The outline of Ministerial Ordinance and Notification regarding
ABTC (APEC Business Travel Card)
(as of 28 July, 2005)
(1) Purpose (Article 1 of the Ministerial Ordinance)
The purpose is to provide the implementation and operation of ABTC Scheme so as to contribute to the facilitation of the trade and the investment in the APEC region.
(2) Definition of the words (Article 2 of the Ministerial Ordinance)
(3) Application Procedure (Article 3 of the Ministerial Ordinance)
Applicant must send application form and required documents to the Ministry of Foreign Affairs of Japan (hereinafter referred to as "MOFA") by mail or via Web Site of MOFA.
(4) Eligibility for the ABTC (Article 4 of the Ministerial Ordinance, Article 1 of the Notification)
The requirements for obtaining ABTC include the following:
An applicant:
- Must possess an effective Japanese passport
- Must not have made a false application
- Is not convicted of a criminal offence (Has not committed an offense against the Passport Law).
- Satisfies one of the conditions as follows:
- A member or a staff of the ABAC (APEC Business Advisory Council) Japan committee
- A manager or an employee who is in charge of trade or investment to overseas by a company whose sales of export and import amount to 100 million yen or more in the previous year, or whose investment amounts to 50 million yen or more in the past year.
- A manager or an employee who is in charge of trade or investment to overseas by a company which belongs to an organization composing the Support Council for ABAC Japan.
- A manager or an employee of a company which is engaged in trade or investment to overseas, who has visited and is considered to further visit ABTC member economies for businesses which especially contribute to disaster reconstruction.
- Who is not engaged in the following occupations:
- a professional athletes
- news correspondents
- entertainers
- musicians
- artists
- similar occupations to those referred to above.
(5) Pre-clearance (Article 5 of the Ministerial ordinance)
Once the application is considered appropriate, MOFA enquire with the participating economies for the validity of the card. The participating economies inform the result to Japan, after examining the application in accordance with the domestic laws (this is called "Pre-clearance".). Applicants can receive the card indicated with the names of all the participating economies that gave clearance for the issuance of an ABTC with its names indicated as destinations with regard to the applicants referred to in the enquiries as the destination.
(6) Card Issuance (Article 6 of the Ministerial Ordinance)
ABTC is mailed to each applicant.
(7) The term of validity of the ABTC (Article 7 of the Ministerial Ordinance)
The ABTC is valid for 3 years from the date of the issuance, or the period of validity of passport whichever is shorter.
(8) Modification of Card Validity (Article 8 of the Ministerial Ordinance)
An applicant who wants to add or delete destinations on its ABTC are requested to send application form and required documents to MOFA by mail or via Web Site of MOFA. When the applicant's old ABTC is returned, MOFA will issue a new ABTC in accordance with the procedure stipulated in Articles 3 to 7.
(9) Modification of the particulars of the Card (Article 9 of the Ministerial Ordinance)
In the case of modification of the particulars of the ABTC, such as the name of the ABTC holder etc, the applicant must apply for issuance under Article 3, after returning the old ABTC to MOFA.
(10) Modification of the particulars of the Card (Article 10 of the Ministerial Ordinance)
In case MOFA needs to correct the particulars of the ABTC, it can ask the ABTC holder to return the ABTC in order to issue the corrected ABTC.
(11) Report (Loss or Damage of Card) (Article 11 of the Ministerial Ordinance)
The ABTC holders must report the loss or damage of the ABTC to MOFA when the ABTC is lost or damaged seriously.
(12) Re-issuance (Loss or Damage of Card) (Article 12 of the Ministerial Ordinance)
- The ABTC holders who reported to MOFA pursuant to Article 11 can apply for re-issuance of the ABTC.
- When the ABTC is lost or damaged seriously overseas, the ABTC holder can apply for re-issuance of the ABTC after returning to Japan. The personnel of the company where the holder belongs or relatives of the holder can apply for re-issuance as the representative of the holder.
(13) Cancellation of Cards (Article 13 of the Ministerial Ordinance)
The ABTC will become invalid if it meets the following conditions:
- The ABTC holder dies or loses Japanese nationality.
- The applicant does not receive the ABTC by 6 months after issuance.
- The ABTC expires.
- The ABTC is returned to MOFA.
- The ABTC holder fails to return the ABTC to MOFA by the date notified.
- The ABTC holder reports the loss or damage of the ABTC pursuant to Article 11.
- All participating economies cancel the validity of the ABTC.
- It turns out that the ABTC holder is engaged activities with remuneration in the economy where the holder entered using his or her ABTC.
(14) Report (Article 14 of the Ministerial Ordinance)
When the ABTC holders lose eligibility for the ABTC after receiving ABTC, the ABTC holder and the employer of the ABTC holder have to report the fact to MOFA.
(15) Order to Return ABTC (Article 15 of the Ministerial Ordinance)
When the ABTC holders are proved not to meet the requirements for the ABTC after receiving ABTC, MOFA can order the ABTC holder to return the ABTC.
(16) Fee (Article 16 of the Ministerial Ordinance, Article 2 of the Notification)
The applicant who received the ABTC must pay the fee stipulated in the Notification of MOFA by the revenue stamp.
- New issuance of the ABTC: 13,100 yen
- Addition or deletion of destination: 6,800 yen
- Modification of the particulars of the ABTC or re-issuance after loss or serious damage: 8,000 yen
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