limited
to what under which the whole of the business pertaining to the accreditation is
succeeded)," the phrase "or after merger" shall be revised to the phrase "after themerger," and the phrase "or succeeds to the whole of the business by division" shallbe added after the phrase "established by the merger."(Act on Partial Revision, etc. of the Income Tax Act, etc.)- 18 -

Article 196 (Partial Revision of the Act on Electronic Signatures and Certification
Business)
The Act on Electronic Signatures and Certification Business shall be revised, inpart, as specified below. In item 1 of paragraph 1 of Article 36, the phrase "or its
renewal" shall be deleted, and the phrase "( except for cases where the competent
minister makes the Designated Investigative Organization perform the inspection, in
whole, pursuant to the provision of paragraph 1 of Article 17) " shall be added after
the phrase "A person who seeks the accreditation set forth in paragraph 1 of Article
4." And, in item 3 of paragraph 1, the phrase "or its renewal" shall be deleted, andthe phrase "(except for cases where the competent minister makes the Designated
Investigative Organization perform the inspection, in whole, pursuant to theprovision of paragraph 1 of Article 17) " shall be added after the phrase "A person
who seeks the accreditation of modification set forth in paragraph 1 of Article 9."
Furthermore, item 3 of paragraph 1 shall be deemed to be replaced with item 4 ofparagraph 1, item 2 of paragraph 1 shall be deemed to be replaced with item 3 ofparagraph 1, and the following item shall be added after item 1 of paragraph 1.
(ii) A person who seeks the renewal of accreditation set forth in paragraph 1 of
Article 7 (including cases where it is applied mutatis mutandis pursuant toparagraph 2 of Article 15) ;Supplementary Provisions
This Act shall come into force as from April 1, 2006.

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