Japan International Cooperation Agency 18-K/A Annual report (foreign governments) (amended)

Exhibit 5.F

[Letterhead of Anderson Mori & Tomotsune]

CERTIFICATE

I, attorney-at-law, do hereby certify that attached hereto are true, correct and complete copies of the following law and an excerpt from law, with true and correct English translations of such law and an excerpt and that these law and excerpt are in full force and effect as of the date hereof,

(a) Act of the Incorporated Administrative Agency - Japan International Cooperation Agency (Act No. 136 of 2002); and

(b) Excerpts from Act Concerning Special Measures with respect to Acceptance of Foreign Capital from International Bank for Reconstruction and Development, etc. (Act No. 51 of 1953) (Article 2, Paragraph 2 of Article 3, Paragraph 1 of Article 5 and Paragraph 2 of Supplementary Provisions).

IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of May 2024.

Anderson Mori & Tomotsune
By	/s/ Hiroto Ando
	Hiroto Ando

(Translation)

Act of the Incorporated Administrative Agency-Japan International Cooperation Agency

Act No. 136 of December 6, 2002

Last amended by Act No. 68 of June 17, 2022

Table of Contents

Chapter 1	General Provisions (Articles 1 - 6)
Chapter 2	Officers and Employees (Articles 7 - 12)
Chapter 3	Operation (Articles 13 - 16)
Chapter 4	Finance and Accounting (Articles 17 - 37)
Chapter 5	Miscellaneous Provisions (Articles 38 - 44)
Chapter 6	Penal Provisions (Articles 45 - 48)

* Supplementary Provisions have been omitted.

Chapter 1 General Provisions

(Purpose)

Article 1

The purpose of this Act is to provide for such matters concerning the Incorporated Administrative Agency—Japan International Cooperation Agency as for its name, objective, scope of operations, etc.

(Name)

Article 2

The name of the Incorporated Administrative Agency which is prescribed in paragraph (1) of Article 2 of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999; hereinafter referred to as the “Act on General Rules”) and established pursuant to the provisions of this Act and the Act on General Rules shall be the Incorporated Administrative Agency—Japan International Cooperation Agency.

(Objective of the Agency)

Article 3

The objective of the Incorporated Administrative Agency—Japan International Cooperation Agency (hereinafter referred to as the “Agency”) is to contribute to the promotion of international cooperation and to the sound development of Japan and the international socioeconomy by contributing to the development or reconstruction of the economy and society, or economic stability of overseas regions which are in the developing stage (hereinafter referred to as the “Developing Area”) through the operations necessary for implementation of technical cooperation, implementation of cooperation through finance and investment or grant and promotion of cooperation activities of citizens toward the residents of the Developing Area; operations necessary for settling down of the emigrants to Central and South American area, etc.; and operations necessary for emergency assistance against large-scale disasters in the Developing Area, etc.

(Agency Managed Under the Medium-Term Objectives)

Article 3-2

The Agency shall be an Agency Managed under the Medium-term Objectives, which is prescribed in paragraph (2) of Article 2 of the Act on General Rules.

(Office)

Article 4

The Agency shall have its principal office in Tokyo.

(Stated Capital)

Article 5

(1) The Agency’s stated capital shall be the total amounts which are deemed to have been contributed by the Japanese Government pursuant to the provisions of paragraph (6) of Article 2 of the Supplementary Provisions and paragraph (7) of Article 2 of the Supplementary Provisions of the Act Amending in Part the Act of the Incorporated Administrative Agency—Japan International Cooperation Agency (Act No. 100 of 2006; hereinafter referred to as the “Amendment Act”).

(2) The Japanese Government may, when it finds necessary, make additional capital contributions to the Agency within the amounts prescribed by the budget.

(3) When a capital contribution is made by the Japanese Government pursuant to the provisions of the preceding paragraph, the Agency shall increase its stated capital by the amount of such contribution. In such case, the relevant stated capital shall be disposed of pertaining to each account pertaining to the specific operation prescribed in each item of paragraph (1) of Article 17 in accordance with the separation of accounting set forth in said paragraph.

(Restriction on Use of Name)

Article 6

No person other than the Agency may use the name of Japan International Cooperation Agency.

Chapter 2 Officers and Employees

(Officers)

Article 7

(1) The Agency shall have as its officers one (1) President and three (3) Auditors.

(2) The Agency may have as officers one (1) Senior Vice-President and not more than eight (8) Vice-Presidents.

(Duties and Authorities, etc. of Senior Vice-President and Vice-Presidents)

Article 8

(1) The Senior Vice-President shall, as determined by the President, represent the Agency and manage the Agency’s operations by assisting the President.

(2) The Vice-Presidents shall, as determined by the President, manage the Agency’s operations by assisting the President (when the Senior Vice-President has been appointed, the President and the Senior Vice-President).

(3) The officer to be prescribed under the Individual Act within the meaning of paragraph (2) of Article 19 of the Act on General Rules shall be the Senior Vice-President; provided, however, that if a Vice-President has been appointed but the Senior Vice-President has not been appointed, the officer shall be the Vice-President, and if neither the Senior Vice-President nor a Vice-President has been appointed, the officer shall be an Auditor.

(4) In the proviso of the preceding paragraph, the Auditor who represents the President in his or her duties or performs his or her duties pursuant to the provisions of paragraph (2) of Article 19 of the Act on General Rules shall not perform the duties of the Auditor during such period.

(Terms of Office of the Senior Vice-President and the Vice-Presidents)

Article 9

The term of office of the Senior Vice-President shall be four (4) years, and that of the Vice-Presidents shall be two (2) years.

(Special Addition to Disqualification Clause for Officers)

Article 10

(1) In addition to those matters prescribed in Article 22 of the Act on General Rules, a person falling under any of the following items may not become an officer:

(i) A person who is engaged in the business of manufacturing or selling goods or contracting for works and has a close conflict of interest with the Agency in terms of business transactions, or if such person is a juridical person, its officers (including those who hold the authorities or control at least equivalent to those held by such officers regardless of the title).

(ii) The officers of an organization comprised of the business operators set forth in the preceding item (including those who hold the authority or control at least equivalent to those held by such officers regardless of the title).

(2) In the application of the provision of paragraph (1) of Article 23 of the Act on General Rules concerning a dismissal of the officers of the Agency, the words “preceding Article” shall be treated as meaning “preceding Article and paragraph (1) of Article 10 of the Act of the Incorporated Administrative Agency—Japan International Cooperation Agency.”

(Confidentiality Obligations of Officers and Employees)

Article 11

Neither officers nor employees of the Agency shall divulge or appropriate any confidential information that they have acquired in the course of their duties. The same shall apply after they have ceased to work for the Agency.

(Status of Officers and Employees)

Article 12

In the application of the penal provisions, such as Penal Code (Act No. 45 of 1907), the officers and the employees of the Agency shall be deemed by laws and regulations as officers engaged in public service.

Chapter 3 Operation

(Scope of Operation)

Article 13

(1) The Agency shall perform the following operations in order to achieve the objective set forth in Article 3:

(i) To perform the following operations which are necessary for implementing the technical cooperation pursuant to an international agreement such as a treaty:

(a) To provide the technical trainees from the Developing Area with technical training, and to establish and manage the facilities for training and the accommodation for the trainees;

(b) To dispatch personnel to the Developing Area for technical cooperation;

(c) To give the equipment and materials for the technical cooperation pertaining to the operation stipulated in clause (b) and other technical cooperation to the Developing Area;

(d) To perform the operations that are necessary for the establishment and management of the technical cooperation centers to be established in the Developing Area, such as dispatching personnel and procuring machinery and equipment necessary for such centers; and

(e) To conduct basic study regarding the public development plan of the Developing Area.

(ii) To perform the following operations regarding cooperation through finance and investment (limited to those provided under concessional terms and conditions regarding the interest rate, repayment period, etc. so that the conditions of the supply of the funds shall not be a heavy burden on the Developing Area; hereinafter referred to as “Cooperation through Finance and Investment”):

(a) To lend to a government, government agency, or local government (hereinafter referred to as the “Government, etc.”) of the Developing Area, or the person designated by the Minister for Foreign Affairs such as the international organization, as Cooperation through Finance and Investment pursuant to international agreement such as a treaty, the funds necessary for the implementation of the projects which contribute to the Developing Area’s economic and social development conducted by it and also are deemed to be necessary for the promotion of economic exchange with Japan (including the preparatory study or experimental implementation of such projects; hereinafter referred to as the “Development Projects”), or the funds necessary to accomplish a plan regarding economic stabilization of such areas; and

(b) To lend to a person designated by the Minister for Foreign Affairs, such as a juridical person or another kind of organization in Japan or the Developing Areas, the funds required for the execution of their Development Projects; or to make capital contributions to such persons when there is a special necessity in order to effectuate the Development Projects.

(iii) To perform the following operations regarding cooperation through grant aid (referring to the cooperation performed by donating funds pursuant to the decisions of the Japanese Government; hereinafter referred to as the “Cooperation through Grant”) to the Government, etc. of the Developing Area or the international organizations, or organizations such as juridical persons:

(a) To perform necessary operations for the implementation of the Cooperation through Grant (excluding Cooperation through Grant in circumstances where a part of or all of the operations necessary for the implementation of the Cooperation through Grant are designated by the Minister for Foreign Affairs to be performed directly by the Minister, based on the need to secure agile implementation and the need in relation to executing diplomatic policy) pursuant to an international agreement such as a treaty; and

(b) To perform necessary operations such as to investigate, mediate and communicate concerning the execution of any contract pertaining to Cooperation through Grant, other than those prescribed in clause (a), which is designated by the Minister for Foreign Affairs as being in need of the Agency’s participation in order to secure its appropriate implementation, and to perform necessary investigation regarding the status of the performance of such contract.

(iv) To perform the following operations to promote and foster the volunteer activities of Japanese citizens, the General Incorporated Associations and General Incorporated Foundations, the Specified Non-Profit Organizations prescribed in paragraph (2) of Article 2 of the Act on the Promotion of Specified Non-Profit Organization Activities (Act No. 7 of 1998) and other private entities, etc., or the activities of local governments or universities, which are extended to the inhabitants of the Developing Area with the objective of cooperating in the economic and social development or reconstruction of such Developing Area (hereafter referred to as the “Cooperation Activities of Citizens, etc.” in this item and item (iii), paragraph (2) of Article 42):

(a) To recruit, select and train individuals desiring to join the Cooperation Activities of Citizens, etc. to be performed in unity with the inhabitants of the Developing Area, and establish and operate the facilities for their training;

(b) To dispatch the personnel selected and trained as prescribed in clause (a) to the Developing Area pursuant to international agreement such as treaty;

(c) To perform the following operations for the technical cooperation extended to the Developing Area, pertaining to the proposals which were made by those desiring to join the Cooperation Activities of Citizens, etc. and deemed appropriate by the Minister for Foreign Affairs, by entrusting their implementation to those desiring to join such Cooperation Activities of Citizens, etc.:

(i) To provide technical training to the technical trainees from the relevant Developing Area;

(ii) To dispatch personnel for technical cooperation to be extended to the relevant Developing Area; and

(iii) To give equipment and materials for technical cooperation to be extended to the relevant Developing Area; and

(d) To disseminate knowledge and promote the understanding of Japanese citizens regarding the Cooperation Activities of Citizens, etc.

(v) To perform the following operations in order to provide assistance and guidance, etc. for emigrants both within and outside Japan in an integrated manner:

(a) To study and disseminate knowledge with regard to emigration;

(b) To give counsel and guidance outside Japan regarding business and occupation of emigrants and other matters relating to emigrants’ living in general; and

(c) To provide assistance such as the building of welfare facilities outside Japan which are necessary for the settling down of the emigrants.

(vi) To store and give materials such as the equipment and machineries for emergency relief activities, including international emergency relief activities against large-scale disasters in the Developing Area, etc. (referring to the activities prescribed in Article 2 of the Act on Dispatch of the Japan Disaster Relief Team (Act No. 93 of 1987)).

(vii) To train and secure the personnel necessary for the execution of the operations set forth in item (i), clause (c) of item (iv), and preceding item, and the following paragraph.

(viii) To conduct research and study necessary in relation to the operations set forth in each of the preceding items.

(ix) To perform the operations incidental to the operations set forth in each of the preceding items.

(2) The Agency shall perform the following operations in addition to the operations set forth in the preceding paragraph:

(i) To dispatch the Japan Disaster Relief Team pursuant to the Act on Dispatch of the Japan Disaster Relief Team.

(ii) To procure or arrange for transportation of the materials such as the equipment and machineries necessary for international emergency relief activities, pursuant to the Act on Dispatch of the Japan Disaster Relief Team.

(3) In addition to the operations set forth in the preceding two (2) paragraphs, when the Minister for Foreign Affairs deems it appropriate, the Agency may perform operations under entrustment made by the Government, etc. or an international organization, or an organization such as a juridical person, of Japan or a foreign state, which contribute to the Developing Areas’ economic and social development or reconstruction, or economic stabilization, to the extent that they do not interfere with the execution of the operations set forth in the preceding two (2) paragraphs.

Article 14

(1) With respect to the operations prescribed in item (ii) of paragraph (1) of the preceding Article, the Agency shall supplement or encourage the lending of funds or investment conducted by ordinary financial institutions and shall not compete against them.

(2) The Agency may perform the operations prescribed in item (ii) of paragraph (1) of the preceding Article only when the lending of funds or investment by ordinary financial institutions on ordinary terms is deemed difficult.

(3) The Agency may perform the operations prescribed in item (ii) of paragraph (1) of the preceding Article only when the project plan for Development Projects or of the plan concerning economic stabilization under clause (a) of said item is appropriate, and there is a prospect of their accomplishment.

(Entrustment, and Status of Officers and Employees of Banks, etc. Engaged in Entrusted Operations)

Article 15

(1) The Agency may entrust a part of the operations regarding the Cooperation through Finance and Investment (referring to the operations prescribed in item (ii) of paragraph (1) of Article 13 and to the operations prescribed in item (viii) and item (ix) of said paragraph and in paragraph (3) of said Article pertaining to the Cooperation through Finance and Investment hereinafter referred to as the “Operation of the Cooperation through Finance and Investment”) to the banks prescribed under the Banking Act (Act No. 59 of 1981), the long-term credit banks prescribed under the Long-Term Credit Bank Act (Act No. 187 of 1952), and other financial institutions prescribed by Cabinet Order (hereafter in this Article referred to as the “Banks, etc.”).

(2) In the application of penal provisions such as the Penal Code, an officer and an employee of the Banks, etc. to which the operations of the Agency have been entrusted pursuant to the provisions of the preceding paragraph (hereinafter referred to as the “Trustee”), those who are engaged in the entrusted operations shall be deemed as a person engaged in public service by laws and regulations.

(Matters to be Stated in Mid-Term Plan)

Article 16

With respect to the application to the Agency of the provisions of paragraph (2) of Article 30 of the Act on General Rules regarding the Mid-Term Plan prescribed in paragraph (1) of said Article, the words “the following matters” in paragraph (2) of said Article shall be treated as meaning “the following matters (with regard to the Operations of the Cooperation through Finance and Investment, excluding the matters listed in item (iii) and item (vii)).”

Chapter 4 Finance and Accounting

(Separation of Accounting)

Article 17

(1) The Agency shall separate its accounting by each operation provided below, and allocate it by creating accounts for each operation:

(i) The operations prescribed in Article 13 (excluding the Operations of the Cooperation through Finance and Investment); and

(ii) The Operations of the Cooperation through Finance and Investment.

(2) The accounting of the amount pertaining to each of the following items shall be allocated under the accounts prescribed in the relevant item:

(i) The amount which was deemed to have been contributed to the Agency pursuant to the provisions of paragraph (6) of Article 2 of the Supplementary Provisions—the accounts pertaining to the operations prescribed in item (i) of the preceding paragraph (hereinafter referred to as the “General Accounts”).

(ii) The amount which was deemed to have been contributed to the Agency pursuant to the provisions of paragraph (5) of Article 2 of the Supplementary Provisions of the Amendment Act—the accounts pertaining to the Operations of the Cooperation through Finance and Investment (hereinafter referred to as the “Accounts for Finance and Investment”).

(Budget pertaining to the Operations of the Cooperation through Finance and Investment)

Article 18

(1) The Agency shall, for each business year, prepare a budget of income and expenditure pertaining to the Operations of the Cooperation through Finance and Investment and submit it to the Minister of Finance through the competent Minister.

(2) The income referred to in the preceding paragraph shall comprise of interest on loans, dividends from investments, and other income accruing from the investment of assets, and incidental miscellaneous income; and the expenditure referred to in the same paragraph shall comprise of expenses for management of administrative duties, expenses of delegation of operations, interest on the borrowings under the provisions of paragraph (1) of Article 45 of the Act on General Rules and paragraph (1) of Article 32 of this Act, the interest on the Agency Bonds issued pursuant to the provisions of said paragraph or paragraph (5) of said Article, and incidental expenses.

(3) Upon receipt of the budget pertaining to the Operations of the Cooperation through Finance and Investment submitted pursuant to the provisions of paragraph (1), the Minister of Finance shall examine it, make any necessary adjustments thereto, and obtain the Cabinet’s decision thereon.

(4) When the Cabinet decided on the budget pertaining to the Operations of the Cooperation through Finance and Investment pursuant to the preceding paragraph, the Cabinet shall submit the budget to the Diet together with the national budget.

(5) The form and the contents of the budget pertaining to the Operations of the Cooperation through Finance and Investment shall be determined by the Minister of Finance through consultation with the competent Minister.

(6) The procedures for the preparation and submission of the budget pertaining to the Operations of the Cooperation through Finance and Investment shall be determined by the Minister of Finance.

Article 19

The following documents shall be attached to the budget pertaining to the Operations of the Cooperation through Finance and Investment prescribed in the preceding Article:

(i) Documents concerning the business plan and financial plan pertaining to the Operations of the Cooperation through Finance and Investment for the relevant business year;

(ii) The profit and loss statement, balance sheet, and inventory of properties pertaining to the Operations of the Cooperation through Finance and Investment for the business year prior to the preceding business year;

(iii) The estimated profit and loss statement and estimated balance sheet pertaining to the Operations of the Cooperation through Finance and Investment for the preceding and current business years;

(iv) Any other reference materials with respect to the budget concerned.

(Contingency pertaining to the Operations of the Cooperation through Finance and Investment)

Article 20

The Agency may include contingency in its budget pertaining to the Operations of the Cooperation through Finance and Investment to cover a shortfall in the expenditure budget which may arise from unforeseeable causes.

(Resolution on Budget pertaining to the Operations of the Cooperation through Finance and Investment)

Article 21

The resolution of the Diet on the budget pertaining to the Operations of the Cooperation through Finance and Investment shall be governed by the same rules as those for the resolution on the national budget.

(Notification of Passing of Budget pertaining to the Operations of the Cooperation through Finance and Investment)

Article 22

(1) When the budget pertaining to the Operations of the Cooperation through Finance and Investment has been resolved on by the Diet, the Cabinet shall immediately notify the Agency to that effect through the competent Minister.

(2) The Agency may not execute its budget before it receives notification pursuant to the provision of the preceding paragraph.

(3) When the notification has been made pursuant to the provisions of paragraph (1), the Minister of Finance shall immediately notify the Board of Audit to that effect.

(Supplementary Budget pertaining to the Operations of the Cooperation through Finance and Investment)

Article 23

(1) The Agency may, when it becomes necessary to revise the budget pertaining to the Operations of the Cooperation through Finance and Investment because of an event which has occurred after the preparation of the budget, prepare a supplementary budget pertaining to the Operations of the Cooperation through Finance and Investment and submit it to the Minister of Finance through the competent Minister by attaching thereto the documents prescribed in item (i), item (iii) and item (iv) of Article 19 which have been revised as a result of the preparation of the relevant supplementary budget (excluding the estimated profit and loss statement and estimated balance sheet pertaining to the Operations of the Cooperation through Finance and Investment for the preceding business year); provided, however, that a supplementary budget pertaining to the increase of the budget may be prepared only in the case where it became urgently necessary as a result of an event which has occurred after the preparation of the relevant budget.

(2) The provisions of paragraph (2) through paragraph (6) of Article 18 and of the preceding two (2) Articles shall apply mutatis mutandis to the supplementary budget pertaining to the Operations of the Cooperation through Finance and Investment prescribed in the preceding paragraph.

(Provisional Budget pertaining to the Operations of the Cooperation through Finance and Investment)

Article 24

(1) The Agency may, when necessary, prepare a provisional budget pertaining to the Operations of the Cooperation through Finance and Investment for a specific period within a business year and submit it to the Minister of Finance through the competent Minister, together with the business plan and financial plan pertaining to the Operations of the Cooperation through Finance and Investment for the relevant period and other reference materials relevant to that provisional budget.

(2) The provisions of paragraph (2) through paragraph (6) of Article 18, Article 21, and Article 22 shall apply mutatis mutandis to the provisional budget pertaining to the Operations of the Cooperation through Finance and Investment prescribed in the preceding paragraph.

(3) The provisional budget pertaining to the Operations of the Cooperation through Finance and Investment shall cease to be effective when Diet approval of the budget pertaining to the Operations of the Cooperation through Finance and Investment for the business year has been obtained; and if expenditures have been made under the provisional budget pertaining to the Operations of the Cooperation through Finance and Investment, they shall be deemed to have been made pursuant to the budget pertaining to the Operations of the Cooperation through Finance and Investment for that business year.

(Execution of Budget pertaining to the Operations of the Cooperation through Finance and Investment)

Article 25

The Agency shall not use the budget for the expenditure pertaining to the Operations of the Cooperation through Finance and Investment for any other purpose than those prescribed in the relevant budget.

Article 26

(1) The Agency may not divert the amount of the expense designated in the budget pertaining to the Operations of the Cooperation through Finance and Investment to other purpose without obtaining the approval of the Minister of Finance.

(2) When the Agency intends to obtain the approval pursuant to the provisions of the preceding paragraph, it shall do so through the competent Minister.

(3) When the Minister of Finance has granted the approval set forth in the preceding paragraph, the Minister of Finance shall immediately notify the Board of Audit to that effect.

(4) When the Minister of Finance has granted the approval pursuant to the paragraph (1), the Minister of Finance shall without delay notify the competent Minister to that effect.

Article 27

(1) When the Agency makes use of a contingency pertaining to the Operations of the Cooperation through Finance and Investment, it shall immediately notify the Minister of Finance to that effect through the competent Minister.

(2) Upon receipt of the notification pursuant to the provision of the preceding paragraph, the Minister of Finance shall immediately notify the Board of Audit to that effect.

(Financial Statements, etc. pertaining to the Operations of the Cooperation through Finance and Investment)

Article 28

(1) The Agency shall prepare an inventory of property and a balance sheet (including an electromagnetic record (referring to a record made by an electronic method, magnetic method and other method which may not be recognized by human perception and is designated by Minister of Finance as the record to be used for the information processing by a computer; hereinafter the same shall apply in this paragraph and paragraph (1) of Article 30) which records the items to be stated in such inventory of property and balance sheet) pertaining to the Operations of the Cooperation through Finance and Investment for each half-year period from April to September and from October to March of the following year, and profit and loss statement (including an electromagnetic record which records the items to be stated in such profit and loss statement) pertaining to the Operations of the Cooperation through Finance and Investment for each of the said half-years and for each business year (hereinafter referred to as “Financial Statements”), and make a report of them together with an audit report thereon to the Minister of Finance through the competent Minister within two (2) months of the end of the relevant half-year and within three (3) months of the end of the relevant business year.

(2) When the Agency has made a report of the Financial Statements prescribed in the preceding paragraph, it shall without delay give public notice thereof in the official gazette, keep the Financial Statements and the annexed specifications and also the audit report set forth in said paragraph at all of its offices and make such documents available for public inspection during the period prescribed by the Ordinance of the Ministry of Finance.

(3) When the Agency completed the settlement of accounts pertaining to the Operations of the Cooperation through Finance and Investment, the Agency shall without delay keep a business report on its operations pertaining to the Operations of the Cooperation through Finance and Investment for that business year at all its offices and make it available for public inspection during the period prescribed in the Ordinance of the Ministry of Finance.

(4) The items to be stated in the annexed specifications prescribed in paragraph (2) and the business report prescribed in the preceding paragraph shall be provided for in the Ordinance of the Ministry of Finance.

(5) The provision of Article 38 of the Act on General Rules shall not be applicable to the Financial Statements pertaining to the Operations of the Cooperation through Finance and Investment.

(Settlement of Accounts pertaining to the Operations of the Cooperation through Finance and Investment)

Article 29

The Agency shall complete the settlement of accounts pertaining to the Operations of the Cooperation through Finance and Investment for each business year by not later than May 31 of the following business year.

Article 30

(1) After the completion of the settlement of accounts pertaining to the Operations of the Cooperation through Finance and Investment, the Agency shall prepare a report of the settlement of accounts pertaining to the Operations of the Cooperation through Finance and Investment for each business year (including any electromagnetic records which records the items to be stated in such report of the settlement of accounts) according to the classifications in the budget pertaining to the Operations of the Cooperation through Finance and Investment, and submit it to the Minister of Finance without delay through the competent Minister by attaching thereto an audit report regarding such report on the settlement of accounts as well as the Financial Statements pertaining to the Operations of the Cooperation through Finance and Investment which have been submitted to the Minister of Finance pursuant to the provision of paragraph (1) of Article 28.

(2) When the Minister of Finance receives the submission of the report on the settlement of accounts and the Financial Statements pertaining to the Operations of the Cooperation through Finance and Investment pursuant to the provision of the preceding paragraph, the Minister of Finance shall send them to the Cabinet.

(3) When the Cabinet receives the report on the settlement of accounts and the Financial Statements pertaining to the Operations of the Cooperation through Finance and Investment pursuant to the provision of the preceding paragraph, it shall send them to the Board of Audit by November 30 of the following business year, and after the inspection by the Board of Audit, submit them to the Diet together with the settlement of accounts of the national revenue and expenditure.

(4) After the Agency has submitted the report on the settlement of accounts pertaining to the Operations of the Cooperation through Finance and Investment pursuant to the provision of paragraph (1), it shall, without delay, keep at each of its office the report on the settlement of accounts and the audit report set forth in said paragraph and make them available for public inspection during the period prescribed by the Ordinance of the Ministry of Finance.

(5) The form and content of the report of the settlement of accounts pertaining to the Operations of the Cooperation through Finance and Investment provided for in paragraph (1) shall be determined by the Minister of Finance.

(6) The provision of paragraph (5) of Article 28 shall apply mutatis mutandis to the report on the settlement of accounts pertaining to the Operations of the Cooperation through Finance and Investment.

(Special Provisions, etc. regarding Disposition of Profit and Loss)

Article 31

(1) With respect to the General Accounts, if, after making the allocation under the provision of paragraph (1) or paragraph (2) of Article 44 of the Act on General Rules pertaining to the last business year of the period for the Mid-Term Objective (hereinafter referred to as the “Mid-Term Objective Period” in this paragraph) prescribed in item (i) of paragraph (2) of Article 29 of the Act on General Rules, there is any reserve fund for the General Accounts prescribed in paragraph (1) of Article 44 of said Act, the Agency may allocate the portion of such amount, pertaining to which the approval of the Minister for Foreign Affairs has been obtained, as a source of financing the operations prescribed in item (i) of paragraph (1) of Article 17 for the Mid-Term Objective Period following the relevant Mid-Term Objective Period, as prescribed by the Mid-Term Plan pertaining to which the approval under paragraph (1) of Article 30 of the Act on General Rules has been obtained (if the approval for its revision has been obtained under the provision of the second sentence of said paragraph, referring to the Mid-Term Plan as so revised) for such following Mid-Term Objective Period.

  If there is any residual amount in the reserve fund for the General Accounts prescribed in the preceding paragraph after deducting the amount for which the approval has been obtained pursuant to the provision of said paragraph from the amount of the said reserve fund, the Agency shall pay such residual amount to the National Treasury.

(3) In addition to the matters provided for in the preceding two (2) paragraphs, the procedures for the payments of amounts payable pertaining to the General Accounts and other necessary matters concerning the disposal of the reserve fund for the General Accounts shall be provided by Cabinet Order.

(4) With respect to the Accounts for the Finance and Investment for each business year, if the calculation of profits and losses resulted in a profit, the Agency shall use it to make up the losses carried forward from the preceding business year, and if there is still any residual amount, shall accumulate such amount as a reserve fund until it reaches the amount equal to the amount of stated capital allocated for the Accounts for the Finance and Investment.

(5) With respect to the Accounts for Finance and Investment for each business year, if the calculation of profits and losses resulted in a loss, the Agency shall allocate it by reducing the reserve fund pursuant to the provision of the preceding paragraph, and if there still is a shortfall, shall allocate the amount of such shortfall as a carried forward loss.

(6) The reserve fund prescribed in paragraph (4) shall not be drawn down except for the purpose of covering losses incurred in the Accounts for Finance and Investment.

(7) The Agency shall pay the balance, obtained by deducting the amount accumulated as the reserve fund pursuant to the provision of paragraph (4) from the residual amount prescribed in said paragraph, to the National Treasury by May 31 of the following business year.

(8) The Japanese Government may have a portion of the payment amount prescribed by the provision of the preceding paragraph paid to the National Treasury during the relevant business year based on the estimation pursuant to the provision of Cabinet Order.

(9) In addition to the matters provided for in the preceding paragraph, the procedures for the payment of the amount payable pertaining to the Accounts for Finance and Investment pursuant to the provision of paragraph (7) and other necessary matters concerning the amount payable shall be prescribed by Cabinet Order.

(10) The provision of Article 44 of the Act on General Rules shall not be applicable to the Accounts for Finance and Investment.

(Long-Term Borrowing and Japan International Cooperation Agency Bond under the Accounts for Finance and Investment)

Article 32

(1) The Agency may borrow funds from the Japanese Government on a long-term basis or issue an Japan International Cooperation Agency Bond (hereinafter referred to as the “Agency Bond”)in order to collect resources for financing the funds necessary to perform the Operations of the Cooperation through Finance and Investment.

(2) The funds procured by the long-term borrowing or issuance of the Agency Bond pursuant to the provisions of the preceding paragraph shall belong to the Accounts for Finance and Investment.

(3) For each business year, the Agency shall prepare, pursuant to the provision of Cabinet Order, a basic policy regarding the issuance of the Agency Bond prescribed by paragraph (1), and obtain the approval from the competent Minister. The same shall apply when the Agency intends to revise such policy.

(4) When the Agency has issued the Agency Bond pursuant to the provision of paragraph (1), it shall without delay notify to that effect to the competent Minister pursuant to the provision of Cabinet Order.

(5) In addition to the matters provided for in paragraph (1), the Agency may, pursuant to the provision of Cabinet Order, issue Agency Bond, when it is necessary to deliver to a person who has lost his or her Agency Bond.

(6) The obligees pertaining to the Agency Bond issued pursuant to the provision of paragraph (1) or the preceding paragraph shall have the right to receive payment for their claims with priority, regarding the property of the Agency, to other creditors.

(7) The order of priority of the statutory lien set forth in the preceding paragraph shall be second to the general statutory lien under the provisions of the Civil Code (Act No. 89 of 1896).

(8) The Agency may entrust the whole or a part of any administrative entities related to the issuance of Agency Bond to banks, trust corporations, or persons conducting the financial instruments business (referring to the financial instruments business prescribed in paragraph (8) of Article 2 of the Financial Instruments and Exchange Act (Act No. 25 of 1948); the same shall apply in the next paragraph).

(9) The provision of paragraph (1) and paragraph (2) of Article 705 and Article 709 of the Companies Act (Act No. 86 of 2005) shall apply mutatis mutandis to the banks, trust corporations, or persons conducting the financial instruments business to which the entrustment was made pursuant to the provision of the preceding paragraph.

(10) In addition to the matters provided for in the preceding paragraphs, necessary matters relating to the Agency Bond shall be prescribed by Cabinet Order.

(Limitation of Amount of Borrowing, etc. under the Accounts for Finance and Investment)

Article 33

(1) The total of the outstanding amount of short-term borrowings pursuant to the provisions of paragraph (1), Article 45 of the Act on General Rules, the outstanding amount of long-term borrowings pursuant to the provision of paragraph (1) of the preceding Article, and the outstanding amount of the obligations pertaining to the principal of the Agency Bond issued pursuant to the provision of said paragraph shall not exceed the amount which is three times of the sum of the amount of the portion of the stated capital prescribed in Article 5 which is allocated to the Accounts for Finance and Investment and the amount of the reserve fund prescribed in paragraph (4) of Article 31.

(2) Notwithstanding the provision of the preceding paragraph, with respect to the Agency Bond, if it is necessary for refinancing those already issued, the Agency Bond may be issued temporarily in excess of such amount.

(Government Guarantee)

Article 34

(1) Notwithstanding the provision of Article 3 of the Act on Restriction on Financial Assistance by the Japanese Government to Juridical Persons (Act No. 24 of 1946), the Japanese Government may guarantee the obligations pertaining to an Agency Bond issued pursuant to the provision of paragraph (1) of Article 32 (excluding the obligations which the Japanese Government may guarantee pursuant to Article 2 of the Act concerning Special Measures with respect to Acceptance of Foreign Capital from the International Bank for Reconstruction and Development, etc. (Act No. 51 of 1953) (hereinafter referred to as the “Foreign Capital Acceptance Act” in this Article); the same being applicable in paragraph (3)) within the amount prescribed by the budget.

(2) When, with respect to the amount prescribed in a budget referred to in the preceding paragraph, it is difficult to provide the amount of obligations with respect to an Agency Bond denominated in Japanese currency to be issued in a foreign country as distinct from the amount prescribed in a budget referred to in paragraph (2), Article 2 of the Foreign Capital Acceptance Act, it may be prescribed in aggregate with such amount.

(3) The Japanese Government may, in addition to the cases prescribed in paragraph (1), guarantee the obligations with respect to an Agency Bond issued by the Agency pursuant to paragraph (5), Article 32.

(Granting Funds)

Article 35

(1) Within the limitation of the budget, the Japanese Government shall grant the Agency the funds which are necessary for the Agency to allocate for the gift under the Cooperation through Grant prescribed in clause (a), item (iii) of paragraph (1) of Article 13 (hereinafter referred to as the “Gift” in this Article) on a plan-to-plan basis of such Cooperation through Grant.

(2) The Agency shall allocate the funds granted pursuant to the provision of the preceding paragraph as funds to be appropriated for the Gift.

(3) If there is any residual amount of the reserve fund granted pursuant to the provision of paragraph (1) even after the completion of the relevant plan of the Cooperation through Grant, the Agency shall pay such residual amount to the National Treasury; provided, however, that in the case where the approval of the Minister for Foreign Affairs has been obtained, the whole or a part of such residual amount may be allocated for the Gift of the business year which immediately follows the business year in which the date of completion of the relevant plan falls.

(Special Provisions for Investment of Surplus Fund)

Article 36

Notwithstanding the provision of Article 47 of the Act on General Rules, the Agency may invest the operational surplus fund belonging to the Accounts for Finance and Investment in the following manners:

(i) Depositing in the Fiscal Loan Fund;

(ii) Depositing in the Bank of Japan;

(iii) Holding negotiable bank deposit certificates; and

(iv) Other methods designated by the competent Minister as safe and efficient method.

(Mutatis Mutandis Application of the Act on the Normalization of Execution of the Budget pertaining to Subsidy, etc.)

Article 37

The provisions (including penal provisions) of the Act on the Normalization of Execution of the Budget pertaining to Subsidy, etc. (Act No. 179 of 1955) shall apply mutatis mutandis to the subsidy granted by the Agency pursuant to the provision of clause (c), item (v) of paragraph (1) of Article 13. In this case, the terms “each ministry and each agency” in said Act (excluding paragraph (7) of Article 2) shall be deemed to be replaced with “the Incorporated Administrative Agency-Japan International Cooperation Agency”; the terms “the head of each ministry and each agency” in said Act (excluding paragraph (7) of Article 2) with “the President of the Incorporated Administrative Agency-Japan International Cooperation Agency”; the terms “the State” in paragraph (1) and paragraph (4) of Article 2, paragraph (2) of Article 7, paragraph (1) and paragraph (2) of Article 19, Article 24, and Article 33 of said Act with “the Incorporated Administrative Agency-Japan International Cooperation Agency”; and the terms “the fiscal year of the State” in Article 14 of said Act with “the business year of the Incorporated Administrative Agency-Japan International Cooperation Agency”.

Chapter 5 Miscellaneous Provisions

(Report and Inspection)

Article 38

(1) When the competent Minister finds it necessary for the enforcement of this Act, the competent Minister may have the Trustee make a report within the scope of the operations entrusted to such Trustee, or cause the Minister’s staff members to enter the offices of the Trustee and inspect the status of the operations or books and records, documents and other necessary articles.

(2) When an employee is to perform the on-site inspection pursuant to the provision of the preceding paragraph, such member shall carry with him or her an identification card and present it to the persons concerned.

(3) The authority to perform the on-site inspection prescribed in paragraph (1) shall not be interpreted to have been granted for a criminal investigation.

(Delegation of Authority)

Article 39

(1) The competent Minister may delegate a part of the authority to perform the on-site inspection prescribed in paragraph (1) of Article 64 of the Act on General Rules and paragraph (1) of the preceding Article to the Prime Minister pursuant to the provision of Cabinet Order; provided, however, that it shall be limited to the scope of the Operations of the Cooperation through Finance and Investment.

(2) When the Prime Minister performs the on-site inspection pursuant to the provision of paragraph (1) of Article 64 of the Act on General Rules or paragraph (1) of the preceding Article based on the delegation prescribed in the preceding paragraph, the Prime Minister shall promptly report its result to the competent Minister.

(3) The Prime Minister delegates the authority delegated pursuant to the provision of paragraph (1) and the authority prescribed in the preceding paragraph to the Commissioner of the Financial Services Agency.

(4) The Commissioner of the Financial Services Agency may delegate the whole or a part of the authority delegated pursuant to the provision of the preceding paragraph to the Director-General of the Local Finance Bureau or to the Director-General of the Local Finance Branch Bureau.

(Request of the Minister for Foreign Affairs, etc. in the Case of Urgent Necessity)

Article 40

(1) The Minister for Foreign Affairs may request the Agency to take necessary measures with regard to the operations prescribed in Article 13 or to its offices located abroad when the Minister finds it urgently necessary for the execution of diplomatic policies because of a drastic change in the international situations or in response to a request, etc. made by a foreign government or international organization (including international conferences and other frameworks for international cooperation), or when the Minister finds it urgently necessary in response to a request made by a relevant administrative organ.

(2) The competent Minister may request the Agency to take necessary measures with regard to the matters listed in item (ii) of paragraph (1) of Article 43 when the Minister finds it urgently necessary to avoid the situation of significantly exacerbating finances pertaining to the Operations of the Cooperation through Finance and Investment.

(3) When the request pursuant to the provision of paragraph (1) was made by the Minister for Foreign Affairs, or when the request was made pursuant to the provision of the preceding paragraph by the competent Minister, the Agency shall meet such request in the absence of a justifiable reason not to do so.

(Communication, etc.)

Article 41

(1) The Agency shall have close liaison with the local governments regarding the administration of the operations listed in item (i), clause (a) and clause (b) of item (iv), item (v), and item (vi) of paragraph (1) of Article 13, and in paragraph (2) of said Article.

(2) Local governments shall endeavor to cooperate with the Agency regarding the administration of the operations prescribed in the preceding paragraph.

(Consultation)

Article 42

(1) The Minister for Foreign Affairs shall consult with the Minister of Finance in the following cases:

(i) When the Minister for Foreign Affairs intends to appoint the Auditor pursuant to the provision of paragraph (2) of Article 20 of the Act on General Rules;

(ii) When the Minister for Foreign Affairs intends to grant the approval pursuant to the provision of paragraph (1) of Article 31 pertaining to the operations listed in item (i) of paragraph (1) of Article 17; and

(iii) When the Minister for Foreign Affairs intends to grant the approval pursuant to the provision of paragraph (3) of Article 35.

(2) The Minister for Foreign Affairs shall consult with the head of the relevant administrative organ (excluding the Minister of Finance in the cases of item (i) and item (ii)) in the following cases:

(i) When the Minister for Foreign Affairs intends to set up or revise the Mid-Term Objective pursuant to the provision of paragraph (1) of Article 29 of the Act on General Rules pertaining to the operations listed in item (i) and item (iv) through item (vii) of paragraph (1) of Article 13;

(ii) When the Minister for Foreign Affairs intends to grant the approval pursuant to the provision of paragraph (1) of Article 30 of the Act on General Rules pertaining to the operations listed in item (i) and item (iv) through item (vii) of paragraph (1) of Article 13; and

(iii) When the Minister for Foreign Affairs intends to confirm the appropriate operations to be performed by the Agency through the entrustment to the persons desiring to join the Cooperation Activities of Citizens, etc. pertaining to the operations listed in clause (c), item (iv) of paragraph (1) of Article 13.

(3) With respect to the operations prescribed in item (ii) of paragraph (1) of Article 13, the Minister for Foreign Affairs shall consult with the Minister of Finance and the Minister of Economy, Trade and Industry in the cases of item (i) through item (iv), and shall consult with the Minister of Economy, Trade and Industry in the cases of item (v) and item (vi):

(i) When the Minister for Foreign Affairs intends to designate the person to receive the loan or capital contribution pursuant to the provision of item (ii) of paragraph (1) of Article 13;

(ii) When the Minister for Foreign Affairs intends to make a request for the implementation of necessary measures pursuant to the provision of paragraph (1) of Article 40;

(iii) When the Minister for Foreign Affairs intends to grant the approval pursuant to the provision of paragraph (1) of Article 28 of the Act on General Rules;

(iv) When the Minister of Foreign Affairs intends to provide for the Ordinance of the Ministry of Foreign Affairs pursuant to the provision of paragraph (2) of Article 28 of the Act on General Rules;

(v) When the Minister for Foreign Affairs intends to set up or revise the Mid-Term Objective pursuant to the provision of paragraph (1) of Article 29 of the Act on General Rules; and

(vi) When the Minister for Foreign Affairs intends to grant the approval pursuant to the provision of paragraph (1) of Article 30 of the Act on General Rules.

(4) With respect to the operations prescribed in clause (a), item (ii) of paragraph (1) of Article 13, the Minister for Foreign Affairs shall hear the opinions of the head of the relevant administrative organ in the events set forth in the following items regarding the matters prescribed in the relevant item (excluding the matters relating to the officers and employees, and finance and accounting, and other managerial operations (referred to as the “Managerial Operations” in paragraph (1) of the following Article)):

(i) When the Minister for Foreign Affairs intends to set up or revise the Mid-Term Objective pursuant to the provision of paragraph (1) of Article 29 of the Act on General Rules—the matters listed in item (ii), item (iii) and item (v) of paragraph (2) of said Article; and

(ii) When the Minister for Foreign Affairs intends to grant the approval pursuant to the provision of paragraph (1) of Article 30 of the Act on General Rules—the matters listed in item (i), item (ii), and item (viii) of paragraph (2) of said Article.

(Competent Minister, etc.)

Article 43

(1) The competent Minister under this Act and the Act on General Rules pertaining to the Agency shall be as follows:

(i) With respect to the matters relating to the managerial operations (excluding those listed in the next item)—the Minister for Foreign Affairs;

(ii) With respect to the matters relating to the managerial operations which are of finances and accounting pertaining to the Operations of the Cooperation through Finance and Investment—the Minister for Foreign Affairs and the Minister of Finance; and

(iii) With respect to the matters other than the managerial operations—the Minister for Foreign Affairs.

(2) The competent Ordinance under the Act on General Rules pertaining to the Agency shall be the orders issued by the competent Minister.

(Exclusion from Application of the National Public Officers Housing Act)

Article 44

The provisions of the National Public Officers Housing Act (Act No. 117 of 1949) shall not be applicable to the officers and employees of the Agency.

Chapter 6 Penal Provisions

Article 45

Any person who, in violation of the provision of Article 11, has divulged or appropriated any confidential information, shall be punished by imprisonment with work for not more than one (1) year or a fine of not more than 300,000 yen.

Article 46

(1) The officer or employee of the Trustee who failed to submit a report or submitted a false report prescribed in paragraph (1) of Article 38, or refused, obstructed, or recused the inspection pursuant to the provision of said paragraph shall be punished by a fine of not more than 300,000 yen.

(2) With respect to the application of the provision of Article 70 of the Act on General Rules pertaining to the officers or employees of the Agency, the words “200,000 yen” shall be treated as meaning “300,000 yen.”

Article 47

The officer or employee of the Agency who has fallen under any of the following items shall be punished by a non-penal fine of not more than 200,000 yen:

(i) When the officer or employee conducted an operation other than the operations prescribed in Article 13;

(ii) When the officer or employee failed to obtain the approval of the Minister for Foreign Affairs or the Minister of Finance where such approval is required pursuant to the provision of this Act;

(iii) When the officer or employee failed to obtain the approval of the competent Minister where such approval is required pursuant to the provision of this Act;

(iv) When the officer or employee failed to notify or made a false notification to the Minister of Finance or the competent Minister where such notification is required pursuant to the provision of this Act;

(v) When the officer or employee borrowed funds or issued a bond in violation of the provision of paragraph (1) of Article 33; or

(vi) When the officer or employee invested the operational surplus funds in violation of the provision of Article 36.

Article 48

A person who has violated the provision of Article 6 shall be punished by a non-penal fine of not more than 100,000 yen.

(Translation)

Excerpts

From

Act Concerning Special Measures with respect to Acceptance of Foreign Capital from International Bank for Reconstruction and Development, etc.

(Act No. 51 of July 4, 1953)

(Guarantee of Obligations in Foreign Currency)

Article 2

(1) Notwithstanding the provisions of Article 3 of the Act Concerning Restriction on Government Financial Aid to Juridical Persons (Act No. 24 of 1946), the Government may guarantee the obligations of the corporations as prescribed by Cabinet Order with respect to the borrowings payable in foreign currency pursuant to the borrowing contract from foreign capital with International Bank for Reconstruction and Development and financial institutions of foreign governments (more than half of the capital contribution to which is made by foreign governments and provided for by Cabinet Order) (hereinafter referred to as “International Bank for Reconstruction and Development, etc.) within the limit of the amount provided in a budget (in case it is difficult to determine the amount for each of juridical persons, the amount equal to the aggregate amount to be guaranteed; in this case, as well as in the following paragraph, such aggregate amount.)

(2) Notwithstanding the provisions of Article 3 of the Act Concerning Restriction on Government Financial Aid to Juridical Persons, the Government may guarantee the obligations with respect to the bonds issued by any of the corporations enumerated below or by local governments payable in foreign currency (with respect to local government bonds, limited to those prescribed by Cabinet Order; hereinafter referred to as the “Bonds in Foreign Currency”) within the limit of the amount provided in a budget:

(i) Japan Bank for International Cooperation

(ii) The Japan Finance Corporation

(iii) The Japan International Cooperation Agency

(iv) Local governments

(v) In addition to those enumerated in each of the preceding items, from among the corporations enumerated below those prescribed by a Cabinet Order:

(a) the corporations whose budget requires resolution of the Diet pursuant to provisions of statutes.

(b) from among the corporations organized under special laws (excluding those provided in a. above) none of whose capital investment is held by any person other than the State, the corporations provided in a. above and/or local governments, those which are permitted by special laws to issue bonds.

(3) The Government may, in addition to the cases provided in the preceding paragraph, guarantee the obligations under the Bonds in Foreign Currency issued for the purpose of delivering them to the persons who have lost their Bonds in Foreign Currency.

(Issuance of Debt Securities, etc.)

Article 3

(2) The corporations as prescribed by Cabinet Order in Paragraph (1) of the preceding Article and the corporations enumerated in the items of Paragraph (2) of the preceding Article may, unless otherwise provided in any other laws, entrust to any foreign bank, trust operators or persons who engage in Financial Instruments Business (prescribed in Paragraph (8) of Article 2 in the Financial Instruments and Exchange Act (Act No. 25 of 1948) ) all or part of business concerning the issuance and redemption of, and the payment of interest on deliverable bonds (bonds for delivery to the International Bank for Reconstruction and Development, etc. pursuant to a foreign currency loan agreement with such bank, hereinafter the same) or bonds in foreign currency (with respect to the Bonds in Foreign Currency, limited to those guaranteed by the Government pursuant to Paragraph (2) or Paragraph (3) of the preceding Article, hereinafter the same in this paragraph) or any other matters concerning deliverable bonds or bonds in foreign currency after obtaining approval of the competent ministers as prescribed by Cabinet Order.

(3) The competent ministers referred to in the preceding paragraph shall consult with the Minister of Finance before the approval referred to in the same paragraph.

(Exemption from Tax with Respect to Interest, etc.)

Article 5

(1) No tax or any other public charge shall be imposed with respect to interest and premium on redemption (the excess of the amount received in redemption over the issue price; hereinafter the same) of deliverable bonds issued by the corporations as prescribed by Cabinet Order in Paragraph (1) of Article 2 and relating to agreements for borrowing of funds from the International Bank for Reconstruction and Development, etc. as well as Bonds in Foreign Currency issued by any of the corporations enumerated in each of the items of Paragraph (2) of Article 2 and guaranteed by the Government pursuant to the provisions of Paragraph (2) or Paragraph (3) of Article 2 (hereinafter referred to as the “Bonds”); provided, however, that this shall not apply to such interest or premium on redemption received by residents provided in Article 2, Paragraph (1), Item (iii) of the Income Tax Act (Act No. 33 of 1965), domestic corporations provided in Article 2, Item (iii) of the Corporation Tax Act (Act No. 34 of 1965) and any other person who is prescribed by Cabinet Order as similar thereto.

Supplementary Provisions

(2) Until otherwise determined, notwithstanding the provisions of Paragraph (1) (excluding the proviso thereof) of Article 5, the imposition of income tax in connection with the interest payment on bonds provided for in the same Paragraph (limited to those issued outside of the jurisdiction of the Income Tax Act (Act No. 33 of 1965) (“outside of Japan”) and whose interest payment is made outside of Japan) shall be governed by the Income Tax Act and the Special Taxation Measures Act (Act No. 26 of 1957).