# LAW CONCERNING SPECIAL PROVISIONS FOR THE NARCOTICS AND PSYCHOTROPICS CONTROL LAW, ETC. AND OTHER MATTERS FOR THE PREVENTION OF ACTIVITIES ENCOURAGING ILLICIT CONDUCTS AND OTHER ACTIVITIES INVOLVING CONTROLLED SUBSTANCES THROUGH INTERNATIONAL COOPERATION

(Law No. 94 of 5 October, 1991)

## (Purpose)

Article 1.

This law shall, in addition to the provisions of the Narcotics and Psychotropics Control Law (Law No. 14 of 1953), the Cannabis Control Law (Law No. 124 of 1948), the Opium Law (Law No. 71 of 1954), and the Stimulants Control Law (Law No. 252 of 1951), set forth special provisions for these Laws and other relevant laws and other necessary matters, in the light of the importance of eliminating, through international cooperation, major factors contributing to the commission of illicit conducts involving controlled substances, by confiscating drug offense proceeds derived from drug offences, and with a view to preventing activities encouraging illicit conducts and other activities involving controlled substances, and to ensure the due implementation of the international covenants in this respect.

## (Definitions)

Article 2.

In this Law, a "controlled substance" means any narcotic or psychotropic designated in the Narcotics and Psychotropics Control Law, any cannabis designated in the Cannabis Control Law, any opium or poppy straw designated in the Opium Law and any stimulant designated in the Stimulants Control Law.

2. In this Law, a "drug offense" means any offense enumerated in the following.

(1) an offense specified in Article 5, Article 8 or Article 9

(2) an offense specified in Article 64, Article 64-2, Article 65, Article 66, Article 66-3, Article 66-4, Article 68-2 or Article 69-5 of the Narcotics and Psychotropic Control Law

(3) an offense specified in Article 24, Article 24-2 or Article 24-7 of the Cannabis Control Law

(4) an offense specified in Article 51, Article 52 or Article 54-3 of the Opium Law

(5) an offense specified in Article 41, Article 41-2 or Article 41-11 of the Stimulants Control Law

(6) an offense specified in Article 67 or Article 69-2 of the Narcotics and Psychotropics Control Law, in Article 24-4 of the Cannabis Control Law, in Article 53 of the Opium Law or in Article 41-6 of the Stimulants Control Law

(7) an offense specified in Article 68 or Article 69-4 of the Narcotics and Psychotropics Control Law, in Article 24-6 of the Cannabis Control Law, in Article 54-2 of the Opium Law or in Article 41-9 of the Stimulants Control Law

3. In this Law, "drug offense proceeds" mean any property obtained through the action of a drug offense or obtained in reward for such criminal conduct, or any money involved in an offense referred to in Item (7) of the preceding paragraph.

4. In this Law, "property derived from drug offense proceeds" means any property obtained as the fruit of or in exchange for drug offense proceeds or any property obtained in exchange for such property so obtained, or any other property obtained through the possession or disposition of drug offense proceeds.

5.In this Law, "drug offense proceeds or the like" mean drug offense proceeds, property derived from drug offense proceeds or any other property in which any drug offense proceeds or property derived from drug offense proceeds is mingled with other property.

## (Special Provisions for Landing Procedures)

## Article 3

When a foreigner suspected to be a person designated in Paragraph 1 (6) of Article 5 of the Immigration Control and Refugee Recognition Law (Cabinet Ordinance No.319 of 1951; hereinafter referred to as the "Immigration Control Law") makes an application provided for in Paragraph 2 of Article 6 of the Immigration Control Law, the immigration inspector may, notwithstanding the provision of Paragraph 1 of Article 9 of the Immigration Control Law, issue a stamp of landing permission provided for in Paragraph 1 of Article 9 of the Immigration Control Law on such foreigner's passport upon the examination specified in Paragraph 1 of Article 7 of the Immigration Control Law of matters other than those specified in Paragraph 1 (6) of Article 5 of the Immigration Control Law, if the immigration inspector has been informed by the Minister of Justice that there has been notice from a public prosecutor or a request from a judicial police official (limited to narcotics control officers, prefectural narcotics control officials, police officers or maritime safety officers; the same shall apply in the succeeding paragraph and Paragraph 1 of the succeeding article) that it is necessary to have such foreigner land for the investigation of a drug offense and that it is deemed that