Terms and Conditions
Background and Overview of Advance Filing Rules on Maritime Container Cargo
Information and Reporter ID
Advance Filing Rules on Maritime Container Cargo
On March 30, 2012, a bill to partially amend the Customs Tariff Act and relevant laws passed
the Diet, and this amendment enacted the Advance Filing Rules. The Rules require vessel
operators and NVOCC to electronically submit to Customs information on maritime
container cargoes to be loaded on a vessel intended for entry into a port in Japan, in
principle, no later than 24 hours before departure of the vessel from a port of loading(hereinafter “Advance Filing”).
The information on maritime container cargoes filed in Advance Filing Rules will beassessed by Japan Customs for a risk. Advance Notice of Risk Assessment Result fromJapan Customs may be sent in principle within 24 hours from filing if the cargo is identified
as high risk from the viewpoint of national security such as for terrorism in the risk
assessment. When the filing is made 24 hours before loading of a cargo on a vessel
regardless of the legal deadline of 24 hours before departure of the vessel, the Filers canreceive an advance notice before loading of the cargo, if their cargo is identified as high risk,
and stop loading the cargo on a vessel.
Penal provisions under the Customs Act will apply if the filing is not made.

FilersThose who are obliged to file cargo information under the Advance Filing Rules (hereinafter,“the Filers”) are shipping companies who are contractors of carriage and own the cargo
information based on Ocean (Master) B/L level at the time of departure of a vessel from aforeign port of loading intended for entry into a port in Japan. In addition, among the NVOCC,
who own the cargo information based on House B/L level at the time of departure of a vessel
from a foreign port, those who are direct contractors with the shipping companies are also
the Filers.

Method of Filing
Under the Advance Filing Rules, the filing of cargo information must be made electronicallythrough the Nippon Automated Cargo and Port Consolidated System (hereinafter, “NACCS”).
This electronic filing requires access to a private network built in NACCS, which is not open
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to the Internet. In order to access the private network, the Filers must enter into a service
agreement individually with Nippon Automated Cargo and Port Consolidated

System, Inc.(hereinafter, “NACCS Center”). Meanwhile, for the implementation of theAdvance Filing Rules, it has been made possible for the Filers to make Advance Filingthrough the system of a service provider without newly entering into the service agreementwith NACCS Center.
Notes: NACCS is a system managed and operated by NACCS Center for online processingof procedures taken with Customs and other relevant administrative authorities or related
private sector services for arriving/departing ships and aircrafts and import/export cargo.
NACCS, as a platform system that comprehensively manages logistics information in Japan,
connects users via its private network and enables exchanges of import/export and port
related information.

Necessity of Reporter ID
In the case of using a service provider for filing, cargo information is sent to NACCS throughthe service provider. NACCS Center and Japan Customs, which receives the filing, need toaccurately identify who has made the Advance Filing; therefore, Reporter ID will be issued toeach Filer individually through the Reporter ID Issuance System in order to identify those
who have made Advance Filing with Reporter ID attached to the filed information andmanage properly the Filers information under applicable laws and regulations. Thus, theFilers who make Advance Filing through a service provider need to obtain their Reporter
IDs.
In addition to Reporter ID, NVOCCs who are obliged to file cargo information based on
House B/L level need to obtain ‘NVOCC Code for House B/L’ as well, which is to be filed
together with House B/L number.
Consent to all the provisions of the Terms and Conditions below is required for obtaining andusing a Reporter ID and a NVOCC Code for House B/L.
Please carefully read through the following:

Chapter I Reporter ID and Use of Reporter ID Issuance System
Article 1. User Registration
1

Information registered in the Reporter ID Issuance System to obtain aReporter ID must be true and accurate on one's own responsibility.
Implementation of Advance Filing with falsely registered information may be

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punishable by law.
2

Any misuse or unauthorized use of the Reporter ID and the Reporter ID
Issuance System or using them for the purpose of engaging in anti-social
conduct is prohibited.

3

When obtaining the Reporter ID, the Reporter ID Issuance System can beused free of charge.

4

A corporation may obtain more than one Reporter ID. As various ways offiling are assumed, such as a head office makes all the filings or eachbusiness office at the port makes filings, the necessary number of ReporterIDs should be obtained depending on the circumstances of each corporation.
However, a Reporter ID and a NVOCC Code for House B/L shall not beshared by multiple business operators.

Article 2. Filers’ Obligation to Manage Information and Validity1

Any change to the registered information must be updated in the Reporter ID
Issuance System by Filers as necessary. Filers shall have the obligation to
update their own information in a timely manner.

2

Filers shall be responsible for properly managing the Reporter IDs theyobtained and passwords they registered. With respect to information filed
under the Advance Filing Rules, NACCS Center will deem the information tohave been submitted by a Filer whose Reporter ID is included in theinformation; therefore, the Filer who has registered the ID shall be liable forany unauthorized use or other incidents arising from the submitted
information.

3

No Filer may provide any Reporter ID, NVOCC Code for House B/L andpassword to any third party other than service providers to be used and allow
the third party to either use the Reporter ID Issuance System or make any
Advance Filing. In addition, no Filer may use a Reporter ID, NVOCC Codefor House B/L and password obtained by others to either use the Reporter ID
Issuance System or make Advance Filing.

4

If a Filer has become aware of any unauthorized use of its Reporter ID,
NVOCC Code for House B/L and password, the Filer shall change thepassword or suspend the ID in the Reporter ID Issuance System or requestthat service provider suspend the Reporter ID.

5

The effective term of a Reporter ID shall be for one (1) year from the date of
the initial issuance or one (1) year from the date of the last use for Advance

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Filing. When a Reporter ID is expired, an NVOCC Code for House B/L
related to the Reporter ID will also be expired.
6

A Filer whose Reporter ID has become no longer needed shall suspend the
ID through the Reporter ID Issuance System.

Article 3. Information Management by NACCS Center and Japan Customs
1

NACCS Center and Japan Customs shall neither divulge the Filers’
information obtained via the Reporter ID Issuance System nor use it for otherpurposes.

2

Of Filers’ information, personal information shall be handled properly inaccordance with the Act on the Protection of Personal Information” (Act No.
57 of 2003; hereinafter, the “Personal Information Protection Act”) and otherrelevant laws.

Chapter II Service Providers
Article 1. Use of Service Providers
1

In order to make Advance Filings using service provider, each Filer may
choose the service provider at its own discretion. Therefore, each Filerneeds to directly contact a service provider published on the Advance Filing
Rules website of NACCS Center before filing. Advance Filing through aservice provider may require conclusion of a separate service agreement
and fee payment between a Filer and a service provider. Please contact theservice provider individually for fees and other relevant information. With
respect to any claim, lawsuit, and legal action, including those made by athird party, relating to or arising from an agreement made between a Filerand a service provider, NACCS Center shall have no concern with nor
liability for any legal liability and expenses (including legal fees) resulting
from any claim, loss, damage lawsuit, trial, and charge.

2

When using a service provider, please follow the instructions of the service
provider, including the method of obtaining a Reporter ID.

Article 2. Communication from NACCS Center and inquiries from Filers
1

Communication from NACCS Center to Filers will be made via service
providers or posting on the Advance Filing Rules website of NACCS Center.
Filers shall be responsible for checking such information.

2

Any system related inquiries including the use of the Reporter ID Issuance

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System should, as a general rule, be made through service providers.
3

Inquiries concerning Customs procedures including those related to the
Advance Filing Rules should be directed to the contact set forth by Japan
Customs.

4

If a Filer needs to contact NACCS Center directly, it must do so either inJapanese or English.

Article 3. Change of Service Providers
1

Available service providers may be changed. Once a change of service
providers has occurred, NACCS Center will promptly disseminate
information on the Advance Filing Rules website of NACCS Center as to theservice providers subject to the change and the scheduled date of thechange (scheduled starting or ending date of connection). In the case of
newly adding a service provider, the information will be disseminated uponits entering into a connection agreement with NACCS Center. If a service
provider has become unavailable due to termination of an agreement, theinformation will be disseminated by one (1) month prior to the scheduled
ending of the connection. A Filer using a service provider whose connection
is to be terminated needs to secure an alternative service provider for anenvironment that enables Advance Filing. NACCS Center shall have noconcern with the securing of the alternative service provider.

2

In addition to what is provided in the preceding Paragraph, pursuant toagreements between NACCS Center and service providers, if a service
provider is considered to fall under the conditions listed below, theconnection between NACCS and the service provider’s system may beterminated. In such case, Filers using the service provider needs to promptly
secure an alternative service provider for an environment that enables
Advance Filing.
(i)

Service provider has not taken corrective action despite NACCS Center’s
repeated demands based on the fact that service provider is evidently inviolation of any term of this agreement or in non-compliance with the EDI
specification developed by NACCS Center.

(ii) Service provider has falsified data transmitted via service provider’ssystem from service provider users’ input-output devices to NACCS orfrom NACCS to service provider users’ input-output device.
(iii) Service provider has used or has attempted to use service provider
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(iv) Service provider has intentionally or negligently interfered with smooth
implementation of Advance Filing pursuant to paragraph 7 or paragraph 8of Article 15 of the Customs Law and thereby NACCS Center considers it
is inappropriate as the act of service provider; and service provider has
not taken corrective action despite NACCS Center’s repeated demands.
(v) Service provider has obstructed or is likely to obstruct the operation of
NACCS.
(vi) Service provider is subject to seizure, provisional seizure, public auction
due to national tax delinquent or other financial obligation service provider
is bound by, or is under proceedings for corporate or special liquidation,
corporate or civil rehabilitation or bankruptcy.
(vii) Service provider has received a notice of suspension or revocation of its
business license or revocation of its business registration by relevant
regulatory authorities.
(viii) Service provider is deemed to be in the conditions described in (vi) or (vii)
above or equivalent in the country where service provider is based.
(ix) Service provider has resolved to dissolve its corporation.
(x) Service provider has received a notice of or issued a dishonored check or
bill.

Chapter III Handling of Failures
1

In the case of finding any failure of NACCS or a service provider’s system,
NACCS Center shall immediately report to that effect on the Advance Filing
Rules website operated by NACCS Center.

2

If a Filer is unable to file electronically via NACCS due to a system failure of
NACCS or a service provider, the Filer may, if Japan Customs so instructs,
make the filing by a magnetic disk (including an object that may securely
record certain matters by an equivalent method) or submission of adocument. Filers shall receive from their service providers or check the
Advance

FilingRules

websiteof

NACCS

Centerfornecessarycommunication and information.
3

A Filer who is unable to make electronic filing due to reasons other thanthose described in the preceding paragraph shall seek directions onreporting methods from the contact specified by Japan Customs.

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Chapter IV Roles of NACCS Center and Disclaimers
Article 1. Operation Hours and Maintenance Obligation of NACCS Center
1

NACCS shall operate 24 hours a day except for maintenance hours.

2

In the case of suspending NACCS for maintenance or conducting statutory
inspections on power supply facilities, NACCS Center shall notify suchinformation through the methods specified by NACCS Center in advance.

3

NACCS Center shall maintain and improve the parts listed below andmaintain the performance based on their specifications.
(i)Computers and other devices comprising NACCS(ii) Lines connecting Network Backbone with NACCS(iii) Network Backbone and Access Lines including routers provided by
NACCS Center
4

NACCS Center may monitor or record communication situation in order toensure the security of NACCS.

Article 2. Disclaimers of NACCS Center
1

NACCS Center shall have no liability for any loss or damage a Filer has
incurred in relation to the use of Reporter ID, Reporter ID Issuance System,
and related services or Advance Filing.

2

NACCS Center does not guarantee the performance of the Reporter ID
Issuance System. The Reporter ID Issuance System is provided as it is, and
NACCS shall have no liability for any loss or damage a Filer has incurred inrelation to the system.

3

In case of emergency with respect to NACCS and the Reporter ID Issuance
System, NACCS Center may suspend or limit the use of these systems
without notice to Filers.

4

In case of any dispute arising between a Filer and a service provider or any
other third party, the Filer who is the party to the dispute shall resolve it at its
own responsibility and indemnify and hold harmless NACCS Center.

5

NACCS Center may change the content of services it provides withoutobtaining consent of Filers.

Chapter V Miscellaneous Provisions
1

A Filer must not assign nor transfer any rights and obligations arising fromconsent of the Terms and Conditions to any third party.
2

NACCS Center may, if deemed necessary, revise these Terms and

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Conditions without prior notice, and the revised Terms and Conditions shallbe deemed to have been agreed upon with the fact of Advance Filing after
the revision. However, in the case of a change that is considered by NACCS
Center to have a significant impact on Filers, such a change will be reported
in advance within a reasonable time.
3

Any claim or controversy arising out of or relating to this Terms andConditions or the breach thereof shall be settled by court of first instanceof Tokyo District Court which shall have exclusive original jurisdiction
over all proceedings.

4

Any dispute resolution shall be governed and construed in accordance withthe laws of Japan.

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