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 White paper on crime 2006 Part 2/Chapter 6/Section 1/3 

3 Others

(1) Measures against financial crimes and terrorism

  The Financial Action Task Force (FATF), which was originally established for the purpose of promoting measures against money laundering, under the declaration of the Arche Summit held in 1989, is now in charge of promoting international measures and cooperation regarding money laundering and financing of terrorism. In 1990, the FATF adopted its "40 Recommendations" concerning the measures against money laundering, including those measures such as criminalizing money laundering relating to drug offenses, encouraging financial institutions to identify customers and to report suspicious transactions to the competent authorities, retaining and confiscating illegal proceeds, and strengthening international cooperation. The original 40 Recommendations were revised in 1996 and 2003, expanding the scope of predicate offenses of money laundering charges, strengthening the obligations of financial institutions to identify consumers and to report suspicious transactions, preventing misuse of corporation bodies, and applying the measures against money laundering to non-moneylenders and professionals, etc. Furthermore, the FATF adopted the "Special Recommendations on Terrorist Financing" in October 2001 and in October 2004, and has also been tackling terrorist financing.

(2) Measures against bribery and corruption

  The "Convention on Combating Bribery of Foreign Public Officials in International Business Transactions" was adopted by the Organization for Economic Cooperation and Development (OECD) in 1997. In Japan, in order to domestically implement it, the Unfair Competition Prevention Act (Act No. 47 of 1993) was amended in 1998 to additionally criminalize the act of providing unlawful profit to a foreign public officer etc. The Convention came into effect in 1999.

(3) Measures against cybercrimes

  In 2001, the "Convention on Cybercrime" was adopted by the Council of Europe. Japan signed it in 2001, and the conclusion was approved by the Diet in April 2004 (The Convention has not been concluded as its related domestic acts were not enacted by the 164th Diet of 2006). The Convention is the world's first comprehensive convention on measures against high-tech crimes, and provides as follows: (1) the Member States shall be required to criminalize certain acts including illegal access to computer systems, illegal interception of computer data, production of computer viruses and distribution of child pornography through computer systems; (2) in addition to these specific acts mentioned above, the Convention requests the Member States to develop procedures for search and seizure of computer data as evidence in electronic form and to enable investigative measures which shall be broadly applied to any offenses committed by means of a computer system; and (3) the Convention has provisions on international cooperation in criminal investigation and extradition.

(4) Transfer of sentenced persons

  The "Convention on the Transfer of Sentenced Persons" was adopted by the Council of Europe in 1983 with the aim of establishing a system for transferring sentenced foreign nationals to their home countries to serve their sentences there. In Japan, the Act on International Transfer of Sentenced Persons (Act No. 66 of 2002) was enacted in 2002. Having obtained the approval of the Diet, Japan deposited an instrument of accession to conclude the Convention in February 2003. The Convention came into effect in Japan in June 2003, and under this act, foreign inmates were transferred for the first time in 2004. As of the end of July 2006, 32 foreign inmates were transferred. The breakdown was 11 British sentenced persons, six American, five French, four Spanish, three Canadian, one Swedish, one Israeli, and one Italian. At the end of April 2006, Japan accepted the first transfer of a Japanese sentenced person, who had been serving his/her sentence in the U.S. (Source: The Correction Bureau, Ministry of Justice).
  In Asia, South Korea followed Japan to join the Convention in July 2005 (enforced in November 2005), enabling the transfer of sentenced persons between Japan and South Korea.
  In June 2005, Japan launched preliminary talks with China to start discussion toward the conclusion of the treaty concerning the transfer of sentenced persons between Japan and China.