Anti-money laundering—Japan—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-money laundering—Japan—Q&A guide
  • 1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.
  • 2. Describe any specific powers to identify proceeds of crime or to require an explanation as to the source of funds.
  • 3. Which government entities enforce your jurisdiction’s money laundering laws?
  • 4. Can both natural and legal persons be prosecuted for money laundering?
  • 5. What constitutes money laundering?
  • 6. Is there any limitation on the types of assets or transactions that can form the basis of a money laundering offence?
  • 7. Generally, what constitute predicate offences?
  • 8. Are there any codified or common law defences to charges of money laundering?
  • 9. What is the range of outcomes in criminal money laundering cases?
  • More...

Anti-money laundering—Japan—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-money laundering in Japan published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Anderson Mōri & Tomotsune—Yoshihiro Kai

1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.

Japanese AML laws consist of the following three acts:

  1. the Act on Special Provisions for the Narcotics and Psychotropics Control Act, etc, and Other Matters for the Prevention of Activities Encouraging Illicit Conduct and Other Activities Involving Controlled Substances through International Cooperation (Act No. 94 of 1991) (the Anti-Drug Special Provisions Act);

  2. the Act on Punishment of Organised Crimes and Control of Crime Proceeds (Act No. 136 of 1999) (the Act on Punishment of Organised Crimes); and

  3. the Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007).

In 1992, the Anti-Drug Special Provisions Act was established to implement the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The Act criminalised money laundering activities and provided for the confiscation of criminal proceeds related to drug crimes. In 2000, the Act on Punishment of Organised Crimes was enforced, and the scope of predicated offences of money laundering was extended from drug-related crimes to other serious crimes.

The Act on Prevention of Transfer of Criminal

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