TREATY BETWEENJAPAN AND THE FEDERATIVE REPUBLIC OF BRAZIL
ON THE TRANSFER OF SENTENCED PERSONSTREATY BETWEENJAPAN AND THE FEDERATIVE REPUBLIC OF BRAZIL
ON THE TRANSFER OF SENTENCED PERSONSJapan and the Federative Republic of Brazil(hereinafter referred to as “the Parties”);
Desiring to further promote international co-operationin the field of enforcement of sentences;
Considering that such co-operation should further theends of justice and the social rehabilitation of sentenced
persons;
Considering that these objectives require that
foreigners who are deprived of their liberty as a result of
their commission of a criminal offence should be given theopportunity to serve their sentences within their own
society; andConsidering that this aim can best be achieved byhaving them transferred to their own country;
Have agreed as follows:
Article 1
For the purposes of this Treaty:(a)“sentence” means any punishment involving
deprivation of liberty ordered by a court for alimited or unlimited period of time on account ofa criminal offence;(b)“sentenced person” means a person on whom thesentence has been imposed in the territory ofeither Party;(c)“judgment” means a decision or order of a court
imposing a sentence;(d)“sentencing State” means the Party in which thesentence has been imposed on the person who may
be, or has been, transferred; and(e)“administering State” means the Party to which
the sentenced person may be, or has been,transferred in order to serve his or her
sentence.

- 1 -Article 21.
Each Party undertakes to afford the other Party thewidest measure of co-operation in respect of the transferof sentenced persons in accordance with the provisions of
this Treaty.
2.
A sentenced person may be transferred from theterritory of the sentencing State to the territory of theadministering State, in accordance with the provisions of
this Treaty, in order to serve the sentence imposed on himor her. To that end, the sentenced person may express hisor her interest to the sentencing State or to theadministering State in being transferred under this Treaty.
3.
Transfer may be requested by either the sentencing
State or the administering State.
Article 3
1.
A sentenced person may be transferred under thisTreaty only on the following conditions:(a)where Japan is the administering State, thesentenced person is a person who falls within thescope of its law on transnational transfer ofsentenced persons;(b)where the Federative Republic of Brazil is theadministering State, the sentenced person is a
Brazilian as defined in the Constitution of theFederative Republic of Brazil;(c)

if the judgment is final;(d)if, at the time of receipt of the request fortransfer, the sentenced person still has at least
one year of the sentence to serve or if thesentence is indeterminate;(e)

if the transfer is consented to by the sentencedperson;(f)

if the acts or omissions on account of which thesentence has been imposed constitute a criminal
offence according to the law of the administeringState or would constitute a criminal offence if
committed on its territory; and(g)if the sentencing State and the administeringState agree to the transfer.

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2.
In exceptional cases, the Parties may agree to atransfer even if the time of the sentence to be served by
the sentenced person is less than that specified in subparagraph (d), paragraph 1 above.
Article 4
1.
Any sentenced person to whom this Treaty may apply
shall be informed by the sentencing State of the substanceof this Treaty and also may be informed by theadministering State of the said substance.
2.
If the sentenced person has expressed an interest to
the sentencing State in being transferred under thisTreaty, the sentencing State shall so inform theadministering State as soon as practicable after thejudgment becomes final.
3.

The information shall include:(a)the name, date and place of birth of thesentenced person;(b)

his or her address, if any, in the administeringState;(c)a statement of the facts upon which the sentence
was based; and(d)the nature, duration and date of commencement of
the sentence.

4.
If the sentenced person has expressed his or herinterest to the administering State, the sentencing State
shall, on request, communicate to the administering Statethe information referred to in paragraph 3 above.
5.
The sentenced person shall be informed, in writing, of
any action taken by the sentencing State or by theadministering State under the preceding paragraphs of thisArticle, as well as of any decision taken by either Stateon a request for his or her transfer.
Article 5
Each Party shall designate a central authority for thepurpose of facilitating communications between the Parties
under Articles 4, 6, 7 and 14 of this Treaty:(a)for Japan, the central authority shall be theMinistry of Foreign Affairs; and- 3 -(b)for the Federative Republic of Brazil, thecentral authority shall be the Ministry ofJustice.
Article 61.
Requests for transfer and replies shall be made inwriting.
2.
Requests shall be addressed by the Ministry of Justiceof the requesting State to the Ministry of Justice of therequested State.
3.
Requests for transfer and replies shall be
communicated through the central authority referred to inArticle 5 of this Treaty. Notwithstanding the above, inrelation to Japan, the Ministry of Justice may send andreceive requests for transfer as well as documents andinformation referred to in Article 4, 6, 7 and 14 of thisTreaty in case of emergency or other extraordinary
circumstances in accordance with the laws and regulationsof Japan.
4.
The requested State shall promptly inform therequesting State of its decision whether or not to agree tothe requested transfer.
Article 7
1.
The administering State, if requested by thesentencing State, shall furnish it with:(a)a document or statement indicating that thesentenced person meets the conditions of subparagraph (a) or (b), paragraph 1 of Article 3;and(b)

a copy of the relevant law of the administeringState which provides that the acts or omissions
on account of which the sentence has been imposedin the sentencing State constitute a criminal
offence according to the law of the administeringState, or would constitute a criminal offence if
committed on its territory.

2.
If a transfer is requested, the sentencing State shallprovide the following documents to the administering State,
unless either State has already indicated that it will not
agree to the transfer:(a)a copy of the judgment and the law on which it isbased;

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(b)

a statement indicating how much of the sentence
has already been served, including information on
any pre-trial detention, remission, and any otherfactor relevant to the enforcement of thesentence;(c)a statement containing the consent to thetransfer as referred to in sub-paragraph (e),paragraph 1 of Article 3; and(d)whenever appropriate, any medical or social
reports or behavior report in prison on thesentenced person, information about his or hertreatment in the sentencing State, and any
recommendation for his or her further treatmentin the administering State.

3.
Either State may ask to be provided with any of the
documents or statements referred to in paragraph 1 or 2
above before making a request for transfer or taking adecision on whether or not to agree to the transfer.
Article 81.
The sentencing State shall ensure that the sentenced
person who gives consent to the transfer in accordance with
sub-paragraph (e), paragraph 1 of Article 3 does sovoluntarily and with full knowledge of the legal
consequences thereof. The procedure for giving suchconsent shall be governed by the law of the sentencing
State.
2.
The sentencing State shall afford an opportunity to
the administering State to verify through a consul or otherofficial designated by the administering State, that theconsent is given in accordance with the conditions set out
in paragraph 1 above.
Article 91.
The taking into charge of the sentenced person by theauthorities of the administering State shall have theeffect of suspending the enforcement of the sentence in thesentencing State.
2.
The sentencing State may no longer enforce thesentence if the administering State considers enforcementof the sentence to have been completed.

- 5 -Article 101.
The competent authorities of the administering State
shall continue the enforcement of the sentence immediately
or through a court or administrative order.
2.
The continued enforcement of the sentence after thetransfer shall be governed by the laws and regulations of
the administering State, including those governing
conditions for service of imprisonment or other form ofdeprivation of liberty and those providing for the
reduction of the term of imprisonment or other form ofdeprivation of liberty by parole, remission or otherwise.
3.
The administering State shall be bound by the legal
nature and duration of the sentence as determined by thesentencing State.
4.
If, however, this sentence is by its nature orduration incompatible with the law of the administeringState, or its law so requires, that State may, by a court
or administrative order, adapt the sanction imposed in thesentencing State to a sanction prescribed by its own law
for a similar offense. As to its nature and duration, theadapted sanction shall, as far as possible, correspond withthe sanction imposed in the sentencing State. It shall not
be severer than that imposed in the sentencing State, interms of nature and duration.
Article 11
The sentencing State alone may grant pardon, amnesty
or commutation of the sentence in accordance with its
Constitution, laws and regulations.
Article 12
The sentencing State alone shall have the right todecide on any application for review of the judgment.
Article 13
The administering State shall terminate enforcement of
the sentence as soon as it is informed by the sentencing
State of any decision or measure as a result of which thesentence ceases to be enforceable.

- 6 -Article 14
The administering State shall provide information to
the sentencing State concerning the enforcement of thesentence:(a)when it considers enforcement of the sentence tohave been completed;(b)

if the sentenced person has escaped from custody
before enforcement of the sentence has been
completed; or(c)if the sentencing State requests a special
report.
Article 15

1.
Information referred to in paragraphs 2 to 4 ofArticle 4 and requests for the transfer and replies
referred to in Article 6 shall be furnished in the languageof the Party to which they are addressed. Documents andstatements referred to in Article 7 shall be accompanied bytranslations into the language of the Party to which theyare addressed upon request by such Party.
2.
Any costs incurred in the application of this Treaty
shall be borne by the administering State, except costs
incurred exclusively in the territory of the sentencing
State.
Article 16
The Parties shall consult, at the request of either
Party, concerning the interpretation and the application ofthis Treaty.
Article 171.
This Treaty shall enter into force on the thirtieth
day after the date on which the Parties exchange diplomatic
notes informing each other that their respective
constitutional requirements necessary to give effect tothis Treaty have been complied with.
2.
This Treaty shall be applicable to the enforcement ofsentences imposed either before or after its entry intoforce.

- 7 -3.
Either Party may terminate this Treaty at any time bynotice in writing to the other Party through diplomaticchannels. Termination shall take effect on the one hundredand eightieth day after the date on which the notice isgiven.
4.
This Treaty shall continue to apply to the enforcementof sentences of sentenced persons who have been transferredin conformity with the provisions of this Treaty prior tothe date of termination.
IN WITNESS WHEREOF, the undersigned, being dulyauthorised by their respective Governments, have signed
this Treaty.
Done at Tokyo, in duplicate, in the Japanese,
Portuguese and English languages, all texts being equallyauthentic, this twenty-fourth day of January, 2014. Incase of any divergence of interpretation, the English text
shall prevail.

For Japan:ጯ↰ᢥ㓶For the Federative Republicof Brazil:
ANDRÉ ARANHA CORRÊA DO LAGO

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