(1) PURPOSE OF THE LAW AND SYSTEM
The objective of this law is to ensure the sound development of the tobacco industry in Japan, thereby contributing to ensuring stably fiscal revenue thus contributing to the sound development of the national economy.
(2) OUTLINE OF THE LAW AND SYSTEM
Any person who intends to undertake wholesale business of manufactured tobacco which he himself has imported (Specified Wholesale) shall be registered by the Minister of Finance (Article 11). If a person intends to sell items of manufactured tobacco which No Specified wholesaler has sold, such person shall obtain approval from the Minister of Finance by establishing retail prices per each item (Article 33).
Any person who intends to undertake wholesale business of manufactured tobacco, which he himself has not imported, shall be separately registered by the Minister of Finance (Article 20). Any person who intends to undertake retail of manufactured tobacco (sales for consumers) shall obtain permission per each business office from the Minister of Finance (Article 22).
(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Enforcement Order of the Tobacco Industries Law
Enforcement Regulations of the Tobacco Industries Law
(4) OUTLINE OF THE CONTROL (Regarding importation of manufactured tobacco and wholesale of manufactured tobacco which a person himself has imported)
1) Registration of Specified Wholesalers
Any Specified Wholesaler imports manufactured tobacco and engages in wholesale business of manufactured tobacco which he himself has imported shall present an application mentioning the following items to the competent chief customs inspector. Application must include documents specified by Finance Ministerial Ordinance, including a document with a pledge confirming that it meets criteria as set out in Article 13, including having never been acquitted for criminal penalties greater than fines (Article 11).
| 1. | Trade name, title or name and address |
| 2. | In the case of an artificial person, name and address of a representative |
| 3. | In the case of a minor, an adult ward, an adult warrantee, or an adult under assistance, name and address of his/her legal representative |
| 4. | Location of the business office |
| 5. | Other matters prescribed of ministerial order of finance |
2) Warning label obligation
If a Specified Wholesaler has imported manufactured tobacco for sale prescribed in the Ministerial Ordinance of Finance, such Specified Wholesaler shall indicate the wording prescribed in the Ministerial Ordinance of Finance to attract consumer attention concerning the relationship between consumption of manufactured tobacco and their health by the sale of the said manufactured tobacco (Article 39).
3) Retail Price
i. Application for approval of retail price
If a Specified Wholesaler applies for approval of retail price(s) of item(s) of manufactured tobacco which such Specified Wholesaler actually has not sold, such Specified Wholesaler shall present to the Minister an application prescribed in the Ministerial Ordinance of Finance and shall attach samples of such manufactured tobacco to such application. In this case, a Specified Wholesaler shall obtain confirmation from the competent chief customs inspector regarding imported price of the relevant manufactured tobacco in advance. Simultaneously with such confirmation, in the case of continuously selling such manufactured tobacco he shall attach documents testifying such sale to such apprication (Article 2 of the Enforcement Order, Article 30 of the Enforcement Regulations).
ii. If a Specified Wholesaler intends to sell items, which other Specified Wholesaler has already obtained an approval, at such approved retail price, Such Specified Wholesaler shall be considered to obtain an approval of retail prices by notifying such intention to the Minister of Finance (Paragraph 7 of Article 4 of the Enforcement Ordinance).
(5) REFERENCE INFORMATION
(Liaison Office for Further Information)
Councilor for the Tobacco and Salt Industries, Financial Bureau, Ministry of Finance
Tel: 03-3581-4111 (Representative) http://www.mof.go.jp