Financial Crime World

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Japan Toughens Stance on Organized Crime with Anti-Organized Crimes Act

TOKYO - Japan has strengthened its efforts to combat organized crime and money laundering by implementing the Act on Punishment of Organized Crimes, Control of Crime Proceeds and Other Matters (AOCA).

Under the AOCA, Japanese authorities will provide assistance to foreign countries in investigating and prosecuting organized crimes, including requests for mutual legal assistance (MLA) in the absence of a treaty. The law requires that MLA requests meet specific requirements, including:

  • Reciprocity
  • Non-political offense
  • Dual criminality
  • Essential evidence

Asset Confiscation and Transfer

The AOCA also enables Japan to execute foreign confiscation orders and transfer assets confiscated as proceeds of crime. To do so, the requesting country must demonstrate that the act constituting the offense would constitute a crime under Japanese law, and there should be no pending or final judgments related to the offense in Japan.

No Superficial Dual Criminality Requirement

Japan does not apply the dual criminality requirement superficially, but rather examines whether the facts constituting the offense contain a constituent element of a crime prescribed in Japanese laws. This approach has led to few refusals of MLA requests on the grounds of dual criminality.

Law Praised for Flexibility and Effectiveness

The AOCA has been praised for its flexibility and effectiveness in combating organized crime and money laundering. The law is seen as a major step forward in Japan’s efforts to strengthen international cooperation and prevent the transfer of criminal proceeds.

Contact Information

For inquiries regarding MLA requests, please contact:

  • International Affairs Division, Criminal Affairs Bureau, Ministry of Justice (TEL: +81-3-3580-4111)
  • International Safety and Security Cooperation Division, Foreign Policy Bureau, Ministry of Foreign Affairs (TEL: +81-3-5501-8000)

List of Abbreviations

  • AOCA: Act on Punishment of Organized Crimes, Control of Crime Proceeds and Other Matters
  • Criminal Proceeds Act: Act on Prevention of Transfer of Criminal Proceeds
  • JAFIC: Japan Financial Intelligence Center
  • AIAI: Act on International Assistance in Investigation