Japan Oil, Gas and Metals National Corporation Law

Transcription

1 Japan Oil, Gas and Metals National Corporation Law (Law No. 94 of July 26, 2002) Final revision: Law No. 39 of June 2, 2010 Contents Chapter I General Provisions (Articles 1 to 5) Chapter II Executives and Staff Members (Articles 6 to 10) Chapter III Operations, etc. (Articles 11 to 19) Chapter IV Miscellaneous Provisions (Articles 20 to 23) Chapter V Penal Provisions (Articles 24 and 25) Supplementary Provisions Chapter I General Provisions (Purpose) Article 1. The purpose of this Law is to provide matters relating to the name, purposes, scope of operations, etc. of the Incorporated Administrative Agency Japan Oil, Gas and Metals National Corporation. (Name) Article 2. The name of an Incorporated Administrative Agency provided in Article 2(1) of the Law on General Principles Concerning Incorporated Administrative Agencies (Law No. 103 of 1999; hereinafter referred to as the General Principles Law ), which is established by the provisions of this Law and the General Principles Law, shall be Incorporated Administrative Agency Japan Oil, Gas and Metals National Corporation. (Purposes of the JOGMEC) Article 3. The purposes of the Incorporated Administrative Agency Japan Oil, Gas and Metals National Corporation (hereinafter referred to as the JOGMEC ) are to supply the necessary funds for exploring for petroleum and combustible natural gas (hereinafter referred to as Petroleum, etc. ) as well as metallic minerals or others and to conduct other operations necessary for promoting the development of petroleum, combustible natural gas resources and metallic mineral resources as well as operations necessary for stockpiling petroleum and metallic mineral products, thereby contributing to a stable and low-price supply of Petroleum, etc. and metallic mineral products, as well as to loan the necessary funds for controlling mine damages caused by metal mining, etc. and other operations, thereby contributing to the protection of the nation s health, the preservation of the living environment and the sound development of metal mining, etc. (Office) Article 4. The JOGMEC shall have its main office in Kanagawa Prefecture. (Capital) Article 5. The capital of the JOGMEC shall be the total of the amounts that have been deemed to have been invested by the government in accordance with the provisions of Article 4(3) and Article 5(4) of the Supplementary Provisions of the Law on the Abolishment of the Japan National Oil Corporation Law and the Metal Mining Agency of Japan Law, etc. (Law No. 93 of 2002; hereinafter referred to as the Abolishment Law ). (2) The government may make additional investment in the JOGMEC within the confines of the amount

2 prescribed by the budget if it is considered necessary. In such case, if the whole or part of the relevant amount invested should be allocated to credit fund mentioned in Article 17(1), the government shall indicate the relevant amount. (3) When receiving an investment from the government in accordance with the provision of the preceding paragraph, the JOGMEC shall increase its capital by the invested amount. Chapter II Executives and Staff Members (Executives) Article 6. The JOGMEC shall have, as its executives, a Chairman of the Board as its head and two Auditors. (2) The JOGMEC may have, as its executives, one Vice Chairman of the Board and up to six Board Members. (Duties and authorities of Vice Chairman of the Board and Board Members, etc.) Article 7. The Vice Chairman of the Board, as designated by the Chairman of the Board, shall represent the JOGMEC and assist the Chairman of the Board in administering the operations of the JOGMEC. (2) The Board Members, as designated by the Chairman of the Board, shall assist the Chairman of the Board (if the JOGMEC has a Vice Chairman of the Board, the Chairman of the Board and the Vice Chairman of the Board) in administering the operations of the JOGMEC. (3) The executive prescribed by an individual law, which is mentioned in Article 19(2) of the General Principles Law, shall be the Vice Chairman of the Board. However, if the JOGMEC does not have a Vice Chairman of the Board but has Board Members, it shall be a Board Member, and if the JOGMEC has neither a Vice Chairman of the Board nor Board Members, it shall be an Auditor. (4) In the case mentioned in the proviso of the preceding paragraph, the Auditor who substitutes for the Chairman of the Board or conducts the duties of the Chairman of the Board in accordance with the provision of Article 19(2) of the General Principles Law must not conduct the duties of Auditors during the time for which he serves as a substitute or conducts such duties. (Term of executives) Article 8. The terms of the Chairman of the Board and the Vice Chairman of the Board shall be four years each, and the terms of the Board Members and the Auditors shall be two years each. (Confidentiality obligations) Article 9. The executives or staff members of the JOGMEC or those who have been in such positions must not leak or fraudulently use secrets that they have come to know through their duties. (Position of executives and staff members) Article 10. The executives and staff members of the JOGMEC shall be deemed to be staff members who engage in official duties by statute in terms of the application of the Penal Code (Law No. 45 of 1907) and other penal provisions. Chapter III Operations, etc. (Scope of operations) Article 11. The JOGMEC shall conduct the following operations to achieve the purposes mentioned in Article 3:

3 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) making investments to supply the necessary funds for exploring for and extracting Petroleum, etc. (including oil sand and oil shale; the same applies hereafter) overseas and in waters around Japan and liquefying combustible natural gas overseas, exploring and mining of metallic minerals overseas and in waters around Japan as well as concentration, smelting or other operations ancillary thereto (hereinafter referred to in this Subparagraph and Subparagraph 3 as the Mining, etc ) (in terms of the necessary funds for extracting petroleum or extracting combustible natural gas in waters around Japan and the Mining, etc. of metallic minerals, limited to the necessary funds for taking over the right to extract Petroleum, etc., to perform the Mining, etc. of metallic minerals or other similar rights from the right holders in the case of conducting extraction or the Mining, etc. after taking over such rights from them, as well as the necessary funds for starting extraction or the Mining, etc. based on these rights (hereinafter collectively referred to in Subparagraph 3 of the immediately following Article and paragraph 1 of Article 14 as the Rights Taking-over Funds )), as well as the necessary funds for exploring for metallic minerals overseas; loaning the necessary funds for exploring for metallic minerals (including the necessary funds for supplying the relevant funds) to those who run metal mining businesses; providing debt guarantee relating to the necessary funds for exploring for and extracting Petroleum, etc. (including refining incidental thereto; the same applies in Subparagraph (v)) overseas and liquefying combustible natural gas as well as the necessary funds for the Mining, etc. of metallic minerals overseas, and mineral dressing, refining and other operations incidental to the mining (including the necessary funds for supplying the relevant funds); acquiring the right to explore for Petroleum, etc. and metallic minerals overseas and other similar rights (limited to the acquisition of such right for the purpose of assigning the right to a party other than the JOGMEC within the period prescribed by the Ordinance of the Ministry of Economy, Trade and Industry in the case where there are special circumstances that make it difficult for a party other than the JOGMEC to acquire such right); giving guidance for techniques relating to the exploration and extraction of Petroleum, etc., demonstrating the relevant techniques overseas, and demonstrating techniques relating to the exploration, extraction, mineral dressing and refining of metallic minerals; conducting surveys on geological structures, which are necessary for exploring for Petroleum, etc. and metallic minerals (in terms of surveys relating to the exploration of metallic minerals, limited to those that are conducted overseas and for which a part of the expenses is borne by a party other than the national government and the JOGMEC and those that are conducted in waters at the depth prescribed by Cabinet Order that is deeper than 200 meters); offering grants to be allocated to the necessary funds for surveys on geological structures, which are necessary for exploring for metallic minerals overseas (limited to those that are conducted by those who run metal mining businesses in cooperation with a foreign corporation); collecting and providing information or materials relating to the development of metallic mineral resources overseas; lending ships necessary for exploring for metallic minerals and conducting surveys on geological structures required for the exploration; managing national petroleum stockpiling (referring to national petroleum stockpiling provided in Article 2(10) of the Law on Ensured Petroleum Stockpiling, etc. (Law No. 96 of 1975); the same applies hereafter) and national stockpiling facilities (referring to national stockpiling facilities provided in Article 31 of the said Law; the same applies hereafter) on consignment from the national government; acquiring, possessing and assigning petroleum in relation to operations mentioned in the preceding subparagraph;

4 (xii) loaning the necessary funds for strengthening petroleum stockpiling (limited to the necessary funds for purchasing petroleum), as well as making investments for and loaning the necessary funds for establishing facilities required to strengthen petroleum stockpiling (limited to that which is conducted by a corporation in relation to investment from two or more petroleum refineries and other persons prescribed by the Ordinance of the Ministry of Economy, Trade and Industry, and excluding that which is conducted mainly for the purpose of storing national petroleum stockpiles); (xiii) stockpiling metallic mineral products; (xiv) loaning the necessary funds for taking measures to control mine damages caused by metal mining, etc. (referring to metal mining and nonmetal mining prescribed by the Ordinance of the Ministry of Economy, Trade and Industry; the same applies hereafter); (xv) providing debt guarantees relating to the necessary funds for taking measures to control mine damages caused by metal mining, etc.; (xvi) managing the mine damage control reserve in accordance with the provision of Article 7(3) of the Law on Special Measures for Mine Damages Caused by the Metal Mining Industry, etc. (Law No. 26 of 1973); (xvii) collecting and making use of money contributed in accordance with the provision of Article 12(1) of the Law on Special Measures for Mine Damages Caused by the Metal Mining Industry, etc. (including its mutatis mutandis application in Paragraph (3) of the said Article), as well as paying the necessary expenses in accordance with the provision of Article 13(3) of the said Law (including its mutatis mutandis application in Article 14(2) and Article 30(2) of the said Law); (xviii) conducting surveys and giving guidance to control mine damages caused by metal mining, etc.; (xix) running facilities that are used for processing for controlling mine damages due to mine water or wastewater after the completion of metal mining, etc. and that are of a larger scale than that prescribed by the Ordinance of the Ministry of Economy, Trade and Industry, on consignment from local governments; (xx) conducting operations incidental to operations mentioned in the preceding subparagraphs. (2) The JOGMEC shall conduct, in addition to operations mentioned in the preceding paragraph, operations to control mine damages in accordance with the provision of Article 30(1) of the Law on Special Measures for Mine Damages Caused by the Metal Mining Industry, etc. (3) The JOGMEC, in addition to operations mentioned in the preceding two paragraphs, may lend ships mentioned in Paragraph (1)(ix) for scientific surveys within a limit that does not affect the performance of operations mentioned in the preceding two paragraphs. (4) The JOGMEC shall strive to limit the debt guarantee provided in Paragraph (3)(iii) to cases where the performance of debts relating to the relevant guarantee is recognized to be assured. (5) The scope of metallic minerals mentioned in Paragraph (1)(i) to (vii) as well as metallic mineral products mentioned in Subparagraph (xiii) of the said paragraph shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry. (Sectional accounting) Article 12. The JOGMEC must sectionalize accounting with respect to each kind of operation mentioned in the following, set up an account for each section, and liquidate it: (i) operations mentioned in Paragraphs (1)(i) and (iii) to (vi) of the preceding article (limited to those relating to Petroleum, etc.), and operations mentioned in Subparagraphs (x) to (xii) of the said paragraph, as well as operations incidental to them; (ii) operations mentioned in Paragraph (1)(i) of the preceding article (limited to those relating to the exploration of metallic minerals), operations mentioned in Subparagraph (iii) of the said paragraph

5 (iii) (iv) (v) (limited to those relating to metallic minerals), and operations mentioned in Subparagraphs (ii), (ix) and (xiii) of the said paragraph, and operations incidental to them, as well as operations mentioned in Paragraph (3) of the said Article; operations mentioned in Paragraph (1)(i) of the preceding article (limited to those relating to the Rights Taking-over Funds pertaining to metallic minerals), operations mentioned in Subparagraphs (iv) to (vi) of the said paragraph (limited to those relating to metallic minerals), operations mentioned in Subparagraphs (vii), (viii), (xiv), (xv), (xviii) and (xix) of the said paragraph, and operations incidental to them, as well as operations mentioned in Paragraph (2) of the said Article; operations mentioned in Paragraph (1)(xvi) of the preceding Article and operations incidental to them; operations mentioned in Paragraph (1)(xvii) of the preceding Article and operations incidental to them. (Exceptions to disposition of profit and loss, etc.) Article 13. When some reserve in accordance with the provision of Article 44(1) of the General Principles Law remains after liquidation in accordance with the provision of Paragraph (1) or (2) of the said article with respect to the last business term of the intermediate target period provided in Article 29(2)(i) of the General Principles Law (referred to as the intermediate target period hereinafter in this paragraph and Paragraph (7)), in respective accounts relating to each kind of operation mentioned in Subparagraph (i) to (iii) of the preceding article, the JOGMEC may allocate, within the amount equivalent to the reserve, the amount consented by the Minister of Economy, Trade and Industry to the funds for operations provided in Article 11 that are to be conducted during the intermediate target period following the relevant intermediate target period, as prescribed by an intermediate plan relating to the intermediate target period following the relevant intermediate target period that has been approved in accordance with Article 30(1) of the General Principles Law (if an approval of changes has been obtained in accordance with the provision of the latter part of the said paragraph, a plan after the changes). (2) When intending to give consent in accordance with the provision of the preceding paragraph, the Minister of Economy, Trade and Industry must hear the opinions of the Incorporated Administrative Agency Evaluation Committee of the Ministry of Economy, Trade and Industry in advance. (3) When some amount remains after subtracting the amount consented in accordance with the provision of Paragraph (1) from the amount equivalent to the amount of reserve provided in the said paragraph, the JOGMEC must pay the remaining amount to the national treasury. (4) The provisions of the proviso of Paragraph (1), and Paragraphs (3) and (4) of Article 44 of the General Principles Law shall not be applied to the account relating to operations mentioned in Subparagraph (iv) of the preceding article (referred to as Account No. 4 in Paragraph (7)) and the account relating to operations mentioned in Subparagraph (v) of the said article (referred to as Account No. 5 hereinafter in this Article). (5) With respect to the application of the provision of the main clause of Article 44(1) of the General Principles Law in terms of Account No. 5, the remaining amount in the said paragraph shall read the amount more than the amount obtained by multiplying the remaining amount by the rate prescribed by the Ordinance of the Ministry of Economy, Trade and Industry. (6) When some amount remains in Account No. 5 after liquidation in accordance with the provision of the main clause of Article 44(1) of the General Principles Law being read in accordance with the provision of the preceding paragraph, the JOGMEC may incorporate the remaining amount into the Mine Damage Control Operation Funds mentioned in Article 19(1) with the approval of the Minister of Economy, Trade and Industry. (7) When some reserve in accordance with the provision of Article 44(1) of the General Principles Law remains after liquidation in accordance with the provision of the main clause of Paragraph (1) (in terms of Account No. 5, the main clause of Article 44(1) of the General Principles Law being read in accordance with the provision of Paragraph (5)) or Paragraph (2) of the said article with respect to the last business term of the intermediate target period, in Account No. 4 or No. 5, the JOGMEC must liquidate the amount equivalent to the remaining amount as

6 a reserve for the intermediate target period following the relevant intermediate target period. (8) In addition to matters provided in the preceding paragraphs, procedures for making payment and other matters necessary for disposing of the reserve shall be prescribed by Cabinet Order. (Long-term loans payable and bonds for petroleum, natural gas and metallic mineral resources) Article 14. The JOGMEC may receive long-term loans payable or issue bonds for petroleum, natural gas and metallic mineral resources (hereinafter referred to as bonds ) to allocate funds to the necessary expenses for operations mentioned in Article 11(1)(i) (limited to those relating to the Rights Taking-over Funds) and Subparagraphs (ii) to (iv) of the said paragraph and Subparagraphs (xii) to (xiv), with the approval of the Minister of Economy, Trade and Industry. (2) When intending to give approval in accordance with the provision of the preceding paragraph, the Minister of Economy, Trade and Industry must hear the opinions of the Incorporated Administrative Agency Evaluation Committee of the Ministry of Economy, Trade and Industry in advance. (3) The creditors of bonds in accordance with the provision of Paragraph (1) shall have the right to receive the reimbursement of their own claimable assets with respect to the property of the JOGMEC in preference to other creditors. (4) The order of lien mentioned in the preceding paragraph shall be next to the general lien in accordance with the provisions of the Civil Code (Law No. 89 of 1896). (5) The JOGMEC, with the approval of the Minister of Economy, Trade and Industry, may consign all or part of the administrative affairs relating to the issuance of bonds to a bank or trust company. (6) The provisions of Articles 705(1), (2) and 709 of the Companies Act (Act No. 86 of 2005) shall be applied mutatis mutandis to a bank or trust company that has been consigned in accordance with the provision of the preceding paragraph. (7) In addition to the matters provided in the preceding paragraphs, the matters necessary for bonds shall be prescribed by Cabinet Order. (Debt guarantee) Article 15. The government may provide a guarantee for the long-term loans payable or bonds of the JOGMEC (excluding debts for which the government may conclude a guarantee agreement on the basis of the provision of Article 2 of the Law for Special Measures for Introduction of Foreign Capital from the International Bank for Reconstruction and Development, etc. (Law No. 51 of 1953)) within the confines of the amount decided by the Diet, notwithstanding the provision of Article 3 of the Law on Limitation of Governmental Financial Support to Corporations (Law No. 24 of 1946). (Redemption plan) Article 16. Every business term, the JOGMEC must draw up a redemption plan for long-term loans payable and bonds and obtain approval for it from the Minister of Economy, Trade and Industry. (2) When intending to give approval in accordance with the provision of the preceding paragraph, the Minister of Economy, Trade and Industry must hear the opinions of the Incorporated Administrative Agency Evaluation Committee of the Ministry of Economy, Trade and Industry in advance. (Credit funds) Article 17. The JOGMEC shall establish credit funds for operations mentioned in Article 11(1)(iii) (limited to those relating to Petroleum, etc.) and operations incidental to them, and allocate the amount indicated by the government in accordance with the provision of the latter part of Article 5(2) to the funds. (2) When profits or losses have arisen in calculation of profits and losses for each business term, the credit funds

7 mentioned in the preceding paragraph shall increase or decrease by the amount of the profits or losses, as prescribed by the Ordinance of the Ministry of Economy, Trade and Industry. (Limit of debt guarantee) Article 18. The JOGMEC must not provide any additional guarantee pursuant to the provision of the said Subparagraph in accordance with the provision of Article 11(1)(iii) in the case where the current amount of debts relating to guarantee in accordance with the provision of Article 11(1)(iii) (limited to that relating to Petroleum, etc.; the same applies hereafter in this article) exceeds the amount obtained by multiplying the amount invested to be allocated to credit funds mentioned in Paragraph 1 of the preceding article in accordance with the provision of Article 5(2) and the amount computed in accordance with the Ordinance of the Ministry of Economy, Trade and Industry on the basis of the increased or decreased amount of the credit funds pursuant to the provision of Paragraph 2 of the said article by the number prescribed by Cabinet Order. (Mine Damage Control Operation Funds) Article 19. The JOGMEC shall establish the Mine Damage Control Operation Funds with respect to operations mentioned in Article 11(1)(xvii) and operations incidental to them, and allocate to the funds the amount equivalent to the total of the amount contributed in accordance with the provision of Article 12(1) of the Law on Special Measures for Mine Damages Caused by the Metal Mining Industry, etc. (including its application mutatis mutandis in Paragraph (3) of the said article) and the amount incorporated in accordance with the provision of Article 13(6). (2) The provisions of Articles 47 and 67 (limited to the section relating to Subparagraph (iv)) of the General Principles Law shall be applied mutatis mutandis to the use of the Mine Damage Control Operation Funds. In such case, money in trust in Article 47(iii) of the General Principles Law shall read money in trust for which an agreement for replacement of losses has been concluded. Chapter IV Miscellaneous Provisions (Request from the Minister of Economy, Trade and Industry in specially needed cases) Article 20. In the case where the situation of a short supply of metallic mineral products to Japan has arisen or is liable to arise, the Minister of Economy, Trade and Industry may request that the JOGMEC assign metallic mineral products from its stockpile, if it is considered especially necessary to ensure a stable supply of metallic mineral products. (2) When receiving a request from the Minister of Economy, Trade and Industry in accordance with the provision of the preceding paragraph, the JOGMEC must meet the request unless there is a legitimate reason for refusal. (Consultation with the Minister of Finance) Article 21. The Minister of Economy, Trade and Industry must consult with the Minister of Finance in the following cases: (i) when intending to give consent mentioned in Article 13(1); (ii) when intending to give approval mentioned in Article 14(1) or (5), or Article 16(1). (Competent minister, etc.) Article 22. The competent minister, competent ministry and competent ministry ordinance relating to the JOGMEC under the General Principles Law shall be the Minister of Economy, Trade and Industry, the Ministry of Economy, Trade and Industry, and the Ordinance of the Ministry of Economy, Trade and Industry, respectively.

8 Article 23. Omitted Chapter V Penal Provisions Article 24. One who has leaked or fraudulently used secrets in violation of the provision of Article 9 shall be liable to imprisonment with hard labor not exceeding one year or to a fine not exceeding 300,000 yen. Article 25. In the case of falling under any one of the following subparagraphs, the executive of the JOGMEC who has committed the relevant violation shall be liable to a fine not exceeding 200,000 yen: (i) when he has not obtained approval or consent in the case where he is required to obtain approval or consent from the Minister of Economy, Trade and Industry in accordance with the provisions of this Law; (ii) when he has conducted operations other than those provided in Article 11(1) to (3); (iii) when he has made use of the Mine Damage Control Operation Funds in violation of the provision of Article 47 of the General Principles Law which is applied mutatis mutandis in Article 19(2). Supplementary Provisions (Enforcement date) Article 1. This Law shall come into force on the date of enforcement of the provisions mentioned in Article 1(iii) of the Supplementary Provisions of the Abolishment Law. However, the provisions of Article 22 and Article 6 of the Supplementary Provisions shall come into force on the day of promulgation. (Establishment of the JOGMEC) Article 2. The JOGMEC shall be established at the time of enforcement of the provision of Article 1 (limited to the section relating to Subparagraph (ii)) of the Abolishment Law, notwithstanding the provision of Article 17 of the General Principles Law. (2) The JOGMEC must register immediately after its establishment as prescribed by Cabinet Order, notwithstanding the provision of Article 16 of the General Principles Law. (Exceptions to operations) Article 3. The JOGMEC shall not conduct operations mentioned in the respective subparagraphs of Article 9-2 of the Supplementary Provisions of the Japan National Oil Corporation Law (Law No. 99 of 1967) after being amended by the provision of Article 6 of the Abolishment Law, within operations mentioned in Article 11(1)(i) and (iii), during the period from the day of its establishment to the day before the day of enforcement of the Abolishment Law, notwithstanding the provision of Article 11. Article 4. The JOGMEC may conduct, in addition to operations provided in Article 11(1) to (3), operations mentioned in Article 18(1)(ii) (including operations incidental to them) of the Metal Mining Agency of Japan Law before being abolished by the provision of Article 1 of the Abolishment Law (Law No. 78 of 1963; hereinafter referred to as the Old Agency Law ) until March 31, 2007 (in terms of operations that have been started before the said date, until the day of completion of the operations).

9 (2) The JOGMEC may conduct, in addition to operations provided in Article 11(1) to (3) and the preceding paragraph, operations mentioned in Article 18(1)(iii) of the Old Agency Law (including operations incidental to them) until March 31, 2004 (in terms of operations that have been started before the said date, until the day of completion of the operations). (3) The JOGMEC must liquidate the accounting related to operations mentioned in Paragraph (1) by establishing a special account for it separately from other accountings. (4) In the case where the operations of the JOGMEC are conducted in accordance with the provisions of Paragraphs (1) and (2), operations mentioned in Subparagraphs (vii), (viii), (xiv), (xv), (xviii) and (xix) of the said paragraph in Article 12(iii), respective accounts in Article 13(1), and Article 11(1) to (3) in Article 25(ii) shall read operations mentioned in Subparagraphs (vii), (viii), (xiv), (xv), (xviii) and (xix) and operations mentioned in Article 4(2) of the Supplementary Provisions, respective accounts and account relating to operations mentioned in Article 4(1) of the Supplementary Provisions, and Article 11(1) to (3), and Article 4(1) and (2) of the Supplementary Provisions, respectively. (5) The provisions of Article 20-2 to and Article 29-2 (including the penal provisions relating to these provisions) of the Old Agency Law shall continue to apply to operations conducted by the JOGMEC in accordance with the provision of Paragraph (1) even after the enforcement of the Abolishment Law. In such case, the Agency in Article 20-2, Article 20-3(1), Articles 20-4, 20-6 to 20-8, Article 20-9(1) to (3) and (5), Article 20-10(1) and (2), Article 20-11(1), (2) and (6), Articles 20-15, 29-2 and 34 of the Old Agency Law, Article 18(1)(ii) in Article 20-8 of the Old Agency Law, and accurate surveys or wide-area surveys in Article 20-11(1), Article 20-13(1) and Article 20-14(1) of the Old Agency Law shall read Incorporated Administrative Agency Japan Oil, Gas and Metals National Corporation, Article 18(1)(ii) of the Metal Mining Agency of Japan Law before being abolished by the provision of Article 1 of the Law on the Abolishment of the Japan National Oil Corporation Law and the Metal Mining Agency of Japan Law, etc. (Law No. 93 of 2002), and operations mentioned in Article 4(1) of the Supplementary Provisions of the Japan Oil, Gas and Metals National Corporation Law (Law No. 94 of 2002), respectively. (6) The provisions of Article to (including the penal provisions relating to these provisions) of the Old Agency Law shall continue to apply to operations conducted by the JOGMEC in accordance with the provision of Paragraph (2) even after the enforcement of the Abolishment Law. In such case, Agency in Article 20-11(1), (2) and (6) and Article 34 of the Old Agency Law, and accurate surveys or wide-area surveys in Article 20-11(1), Article 20-13(1) and Article 20-14(1) shall read Incorporated Administrative Agency Japan Oil, Gas and Metals National Corporation and operations mentioned in Article 4(2) of the Supplementary Provisions of the Japan Oil, Gas and Metals National Corporation Law (Law No. 94 of 2002), respectively. Article 5. The JOGMEC may conduct, in addition to operations provided in Article 11(1) to (3) and Paragraphs (1) and (2) of the preceding article, operations mentioned in the following for the present: (i) establishing national stockpiling facilities (limited to those necessary for stockpiling petroleum gas) on consignment from the national government; (ii) conducting operations incidental to operations mentioned in the preceding subparagraph. (2) In the case where the operations of the JOGMEC are conducted in accordance with the provision of the preceding paragraph, operations incidental to them in Article 12(i) and Article 11(1) to (3) in Article 25(ii) shall read operations mentioned in Article 5(1)(i) of the Supplementary Provisions and operations incidental to them and Article 11(1) to (3) and Article 5(1) of the Supplementary Provisions, respectively. (Delegation to Cabinet Order) Article 6. In addition to the transitional measures provided in the preceding three articles, the transitional measures necessary for the establishment of the JOGMEC and other transitional measures necessary for the

10 implementation of this Law shall be prescribed by Cabinet Order. Supplementary Provisions (Extract from Act No. 130 of June 23, 2004) (Effective date) Article 1. This Law shall come into force on October 1, 2004: provided, that the provisions listed in the following shall come into force on the day set forth in the Subparagraph in question. (ii) Articles 2, 7, 10, 13 and 18 as well as Articles 9 to 15, 28 to 36, 38 to 76-2, 79 and 81 of the Supplementary Provisions: April 1, Supplementary Provisions (Extract from Act No. 87 of July 26, 2005) This Law shall come into force on the date of enforcement of the Companies Act. Supplementary Provisions (Act No. 39 of June 2, 2010) (Effective date) (1) This Law shall come into force on July 1, 2010: provided, that the amended provisions of Article 4 shall come into force on the day prescribed by the Cabinet Order within the scope not exceeding one year counting from the date of promulgation. (Transitional measures for penal provisions) (2) With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable. Matters under Act No. 39 of June 2, 2010 which have not come into force Japan Oil, Gas and Metals National Corporation Law (Law No. 94 of July 26, 2002) shall be partly amended as follows: Kanagawa Prefecture under Article 4 (1) shall be amended to Tokyo.