2010年2月12日金曜日

Enhancement of Customs Penalty in Japan

On February 9, 2010, Ministry of Finance ("MOF") announced on Customs web site that they will increase penalty amount of customs compliance violation by amending Customs Law.
The draft of the amendment law have been through Cabinet Decision and submitted to the National Diet. The amendment of the law will be on April 01, 2010. (*)
Followings are the quick outline of the penalty enhancement.

  • Penalty of Customs Duty evasion
    Amendment of: Customs Law Article 110.
    Current: Imprisonment with work for not more than five years or a fine of not more than five million yen, or both
    Amendment: imprisonment with work for not more than ten years or a fine of not more than ten million yen, or both
    Reason: With the growing complexity of global trade, and with more vicious and skillful duty evasion method, MOF decided to increase the penalty amount. Also, considered being in line with the penalty amount of other economic crime or domestic tax evasion penalty.

  • Penalty of violation of prohibited export/import items (for Narcotic, marijuana etc.)
    Amendment of: Customs Law Article 108-4, and 109.
    Current: imprisonment with work for not more than seven years or a fine of not more than thirty million yen, or both
    Amendment: imprisonment with work for not more than ten years or a fine of not more than thirty million yen, or both
    Reason: Increase of illegal import of Narcotic. To have reasonable balance with other relevant crime related laws, and with the Customs Duty evasion.

  • Penalty of violation of prohibited export/import items (for Intellectual Property Infringement items etc.)
    Amendment of: Customs Law Article 108-4, and 109.
    Current: imprisonment with work for not more than seven years or a fine of not more than seven million yen, or both
    Amendment: imprisonment with work for not more than ten years or a fine of not more than ten million yen, or both

(Source: http://www.customs.go.jp/kaisei/horitsu.htm#kz220209 )

(*) According to MOF officer, the implementation of the penalty provision is likely to be in June 2010, as it is required to have certain period to make known to the public.

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