National Report on the Implementation of Programme of Action (PoA) to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects
- Government of Japan -
1. Laws, Regulations and Other Measures (Section II, paragraph 2 & 3 of PoA)
Japan already has a legal system strictly regulating the manufacture, possession, and transfer of firearms including small arms and light weapons. In addition, as a nation dedicated to peace, Japan does not export arms. Civilian possession of firearms is about 400,000, or less than 0.5% of the total population. Homicides resulting from the use of firearms are only about 50 per year. Thus, Japan by no means is a gun-prevalent society.
(1) Laws and Regulations
(A) Firearms and Swords Control Law
Aim. The Law (promulgated on March 10 1958, Law No.6) aims to prohibit, in principle, the possession of firearms and swords. Of firearms, the import of handguns, military rifles, machine guns and guns is also prohibited, in principle.
Specific provisions. In this Law "firearms" are defined as handguns, military rifles, machine guns, guns, hunting guns, any other firearms charged with gunpowder, and air guns (Article 2, paragraph 1). Import of firearms in violation of Article 3, paragraph 4 is liable to penalties of 3 to 15 years imprisonment. Import for profit is liable to penalties of 5 to 15 years or life imprisonment, or 5 to 15 years or life imprisonment and a fine of up to 10 million yen.
(B) Ordnance Manufacturing Law
Aim. The Law (promulgated on August 1 1953, Law No. 145) aims to regulate the manufacture, sales, etc. of ordnance, hunting guns, etc. in order to ensure public safety. Manufacturing activity of ordnance requires authorization.
Specific provisions. In this Law "ordnance" is defined as "firearms", "their ammunition", "explosives" and "mechanical device that drops or ejects explosives", or their parts. Manufacture of ordnance requires permission by the Minister of Economy, Trade and Industry (Articles 3 & 4). Violation is liable to penalties of 3 to 15 years imprisonment. Violation for profit is liable to penalties of 5 to 15 years or life imprisonment, or 5 to 15 years or life imprisonment and a fine of up to 5 million yen(Article 31).
(C) Explosives Control Law
Aim. The Law (promulgated on May 4 1950, Law No. 149) aims to regulate the manufacture, sales, stockpiling, transportation, consumption, etc. of explosives in order to prevent explosives-related disasters and to ensure public safety.
Specific provisions. In this Law "explosives" are defined as "gunpowder," "explosives" and "related products" (Article 2, paragraph 1). Their manufacture requires permission by the Minister of Economy, Trade and Industry (Articles 3 & 4). Violation is liable to penalties of 3 years or less imprisonment, or a fine of up to 1million yen (Article 58).
(D) Foreign Exchange and Foreign Trade Law
Aim. The Law (promulgated on December 1 1949, Law No. 228) aims to control and coordinate external trade only to the minimum extent needed, in order to foster its healthy development, balance of payments and the stability of currency. This is the basic law of Japan governing external trade.
Specific provisions. Export of arms from Japan requires permission by the Minister of Economy, Trade and Industry under Foreign Exchange and Foreign Trade Law (Article 48, paragraph 1) and Export Trade Control Order (promulgated on December 1 1949, Order No. 378). Violation is liable to penalties of 5 years or less imprisonment or a fine of up to 2 million yen, or both; however, if five times of the value of exported arms exceeds 2 million yen, a fine of up to that amount (Article 69-6).
(E) Customs Tariff Law/Customs Law
Aim. Customs Tariff Law (promulgated on April 15 1910, Law No. 54) and Customs Law (promulgated on April 2 1954, Law No. 61) comprise basic legislation of Japan governing its customs system. While Customs Law provides for the substance and procedures related to the assessment, payment and collection of customs as well as the export/import control of goods, Customs Tariff Law provides for the tariff rate of customs.
Specific provisions. Customs Tariff Law prohibits the import of "handguns, military rifles, machine guns, guns and their ammunition and parts" (Article 21, paragraph 1, sub-paragraph 2). Violation is liable to penalties of 5 years or less imprisonment or a fine of up to 30 million yen, or both (Customs Law, Article 109, paragraph 1).
(F) Self-Defense Forces Law/International Peace Cooperation Law
Aim. Self-Defense Forces personnel and personnel engaged in international peace cooperation assignments are permitted to possess weapons for accomplishment of their mission under the law.
Specific provisions. Self-Defense Forces Law (promulgated on June 9 1954, Law No. 165) permits officers of Self-Defense Forces to possess weapons (Article 87). International Peace Cooperation Law (promulgated on June 19 1992, Law No. 79) also permits personnel engaged in international peace cooperation assignments to possess weapons (Article 22 and 23) .
(2) Other Measures
(A) Three Principles on Arms Export
As are mentioned above, export of arms from Japan requires permission from the Minister of Economy, Trade and Industry under Foreign Exchange and Foreign Trade Law and Export Control Order. Three Principles on Arms Export was announced by the Cabinet of Prime Minister Eisaku Sato in April 1967 as a guideline in implementing the above Law and Order. The Three Principles are (a) not to permit the export of arms to communist countries, (b) to UN Security Council embargo countries, and (c) to countries involved in or likely to be involved in international conflicts. (Hunting guns and sport guns are not regarded as "arms".)
(B) Unified View of the Government on Arms Export
In connection with the above Three Principles, Unified View of the Government on Arms Export was announced by the Cabinet of Prime Minister Takeo Miki in February 1976. According to this Unified View, Japan as a nation dedicated to peace decided, in order not to exacerbate international conflicts, (a) not to permit the export of arms to the countries or regions restricted in the Three Principles, (b) to refrain from the arms export to other areas not included in the Three Principles in conformity with the spirit of the Japanese Constitution and Foreign Exchange and Foreign Trade Law, and (c) also to treat the equipment for arms production in the same category as arms.
(3) Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing UN Convention Against Transnational Organized Crime (Preamble, paragraph 20 of PoA)
Japan actively participated in the negotiations of the Protocol, and signed it on December 2002.
2. National Coordination Mechanism and National Point of Contact (Section II, paragraphs 4 & 5 of PoA)
National Point of Contact: Conventional Weapons Division, Ministry of Foreign Affairs.
3. Marking (Section II, paragraphs 7 & 8 of PoA)
It is the established practice in Japan to mark in principle each small arm and light weapon with the name of manufacturer and a serial number at the time of manufacture. On the other hand, no export of arms is permitted in principle even when they are marked (Foreign Exchange and Foreign Trade Law).
4. Record Keeping and Tracing (Section II, paragraphs 9 & 10 of PoA)
All small arms and light weapons for defense purposes as well as firearms for police purposes are marked and their records are kept. Further, records of all firearms legally permitted to be owned by civilians are kept. Accordingly, this record-keeping system, together with the marking system mentioned in 3 above, contributes to the tracing of firearms including small arms and light weapons.
5. Export Authorization System and Embargoes (Section II, paragraphs 11 ~ 13 and 15 of PoA)
Japan does not export arms in accordance with its laws, regulations and other measures referred to in 1 above. (Hunting guns and sport guns are not regarded as "arms".) Also, the export of arms to areas under the UN Security Council embargoes is prohibited by Foreign Exchange and Foreign Trade Law.
6. Brokering Activities (Section II, paragraph 14 of PoA)
Foreign Exchange and Foreign Trade Law restricts illegal brokering activities. To serve as an intermediary in the international trade of arms is restricted also (Article 25, paragraph1, sub-paragraph 2). Those who engage in such trade without permission will be liable to penalties of 5 years or less imprisonment or a fine of up to 2 million yen, or both; however, if five times of the value of exported arms exceeds 2 million yen, a fine of up to that amount (Article 69-6)
7. Stockpile Management and Disposal (Section II, paragraphs 16~20 of PoA)
(1) All small arms and light weapons needed for defense purposes require to be stored, securely locked, and their types, numbers, etc. verified on a daily basis.
(2) Each firearm carried by a police officer requires to be registered in a record-keeping book each time it is taken out from and returned to the armory.
(3) Civilians who own firearms (hunting guns and sport guns) under permission are required to bring them to police once a year for inspection. By Firearms and Swords Control Law and related regulations the owners of such firearms are required to store them in gun lockers. Records of firearms owned by civilians are kept both at the prefecture and national levels (registers at the prefecture level, and data at the national level).
8. DDR Programmes (Section II, paragraphs 21,22,30, 34 and SectionIII, paragraph 16 of PoA)
As a part of assistance activities to the countries affected by the problem of small arms and light weapons, Japan carries out DDR (disarmament, demobilization and reintegration of former combatants) programmes in Afghanistan (35 million US dollars) and Sierra Leone (2.46 million US dollars).
9. Regional and International Cooperation Among Law Enforcement, Border and Customs Control Agencies (Section II, paragraphs 27 & 37, and Section III, paragraphs 7 & 9 of PoA)
(1) Japan actively cooperates with law enforcement/judicial authorities of other countries as well as international organizations such as Interpol (ICPO) in criminal investigations through information exchange, etc.
(2) Japan's police system operation, Koban system, investigation technique, and criminal identification technique are highly regarded in many other countries and at their requests, Japan has been offering technical assistance in such fields by organizing seminars. In extending such technical cooperation, Japan not only invites police officers to Japan for training, but also sends its experts to such regions as Asia, Central and Latin America, since on-the-job training is important.
10. International Legal Instruments Against Terrorism (Section II, paragraph 38 of PoA)
Japan ratified all the following twelve international legal instruments against terrorism.
(1) Convention on Offenses and Certain Other Acts Committed on Board Aircraft
(2) Convention for the Suppression of Unlawful Seizure of Aircraft
(3) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
(4) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents
(5) International Convention against the Taking of Hostages
(6) Convention on the Physical Protection of Nuclear Material
(7) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971
(8) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
(9) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf
(10) Convention on the Marking of Plastic Explosives for the Purpose of Detection
(11) International Convention for the Suppression of Terrorist Bombings
(12) International Convention for the Suppression of the Financing of Terrorism
11. International Cooperation for the Implementation of Programme of Action (Section III, paragraph 3 of PoA)
(1) From the very beginning Japan actively worked for the convening of the United Nations Conference on small arms and light weapons for the adoption of the Programme of Action, and after the adoption, for its implementation. More specifically, Japan organized "Tokyo Follow-up Meeting of the UN Conference" in January 2002, "Regional Seminar for Pacific Island Countries on Implementing the UN PoA" in Tokyo in January 2003, and together with the UN Department for Disarmament Affairs and Indonesia, "Regional Seminar on the Implementation of the PoA" in Bali in February 2003.
(2) Japan cooperated with the UN Department for Disarmament Affairs in the dispatch of fact-finding missions to Sri Lanka and Bougainville, Papua New Guinea. In Sri Lanka, the mission assisted the establishment of national coordination mechanism and national point of contact. Also, Japan has been financially supporting the UN Department for Disarmament Affairs and the UN Institute for Disarmament Research in their activities related to small arms and light weapons (about 3.35 million US dollars).
(3) In Cambodia, Japan is carrying out a small arms collection project which focuses on regional developments in return for collected weapons, support for weapons registration system, and public awareness-raising (about 3.68 million US dollars).
12. Capacity-Building (Section III, paragraph 6 of PoA)
As mentioned already, Japan offers capacity-building assistance at the request of countries concerned. More specifically, Japan assists in capacity-building in countries affected by the problem of small arms and light weapons through DDR programmes referred to in 8 above, technical cooperation related to police referred to in 9 (2) above, and projects related to small arms and light weapons referred to in 11 (2) and (3) above.
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