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SPECIAL MEASURES LAW
CONCERNING THE HANDLING OF LEGAL
BUSINESS BY FOREIGN LAWYERS
(Law No. 66 of 1986)
(Extract)
(Amendment: Law No.
128 of 2003)
Chapter I . General Provisions
(Purposes)
Article 1 . The purposes of this law are to ensure the stability in
relation to international business law affairs and to contribute to the
improvement of the handling of legal business concerning Japanese law in
foreign countries, by taking such special measures as opening the way whereby
a person who is qualified to become a foreign lawyer can handle legal
business concerning foreign law in Japan and regulating the handling of such
legal business as in the case of a bengoshi.
(Definitions)
Article 2 . In this law, the meaning of the terms listed in the following
items shall be set forth in the item concerned:
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(
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1
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)
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bengoshi; this shall mean a person provided for in the
Bengoshi Law (Law No. 205 of 1949).
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(
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1-2
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)
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legal profession corporation: this shall mean a legal
profession corporation provided for in the Bengoshi Law.
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(
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2
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)
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foreign lawyer; this shall mean a person who handles
legal business as a profession in a foreign country (in the case of a
federal country specified by the Ministry of Justice Ordinance, the term
"foreign country" shall mean its constituent unit such as a
state, territory and others specified by Ministry of Justice Ordinance;
hereinafter the same) and who corresponds to a bengoshi above.
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(
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3
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)
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gaikokuho-jimu-bengoshi; this shall mean a person who
has obtained the approval provided for in Article 7 and has obtained the
registration in the Register provided for in Article 24.
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(
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4
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)
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~ (10) omitted
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(
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11
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)
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international arbitration case; this shall mean a case
of civil arbitration which is conducted in Japan and all or part of whose
parties are persons who have addresses or main offices or headquarters in
foreign countries.
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(12) ~ (15) omitted
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Chapter II . Functions of a Gaikokuho-Jimu-Bengoshi
(Functions)
Article 3. 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:
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(1)
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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.
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(2)
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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.
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(3)
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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.
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(4)
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service of documents in regard to the procedures taken
for a foreign court or administrative agency.
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(5)
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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).
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(6)
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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.")
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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:
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(1)
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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 acquision or loss or
change of rights concerning real property situated in Japan or industrial
property rights, etc.
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(2)
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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.
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(3)
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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.
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(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.
(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).
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.
Chapter IV . Registration, Practice and Supervision
of
a Gaikokuho-Jimu-Bengoshi
Section 2. Registration of a Gaikokuho-Jimu-Bengoshi
Sub-Section 1. Register of Gaikokuho-Jimu-Bengoshi
(Registration)
Article 24. A person who is qualified to become a gaikokuho-jimu-bengoshi
shall be required, for becoming a gaikokuho-jimu-bengoshi, to obtain
registration of his or her name, date of birth, nationality, name of the
country of primary qualification, address in Japan, office, name of the bar
association to which he or she belongs and other matters as are to be
stipulated by the regulations of the Japan Federation of Bar Associations, in
the Register of Gaikokuho-Jimu-Bengoshi kept by the Japan Federation of Bar
Associations.
2. omitted
Section 4. Discipline of a Gaikokuho-Jimu-Bengoshi
Sub-Section 1. Disciplinary Action
(kinds of disciplinary action)
Article 52. There shall be four kinds of disciplinary action as follows:
(1) reprimand
(2) suspension of practice for not more than two years
(3) order to secede from the bar association
(4) disbarment
Chapter V . Miscellaneous Provisions
(Representation by a foreign lawyer in regard to the procedures for an
international arbitration case)
Article 58-2. A person who is a foreign lawyer (excluding a person who is
a gaikokuho-jimu-bengoshi) and is engaged in legal business, on the basis of
the qualification to become such foreign lawyer, in a foreign country
(excluding a person who is employed and is providing services in Japan, based
on his or her knowledge of foreign law) may, notwithstanding the provision of
Article 72 of the Bengoshi Law, perform representation in regard to the
procedures for an international arbitration case which he or she was
requested to undertake or undertook in such foreign country. However, this
shall not apply when he or she is under suspension of practice by an action
under any law or regulation, etc. of a foreign country which corresponds to a
disciplinary action prescribed in Item (2) of Article 52 of this law or Item
(2) of Article 57 of the Bengoshi Law.
(Tentative Translation)
http://www.jcaa.or.jp/e/arbitration-e/kisoku-e/kaiketsu-e/special.html
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