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2008/SOM1/ACT/006
Agenda Item:5
Compilation of Each Economy’s Progress, Successes and Milestones - Japan
Purpose: Consideration
Submitted by: Japan
/ 6thAnti-Corruption and Transparency Task Force MeetingLima, Peru28-29 February 2008
1
AntiCorruptionand Transparency (ACT) TASK FORCE
COMPILATION OF EACH ECONOMY’S PROGRESS, SUCCESSES AND MILESTONES:
SANTIAGO COMMITMENT
APEC ANTICORRUPTION & TRANSPARENCY (act) cOURSE OF ACTION
BUSAN DECLARATION
HANOI ROAD MAP (TBD, 2006-2007)
DRAFT: 26April 2006
PREPARED BY THE FRIENDS OF THE ACT TASK FORCE CHAIR
AntiCorruptionand Transparency (ACT) TASK FORCE
ACTIONS
CAPACITY-BUILDING PROJECTS
KEY CONTACTS AND WEBSITES
Preliminary Drafts to be Presented at SOM III ACT Task Force Meeting
(Completed Drafts to be Presented in 2007)
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APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]
Action I. Take All Appropriate Steps Towards Ratification of, or Accession to, and Implementation of the UN Convention Against Corruption (UNCAC)[*]:(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (December 2007)
including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Intensify efforts to combat corruption and other unethical practices, strengthen a culture of transparency, ensure more efficient public management, and complete all appropriate steps to ratify or accede to, and implement the UNCAC. / Japan signed the UNCAC in December 2003 and its conclusionwas approved by the Diet in June 2006. A bill to amend the domestic lawsnecessary for the conclusion of the convention is now under consideration by the Diet. / After the passing of the amendment of the bill, Japan will conclude the convention.
Develop training and capacity building efforts to help on the effective implementation of the UNCAC’s provisions for fighting corruption. / The government has been providing appropriate training courses to the public officials and has strengthened their capacity to implement the Convention. / Japan will continue its efforts in this regard.
Work to strengthen international cooperation in preventing and combating corruption, the recovery and return of proceeds of corruption. / Japan has been actively promoting international cooperation through various measures.In the area of technical assistance, Japan has, mainly through JICA (Japan International Cooperation Agency), sent anti-corruption experts abroad and invited foreign officials to seminars, held in Japan, on human resource management etc. Japanhas also participatedactively in various international conferences and seminars. / Japan will continue international cooperation through providing technical assistances in support of the fight against corruption, and take part in various international initiatives, in particular, following up activities of 2nd COSP of UNCAC.
UNITED NATIONS CONVENTION AGAINST CORRUPTION
ECONOMY / SIGNATURES / RATIFICATIONAUSTRALIA / 9 December 2003 / 7 December 2005
BRUNEI DARUSSALAM / 11 December 2003
CANADA / 21 May 2004
CHILE / 11 December 2004
CHINA / 10 December 2003 / 13 January 2006
HONG KONG / *
INDONESIA / 18 December 2003
JAPAN / 9 December 2003
KOREA / 10 December 2003
MALAYSIA / 9 December 2003
MEXICO / 9 December 2003 / 20 July 2004
NEW ZEALAND / 10 December 2003
PAPUA NEW GUINEA / 22 December 2004
PERU / 10 December 2003 / 16 November 2004
THE PHILIPPINES / 9 December 2003
RUSSIA / 9 December 2003
SINGAPORE / 11 November 2005
TAIWAN / *
THAILAND / 8 December 2003
THE UNITED STATES / 9 December 2003
VIETNAM / 10 December 2003
APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]
Action II. Strengthen Measures to Effectively Prevent and Fight Corruption and Ensure Transparency by Recommending and Assisting Member Economies to:(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (December 2007)
including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Establish objective and transparency criteria that assure openness for merit, equity, efficiency for the recruitment of civil servants, and promote the highest levels of competence and integrity. / In the application ofthe National Public Service Act (NPSA), all citizens shall be accorded equal treatment and shall not be discriminated against by reason of race, religious faith, sex, social status,family origin, etc.
Appointment of any official shallbe made entirely based on the result ofhis/her examination and the merit of his/her performance of duties or otherdemonstrated abilities under the NPSA. / Japanwill continue to implement appropriate measures on the basis of the domestic law.
Adopt all necessary measures to enhance the transparency of public administration, particularly with regard to organization, functioning and decision-making processes. / Japan has been taking appropriate measures to enhance transparency of public administrations by various measures, for example by providing for the right to request the disclosure of administrative documentsbased on the Act on Access to Information Held by Administrative Organs.
Details can be found at ;
/ Japan will continue to enhance the transparency of public administration.
Develop and implement appropriate public financial disclosure mechanisms or codes of conduct for senior-level public officials. / Japan has been implementing appropriate public financial disclosure based on relevant domestic laws.
The NPSA defines national public officials as servants of all citizens and obliges them to perform their duties in the interest of the public. In addition to a wide range of disciplinary duties provided by the NPSA, the National Public Service Ethics Act (Ethics Act) and the National Public Service Ethics Code prohibit specific acts affecting people’s trust of the public service, such as receiving a gift of money, goods or real estate and accepting hospitality, etc., from an interested party.
Furthermore, the Ethics Act stipulates the following report systems. Senior officials shall report to their heads of ministries when they receive a gift or hospitality, etc., of monetary worth exceeding 5,000 yen . A copy of the report shall be sent to the National Public Service Ethics Board for screening (applicable only to officials at the rank of Designated Service or higher). The report shall be open to the public upon request (applicable only when exceeding 20,000 yen). Very senior officials shall report to their heads of ministries on annual transactions of stock and bonds, and annual income. A copy of the report shall be sent to the National Public Service Ethics Board for screening. / Japanwill continue to implement mechanisms which are put into place by relevant national legislations and regulations.
Institute effective government measures aimed at preventing corruption and ensuring transparency, including the implementation of the APEC Leaders Transparency Standards in all areas endorsed by Leaders: Government Procurement; Services; Investment; Competition Policy and Regulatory Reform; Standards and Conformance; Intellectual Property; Market Access; Customs Procedures; Business Mobility. / Japan has been taking appropriate measures to implement APEC Transparency Standards.
For example, as for government procurement,as a Party to the WTO Agreement on Government Procurement (GPA), in accordance with GPA Article 19, Japan has published any law, regulation, judicial decision, administrative ruling of general application, and any procedure regarding government procurement covered by GPA, in the publication listed in Appendix IV.
Recently, in order to enhance transparency, ministries and
agencies endeavor to publish laws and regulations of their own
jurisdictions on the Website.
Laws and Regulations can be retrieved from;
Also, ”KANPO” is the Official Journal of the Government of Japan. It serves immediate announcement of all formal public notices and information relating to legal procedures, including any changes of its laws, regulations procedures and administrative rulings.
Afford one another the widest measure of mutual legal assistance, in investigations, prosecutions and judicial proceedings related to corruption and other offences covered by the UNCAC. / In accordance with the Law for International Assistance in Investigation and Other Related Matters, the Act on the Punishment of Organized Crime, and the Law for Judicial Assistance to Foreign Courts, under the guarantee of reciprocity, Japan may provide evidence, execute a final adjudication of confiscation or collection of equivalent value or preservation therefor to or in favor of a foreign country.Further, it may grant to a foreign country the property and the like obtained by assisting the execution of a final adjudication of confiscation or collection. / To cope with international offenses that have increased over recent years and ensure expedited mutual legal assistance, Japan has concluded a mutual legal assistance treaty (MLAT) with two countries, and is now working with several other countries for the conclusion of an MLAT.
Designate appropriate authorities in each economy, with comparable powers on fighting corruption, to include cooperation among judicial and law enforcement agencies and seek to establish a functioning regional network of such authorities. / With countries which have concluded an MLAT with Japan, requests for assistance and other communication for the execution of requests can be made directly between the Central Authorities of the contracting Parties, not through the diplomatic channel. / Moreover, at the time of acceptance of the UNCAC, Japan will designate a central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution, in accordance with the article 46, para.13 of the UNCAC.
APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]
Action III. Deny Safe Haven to Officials and Individuals Guilty of Corruption:(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (December 2007)
including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Promote cooperation among financial intelligence units of APEC members including, where appropriate, through existing institutional mechanisms. / JAFIC has established information exchange mechanisms with FIU of 8 economies of APEC members so far. It is negotiating with the other APEC jurisdictionsto establish information exchange mechanisms. / JAFIC plans to establish information exchange mechanisms with FIUs of APEC jurisdictions.
Encourage each economy to promulgate rules to deny entry and safe haven, when appropriate, to Officials and individuals guilty of public corruption, those who corrupt them, and their assets. / Any foreign national who has been convicted of a violation of any law or regulation of Japan, or of any other country, and has been sentenced to imprisonment with or without work for 1 year or more, or to an equivalent penalty shall be denied permission for landing in Japanunder Article 5 of Immigration Control and Refugee Act.
Also, in accordance with the provisions of the Act on the Punishment of Organized Crime, the return of the criminalproceeds (including corruption) is implemented, and thus denies safe haven to corrupt officials. Moreover, on the basis of the Customer Identification Act, the financial institutions are required to identify their customers, and, the financial institutions are obliged to report suspicious transactions to JAFIC in accordance to the Act on Prevention of Transfer of Criminal Proceeds.
Implement, as appropriate, the revised Financial Action Task Force (FATF) 40 Recommendations and FATF’s Special Recommendations on Terrorist Financing. / “The Law for Prevention of Transfer of Criminal Proceeds” has been legislated and shall wholly come into force by March. 2008, for implementation of the revised FATF Recommendations, and this law shall;
・Obligate not only financial institution but also “non-financial business”, such as credit card companies, real estate agents, dealers in precious metals and stones etc., to conduct CDD, record-keeping and reporting STRs.
・Put professionals such as judicial scriveners and certified public accountants under the obligation to conduct CDD and record-keeping.
Work cooperatively, within the means of each economy, using mechanisms in the UNCAC, FATF, or other international initiatives and in accordance with domestic law, to investigate and prosecute corruption offenses and to trace, freeze, and recover the proceeds of corruption. / The National Police Agency regularly exchanges information with APEC members regarding investigation on corruption offenses.
APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]
Action IV. Fight Both Public and Private Sector Corruption:(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (December 2007)
including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Develop effective actions to fight all forms of bribery, taking into account the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions or other relevant anticorruption conventions or initiatives. / Japan has been a contracting party of the OECD Convention on Combating Bribery of Foreign Public Officials in international BusinessTransactions since it tookeffect,and has implemented it effectively.
Japan has also contributed to anti-corruption measures of non-OECD countries throughthe ADB/OECD
Anti-Corruption Initiative for Asia and the Pacific, which aims tostrengthen the activities against corruption in the Asia-Pacific. / Japan will continue to sincerely implement the OECD Convention on Combating Bribery of Foreign Public Officials in International BusinessTransactions, and cooperateinoutreach activities including the ADB/OECDAnti-CorruptionInitiative for Asia and the Pacific.
Adopt and encourage measures to prevent corruption by improving accounting, inspecting, and auditing standards in both the public and private sectors in accordance with provisions of the UNCAC. / With regard to public finance, accounting and auditing standards are established by relevant domestic laws (Constitution, financial law, Board of Audit Law). As to the private sector, Securities and Transaction Law, Commercial Code and other relevant regulations ensure appropriate accountability and auditing standards. / Japan continues to implement measures established by relevant national legislations and regulations.
Support the recommendations of the APEC Business Advisory Council (ABAC) to operate their business affairs with the highest level of integrity and to implement effective anticorruption measures in their businesses, wherever they operate. / Japan regularly holds a meeting with Japan’s ABAC Members and exchange views to reflect ABAC’s recommendations with the highest level of integrity. / Japan will continue to hold such meetings to further strengthen the relationship and cooperation with ABAC.
APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]
Action V. Public-Private Partnerships:(Santiago Commitment and APEC Course of Action, 2004; Busan Declaration)
Specific Actions / Status to-date (December 2007)
including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Involve, in accordance with each economy’s domestic law, individuals and groups outside the public sector, such as civil society, nongovernmental organizations, community-based organizations, and the private sector in efforts to fight corruption, ensure transparency, promote good governance, strengthen public financial management accountability systems, and advance the rule of law. / Legislative measures, such as the Act on Access to Information Held by Administrative Organs, Administrative Procedure Act, etc. and other measures were taken to promote the active participation of individuals and groups outside the public sector. / Japan continues to take such measures based on relevant domestic laws and regulations.
APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]
Action VI. Cooperation Among APEC Member Economies to Combat Corruption and Ensure Transparency in the Region:(Santiago Commitment and APEC Course of Action, 2004)
Specific Actions / Status to-date (December 2007)
including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Work together and intensify actions to fight corruption and ensure transparency in APEC, especially by means of cooperation and the exchange of information, to promote implementation strategies for existing anticorruption and transparency commitments adopted by our governments, and to coordinate work across all relevant groups within APEC (e.g., SOM, CTI, GPEG, SCCP, and IEGBM). / Japan has been sharing among the officials in charge of various APEC fora the information about ACT activities and strengthening cooperation so that such information can be utilized in their fora. / Japan will continue its effort to further encourage information exchange and cooperation.
Coordinate, where appropriate, with other anticorruption and transparency initiatives including the UNCAC, OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, FATF, the ADB/OECD Anticorruption Action Plan for the Asia Pacific region, and Inter-American Convention Against Corruption. / Japan has been sharing the information about the ACT activities with relevant Ministries, Agencies and Divisions in charge of UNCAC, FATF and OECD anti-corruption activities. / Japan will continue its effort to further encourage information exchange and cooperation.
Recommend closer APEC cooperation, where appropriate, with the OECD including a joint APEC-OECD seminar on anticorruption, and similarly to explore joint partnerships, seminars, and workshops with the UN, ADB, OAS, the World Bank, the Global Forum on Fighting Corruption and Safeguarding Integrity, and other appropriate multilateral intergovernmental organizations.
Initiate and develop innovative, coordinated and targeted training and capacity building tools (e.g., an APEC Anticorruption and Transparency Training (ACT) Program), a region-wide public outreach program, or other initiatives that provide regional technical expertise and raise awareness).
Encourage all relevant economies to sign bilateral and multilateral agreements that will provide for assistance and cooperation in areas covered by the UNCAC. / None / None
APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]
Action VII. Moving Forward (from Santiago to Seoul and from Hanoi to Sydney):(Santiago Commitment and APEC Course of Action, 2004, modified; Busan Declaration and AMM Statement)
Specific Actions / Status to-date (December 2007)
including on-going measures started but not yet completed / Future Action to achieve goal and any further measures being considered to enhance action
Strengthen and further refine the APEC course of action adopted in the Santiago Commitment to Fight Corruption and Ensure Transparency towards effective implementation and monitoring by all APEC economies. / Japan will continue its support to ACT’s initiatives to strengthen and further refine the APEC Course of Action adopted in the Santiago Commitment.
Encourage APEC Member Economies, where appropriate, to put into practice measures and mechanisms outlined in the UNCAC. / Japan is not yet a State Party to the Convention, but fully supports the implementation of UNCAC by all member States. / Japan will participate actively in Working Groups that will be held in pursuant to resolutions adopted at 2nd COSP, and will contribute to discussion on measures and mechanisms to be put into practice by all member States.
Recommend any additional actions to fight corruption and ensure transparency, including further areas related to corruption involving the private sector and denying them of their safe haven. / None / None
Develop specific benchmarks to help ensure that each APEC Member Economy is taking all appropriate steps and measures to implement agreed upon commitments.
[Support] APEC Anticorruption and Transparency [Task Force activities that] showcase the progress that APEC economies have done to fight corruption and ensure transparency and discuss further cooperation on any additional actions that need to be built into the APEC work program.
APEC ACT TASK FORCE – COUNTRY REPORT [APEC ECONOMY 1]