## Section4 Countermeasures against Criminal Proceeds by the Police

From the perspectives of confiscating the financial bases of criminal organizations, the police have been promoting countermeasures against criminal proceeds by, among others, cracking down on illegal acts and other fund raising activities undertaken by Boryokudan. The Act on the Prevention of Transfer of Criminal Proceeds is expected to make these countermeasures more effective with the cooperation of a wide range of business operators who may deal with criminal proceeds. The National Police Agency, playing a central part in enforcing the law, issued "the Guideline for Promotion of the Criminal Proceeds Control" with the notice of the Deputy Commissioner General of the National Police Agency dated April 26, 2007. In order that the police departments in Japan collectively strengthen measures against criminal proceeds, the Guideline clarifies fundamental items and ideas of these measures.

Fundamental items in carrying out measures against criminal proceeds indicated by "the Guideline for Promotion of the Criminal Proceeds Control" are composed of four principles and six promoting items as follows:

## 1 Principles for countermeasures against criminal proceeds

(1) Promotion of voluntary efforts by specified business operator and the promotion of public awareness

(2) Analysis and utilization of information on criminal proceeds

(3) Regulations of crimes related to criminal proceeds and promotion of deprivation of criminal proceed

(4) Promotion of international cooperation of criminal proceeds control

## 2 Promoting items of countermeasures against criminal proceeds

(1) Arrangement of the promotion of a system of countermeasures

The National Police Agency and each prefectural police should develop a system necessary for countermeasures against criminal proceeds. Each prefectural police establish a Task Force for fact-finding concerning criminal proceeds and develop the investigation system of crime related criminal proceeds.

(2) Promotion of voluntary efforts by specified business operators and increased public awareness The police should provide information on the transfer of criminal proceeds, instruction and advice to specified business operators and conduct public information and educational activities to deepen general understanding about AML/CFT measures.

(3) Collection, arrangement and analysis of information on criminal proceeds

The National Police Agency should collect, arrange, analyze and disseminate information on criminal proceeds. Each prefectural police department should collect the information necessary for effective countermeasures against criminal proceeds. Relevant sections in a police department should maintain close cooperation with one another.

(4) Promotion of countermeasures against criminal proceeds

The National Police Agency should provide instruction to and coordinate among prefectural police departments which investigate crimes related to criminal proceeds, as well as clarify actual conditions of criminal organizations, etc. Each prefectural police department should utilize STRs, apply the Act on the Punishment of Organized Crime, the Anti-Drug Special Provisions Law and other laws, while also promoting information collection activities.

(5) Promotion to deprive Criminal Proceeds

Measures to prevent the transfer criminal proceeds shall be properly carried out, by not only arresting suspects, but also by the locating of criminal proceeds and the pre-indictment