Alien control laws in Japan
The regulation of entry, stay, and residence
By William Wetherall
First posted 1 August 2007
Last updated 1 July 2011
Alien control laws
1945-1952 During Occupation
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1952-1966 After SF Peace Treaty
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1966-1991 After Japan-ROK agreements
Demise and reincarnation of fingerprinting
1993-2000 End of registration fingerprinting
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2007 Start of port-of-entry fingerprinting
Alien control laws
After World War II, Japan had to deal with hundreds of thousands of prefectural residents whose principal registers were in Taiwan or Chosen. As imperial subjects they had been Japanese, and by law they would remain Japanese until decided otherwise by treaties.
Early in the Occupation, however, the Supreme Commander for the Allied Powers (SCAP) was ordered by the Joint Chiefs of Staff in Washington to treat "Formosan-Chinese" and "Koreans" as "liberated peoples" and otherwise exclude them from its definition of "Japanese". Though SCAP had the authority to set guidelines for future nationality determinations, it left such matters entirely to the mercy of negotiations between Japan and the states Japan would recognize as having jurisdiction over their nationality.
Until such matters could be determined by treaties and other agreements, Japan would deal with the realities of their presence in the usual way -- population registration. Since Japan had nationalized its various populations through registration, registration naturally became the principal instrument of denationalization.
The first reality Japan faced in administering the legal status of prefectural residents with Taiwan and Chosen registers was that it no longer had jurisdiction over Taiwan or Chosen registers. This was both a physicial (geographic) and political (legal) reality.
In accepting the terms of the Potsdam Declaration on 15 August, and in formalizing its surrender on 2 September, Japan agreed that would lose its sovereignty over Taiwan and Chosen. The moment it handed over the reigns of its own sovereignty to the Allied Powers, throughout the Empire of Japan including Taiwan and Chosen, Japan lost all say over the disposition of Taiwan and Chosen registers.
Anticipating that Taiwanese and Chosenese in Japan would eventually lose their Japanese nationality, Japan chose to treat them as quasi-aliens -- meaning they continued to treated as nationals under some laws.
Many ordinances were introduced to empower authorities to register and control aliens in Japan -- including, provisionally, Taiwanese and Chosenese. Here we will look at the laws which most directly facilitated the disposition (mostly the loss) of Japanese nationality of imperial subjects of Taiwan, Karafuto, and Korea.
Border control and residence registration
Japan's border control and population registration laws apply to all people, regardless of nationality. Non-Japanese are treated differently, as are aliens in all countries.
The following table shows the flow of the most important turning points in the evolution of Japanese laws that control exit and entry of aliens, and the registration of aliens permitted to reside for a few months or permanently.
Fingerprinting
The following table also shows laws and regulations specificially concerning fingerprinting, whether as a matter of alien registration or immigration control.
From 1955 to 1993, most aliens were fingerprinted as a matter of alien registration. Such fingerprinting was required by the 1952 Alien Registration Law, but the provision was not implemented until 1955. Fingerprinting was carried in accordance with ancillary Alien Fingerprinting Regulations, promulgated and enforced in 1955.
Aliens had to provide fingerprints and photographs the first time they registered if fourteen years or older (sixteen years or older from 1982), and everytime they renewed their registration, which was generally every five years.
Fingerprinting ended for all permanent residents in 1993, when the ancillary regulations were abolished. Other aliens continued to be fingerprinted only when first registering if sixteen or over, or when turning 16 if registered when younger.
Fingerprint ended for all resident aliens in 2000. Instead, all aliens were required to provide signatures on both their alien registration certificate, and on registration records.
From 2007, fingerprinting as a matter of immigration control begn to be required of all aliens, whenever entering Japan, except diplomats, aliens under 16 years of age, special permanent residents, Status of Forces Agreement personnel, and a few others as provided by 2006 revisions to the Immigration Control and Refugee Recognition Law.
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Laws controlling aliens at borders and inside Japan
Fingerprinting, once a matter of residence, now a matter of entry |
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Border control and residence registration lawsUnder Japanese law, "Japanese" and "alien" are statuses. These statuses determine treatment under a variety of border control and residence registration laws. Border control lawsBorder control laws affect Japanese and aliens alike in that both must submit to entry and exit procedures at airports and seaports. Aliens, though, are allowed to land only if they have a legally recognized reason for being in Japan. The reasons that aliens are allowed to reside in Japan are defined in terms of (1) visas for aliens whose activities in Japan are limited, and (2) permits for aliens whose activities are not restricted. The later includes, but is not limited to, [general] Permanent Residence, as defined by the "Immigration [exit-and-enter-country] Control and Refugee Recognition Law". The status of Special Permanent Resident is defined by the "Special law concerning exit-entry-country [immigration] control of persons who based on the Treaty of Peace with Japan separated from the nationality of Japan and others". Residence registrationJapanese and aliens also exist as residents of Japan, and have rights and duties under that determine elements of citizenship based on residence status, if they are registered in a Japanese municipality as a resident. The legal status of a Japanese national is based first on family registration, which determines a principal local affiliation (with a municipality and prefecture) that is tantamount to a national affiliation (with Japan), and second on actual place of residence (if not in the locality of principal affiliation, whether inside or outside Japan). The quality of an alien resident's elements of citizenship are based on the quality of one's status of residence as an alien. Elements of citizenship vary with alien statusElements of citizenship for alien residents are determined by both national and local laws, in conjunction with an alien's status of residence. Elements of citizenship controlled by local laws somewhat vary with municipal and prefectural jurisdiction. Elements controlled by national laws are generally uniform throughout the country, whether administered by state officials (border control) or by local officials acting as agents of the state (alien registration). In national laws, the main divide among registered aliens is between Special Permanent Residents and others. Unlike other registered aliens, SPRs are not subject to penalties if they are caught not carrying their Alien Registration Certificates. Also unlike other registered aliens, SPRs are not required to be photographed and fingerprinted at ports of entry. Color codesThe following tables show particulars about the principle border control and alien registration laws in Japan since 1945. I divided these laws into three categories, by color, as follows.
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1945-1952 Alienation and alien control during Occupation |
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Number of law or regulation |
Promulgated |
Enforced |
| 1946 Registration of Japanese and others in SCAP-defined "Japan" with principle registers outside "Japan" to facilitate the "return" of those who desired to leave "Japan" | ||
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Order for registration of Chosenese, Chinese [Republic of China nationals], This-island-people [Taiwanese], and persons who possess a principal register in Kagoshima prefecture south of 30 degrees north latitude (including Kuchinoshima) or Okinawa prefecture |
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Welfare, Interior, Justice Ministerial Order No. 1 of 1946 |
13 March 1946 |
13 March 1946 |
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1. Required all Chosenese, Chinese, Taiwanese, and Nansei Islanders in SCAP-defined "Japan" to register their particulars and declare whether they desired to return to the locality of their place of principle registration (Korean peninsula, Republic of China, Taiwan, designated Kagoshima islands, or Okinawa). 2. Abolished on 28 April 1952 by Law No. 126 of 1952. |
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| 1946 Osaka issues "Korean Registration Certificate" with photo and fingerprints | ||
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Osaka prefecture ordinance on Chosenese registration |
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Osaka Ordinance No. 109 |
30 November 1946 |
1 December 1946 |
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Established and promulgated in an "extra edition" (号外) of the "Osaka prefecture gazette" (大阪府公報) with the consent of the regional military government under the Supreme Commander for the Allied Forces. Required Chosenese in Osaka prefecture to register and carry a bilingual 朝鮮人登録証 (Chosenese registration certificate) or "Korean Registration Certificate" with a photo on the front and boxes for prints of left and right index fingers on the back. The certificate was similar to US military ID cards. |
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| 1947 Alien registration begins in "Japan" for some Japanese as well | ||
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Alien registration order |
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Imperial Ordinance No. 207 of 1947 |
2 May 1947 |
3 May 1947 |
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1. Articles 2 defined "alien" as someone not possessing the nationality of Japan other than Allied Powers personnel and officials of foreign goverenments. 2. Article 3 defined "this country" in a manner consistent with SCAP's redefinition of "Japan" for Occupation purposes. 3. Article 11 defined "Taiwanese" and "Chosenese" as aliens for purposes of alien registration. There were no provisions for fingerprinting. 4. Replaced and abolished on 28 April 1952 by Alien Registration Law (Law No. 125 of 1952) |
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| 1949 Immigration control system set up under Foreign Ministry | ||
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Cabinet order concerning control of exit-entry-country [immigration] |
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Cabinet Order No. 299 of 1949 |
10 August 1949 |
10 August 1949 |
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1. Established bureaucratic infrastructure for overseeing the entry and departure of all persons into and from Japan other than official Occupation personnel and their families. 2. Established an Immigration Control Department 外務省管理局under Ministry of Foreign Affairs. 3. Incorporated into, and abolished by, Immigration Control Order (Cabinet Order No. 319 of 1951). 4. Abolished on 1 November 1951 by Immigration Control Order (Cabinet Order No. 319 of 1951). |
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| 1950 Restriction of transit of Nansei Islanders as "non-Japanese" | ||
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Temporary measures order concerning transit restrictions of persons who possess a principal register in the Nansei Islands south of 30 degrees north latitude |
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Cabinet Order No. 227 of 1950 |
11 July 1950 |
1950 |
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1. Restricted transit to "Japan" of persons with principle registers in Nansei Islands -- namely, the Tokara Archipelago and the Awami Islands of Kagoshima prefecture, and all of Okinawa prefecture.2. Though Nansei Islanders had residual Japanese nationality, they were treated as quasi-aliens for purposes of immigration control. 3. "30 degrees" changed to "29 degrees" after return to Japan and Kagoshima prefecture of northernmost three islands of the Tokara Archipelago from 5 December 1951. 4. Abolished on 28 April 1952 by Law No. 126 of 1952. |
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| 1950 Alien registration transferred from Justice to Foreign Ministry | ||
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Exit-entry-country Control Organ establishment order |
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Cabinet Order No. No. 295 of 1950 |
30 September 1950 |
1 October 1950 |
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1. Transformed Immigration Control Department of Ministry of Foreign Affairs into an external Emigration-Immigration Control Agency. 2. Transferred alien registration functions from Attorney General's Office to MOFA's Immigration Agency. |
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| 1951 Deportation procedures established | ||
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Order on compelled departure [deportation] of illegal entrants and others |
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Cabinet Order No. 33 of 1951 |
28 February 1951 |
28 February 1951 |
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1. Most articles came into effect from 28 February 1951. Some came into effect from 1 April 1951 2. Established procedures for deporting illegal entrants pursuant to Alien Registration Order (Imperial Ordinance No. 207 of 1947) and Temporary Measures Order (Cabinet Order No. 227 of 1950). 3. Before this law could be effectively enforced, it was incorporated into, and abolished by, the 1951 Immigration Control Order. 4. Abolished on 1 November 1951 by Immigration Control Order (Order No. 319 of 1951) |
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| 1949-1952 National Fingerprint Law proposals fail to become bills | ||
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National fingerprint law |
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House of Representatives |
July-Sept 1949 |
Forensic deliberations |
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House of Representatives |
December 1950 |
Petition examined |
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House of Councillors |
December 1952 |
Petition examined |
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Between 1949 and 1952, the idea of requiring all nationals to give their fingerprints, to facilitate crime prevention and identification in criminal investigation, was seriously deliberated in the judicial affairs committees of both houses of the diet. The idea was widely supported by law enforcement officials, some of whom made a public display of giving their prints. However, the National Fingerprint Law idea died in committees, partly because of public resistance in local polities where police had promoted fingerprinting of all residents, and partly because of concern among lawmakers about its practicality and cost. |
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1952-1965 Alien control after San Francisco Peace Treaty |
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Number of law or regulation |
Promulgated |
Enforced |
| 1951 Enactment of post-Occupation Immigration Control Order | ||
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Immigration control order |
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Cabinet Order No. 319 of 1951 |
4 October 1951 |
1 November 1951 |
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1. Parts related to issuing visas enforced from 28 April 1952, when Japan recovered its sovereignty and, with it, the right to directly control its own borders and foreign affairs. 2. Article 2 defined "this country" and "alien" among several other terms. The definition of "this country" was deleted from the law when Okinawa was returned in 1972. 3. Paragraph 1 of Article 4 defined sixteen statuses of residence for aliens permitted to land in "this country" as it was defined by law. 4-1-14 denoted permanent residence. 4-1-16, which ended the list, was a catch-all for other persons as determined by Ministry of Foreign Affairs (later Ministry of Justice) orders. 4. Three articles (5, 6, 53) Exceptionally spoke of aliens as possessing the "nationality or citizenship" (国籍又は市民権 kokuseki mata wa shiminken) of another country. This phrasing, probabably inspired by GHQ/SCAP usage, is in deference to variation in the use of these terms in the domestic laws of other countries. The terms "citizen" and "citizenship" are not defined used in Japanese domestic law, including other laws concerning aliens. In Japanese law, "shimin" (市民) is one of several municipal affiliations that equally embrace Japanese and aliens. 5. Incorporated and abolished Order Concerning Immigration Control (Cabinet Order No. 299 of 1949) and Illegal Entrant Deportation Procedure Order (Cabinet Order No. 33 of 1951). 6. Article 2 Item 4 and Article 6 Paragraph 1, concerning consular officials, came into force from 28 April 1952 when Japan regained full sovereignty hence control over its foreign affairs. 7. Given the efficacy of law from 28 April 1952 by Law No. 126 of 1952 (Article 4). 8. Name changed to "Immigration control and refugee recognition law" (出入国管理及び難民認定法 Shutsunyūkoku kanri oyobi nanmin nintei hō) by Law No. 86 of 1981, effective from 1 January 1982. However, law classification remains "Cabinet Order No. 319 of 1951". |
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| 1951 Immigration Control Department becomes an agency | ||
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Immigration control agency establishment order |
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Cabinet Order No. 320 of 1951 |
4 October 1951 |
1 November 1951 |
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1. Most parts came into force from 1 November 1951. 2. Changed name of Immigration Control Department (出入国管理庁 Shutsunyūkoku kanri chō) of Ministry of Foreign Affairs to Immigration Control Agency (入国管理部 Nyūkoku kanri chō). 3. Clarified agency's responsibilities in implementing 1951 Alien Registration Order (Cabinet Order No. 319). 4. Given the efficacy of law from 28 April 1952 by Law No. 126 of 1952 (Article 4). |
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| 1952 Enactment of post-Occupation Alien Registration Law | ||
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Alien registration law |
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Law No. 125 of 1952 |
28 April 1952 |
28 April 1952 |
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1. Revised and replaced Alien Registration Order (Imperial Ordinance No. 207 of 1947) in conjunction with enforcement of San Francisco Peace Treaty from 28 April 1952. 2. Defined this country, alien, and the nationality of aliens with two or more nationalities. 3. Required that all aliens register or be registered within sixty days of landing or thirty days of birth in Japan. 4. All aliens required to register, except aliens not yet 14 years of age, were required to provide photographs to carry an Alien Registration Certificate at all times. 5. Certificates had to be confirmed, updated, and replaced every two years. 6. Required fingerprinting. FingerprintingThis was the first law to mandate fingerprinting of alien residents nationwide. Article 14 provided that aliens be fingerprinted. Article 18, Paragraph 1, Item 8 provided punishment for refusers. However, the enforcement of these provisions were left to be determined by a cabinet order. Three subsequent revisions to this stipulation resulted in revised provisions coming into force from 1 April 1955. Many other parameters of enforcement were changed before fingerprinting as a matter of alien registration was ended in 2000. |
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1952 Defined 126-2-6 aliens permitted to reside without a status of residence |
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Law concerning measures for various Ministry of Foreign Affairs related ordinances based on matters concerning ordinances issued in association with the acceptance of the Potsdam Proclamation |
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Law No. 126 of 28 April 1952 |
28 April 1952 |
28 April 1952 |
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1. Article 1 redefined an "alien" in the Immigration Control Order (Cabinet Order No. 319 of 1951) as simply "a person who does not possess the nationality of Japan". 2. Article 2 specified who would be required to acquire a status of residence after Japan regained its sovereignty on 28 April 1952. 3. Article 2(1)3 and Article 2(6) [126-2-6, i.e., Law No. 126, Article 2, Paragraph 6] drew the line, among persons who were to lose their Japanese nationality when the 1952 peace treaty came into effect, between those who would be accorded special statuses of residence and those who would be treated as ordinary aliens. 126-2-6 gave those who qualified for special treatment the right to continue to reside in Japan until their status of residence could be determined. This was the origin of the category of aliens known as "Law 126 2(6)" [法126の2の6] aliens. A 1953 measure, Cabinet Order No. 404 (see below), further defined 4-1-16-2, in the 4-1-16 group of miscellaneous statuses of residence, for the offspring of 126-2-6 aliens (see below). 3. Article 3 assigned responsibility for overseeing the Immigration Control Order and the Alien Registration Order to the Immigration Control Agency of the Ministry of Foreign Affairs. 4. Article 4 gave the efficacy of law to the Immigration Control Order (Cabinet Order No. 319 of 1951) and the Immigration Control Agency Establishment Order (Cabinet Order No. 320 of 1951). 5. Article 5 abolished the Chosenese, Chinese, Taiwanese, Nansei Islander Registration Order (Welfare, Interior, Justice Ministerial Order No. 1 of 1946) and the Temporary Measures on Transit of Nansei Islanders (Cabinet Order No. 227 of 1950). |
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| 1952 Immigration control and alien registration move from Foreign Affairs to Justice | ||
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Law revising parts of Attorney General's Office establishment law and others |
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Law No. 268 of 1952 |
31 July 1952 |
1 August 1952 |
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The Attorney General's Office (法務府 Hōmufu) becomes the Ministry of Justice (法務省 Hōmushō). The Immigration Agency (入国管理部 Nyūkoku kanrichō) of the Ministry of Foreign Affairs (外務省 Gaimushō) becomes the Immigration Bureau (入国管理部 Nyūkoku kanrikyoku) of the Justice Ministry. All border control and alien registration functions, which had been under the jurisdiction of Foreign Affairs, are transferred to Justice, which now oversees the immigration control and alien registration laws and related legislation. |
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| 1953-1954 Laws postponing implementation of fingerprinting | ||
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Paragraph 1 of the Supplementary Provisions of the Alien Registration Law (No. 125 of 1952) originally stipulated that the provisions concerning fingerprinting were to be enforced on a day to be determined by cabinet order within one year of the day of enforcement of Law No. 125. The following three laws changed this provison as the Diet dealt with resistance to the fingerprinting provisions. |
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Law to change, in laws having stipulations of time limits, said time limits |
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Law No. 24 of |
26 March 1953 |
26 March 1953 |
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Article 6 revised Paragraph 1 of Supplementary Provisions of Alien Registration Law from "within one year" to "during period up to 1 June 1953". |
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Law revising part of Alien Registration Law |
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Law No. 42 of 1953 |
30 May 1953 |
30 May 1953 |
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Revised Paragraph 1 of Supplementary Provisions of Alien Registration Law (No. 125 of 1952) from "during period up to 1 June 1953" to "within two years". |
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Law revising part of Alien Registration Law |
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Law No. 70 of 1954 |
20 April 1954 |
20 April 1954 |
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Revised Paragraph 1 of Supplementary Provisions of Alien Registration Law (No. 125 of 1952) from "within two years" to "within three years". |
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1953 Defined 4-1-16-2 status for children of 126-2-6 aliens |
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Cabinet order concerning inter alia transitional measures for application of Ministry of Justice related laws and regulations associated with the return of the Awami Islands |
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Cabinet Order No. 404 of 1953 |
24 December 1953 |
25 December 1953 |
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1. Article 14 defined 4-1-16-2, in the 4-1-16 group of miscellaneous statuses of residence, for the offspring of 126-2-6 aliens, as defined by Law No. 126 of 1952 (see above). The 4-1-16-2 status of residence had to be renewed every three years. 2. The 4-1-16-2 status was available to "One who was born in this country on or after the enforcement of Law No. 126 of 1952 [28 April 1952] as the child of a person who falls under Article 2 Paragraph 6 of the same law, or one who was born in this country on or after the enforcement of the same law as the child of a person who falls under Article 14 of Cabinet Order No. 404 of 1953" (my translation). Some Immigration Bureau literature imprecisely paraphrases this as "A person who was born in our country on or after 29 April 1952 as the child of a Chosenese [or] Taiwanese continuously residing from before the war" (my translation). 3. Article 14 was deleted by Law No. 71 of 1991 -- Special law concerning exit-entry-country [immigration] control of persons who based on the Treaty of Peace with Japan separated from the nationality of Japan and others -- which consolidated all treaty-based special statuses of residence into a single Special Permanent Resident status. 4. Note that a short-lived 4-1-16-4 status was defined as "A person born in our country on or after 26 December 1953 as the child of a Chosenese [or] Taiwanese continuously residing in the Awami Islands from before the war to 25 December 1953" (my translation of imprecise Immigration Bureau paraphrase) |
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| 1955 Fingerprinting begins for most registered aliens | ||
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Cabinet order concerning fingerprints in Alien Registration Law |
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Cabinet Order No. 26 of 1955 |
5 March 1955 |
27 April 1955 |
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This order faciliated implementation of Article 14 and related provisions in Article 18 concerning fingerprinting. Order established rules for which fingers were to be printed, and how prints were to be taken and retaken. In general, as when registering for the first time or when periodically renewing registration, only the left index finger was printed. However, when applying for reissuance of a lost or stolen registration certificate, prints of all ten fingers were required. Prints were impressed on the alien registration master record, on a fingerprint master card, and on a page in the Alien Registration Certificate (then a pocket-sized booklet). Abolished on 8 January 1993 by Law No. 339 of 14 October 1992. |
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| 1955 Issuance of Alien Fingerprinting Regulations | ||
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Alien Fingerprinting Regulations ("Old fingerprint regulations") |
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MOJ Order No. 46 of 1955 |
27 April 1955 |
27 April 1955 |
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Like most other enforcement regulations, these were determined by the competent ministry, meaning the ministry entrusted with the enforcement of the law. As such, they were easily revised by the ministry to facilitate implementation of the law, and to solve administrative and other problems that arose the course of implementation. Most registered aliens were required to provide prints of the tip of their left index finger at municipal offices as part of their alien registration.Article 6 (Ten finger prints) required rolled prints of each of the fingers of both hands, and flat prints of the unspread fingers of each hand (all fingers except the thumb). Abolished on 8 January 1993 by Minister of Justice Order No. 36 of 27 November 1992. |
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| 1956 Alien registration renewal period increased to three years | ||
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Law revising parts of Alien Registration Law |
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Law No. 96 of 1956 |
7 May 1956 |
4 August 1956 |
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1. Enforced by cabinet order issued within six months of promulgation. 2. Articles 8-11 replaced by new articles. 3. Article 11 of Alien Registration Law (Law No. 125 of 1952) revised to require renewal of alien registration within 30 days of elaspe of three (rather than two) years from last issuance of Alien Registration Certificate. 4. Paragraph 1 of Article 14 slightly revised and three paragraphs added. Paragraph 4 stipulated that Paragraph 1, which requires fingerprints of aliens, does not apply to aliens who are not yet 14 years old. The age stipulation was a clarification, in the law, of an understanding already established by enforcement regulations. |
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| 1958 Fingerprints not required from aliens under age 14 or residing less than one year | ||
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Law revising part of Alien Registration Law |
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Law No. 3 of 26 February 1958 |
26 February 1958 |
10 May 1958 |
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The term "alien" in Paragraph 1 of Article 14 (Fingerprinting) of Alien Registration Law (Law No. 125 of 1952) was changed to "alien 14 years old or above". Newly added Paragraph 2 stipulated that fingerprints would not be required of aliens who did not have a status of residence of one or more year, or who would otherwise not be in Japan for one or more year. |
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1966-1991 Alien control after Japan-ROK agreements |
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Number of law or regulation |
Promulgated |
Enforced |
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1966 Defined Agreement Permanent Residence for qualified ROK nationals |
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Agreement between Japan and the Republic of Korea concerning the legal status and treatment of nationals of the Republic of Korea residing in Japan |
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Treaty No. 28 of 1965 |
18 December 1965 |
17 January 1966 |
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Japan: Treaty No. 28 of 1965 1. Gave qualified ROK nationals in Japan the right to obtain Agreement Permanent Residence among other assurances. 2. Qualifications stipulated 15/16 August 945, rather than 2/3 September 1945, as the dates of residence/birth in "Japan" as defined after the imperial government's formal surrender and acceptance of the terms of the Potsdam Declaration on 2 September 1945. 3. Article 1(1) gave Agreement Permanent Residence to ROK nationals who had been resident in Japan as of 15 August 1945, and offspring born and raised in Japan between 16 August 1945 and 16 January 1971 -- i.e., up to five years after the agreement came into effect. 4. Article 1(2) gave Agreement Permanent Residence to the children of those covered by Article 1(1) -- i.e., those born from 17 January 1971 -- if application made within 60 days of birth. 5. Other nationalities, including aliens of residual Chosenese status, did not qualify. |
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| 1966 Special immigration law implements status agreement | ||
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Immigration control special law associated with the implementation of the Agreement between Japan and the Republic of Korea concerning the legal status and treatment of nationals of the Republic of Korea residing in Japan |
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Law No. 146 of 1965 |
17 December 1965 |
17 January 1966 |
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This law, which implemented the status agreement, provided that all qualified Japan-resident ROK nationals would receive Agreement Permanent Residence upon filing notification at municipal offices. The agreement mandated the Minister of Justice to approve an application so long as particulars bearing upon the qualification of the applicant were correct. Agreement Permanent Residence followed in the vein of 126-2-6 (see above) in that it was not a status-of-residence as such. Since it was grounded in a treaty that operated beyond the reach of the Immigration Bureau, it was superordinate to the Immigration Control Law and Alien Registration Law. The status of Special Permanent Resident that became available from 1991 (see below) inherited this quality. |
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| 1971 End of system of printing ten fingers | ||
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Forthcoming. |
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Cabinet Order No. 144 of 7 May 1971 |
7 May 1971 |
7 May 1971 |
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Printing of all ten fingers abolished. Only rolled print of index finger required. |
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| 1974 Fingerprints no longer needed on master record card sent to Minister of Justice | ||
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Regarding the omission of fingerprints impressed on masterfingerprint card |
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Ministry of Justice Instruction No. 3361 of 1974 |
23 April 1974 |
23 April 1974 |
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This Ministry of Justice instruction eliminated the requirement that local registrars make another fingerprint master card when aliens renewed their alien registration, if the fingerprints collected on other renewal documents appeared to be the same as those previously taken. The Ministry of Justice thus eliminated the work of having to receive and file confirmation cards. In trials of some fingerprint refusers, MOJ officials testified that the ministry did not actually use the fingerprints it had been collecting, and that its clerks were not able to classify prints. The requirement to make a new fingerprint master card each time an alien renewed registration was reinstated from 1 October 1981, after the start of the anti-fingerprint movement. |
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| 1982 Special Measure Permanent Residence for other treaty-status aliens | ||
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Law revising part of Alien Registration Law |
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Law No. 85 of 12 June 1981 |
12 June 1981 |
1 January 1982 |
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Provided "Special Measure Permanent Residence" upon filing notification for qualified treaty-affected resident aliens other than those who fell under the 1965 agreement with ROK. 126-2-6 aliens and their offspring, who had not qualified for "Agreement Permanent Residence" (see above), had a five-year window (until 1987) during which they could obtain permanent residence upon notification and vetting of their qualifications. Unlike Aggreement PR, however, Special Measure PR was not differentiated from General PR. That is, whereas Agreement PR was a separate status of residence, Special Measure PR was subsummed under 4-1-14 (permanent residence). |
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1982 Refugee Recognition added to Immigration Control Order |
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Law concerning provisioning of the Immigration Control Order and other related laws associated with acceding to inter alia the Convention Relating to the Status of Refugees |
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Law No. 86 of 1981 |
12 June 1981 |
1 January 1982 |
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1. Changed title of Immigration Control Order to Immigration Control and Refugee Recognition Law. However, the law continues to be indexed as "Cabinet Order No. 319 of 1951". Paragraph 3 of Article 18-2 allowed immigration officers to place conditions on the movements and activities of aliens permitted to land for provisional protection, and to fingerprint them if necessary. The discretionary authority to fingerprint an alien seeking asylum remains in the present law though the provision has been somewhat revised and renumbered. Aliens with re-entry permits allowed to take their Alien Registration Certificate out of Japan. Until this revision, even aliens with re-entry permits had to surrender their certificates when departing Japan. The Immigration Bureau returned the certificate to the issuing municipality, and the alien, after returning to Japan, applied at the municipal hall for return of the certificate, which established the fact the same alien had returned to the same municipality. |
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| 1982 Two photographs instead of three for alien registration | ||
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Law revising parts of Alien Registration Law |
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Law No. 95 of 1981 |
4 December 1981 |
1 April 1982 |
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Required two photographs instead of three for alien registration. |
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| 1982 Age 16 for photographs and fingerprints, 5-year renewal, penalties change | ||
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Law revising parts of Alien Registration Law |
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Law No. 75 of 1982 |
10 August 1982 |
1 October 1982 |
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1. Increased age from which photographs and fingerprints required from 14 to 16 years of age. 2. Extended Alien Registration Certificate renewal period from three years to five years. 3. Maximum fine for offenses stipulated in Article 18 increased from 30,000 to 200,000 yen. However, some offenses were moved from Article 18, which also provided an option for a prison sentence up to one year, to Article 18-2, a new article which provided for a similar fine but no option of pental servitude or imprisonment. Penalties for failure to carry certificateUntil this revision, failure to carry or refusal to present one's Alien Registration Card qualified for either a prison sentence or fine. After the revision, refusal to present continued to be subject to either a sentence or fine (Article 18), but failure to carry became subject to only a fine (Article 18-2). Penalties for refusal to provide fingerprintsOffenses related to fingerprints remained under Article 18. |
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| 1985 Flat fingerprint replaces rolled print | ||
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Forthcoming |
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Forthcoming |
Forthcoming |
1 July 1985 |
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Justice Ministry oridinance allows aliens renewing their registration to simply press the inked pad of the distal phalanx of the left index finger flat against documents without rolling the finger. |
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| 1988 Computerized records, laminated cards, bureau control, every 5th birthday | ||
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Law revising parts of Alien Registration Law |
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Law No. 102 of 1987 |
26 September 1987 |
1 June 1988 |
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This law and related revisions to enforcement regulations effected a number of changes in alien registration, including the following. 1. Shifted primary control of alien registration records from municipalities to Immigration Bureau and computerized such records. 2. Replaced the Alien Registration Certificate, until then a booklet filled out and issued at municipal offices, with a laminated card produced by machines at Immigration Bureau offices. 3. Required fingerprinting only at time of first registration of aliens aged 16 or older (or when reaching 16 in the case of younger registered aliens). 4. Changed re-confirmation period from every five years to every fifth birthday. |
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| 1989 Government grants amnesty on occasion of Hirohito's demise | ||
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Grand [general] amnesty order |
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Cabinet Order No. 27 of 1989 |
13 February 1989 |
24 February 1989 |
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This order was one of three related to amnesties and restorations of rights granted by the government on the occassion of the death of Hirohito on 7 January 1989. The orders were enforced from the day of his funeral on 24 February. Item 5 of Article 1 specifically concerned violations of the Alien Registration Law. Amnesty was granted to those who had committed offenses covered by Article 18-2, which was added by Law No. 75 of 1982 (see above). The offenses in this category warranted only a fine. Amnesty granted to some fingerprint refusersAmnesty was not granted to those who had committed offenses covered by Article 18 -- which warranted either a prison sentence or a fine, were not covered by the amnesty -- exception those falling under 18(1)8 before revisions made by Law No. 75 of 1982 and Law No. 102 of 1987. 18(1)8 pertained to fingerprint offenders. Amnesty was specifically limited to "those involved in acts that would not have been offenses had they been carried out after enforcement of the [1987] revision law" which came into effect from 1 June 1988 (my translation). 5. The offenses of Article 18-2 (Including older provisions corresponding to this.) of the Alien Registration Law (Law No.125 of 1952), and the offense of Article 18 Paragraph 1 Item 8 of the Alien Registration Law before revision by the Law to Revise Parts of the Alien Registration Law (Law No 75 of 1982) and the Law to Revise Parts of the Alien Registration Law (Law No. 102 of 1987. Hereafter called "revised law".) (limited to those involved with acts that would not have been offenses had they been carried out after enforcement of the revised law.)However, offenses specifically2. Replaced the Alien Registration Certificate, until then a booklet filled out and issued at municipal offices, with a laminated card produced by machines at Immigration Bureau offices. 3. Required fingerprinting only at time of first registration of aliens aged 16 or older (or when reaching 16 in the case of younger registered aliens). 4. Changed re-confirmation period from every five years to every fifth birthday. |
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1990 Established new status-of-residence scheme to replace 1952 scheme |
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Law revising parts of Immigration Control and Refugee Recognition Law |
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Law No. 79 of 1989 |
15 December 1989 |
1 June 1990 |
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This law, recommended by the Cabinet on 28 March 1989, passed by the Diet on 8 December and promulgated on 15 December the same year, revised some parts of the Immigration Control Law, particularly the statuses under which aliens were permitted to reside in Japan. Restricted-activity (visas) status were listed in Appended Table 1. Unrestricted-activity (non-visa) statuses (non-visa statuses) were listed in Appended Table 2. Table 2 included Permanent Resident, Spouse or Child of Japanesse National, Spouse or Child of Permanent Resident, and Long Term Resident. The later included various categories of refugees, war strandees, and some foreign-born alien children and grandchildren of Japanese emigrants. |
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1990 Established qualifications for Long Term Resident status |
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Matters determining statuses, based on provision of Article 7, Paragraph 1, Item 2 of Immigration Control and Refugee Recognition Law, listed in lower [right] part of paragraph on Long Term Residents in Supplementary Table 2 of same law |
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Ministry of Justice Notice No. 132 of 1990 |
24 May 1990 |
1 June 1990 |
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This notice was one of serveral published in Kanpō (Official Gazette) in time to facilitate the enforcement from 1 June 1990 of revisions in the Immigration Control Law. It concerned the so-called "Long Term Resident" status in Appended Table 2, which itemized unrestricted-activity (non-visa) statuses. The provisions of this first notice have been revised by MOJ notices No. 371 of 21 November 1991, No. 496 of 28 September 2005, No. 172 of 29 March 2006, and No. 37 of 25 January 2010. |
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1991 Redefined all treaty-qualified aliens as Special Permanent Residents |
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Special law concerning exit-entry-country [immigration] control of persons who based on the Treaty of Peace with Japan separated from the nationality of Japan and others |
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Law No. 71 of 1991 |
10 May 1991 |
1 November 1991 |
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This law consolidated the 126-2-6, 4-1-16-2, Agreement Permanent Residence, and Special Measure Permanent Residence statuses into a single status. The law mandated the Minister of Justice to permit any qualified treaty-affected resident alien to acquire the status of Special Permanent Resident upon notification at the municipal office having jurisdiction over the alien's register. The status of Special Permanent Resident, unlike earlier treaty-related statuses, pepetuates to descendants who are born and continually reside in Japan. Qualifications for this status stipulate 2/3 September 1945 as dates of residence/birth in Japan. These dates are less restrictive than 15/16 August 1945, which defined the Agreement Permanent Residence status 25 years earlier. 15/16 August 1945 accommodated ROK's view of 15 August 1945 as the day "Chosen" was liberated as "Korea". This day had inspired the founding of ROK on 15 August 1948. 2/3 September 1945 reflects the formal change of Japan's status from an empire that included Taiwan and Chosen, to an Occupied Japan reduced to 46 prefectures. |
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Demise and reincarnation of fingerprinting
Fingerprinting of aliens as a matter of registration ended in 2000 after stages of phasing out in the 1980s and 1990s. Fingerprinting of aliens as a matter of immigration began in 2007.
The Fingerprinting required by the Immigration Control and Refugee Recognition Law is entirely different from yesteryear's fingerprinting under the Alien Registration Law.
The first cohort of aliens to be exempted from fingerprinting in alien registration was permanent residents -- both ordinary or "general" Permanent Residents and Special Permanent Residents. The two categories were treated as one, for purposes of fingerprinting, since the Justice Ministry was trying to minimize disparties in their treatment.
The logic of treating both kinds of permanent residents equally didn't stand in 2006 when the Diet passed legislation empowering the Immigration Bureau to collect biometric data -- digital scans of the tips of both index fingers and a digital photograph -- from entering aliens. The revisions in the Immigration Control Law implemented from 2007 exempted -- in addition to diplomats, aliens under 16 years of age, Status of Forces Agreement personnel, and a few others -- only Special Permanent Residents.
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1993-2000 Fingerprinting ends in alien registration |
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Number of law or regulation |
Promulgated |
Enforced |
| 1993 All permanent residents exempted from fingerprinting | ||
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Law revising parts of Alien Registration Law |
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Law No. 66 of 1992 |
1 June 1992 |
8 January 1993 |
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1. Article 14 revised to exempt Permanent Residents and Special Permanent Residents from fingerprinting obligation. 2. Article 14-2 added requiring that Permanent Residents and Special Permanent Residents 16 years old and older provide signatures. Item 8-2 added under Item 8 of Paragraph 1 of Article 18, concerning punishments, providing punishments for signature refusers. 3. Day of enforcement stipulated in a cabinet order. Only Article 5 of Supplementary Provisions came into force from day of proclamation. Article 5 was a transitional measure to deal with Permanent Residents and Special Permanent Residents who would reach age 16 between the day of promulgation and the day before the day of enforcement. |
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| 1993 Abolished 1955 Cabinet Order on Fingerprints | ||
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Alien Registration Law enforcement order |
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Cabinet Order No. 339 of 1992 |
14 October 1992 |
8 January 1993 |
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Article 2 of Supplementary Provisions abolished "Cabinet order concerning fingerprints in Alien Registration Law" (Cabinet Order No. 26 of 1955). |
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| 1993 Abolished 1955 Alien Fingerprinting Regulations | ||
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Alien Registration Law enforcement regulations |
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Ministry of Justice Order No. 36 of 1992 |
27 November 1992 |
8 January 1993 |
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Article 2 of Supplementary Provisions abolished "Alien Fingerprinting Regulations" (MOJ Order No. 46 of 1955), thereafter referred to as "Old fingerprint regulations". |
2000 Fingerprinting for all resident aliens abolished | |
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Law revising parts of Alien Registration Law |
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Law No. 134 of 1999 |
18 August 1999 |
1 April 2000 |
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1. Fingerprinting of all (non-permanent as well as permanent) resident aliens abolished. 2. Article 14, which had required fingerprints, now requires signatures, and Article 18-1(8) now provides punishment for refusing to give the required signatures. 3. Period for renewal of Alien Registration Certificate for Permanent Residents and Special Permanent Residents changed from five to seven years. 4. Article 18-2 Paragraph 4 revised to exempt Special Permanent Residents from penalty for failure to always carry their Alien Registration Certificate. 5. Day of enforcement stipulated in a cabinet order. Only Article 5 of Supplementary Provisions came into force from day of proclamation. Article 5 was a transitional measure to deal with resident aliens who would reach age 16 between the day of promulgation and the day before the day of enforcement. |
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2007-2999 Biometrics in immigration control |
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Number of law or regulation |
Promulgated |
Enforced |
| 2007 Fingerprints and photographs of aliens at ports of entry | ||
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Law revising parts of Immigration Control and Refugee Recognition Law |
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Law No. 43 of 2006 |
24 May 2006 |
20 November 2007 |
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Requires most aliens, when entering Japan, to provide digital scans of tips of their left and right index fingers, and a digital photograph of their face, for identification and anti-terrorist screening. Exempts only diplomats, aliens under 16 years of age, Special Permanent Residents, Status of Forces Agreement personnel, and a few others. Resident aliens with re-entry permits may pre-register their prints and photograph. Pre-registered aliens may use semi-automated departure and re-entry gates at Narita Airport. This will quicken their exit and entry if lines at other gates are long. |
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