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

Chapter III. Qualification to Become a Gaikokuho-Jimu-Bengoshi

Section 1. Approval by the Minister of Justice

(Qualification to become a gaikokuho-jimu-bengoshi)

Article 7. A person who is qualified to become a foreign lawyer may be qualified to become a gaikokuho-jimu-bengoshi only when he or she has obtained the approval of the Minister of Justice.

(Grounds for disqualification)

Article 8. The provisions of Article 6 of the Bengoshi Law shall apply mutatis mutandis to the qualification to become a gaikokuho-jimu-bengoshi.

(Application for approval)

Article 9.

1. A person who intends to obtain the approval provided for in Article 7 (hereinafter referred to as "approval") shall submit to the Minister of Justice a written application for approval which contains his or her name, date of birth, nationality, address, date of acquisition of qualification to become a foreign lawyer, name of the foreign country in which he or she acquired such qualification (in the next Article referred to as "country of acquisition of qualification"), his or her title as such foreign lawyer and such other matters as are to be stipulated by the Ministry of Justice Ordinance.
2. A written application for approval mentioned in the preceding paragraph shall be accompanied by the document verifying the acquisition of qualification to become a foreign lawyer, documents verifying that all the standards set forth in each item of Paragraph 1 of the next Article are met and other documents provided for by the Ministry of Justice Ordinance
3. A person who intends to obtain the approval shall pay a fee in the amount which shall be stipulated by the Cabinet Order taking actual expenses into consideration.

(Standards for approval)

Article 10.

1. The Minister of Justice may not give approval to those who make the application in accordance with the provisions of Paragraph 1 of the preceding Article (hereinafter referred to as "applicant for approval") unless they conform with the standards listed below:
   • (1) the applicant is qualified to become to a foreign lawyer and has the experience of having engaged in practice as a foreign lawyer in the country of acquisition of qualification for three years or more after acquiring it (including the experience of a foreign lawyer in the country of acquisition of qualification, of having engaged in legal business concerning the law of the country of acquisition of qualification, on the basis of the qualification to become a foreign lawyer, in a foreign country other than the country of acquisition of qualification).
   • (2) he or she does not come under any one of the following categories:
     • (a) a person who has been sentenced to a punishment under any law or regulation, etc. of a foreign country which corresponds to imprisonment without labor or heavier penalties under Japanese laws.
     • (b) a person who has been given a court decision under any law or regulation, etc. of a foreign country which corresponds to a decision of dismissal by the Impeachment Court under Japanese laws.
     • (c) a person who has been disciplined by a punishment under any law or regulation, etc. of a foreign country which corresponds to a disciplinary action prescribed in Item (3) of Article 6 of the Bengoshi Law, in cases where three years have not passed after the imposition of that punishment.
     • (d) a person who is being treated under any law or regulation, etc. of a foreign country as a person similar to an incompetent or quasi-incompetent or a bankrupt who has not been reinstated under Japanese laws.
   • (3) he or she has the will to perform his or her functions faithfully and has a plan, residence and financial basis for performing such functions properly and steadily and also has the ability to compensate for damages which he or she may cause to his or her clients.
2. In cases where a person who is qualified to become a foreign lawyer was in the employment of a bengoshi or a gaikokuho-jimu-bengoshi in Japan after he or she was qualified to become a foreign lawyer, the provision of his or her services to the bengoshi or to the gaikokuho-jimu-bengoshi, based on his or her knowledge of the law of the country of acquisition of qualification, shall be regarded as his or her experience of having engaged in practice as a foreign lawyer in the country of acquisition of qualification, within the limits of one year in total, for purposes of the application of the provisions of Item (1) of the preceding paragraph.
3. Even in cases where an applicant for approval meets the standards set forth in all the items of the Paragraph 1, the Minister of Justice may not give approval unless any one of the following situations exists:
   • (1) In cases where a person who is qualified to become a bengoshi can receive in the foreign country mentioned in Item (1) of Paragraph 1 substantially equivalent treatment as accorded by this law.
   • (2) In cases where a person who is qualified to become a bengoshi cannot receive in the foreign country mentioned in Item (1) of Paragraph 1 substantially equivalent treatment as accorded by this law, and the non-approval on this ground violates the sincere implementation of the treaties or other international agreements.
4. The Minister of Justice shall ask the opinion of the Japan Federation of Bar Associations before he or she gives the approval.

(Public notice of approval, etc.)

Article 11.

1. When the Minister of Justice has given his or her approval, he or she shall, without delay, notify in writing the applicant for approval and the Japan Federation of Bar Associations to that effect and put up a public notice in the Official Gazette.
2. The approval shall be effective as from the date of the public notice mentioned in the preceding paragraph.

(Lapse of approval)

Article 12. In cases where a person who has obtained the approval does not make the request provided for in Paragraph 1 of Article 25 within six months from the day following the date of the public notice provided for in Paragraph 1 of the preceding Article, or within six months from the day following the date of rescission of the registration upon his or her request provided for in Article 29, the approval shall lose its effect.

(Reports, etc.)

Article 13.

1. The Minister of Justice may, when he or she deems it necessary, demand reports or data from the person who has obtained the approval, on the matters concerning the standards set forth in any of the items of Paragraph 1 of Article 10 or the matters concerning the treatment given by the country of primary qualification to a person who is qualified to become a bengoshi.
2. The Minister of Justice may, when he or she deems it necessary for handling the business concerning approval, refer to and demand information on necessary matters from any public office or public or private organization.

(Rescission of approval)

Article 14.

1. The Minister of Justice shall, when a person who has obtained the approval comes under any one of the following items, rescind his or her approval:
   • (1) when he or she has lost the qualification to become a foreign lawyer in the country of primary qualification.
   • (2) when he or she has come under any one of the items of Article 6 of the Bengoshi Law (except Item (2)) which applies mutatis mutandis pursuant to Article 8 of the Law.
   • (3) when his or her registration has been refused under the provisions of Article 26.
   • (4) when his or her registration has been rescinded under the provisions of Paragraph 2 of Article 30.
2. The Minister of Justice may, when a person who has obtained the approval comes under any one of the following items, rescind his or her approval:
   • (1) when it is found that he or she has made a false statement regarding an important matter or omitted the statement of an important fact in the written application for approval under Paragraph 1 of Article 9 or in a document attached thereto under Paragraph 2 of the same Article.
   • (2) when he or she no longer meets the standards set forth in Item (2) of Paragraph 1 of Article 10.
   • (3) when such rescission is deemed unavoidable to prevent the loss which his or her clients are likely to suffer, due to the marked deterioration of his or her business operations or financial condition.
   • (4) when he or she has failed to submit reports or data under Paragraph 1 of the preceding Article on the matters concerning the standards set forth in each item of Paragraph 1 of Article 10 or submitted a false report or data.
3. In cases where any one of the following situations arises after the approval, the Minister of Justice may, as regards those persons who have obtained the approval with that country as the country of primary qualification, rescind his or her approval for them.
   • (1) In cases where a person who is qualified to become a bengoshi can no longer receive in a foreign country substantially equivalent treatment as accorded by this law, and the rescission of the approval on this ground does not violate the sincere implementation of the treaties or other international agreements.
   • (2) In cases where a person who is qualified to become a bengoshi cannot yet receive in a foreign country substantially equivalent treatment as accorded by this law, and the rescission of the approval on this ground does no longer violate the sincere implementation of the treaties or other international agreements.
4. The provisions of Paragraph 4 of Article 10 and Article 11 shall apply mutatis mutandis to the rescission of approval mentioned in the preceding three paragraphs.

 

Article 15. Deleted