Official Development Assistance (ODA)
Overview of Leniency Program
In the case where a person or an entity is found to have engaged in fraudulent practices in Japan’s ODA projects, the Government of Japan takes measures to exclude such person or such entity from participating in Japan’s ODA projects for a certain period of time.
Under our leniency program, companies involved in fraudulent practices are eligible for either exemption or reduction of suspension period subject to certain requirements by voluntarily reporting their fraudulent practices prior to one of the earliest among inquiries from Ministry of Foreign Affairs or the Japan International Cooperation Agency (JICA), arrest, prosecution, or dispositions by administrative agencies. Whether to grant exemption or reduction will be considered on a case-by-case basis, depending on timing of submission of the leniency application, maliciousness of the conduct, etc.
Leniency and Criminal Liability
Treatment of fraudulent practices under “Rules on Measures against Persons Engaged in Fraudulent Practices in Japan’s ODA Projects” and the legal enforcement such as criminal law is completely different. Therefore, even if our leniency is granted, criminal liability may remain. In addition, government officials are legally obliged to file an accusation with judicial authorities, etc., and the necessity of accusation based on this obligation is determined separately from consideration of our leniency.
For more information on our leniency, please refer to the following:
You may contact the following for a preliminary consultation on leniency: