Public Records and Archives Management Act : NATIONAL ARCHIVES OF JAPAN

Act No. 66 of July 1, 2009
(Latest Amendment: Act No. 76 of July 10, 2009)

    This English translation of this law has been prepared (up to the revisions of Act No. 76 of July 10, 2009) in compliance with the Standard Legal Terms Dictionary (March 26, 2010 Edition) supervised by Japanese Law Translation Council.
    This is an unofficial translation. Only the original Japanese texts of laws and regulations have legal effect, and translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations.
    The National Archives of Japan will not be responsible for the accuracy, reliability or currency of the legislative material provided here, or for any consequence resulting from use of the information. For all purposes of interpreting and applying the law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette.

Chapter 1
General Provisions

(Purpose): Article 1
The purpose of this Act is, to endeavor towards proper management of administrative documents and appropriate preservation, use, etc. of historical public records and archives, by providing for the basic matters concerning management of public records and archives, taking into consideration that public records and archives as records of historical facts and various activities of the State and Incorporated Administrative Agencies, etc. should be available for independent use by the sovereign citizens as an intellectual resource to be shared by the people in supporting the basis of sound democracy, in accordance with the principle of sovereignty of the people, thereby enabling administration to be managed properly and efficiently, and also ensuring accountability of the State and Incorporated Administrative Agencies, etc. to the citizens both present and future for their various activities.

(Definitions): Article 2
The term “Administrative Organ” as used in this Act shall mean the following organs:

(i) Organs within the Cabinet (excluding the Cabinet Office) or organs under the jurisdiction of the Cabinet that were established pursuant to the provisions of Acts;
(ii) The Cabinet Office, the Imperial Household Agency, and organs prescribed in Article 49, paragraphs 1 and 2 of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999) (Provided that those organs establish the organ designated by the Cabinet Order set forth in item 4, the organ designated by that Cabinet Order is excluded);
(iii) Organs prescribed in Article 3, paragraph 2 of the National Government Organization Act (Act No. 120 of 1948) (Provided that those organs establish the organ designated by the Cabinet Order set forth in item 5, the organ designated by that Cabinet Order is excluded);
(iv) Organs set forth in Articles 39 and 55 of the Act for Establishment of the Cabinet Office and in Article 16, paragraph 2 of the Imperial Household Agency Act (Act No. 70 of 1947), and extraordinary organs set forth in Articles 40 and 56 of the Act for Establishment of the Cabinet Office (including the cases where it is applied mutatis mutandis pursuant to Article 18, paragraph 1 of the Imperial Household Agency Act), that are designated by a Cabinet Order;
(v) Facilities and other organs set forth in Article 8-2 of the National Government Organization Act, and extraordinary organs set forth in Article 8-3 of the same Act, that are designated by a Cabinet Order;
(vi) The Board of Audit.

(2) The term “Incorporated Administrative Agencies, etc.” as used in this Act shall mean incorporated administrative agencies prescribed in Article 2, paragraph 1 of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999) and juridical persons listed in the Appended Table 1.
(3) The term “the National Archives of Japan, etc.” as used in this Act shall mean the following facilities:

(i) Archives established by the National Archives of Japan, Incorporated Administrative Agency (hereinafter referred to as “the National Archives of Japan”);
(ii) Facilities of Administrative Organs and Incorporated Administrative Agencies, etc., that are designated by a Cabinet Order as possessing functions similar to those listed in the preceding item.

(4) The term “Administrative Document” as used in this Act shall mean a document (including a picture and an electromagnetic record [a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses; the same shall apply hereinafter]; the same shall apply hereinafter except in Article 19), that, having been prepared or obtained by an employee of an Administrative Organ in the course of his or her duties, is held by the Administrative Organ concerned for organizational use by its employees; provided, however, that the followings shall be excluded:

(i) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books;
(ii) Specified historical public records and archives; or
(iii) Items that are, pursuant to the provisions of a Cabinet Order, specially managed as either historical or cultural materials, or as materials for academic research in research institutes or other facilities designated by a Cabinet Order (excluding those listed in the preceding item).

(5) The term “Corporate Document” as used in this Act shall mean a document, that, having been prepared or obtained by an officer or an employee of an Incorporated Administrative Agency, etc. in the course of his or her duties, is held by the Incorporated Administrative Agency, etc. concerned for organizational use by its officers or employees; provided, however, that the followings shall be excluded:

(i) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books;
(ii) Specified historical public records and archives;
(iii) Items that are, pursuant to the provisions of a Cabinet Order, specially managed as either historical or cultural materials, or as materials for academic research in museums or other facilities designated by a Cabinet Order (excluding those listed in the preceding item); or
(iv) Documents held by the Incorporated Administrative Agencies, etc. listed in the left side column of Appended Table 2, that are, pursuant to the provisions of a Cabinet Order, distinguished from those pertaining to business other than the business listed in the right side column of said Table, as pertaining exclusively to the business listed in said column.

(6) The term “Historical Public Records and Archives” as used in this Act shall mean official documents and other records that are important as historical materials.
(7) The term “Specified Historical Public Records and Archives” as used in this Act shall, among Historical Public Records and Archives, mean those listed below:

(i) Those transferred to the National Archives of Japan, etc., pursuant to the provision of Article 8, paragraph 1;
(ii) Those transferred to the National Archives of Japan, etc., pursuant to the provision of Article 11, paragraph 4;
(iii) Those transferred to the archives established by the National Archives of Japan, pursuant to the provision of Article 14, paragraph 4;
(iv) Those donated or deposited to the National Archives of Japan, etc., by a juridical person or other organizations (excluding the State and Incorporated Administrative Agencies, etc.; hereinafter referred to as a “Juridical Person, etc.”) or individuals.

(8) The term “Public Records and Archives” as used in this Act shall mean the following:

(i) Administrative Documents;
(ii) Corporate Documents;
(iii) Specified Historical Public Records and Archives.

(Relationship with Other Laws and Regulations): Article 3
The management of Public Records and Archives shall be governed by the provisions of this Act, except as otherwise provided for by other acts or orders based on the same.

Chapter 2
Management of Administrative Documents
Section 1. Preparation of Documents

Article 4
An employee of an Administrative Organ shall, for the purpose of contributing to the achievement of the purpose specified in Article 1, prepare documents concerning following matters and others to enable a decision-making process including the background in said Administrative Organ and performance of affairs and business of said Administrative Organ to be traced or verified reasonably, except when a case pertaining to processing is minor:

(i) Enactment, revision or abolition of laws and regulations, and the background to the same;
(ii) In addition to what is provided for in the preceding item, decisions or agreements made at a Cabinet meeting, a meeting consisting of the heads of relevant Administrative Organs or a Ministry meeting (including those equivalent thereto), and the background to the same;
(iii) Agreements between/among several Administrative Organs or establishment of standards to be indicated to other Administrative Organs or local public entities, and the background to the same;
(iv) Acquisition or loss of rights and obligations of an individual or a juridical person, and the background to the same;
(v) Personnel affairs related to an employee.

Section 2. Arrangement etc. of Administrative Documents

(Arrangement): Article 5
When an employee of an Administrative Organ has prepared or obtained an Administrative Document, the head of said Administrative Organ shall, pursuant to the provisions of a Cabinet Order, classify and title said Administrative Document, as well as setting the retention period and the date on which said retention period expires.
(2) The head of an Administrative Organ shall keep together Administrative Documents that have a mutually close relationship (limited to those that are appropriate to be given the same retention period), excluding Administrative Documents for which individual management is deemed appropriate, and combine them into a single collection (hereinafter referred to as an “Administrative Document File”) in a timely manner, in order to contribute to the efficient processing of affairs or business and the appropriate preservation of Administrative Documents.
(3) In the case referred to in the preceding paragraph, the head of an Administrative Organ shall, pursuant to the provisions of a Cabinet Order, classify and title said Administrative Document File, as well as setting the retention period and the date on which said retention period expires.
(4) The head of an Administrative Organ may extend the retention period and the date on which said retention period expires, as provided for in the provision of paragraph 1 and the preceding paragraph, pursuant to the provisions of a Cabinet Order.
(5) The head of an Administrative Organ shall, as soon as possible before expiration of the retention period (or, in cases where this has been extended, of the extended retention period; the same shall apply hereinafter), prescribe that measures for transfer of an Administrative Document File and an Administrative Document which is managed individually (hereinafter referred to as “Administrative Document Files, etc.”) to the National Archives of Japan, etc., pursuant to the provisions of a Cabinet Order, should be taken when falling under Historical Public Records and Archives, and that measures for disposal should be taken in other cases, as measures to be taken when the retention periods have expired.

(Preservation): Article 6
The head of an Administrative Organ shall preserve an Administrative Document File, etc., until the expiration date of the retention period of said Administrative Document File, etc., in a location necessary to ensure appropriate preservation and use, in accordance with the contents thereof, the passage of time, the status of use, etc., after taking measures to facilitate easy identification using an appropriate recording medium.
(2) In the case referred to in the preceding paragraph, the head of an Administrative Organ shall endeavor to promote centralized management of said Administrative Document File, etc.

(Administrative Document File Management Registers): Article 7
To ensure appropriate management of an Administrative Document File, etc., the head of an Administrative Organ shall, pursuant to the provisions of a Cabinet Order, record the classification, the title, the retention period, the expiration date of the retention period, measures to be taken upon expiration of the retention period, the preservation location and other necessary matters (excluding those falling under Non-Disclosure Information as provided for in Article 5 of the Act on Access to Information Held by Administrative Organs [Act No. 42 of 1999; hereinafter referred to as “the Administrative Organs Information Disclosure Act”]) of an Administrative Document File, etc., in a register (hereinafter referred to as an “Administrative Document File Management Register”); provided, however, that this shall not apply to an Administrative Document File, etc., for which a retention period less than the period prescribed by a Cabinet Order has been set.
(2) The head of an Administrative Organ shall, pursuant to the provisions of a Cabinet Order, keep an Administrative Document File Management Register in an office of said Administrative Organ and provide it for public inspection, and shall also publicize it by a method using an electronic data processing system or a method using other information and communications technology.

(Transfer or Disposal): Article 8
The head of an Administrative Organ shall, pursuant to the provision of Article 5, paragraph 5, transfer to the National Archives of Japan, etc. or dispose of Administrative Document Files, etc. whose retention periods have expired.
(2) The head of an Administrative Organ (excluding the Board of Audit; hereinafter the same shall apply in this paragraph, paragraph 4, paragraph 3 of the following Article, Article 10, paragraph 3, Article 30 and Article 31) shall, when he/she intends to dispose of an Administrative Document File, etc., whose retention period has expired pursuant to the provision of the preceding paragraph, consult with the Prime Minister in advance and obtain his/her consent. In this case, when the consent of the Prime Minister is not obtained, the head of said Administrative Organ shall newly establish the retention period and the expiration date of the retention period for said Administrative Document File, etc.
(3) The head of an Administrative Organ shall, when finding it appropriate to restrict the use in the National Archives of Japan, etc. of Administrative Document Files, etc., which is to be transferred to the National Archives of Japan, etc. pursuant to the provision of paragraph 1, as those that fall under cases specified in Article 16, paragraph 1, item 1, attach his/her opinion to that effect.
(4) The Prime Minister may, when he/she finds it particularly necessary to preserve an Administrative Document File, etc., request the head of the Administrative Organ that possesses said Administrative Document File, etc., not to take measures for disposing of said Administrative Document File, etc.

(Reports etc. on the State of Management): Article 9
Each year, the head of an Administrative Organ shall report to the Prime Minister the state of entries in an Administrative Document File Management Register or other management states of Administrative Documents.
(2) Each year, the Prime Minister shall compile those reports set forth in the preceding paragraph and publicize their outline.
(3) In addition to what is prescribed in paragraph 1 of the preceding Article, the Prime Minister may, when he/she finds it necessary to ensure the proper management of Administrative Documents, request the head of the Administrative Organ to submit reports or materials on the management state of Administrative Documents, or have an employee thereof conduct inspection.
(4) The Prime Minister may, when he/she finds it necessary to ensure the appropriate transfer of Historical Public Records and Archives, in the case referred to in the preceding paragraph, have the National Archives of Japan request submission of said reports or materials or conduct inspection.

(Rules for the Management of Administrative Documents): Article 10
The head of an Administrative Organ shall establish rules concerning the management of Administrative Documents (hereinafter referred to as “Rules for the Management of Administrative Documents”) to ensure that Administrative Documents are managed properly pursuant to the provisions of Article 4 to the preceding Article inclusive.
(2) The Rules for the Management of Administrative Documents shall include the following matters concerning Administrative Documents:

(i) Matters concerning preparation;
(ii) Matters concerning arrangement;
(iii) Matters concerning preservation;
(iv) Matters concerning Administrative Document File Management Registers;
(v) Matters concerning transfer or disposal;
(vi) Matters concerning reports on the state of management;
(vii) Other matters prescribed by a Cabinet Order.

(3) The head of an Administrative Organ shall, when he/she intends to establish rules for the management of Administrative Documents, consult with the Prime Minister in advance and obtain his/her consent. The same shall apply when he/she intends to revise these Rules.
(4) The head of an Administrative Organ shall, when he/she has established Rules for the Management of Administrative Documents, publicize them without delay. The same shall apply when he/she has changed these Rules.

Chapter 3
Management of Corporate Documents

(Principles for the Management of Corporate Documents): Article 11
Incorporated Administrative Agencies, etc. shall manage Corporate Documents properly, in accordance with the provisions of Articles 4 to 6 inclusive.
(2) To ensure the appropriate management of Corporate Document Files, etc. (meaning Corporate Documents that are managed individually, as well as those that have a mutually close relationship and are combined in a single collection to contribute to the efficient processing of affairs or business and the appropriate preservation of Corporate Documents; the same shall apply hereinafter), Incorporated Administrative Agencies, etc. shall, pursuant to the provisions of a Cabinet Order, record the classification, the title, the retention period, the expiration date of the retention period, measures to be taken upon expiration of the retention period, the preservation location and other necessary matters (excluding those falling under Non-Disclosure Information as provided for in Article 5 of the Act on Access to Information Held by Incorporated Administrative Agencies [Act No. 140 of 2001; hereinafter referred to as “the Incorporated Administrative Agencies, etc. Information Disclosure Act”]) of Corporate Document Files, etc. in a register (hereinafter referred to as a “Corporate Document File Management Register”); provided, however, that this shall not apply to Corporate Document Files, etc., for which a retention period less than the period prescribed by a Cabinet Order has been set.
(3) An Incorporated Administrative Agency, etc. shall, pursuant to the provisions of a Cabinet Order, keep an Corporate Document File Management Register in an office of said Incorporated Administrative Agency, etc., and provide it for public inspection, and shall also publicize it by a method using an electronic data processing system or a method using other information and communications technology.
(4) With regard to a Corporate Document File, etc. whose retention period has expired, an Incorporated Administrative Agency, etc. shall, pursuant to the provisions of a Cabinet Order, transfer it to the National Archives of Japan, etc., when it falls under Historical Public Records and Archives or dispose of the same in all other cases.
(5) An Incorporated Administrative Agency, etc. shall, when it finds it appropriate to restrict the use in the National Archives of Japan, etc. of Corporate Document Files, etc., which are to be transferred to the National Archives of Japan, etc. pursuant to the provision of the preceding paragraph as those that fall under cases specified in Article 16, paragraph 1, item 2, attach its opinion to that effect.

(Reports on the State of Management etc.): Article 12
Each year, an Incorporated Administrative Agency, etc. shall report to the Prime Minister the state of entries in a Corporate Document File Management Register or other management states of Corporate Documents.
(2) Each year, the Prime Minister shall compile those reports set forth in the preceding paragraph and publicize their outline.

(Rules for the Management of Corporate Documents): Article 13
An Incorporated Administrative Agency, etc. shall establish rules concerning the management of Corporate Documents (hereinafter referred to as “Rules for the Management of Corporate Documents”), by taking into consideration the provision of Article 10, paragraph 2, to ensure that Corporate Documents are managed properly pursuant to the provisions of the preceding two Articles.
(2) An Incorporated Administrative Agency, etc. shall, when it has established Rules for the Management of Corporate Documents, publicize them without delay. The same shall apply when it changes these Rules.

Chapter 4
Preservation, Use, etc. of Historical Public Records and Archives

(Preservation and Transfer of Historical Public Records and Archives in the Possession of State Organs Other Than Administrative Organs): Article 14
A state organ (excluding Administrative Organs; hereinafter the same shall apply in this Article) shall, in consultation with the Prime Minister, take necessary measures for the appropriate preservation of Historical Public Records and Archives in the possession of said state organ.
(2) The Prime Minister may, when he/she finds it necessary to preserve Historical Public Records and Archives in the National Archives of Japan, based on the decision reached through the consultation specified in the preceding paragraph, accept the transfer of said Historical Public Records and Archives by agreement with the state organ that possesses the same.
(3) In the case referred to in the preceding paragraph, the Prime Minister may, when he/she finds it necessary, hear the opinion of the National Archives of Japan in advance.
(4) The Prime Minister shall transfer the Historical Public Records and Archives accepted pursuant to the provision of paragraph 2 to the archives established by the National Archives of Japan.

(Preservation of Specified Historical Public Records and Archives): Article 15
The head of the National Archives of Japan, etc. (meaning, in cases where the National Archives of Japan, etc. refers to a facility of an Administrative Organ, the head of the Administrative Organ to which it belongs, or in cases where the National Archives of Japan, etc. refers to a facility of an Incorporated Administrative Agency, etc., the Incorporated Administrative Agency, etc. that established said facility; the same shall apply hereinafter) shall permanently preserve Specified Historical Public Records and Archives except in cases where they are to be disposed of pursuant to the provision of Article 25.
(2) The head of the National Archives of Japan, etc. shall preserve Specified Historical Public Records and Archives in a location necessary to ensure appropriate preservation and use, in accordance with the contents thereof, the preservation status, the passage of time, the status of use, etc., after taking measures to facilitate easy identification using an appropriate recording medium.
(3) The head of the National Archives of Japan, etc. shall, when personal information (information about a living individual which can identify the specific individual by name, date of birth or other description contained in such information [including such information as will allow reference to other information and will thereby enable the identification of the specific individual]) is recorded in Specified Historical Public Records and Archives, take necessary measures for the prevention of leakage of said personal information.
(4) The head of the National Archives of Japan, etc. shall, pursuant to the provisions of a Cabinet Order, prepare and publicize a catalog describing the classifications, the titles, the names of those who have transferred, donated or deposited Specified Historical Public Records and Archives, the time of such transfer, donation or deposit, the preservation locations and other matters necessary to contribute to the appropriate preservation and use of Specified Historical Public Records and Archives.

(Requests for the Use of Specified Historical Public Records and Archives and the Handling Thereof): Article 16
The head of the National Archives of Japan, etc. shall, when receiving a request for the use of Specified Historical Public Records and Archives preserved in said National Archives of Japan, etc. in accordance with descriptions on the catalog set forth in paragraph 4 of the preceding Article, permit the use thereof, except in the following cases:

(i) When the following information is recorded in said Specified Historical Public Records and Archives which have been transferred from the head of an Administrative Organ:
  (a) Information listed in Article 5, item 1 of the Administrative Organs Information Disclosure Act;
  (b) Information listed in Article 5, items 2 or 6 (a) or (e) of the Administrative Organs Information Disclosure Act;
  (c) Information for which there are reasonable grounds for the head of an Administrative Organ that has transferred said Specified Historical Public Records and Archives to find that disclosure is likely to cause harm to national security, cause damage to the relationship of mutual trust with another country or an international organization, or cause a disadvantage in negotiations with another country or an international organization; or
  (d) Information for which there are reasonable grounds for the head of an Administrative Organ that has transferred said Specified Historical Public Records and Archives to find that disclosure is likely to cause impediments to prevention, suppression or investigation of crimes, the maintenance of prosecutions, the execution of punishment, and other matters concerning maintenance of public safety and public order;
(ii) When the following information is recorded in said Specified Historical Public Records and Archives which have been transferred from Incorporated Administrative Agencies, etc.:
(a) Information listed in Article 5, item 1 of the Incorporated Administrative Agencies, etc. Information Disclosure Act; or
(b) Information listed in Article 5, items 2 or 4 (a) to (c) inclusive or '(g) of the Incorporated Administrative Agencies, etc. Information Disclosure Act;
(iii) When said Specified Historical Public Records and Archives have been transferred from a state organ (excluding Administrative Organs) and the use thereof has been restricted by the agreement with said state organ;
(iv) When said Specified Historical Public Records and Archives have been donated or deposited by a Juridical Person, etc. or an individual on condition that all or part thereof shall not be disclosed for a certain period, and when said period has not yet elapsed; or
(v) When providing the original of said Specified Historical Public Records and Archives for use is likely to cause damage or defacement to said original, or when said original is currently used in the National Archives of Japan, etc. where said Specified Historical Public Records and Archives are preserved.

(2) The head of the National Archives of Japan, etc. shall, when judging whether or not Specified Historical Public Records and Archives pertaining to a request for use as provided for in the preceding paragraph (hereinafter referred to as “Request for Use&8221;) fall under items 1 or 2 of said paragraph, consider the passage of time since said Specified Historical Public Records and Archives were prepared or obtained as Administrative Documents or Corporate Documents, and shall also, when an opinion has been attached to said Specified Historical Public Records and Archives pursuant to the provisions of Article 8, paragraph 3 or Article 11, paragraph 5, take into consideration said opinion.
(3) The head of the National Archives of Japan, etc. shall, even in the cases set forth in paragraph 1, items 1 to 4 inclusive, when it is possible to easily divide and exclude the portion in which the information listed in items 1 (a) to (d) inclusive or 2 (a) or (b) of said paragraph, or the information pertaining to the restriction specified in item 3 of said paragraph or the conditions specified in item 4 of said paragraph is recorded, permit the person who has made a Request for Use to use the portion other than the excluded portion; provided, however, that this shall not apply when it is found that no meaningful information is recorded in the portion other than the excluded portion.

(Handling of the Personal Information of Individuals Concerned): Article 17
Notwithstanding the provisions of paragraph 1, items 1 (a) and 2 (a) of the preceding Article, the head of the National Archives of Japan, etc. shall, when receiving a Request for Use from a specific individual identified by the information listed in said provisions (hereinafter referred to as an “Individual Concerned” in this Article) for the use of Specified Historical Public Records and Archives in which said information is recorded, permit the use of the portion of said Specified Historical Public Records and Archives in which the information listed in these provisions is recorded, on condition that a document to indicate that he or she is the Individual Concerned is presented or submitted pursuant to the provisions of a Cabinet Order, except when information that is likely to cause harm to the life, health, livelihood or property of the Individual Concerned is recorded therein.

(Granting a Third Party an Opportunity to Submit a Written Opinion etc.): Article 18
When information concerning a person other than the State, an Incorporated Administrative Agency, etc., a local public entity, a Local Incorporated Administrative Agency and a person who has made a Request for Use (hereinafter referred to as a “Third Party” in this Article) is recorded in the Specified Historical Public Records and Archives pertaining to the Request for Use, the head of the National Archives of Japan, etc., when deciding whether or not to permit the use of said Specified Historical Public Records and Archives may notify the Third Party pertaining to said information of the title of the Specified Historical Public Records and Archives pertaining to the Request for Use and other matters designated by a Cabinet Order, and may grant an opportunity to submit a written opinion.
(2) The head of the National Archives of Japan, etc. shall, when permitting the use of Specified Historical Public Records and Archives in which information concerning the Third Party is recorded, and when it is found that said information falls under the information as prescribed in Article 5, item 1 (b) or the proviso of item 2 of the same Article of the Administrative Organs Information Disclosure Act, or the information prescribed in Article 5, item 1 (b) or the proviso of item 2 of the same Article of the Incorporated Administrative Agencies, etc. Information Disclosure Act, notify the Third Party in writing of the title of the Specified Historical Public Records and Archives pertaining to the Request for Use and other matters designated by a Cabinet Order, before making a decision to permit the use, and shall grant him or her an opportunity to submit a written opinion; provided, however, that this shall not apply to the case that the Third Party's location is unknown.
(3) The head of the National Archives of Japan, etc. shall, when making a decision to permit the use of Specified Historical Public Records and Archives to which opinions are attached pursuant to the provision of Article 8, paragraph 3 as that which falls under cases specified in Article 16, paragraph 1, item 1 (c) or (d), notify in advance to the head of an Administrative Organ that transferred said Specified Historical Public Records and Archives in writing of the title of the Specified Historical Public Records and Archives pertaining to the Request for Use and other matters designated by a Cabinet Order, and shall grant an opportunity to submit a written opinion.
(4) In the case that the Third Party who was granted an opportunity to submit a written opinion pursuant to the provisions of paragraphs 1 or 2 submits a written opinion manifesting the intention of opposition to the use of said Specified Historical Public Records and Archives, the head of the National Archives of Japan, etc. shall, when making a decision to permit the use of said Specified Historical Public Records and Archives place at least two weeks between the day of the decision and the day of the permitted use. In this case, upon making the decision the head of the National Archives of Japan, etc. shall immediately notify the Third Party who submitted the written opinion (referred to as a “Written Opposition Opinion” in Article 21, paragraph 2, item 2), in writing to the effect that the decision to permit the use was made and the grounds for its decision, and the date of permitting the use.

(Method of Use): Article 19
When the head of the National Archives of Japan, etc. permits the use of Specified Historical Public Records and Archives, the use shall be implemented by inspection or by the delivery of copies for documents or pictures, and for Electromagnetic Records by methods designated by a Cabinet Order which takes into consideration such matters as the type of the record and the state of development of information technology; provided, however, that, when permission of the use of Specified Historical Public Records and Archives is to be implemented by the inspection method, if it is found that the inspection is likely to hinder the preservation of said Specified Historical Public Records and Archives, or for other justifiable grounds, a copy thereof may be provided for inspection.

(Fees): Article 20
The person who uses Specified Historical Public Records and Archives by the delivery of copies shall pay a fee pursuant to the provisions of a Cabinet Order.
(2) The amount of the fee set forth in the preceding paragraph shall be determined by the head of the National Archives of Japan, etc. within the scope of actual costs, taking into consideration that the amount is made as affordable as possible.

(Filing Objections and Consulting the Public Records and Archives Management Commission): Article 21
Any person who is dissatisfied with a disposition on a Request for Use or an inaction pertaining to the Request for Use may file an objection with the head of the National Archives of Japan, etc. pursuant to the provisions of the Administrative Appeal Act (Act No. 160 of 1962).
(2) When the objection set forth in the preceding paragraph is filed, the head of the National Archives of Japan, etc. who receives said objection shall, except the cases that fall under any of the following items, consult the Public Records and Archives Management Commission:

(i) When the objection is illegitimate and is to be dismissed; or
(ii) When, by a decision, the disposition against the Request for Use pertaining to the objection is rescinded or altered, and the use of all the Specified Historical Public Records and Archives pertaining to said objection is to be permitted; provided, however, that this shall exclude the cases in which a Written Opposition Opinion regarding the use of the Specified Historical Public Records and Archives pertaining to said objection has been submitted.

(Application of the Incorporated Administrative Agencies, etc. Information Disclosure Act and the Act for Establishment of the Information Disclosure and Personal Information Protection Review Board): Article 22
The provisions of Articles 19 and 20 of the Incorporated Administrative Agencies, etc. Information Disclosure Act and Articles 9 to 16 inclusive of the Act for Establishment of the Information Disclosure and Personal Information Protection Review Board (Act No. 60 of 2003) shall apply mutatis mutandis to the filing of objections pursuant to the provision of the preceding Article. In this case, the term “paragraph 2 of the preceding Article” in Article 19 of the Incorporated Administrative Agencies, etc. Information Disclosure Act shall be deemed to be replaced with “Article 21, paragraph 2 of the Public Records and Archives Management Act (hereinafter referred to as the “Archives Management Act”)”, the term “Incorporated Administrative Agencies, etc.” in said Article shall be deemed to be replaced with “the head of the National Archives of Japan, etc. as provided for in Article 15, paragraph 1 of the Archives Management Act”; the term “the Disclosure Requester” in item 2 of said Article shall be deemed to be replaced with “the person making a Request for Use (meaning a Request for Use as provided for in Article 16, paragraph 2 of the Archives Management Act; the same shall apply hereinafter); the term “a Written Opposition Opinion regarding the Disclose Decision, etc.” in item 3 of said Article shall be deemed to be replaced with “a Written Opposition Opinion to a disposition on a Request for Use, as provided for in Article 18, paragraph 4 of the Archives Management Act”; the term “Article 14, paragraph 3” in Article 20 of the Incorporated Administrative Agencies, etc. Information Disclosure Act shall be deemed to be replaced with “Article 18, paragraph 4 of the Archives Management Act”; the term “a Disclosure Decision” in item 1 of said Article shall be deemed to be replaced with “a decision to permit use”; the term “a Disclosure Decision, etc.” in item 2 of said Article shall be deemed to be replaced with “a disposition on a Request for Use”; the term “disclosing Corporate Documents” shall be deemed to be replaced with “permitting the use of Specified Historical Public Records and Archives (meaning Specified Historical Public Records and Archives as provided for in Article 2, paragraph 7 of the Archives Management Act; hereinafter the same shall apply in this item)”; the term “the disclosure of the Corporate Documents” shall be deemed to be replaced with “permitting the use of Specified Historical Public Records and Archives”; the term “the Review Board” in the provisions of Articles 9 to 16 inclusive of the Act for Establishment of the Information Disclosure and Personal Information Protection Review Board shall be deemed to be replaced with “the Public Records and Archives Management Commission”; the term “the consulting agency” in Article 9, paragraph 1 of said Act shall be deemed to be replaced with “the consulting agency (meaning the head of the National Archives of Japan, etc. as provided for in Article 15, paragraph 1 of the Public Records and Archives Management Act [hereinafter referred to as “the Archives Management Act”] to be consulted pursuant to the provision of Article 21, paragraph 2 of the Archives Management Act; hereinafter the same shall apply in this Article)”; the term “presentation of Administrative Documents, etc. or personal information held” shall be deemed to be replaced with “presentation of Specified Historical Public Records and Archives (meaning Specified Historical Public Records and Archives as provided for in Article 2, paragraph 7 of the Archives Management Act; the same shall apply hereinafter)”; the term “disclosure of Administrative Documents, etc. or personal information held” shall be deemed to be replaced with “disclosure of Specified Historical Public Records and Archives”; the term “information recorded in Administrative Documents, etc. or information included in personal information held” in paragraph 3 of said Article shall be deemed to be replaced with “information recorded in Specified Historical Public Records and Archives”; the term “filing of an appeal” in paragraph 4 of said Article shall be deemed to be replaced with “filing an objection”; the term “an appellant” in said paragraph shall be deemed to be replaced with “an objector”; the term “an appellant, etc.” in said paragraph shall be deemed to be replaced with “an objector, etc.”; the term “an appellant, etc.” in the provisions of Articles 10 to 13 inclusive of said Act shall be deemed to be replaced with “an objector, etc.”; the term “an appellant” in Article 10, paragraph 2 and Article 16 of said Act shall be deemed to be replaced with “an objector”; and “Administrative Documents, etc. or personal information held” in Article 12 of said Act shall be deemed to be replaced with “Specified Historical Public Records and Archives.”

(Promotion of Use): Article 23
The head of the National Archives of Japan, etc. shall actively endeavor to provide Specified Historical Public Records and Archives (limited to those whose use may be permitted pursuant to the provision of Article 16) for public use through exhibitions or other means.

(Special Provisions for Use by Transferring Administrative Organs etc.): Article 24
When the head of an Administrative Organ or of an Incorporated Administrative Agency, etc. that has transferred Specified Historical Public Records and Archives makes a Request for the Use of said Specified Historical Public Records and Archives to the head of the National Archives of Japan, etc. as they are necessary for the execution of the affairs under its jurisdiction or its business, the provisions of Article 16, paragraph 1, items 1 and 2 shall not apply.

(Disposal of Specified Historical Public Records and Archives): Article 25
The head of the National Archives of Japan, etc. may, when he/she finds that records preserved as Specified Historical Public Records and Archives are no longer important as historical materials, consult with the Prime Minister, and after obtaining his/her consent, may dispose of said records.

(Reports etc. on the State of Preservation and Use): Article 26
Each year, the head of the National Archives of Japan, etc. shall report to the Prime Minister on the state of preservation and use of Specified Historical Public Records and Archives.
(2) Each year, the Prime Minister shall compile the reports set forth in the preceding paragraph and publicize their outline.

(Rules for Use etc.): Article 27
The head of the National Archives of Japan, etc. shall establish rules concerning the preservation, use and disposal of Specified Historical Public Records and Archives (hereinafter referred to as “Rules for Use, etc.”), to ensure that the preservation, use and disposal of Specified Historical Public Records and Archives are carried out appropriately pursuant to the provisions of Articles 15 to 20 inclusive and the provisions of Article 23 to the preceding Article inclusive.
(2) The following matters concerning Specified Historical Public Records and Archives shall be included in Rules for Use, etc.:

(i) Matters related to preservation;
(ii) Fees prescribed in Article 20 and other matters related to public use;
(iii) Matters related to the use of Specified Historical Public Records and Archives by the heads of Administrative Organs or Incorporated Administrative Agencies, etc., that have transferred said Specified Historical Public Records and Archives;
(iv) Matters related to disposal; and
(v) Matters related to reports on the state of preservation and use.

(3) The head of the National Archives of Japan, etc. shall, when intending to establish the Rules for Use, etc., consult the Prime Minister in advance and obtain his/her consent. The same shall apply when the head intends to revise these Rules.
(4) The head of the National Archives of Japan, etc. shall, when establishing the Rules for Use, etc., publicize the Rules without delay. The same shall apply when the head has changed these Rules.

Chapter 5
Public Records and Archives Management Commission

(Establishment of the Commission): Article 28
The Public Records and Archives Management Commission (hereinafter referred to as “the Commission”) shall be established in the Cabinet Office.
(2) The Commission shall deal with matters under the authority thereof pursuant to the provisions of this Act.
(3) Members of the Commission shall be appointed by the Prime Minister from among persons who have excellent knowledge and experience for the management of Public Records and Archives.
(4) In addition to what is provided for in this Act, necessary matters concerning the organization and operation of the Commission shall be prescribed by a Cabinet Order.

(Consultation with the Commission): Article 29
The Prime Minister shall consult the Commission in the following cases:

(i) When intending to enact, revise or abolish the Cabinet Order under the provisions of Article 2, paragraph 1, items 4 or 5, paragraph 3, item 2, paragraph 4, item 3, paragraph 5, items 3 or 4, Article 5, paragraph 1 or paragraphs 3 to 5 inclusive, Article 7, Article 10, paragraph 2, item 7, Article 11, paragraphs 2 to 4 inclusive, Article 15, paragraph 4, Article 17, Article 18, paragraphs 1 to 3 inclusive, Article 19, or Article 20, paragraph 1;
(ii) When intending to give consent pursuant to the provisions of Article 10, paragraph 3, Article 25, or Article 27, paragraph 3; or
(iii) When intending to make recommendations pursuant to the provision of Article 31.

(Request for Submission of Materials etc.): Article 30
The Commission may, when finding it necessary for performing affairs under the jurisdiction, request the heads of relevant Administrative Organs or the head of the National Archives of Japan etc. to submit materials, state their opinions, explain, and offer other necessary cooperation.

Chapter 6
Miscellaneous Provisions

(Recommendations by the Prime Minister): Article 31
The Prime Minister may, when he/she finds it particularly necessary for the enforcement of this Act, recommend that the heads of Administrative Organs improve their management of Public Records and Archives and request reports on measures taken as a result of said recommendation.

(Training): Article 32
The heads of Administrative Organs and Incorporated Administrative Agencies, etc. shall respectively provide the employees of said Administrative Organs or said Incorporated Administrative Agencies, etc. with training to acquire and improve knowledge and skills necessary for appropriate and effective management of Public Records and Archives.
(2) The National Archives of Japan shall provide the employees of Administrative Organs and Incorporated Administrative Agencies, etc. with training to acquire and improve knowledge and skills necessary to ensure appropriate and effective preservation and transfer of Historical Public Records and Archives.

(Measures for Proper Management of Administrative Documents etc. Accompanying Organizational Reform): Article 33
The head of an Administrative Organ shall, when said Administrative Organ is subject to consolidation, abolition or other organizational reforms, take necessary measures to ensure the proper management of Administrative Documents under its management, pursuant to the provisions of this Act, even after the consolidation, abolition or other organizational reforms.
(2) An Incorporated Administrative Agency, etc. shall, when said Incorporated Administrative Agency, etc., is subject to privatization or other organizational reforms, take necessary measures to ensure the proper management of Corporate Documents under its management, in accordance with the provisions of this Act, even after the privatization or other organizational reforms.

(Management of Documents by Local Public Entities): Article 34
In accordance with the purpose of this Act, a local public entity shall endeavor to formulate and implement measures necessary for the proper management of documents in its possession.

Supplementary Provisions (Extract)

(Effective Date): Article 1
This Act shall come into effect as from the date specified by a Cabinet Order within a period not exceeding two years from the day of promulgation; provided, however, that the provisions listed in the following items shall come into effect as from the date specified in each item:

(i) The provisions of Chapter 5 (excluding Article 29, items 2 and 3), the provision in Article 10 of the Supplementary Provisions to revise the table in Article 37, paragraph 2 of the Act for Establishment of the Cabinet Office, and the provision of Article 11, paragraph 3 of the Supplementary Provisions: the day specified by a Cabinet Order within a period not exceeding one year from the day of promulgation;
(ii) The provision of Article 9 of the Supplementary Provisions: the day of promulgation of the Act on the Arrangement, etc. of Related Acts that Accompany the Enforcement of the Administrative Appeal Act (Act No. of 2009) or the day of promulgation of this Act, whichever comes later.

(Transitional Measures Concerning Specified Historical Public Records and Archives): Article 2
Historical Public Records and Archives being preserved in the National Archives of Japan, etc. at the time when this Act comes into effect shall be deemed as Specified Historical Public Records and Archives.

(Transitional Measures Concerning the Preservation and Transfer of Historical Public Records and Archives in the Possession of State Organs Other than Administrative Organs): Article 3
Decisions which are made prior to the enforcement of this Act based on the consultation between a state organ (excluding Administrative Organs) and the Prime Minister pursuant to the provision of Article 15, paragraph 1 of the National Archives Act (Act No. 79 of 1999) prior to the revision by the following Article shall be deemed as decisions based on the consultation pursuant to the provision of Article 14, paragraph 1.

(Review): Article 13
Approximately five years after the enforcement of this Act, the Government shall review the scope of Administrative Documents and Corporate Documents as well as other matters, taking into consideration the state of enforcement of this Act, and, when it finds it necessary, shall take necessary measures based on the findings of the review.
(2) Management of the documents of the Diet and the Courts shall be subject to review, in consideration of the purpose of this Act, as well as the status, power, etc. of the Diet and the Courts.

Supplementary Provisions (Act No. 76 of July 10, 2009) (Extract)

(Effective Date): Article 1
This Act shall come into effect as from the date specified by a Cabinet Order within a period not exceeding three years from the day of promulgation; provided, however, that the provisions listed in the following items shall come into effect as from the date specified in each item:

(i) The provisions of the following paragraph, the following Article, and Article 4, paragraphs 2 and 3, and Articles 13 and 22 of the Supplementary Provisions: the day of promulgation.

(Adjustment Provisions): Article 22
Where this Act comes into effect before the date when the Act for Partial Revision of the Employment Insurance Act, etc. (Act No. 5 of 2009) comes into effect, with regard to the application of the provision of Article 19 of the Supplementary Provisions, the term “Article 155” in said Article shall be deemed as “Article 154,” the term “Article 156” shall be deemed as “Article 155,” and the term “Article 154” shall be deemed as “Article 153,” and with regard to the application of the provision of Article 18 of the Supplementary Provisions of said Act, the term “Article 154” in said Article shall be deemed as “Article 155” and the term “Article 155” shall be deemed as “Article 156.”

Supplementary Provisions (Act No. 39 of May 2, 2011) (Extract)

(Effective Date): Article 1
This Act shall come into effect as from the day of promulgation; provided, however, that the provisions of Article 5, paragraph 1, Article 47 of this Act and Articles 22 to 51 inclusive of the Supplementary Provisions shall come into effect as of April 1, 2012.

(Transitional Measures Concerning Application of Penal Provisions): Article 51
With regard to the application of penal provisions to acts committed prior to the enforcement of the provision of the proviso of Article 1 of the Supplementary Provisions, the provisions then in force shall remain applicable.

(Review of Activities of Companies): Article 52
The Government shall, after the formation of a company, taking into consideration the state of enforcement of this Act, from the perspective that companies supplement financial services provided by general financial institutions, review the activities of the company and when it finds it necessary, take necessary measures including abolition of business thereof based on the findings of the review.

Supplementary Provisions (Act No. 54 of May 25, 2011) (Extract)

(Effective Date): Article 1
This Act shall come into effect as from the date specified by a Cabinet Order within a period not exceeding one year and six months from the day of promulgation.

Appended Table 1 (Re: Article 2)

Name	Governing Act
Okinawa Development Finance Corporation	Okinawa Development Finance Corporation Act (Act No. 31 of 1972)
Japan Finance Corporation	Japan Finance Corporation Act (Act No. 57 of 2007)
Kansai International Airport Co., Ltd.	Act on Kansai International Airport Co., Ltd. (Act No. 53 of 1984)
National University Corporations	National University Corporation Act (Act No. 112 of 2003)
Inter-University Research Institute Corporations	National University Corporation Act
Bank of Japan	Bank of Japan Act (Act No. 89 of 1997)
Japan Legal Support Center	Comprehensive Legal Support Act (Act No. 74 of 2004)
Promotion and Mutual Aid Corporation for Private Schools of Japan	Act on the Promotion and Mutual Aid Corporation for Private Schools of Japan (Act No. 48 of 1997)
Japan Racing Association	Japan Racing Association Act (Act No. 205 of 1954)
Japan Pension Service	Japan Pension Organization Act (Act No. 109 of 2007)
Agricultural and Fishery Cooperation Savings Insurance Corporation	Agricultural and Fishery Cooperation Savings Insurance Act (Act No. 53 of 1973)
The Open University of Japan	Act on the Open University of Japan (Act No. 156 of 2002)
Deposit Insurance Corporation of Japan	Deposit Insurance Act (Act No. 34 of 1971)

Appended Table 2 (Re: Article 2)

Kansai International Airport Co., Ltd.

(1) Activities pertaining to the affairs of the establishment of facilities (excluding those pertaining to the construction thereof) provided for in Article 6, paragraph 1, item 2 of the Kansai International Airport and Kansai International Airport Co., Ltd. Act (hereinafter referred to as “the Company Act” in this paragraph) and of the management thereof;
(2) Activities pertaining to the affairs of the management of the facilities specified by a Cabinet Order set forth in Article 6, paragraph 1, item 3 of the Company Act and the facilities provided for in item 4 of said paragraph;
(3) Activities pertaining to the affairs incidental to the affairs provided for in the preceding two items;
(4) Activities pertaining to the affairs listed in Article 6, paragraph 1, item 6 of the Company Act pertaining to the affairs provided for in the preceding three items; and
(5) Activities pertaining to the affairs provided for in Article 6, paragraph 2 of the Company Act

Promotion and Mutual Aid Corporation for Private Schools of Japan

(1) Activities listed in Article 23, paragraph 1, items 6 to 8 inclusive of the Act on the Promotion and Mutual Aid Corporation for Private Schools of Japan (hereinafter referred to as “the Corporation Act” in this paragraph);
(2) Activities provided for in Article 23, paragraph 2 of the Corporation Act; and
(3) Activities listed in Article 23, paragraph 3, items 1 and 2 of the Corporation Act

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