THE SPECIAL MEASURES LAW CONCERNING
THE HANDLING OF LEGAL BUSINESS BY FOREIGN LAWYERS
(The Foreign Lawyers Law)

Chapter II. Functions of a Gaikokuho-Jimu-Bengoshi

(Functions)

Article 3.

1. It shall be the functions of a gaikokuho-jimu-bengoshi to perform the legal business concerning the law of the country of primary qualification at the request of the parties concerned or other interested person, or, upon being entrusted by a public agency. However, the performance of the following legal business shall be excluded:
   • (1)representation in regard to procedures before a court, public prosecutor's office or other public agency in Japan, or the preparation of documents to be submitted to any such agency in regard to such procedures.
   • (2)activities in the capacity of a counsel in a criminal case, activities in the capacity of an attendant in a juvenile protection case before a family court, or legal assistance to a fugitive criminal in an extradition case in connection with a request for the examination of extraditability made with the court.
   • (3)expression of an expert opinion or other legal opinion as regards the interpretation or applicability of other laws than the law of the country of primary qualification.
   • (4)service of documents in regard to the procedures taken for a foreign court or administrative agency.
   • (5)representation in regard to the entrustment of preparation of notarial deeds under Item (5) of Article 22 of the Civil Execution Law (Law No. 4 of 1979).
   • (6)representation or the preparation of documents (excluding written expert opinions; hereinafter the same in this Article) in regard to a legal case whose primary objective is the acquisition or loss or change of rights concerning real property situated in Japan or of industrial property rights, mining rights or other rights arising upon registration thereof with an administrative agency in Japan or rights related to such rights (hereinafter referred to as "industrial property rights, etc.")
2. Even when it is a legal business that a gaikokuho-jimu-bengoshi may perform within the scope of his or her functions under the provisions of the preceding paragraph, he or she shall be required to perform it jointly with a bengoshi or after receiving written advice from a bengoshi in regard to the following matters:
   • (1)representation or the preparation of documents in regard to a legal case other than the legal case mentioned in Item (6) of the preceding paragraph, the purpose of which is the acquisition or loss or change of rights concerning real property situated in Japan or industrial property rights, etc.
   • (2)representation or the preparation of documents in regard to a legal case concerning family relations in which a Japanese national is involved as a party.
   • (3)representation or the preparation of documents in regard to a legal case concerning a will or contract of gift to become effective at death which involves a property situated in Japan or a legal case concerning the division or administration of estate or other matters of inheritance which involves a property situated in Japan and owned by a person who resided in Japan at the time of death and in which a Japanese national is involved as a party.

(Prohibition against handling legal business outside the scope of functions)

Article 4. A gaikokuho-jimu-bengoshi shall not perform any legal business outside the scope of the functions prescribed in Paragraph 1 of the preceding Article.

(Legal business concerning designated law)

Article 5.

1. A gaikokuho-jimu-bengoshi may, despite the provisions of the preceding Article, perform legal business concerning designated laws if he or she has had such laws designated in accordance with the provisions of Paragraph 1 of Article 16 and had the supplementary registration of such laws made in accordance with the provisions of Paragraph 1 of Article 34. However, the legal business listed in Items (1), (2) and (4) to (6) of Paragraph 1 of Article 3 and the expression of an expert opinion or other legal opinion regarding the interpretation or applicability of any law other than designated laws shall be excluded.
2. The provisions of Paragraph 2 of Article 3 shall apply mutatis mutandis in cases where a gaikokuho-jimu-bengoshi performs the legal business concerning designated laws in accordance with the provisions of the preceding paragraph.

(Legal business concerning the law of a specified foreign country other than the legal business concerning the designated law - legal business concerning the third country law)

Article 5-2.

1. A gaikokuho-jimu-bengoshi may, notwithstanding the provisions of Article 4, perform legal business concerning the law of a specified foreign country other than the legal business concerning the designated law (this shall mean the legal business dealing with a legal case the whole or a major portion of which is subject or is to be subject to the application of the law of such specified foreign country (what is called "third country law"); hereinafter in this Article and Item (4) of Article 63 referred to as "legal business concerning the law of a specified foreign country"), if he or she does so according to a written advice on each issue from any one of the persons listed as follows. However, the legal business listed in Items (1), (2) and (4) to (6) of Paragraph 1 of Article 3 and the expression of an expert opinion or other legal opinion regarding the interpretation or applicability of any law other than the law of such specified foreign country shall be excluded.
   • (1) a person who is a foreign lawyer in such specified foreign country (excluding a person who is a gaikokuho-jimu-bengoshi) and is engaged in legal business concerning the law of such specified foreign country on the basis of the qualification to become a foreign lawyer (excluding a person who is employed and is providing services in Japan, based on his or her knowledge of foreign law).
   • (2) a person who is a gaikokuho-jimu-bengoshi and whose law of the country of primary qualification or designated law is the law of such specified foreign country.
2. The provisions of Paragraph 2 of Article 3 shall apply mutatis mutandis to cases where a gaikokuho-jimu-bengoshi performs the legal business concerning the law of such specified foreign country in accordance with the provisions of the preceding paragraph.

(Representation in regard to the procedures for an international arbitration case)

Article 5-3. A gaikokuho-jimu-bengoshi may, notwithstanding the provisions of Article 3 to the preceding Article, perform representation in regard to the procedures for an international arbitration case (including the procedures for a compromise which accompanies such procedures for an international arbitration case; the same in Article 58-2).

(Application mutatis mutandis of Bengoshi Law, etc.)

Article 6.

1. The provisions of Articles 1 and 2 of the Bengoshi Law shall apply mutatis mutandis to a gaikokuho-jimu-bengoshi.
2. The provisions of Article 72 of the Bengoshi Law shall not apply to a gaikokuho-jimu-bengoshi.