SPECIAL MEASURES LAW
CONCERNING THE HANDLING OF LEGAL
BUSINESS BY FOREIGN LAWYERS
(Law No. 66 of 1986)
(Amendment: Law No. 128 of 2003)
Chapter I . General Provisions
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.
Article 2 . In this law, the meaning of the terms listed in the following items shall be set forth in the item concerned:
||bengoshi; this shall mean a person provided for in the Bengoshi Law (Law No. 205 of 1949).
||legal profession corporation: this shall mean a legal profession corporation provided for in the Bengoshi Law.
||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.
||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.
||~ (10) omitted
||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.
|(12) ~ (15) omitted
Chapter II . Functions of a Gaikokuho-Jimu-Bengoshi
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:
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:
||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.
||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.
||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.
||service of documents in regard to the procedures taken for a foreign court or administrative agency.
||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).
||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.")
||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.
||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.
||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.
(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
Section 2. Registration of a Gaikokuho-Jimu-Bengoshi
Sub-Section 1. Register of Gaikokuho-Jimu-Bengoshi
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.
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:
(2) suspension of practice for not more than two years
(3) order to secede from the bar association
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.