[Procedure name] Approval of Succeeding to Customs Warehouse Permission Through Merger
(Procedure for a customs (bonded) area)
[ Summary]
- Procedure required when a juridical person surviving from a merger or a new juridical person established after a merger intends to succeed to the position of the customs warehouse permission owned by the person who was discontinued after the merger
[ Bases for procedures]
- Article 48-2, Paragraph 4 of the Customs Law
- Article 39-2, Paragraph 2 of the Cabinet Order for Enforcement of the Customs Law
[ Subjects to procedure]
- (Juridical person) who intends to succeed to the position of customs warehouse permission (through a merger)
[ Time of submission]
- Submit your application as early as possible by considering your intended date of succession to the customs warehouse permission through the merger.
[ Method of submission]
- Prepare an application and documents to be attached and submit them to the following administrative agency.
[ Fee]
- There is no fee for application. (Refer to [Remarks].)
[D ocuments to be attached and number of copies]
- Submit each copy of the following documents (two copies when applying via a customs branch).
1. Business report for the latest business year
2. Documents whose contents are changed after they were submitted to the customs at the time of applying for a customs warehouse permit
(1)  Personal history of the manager, officers, and major employees
(2)  A copy of a commission agreement when the applicant has concluded one with others to handle part of its freight control
(3)  A copy of the lease agreement when the applicant rents the premises for an intended customs warehouse
(4)  Letter of comprehensive commission to a major employee if an inheritor of permission desires to commission the hozei operation to the employee
(5)  A compliance programme on freight control of the company
3. Documents evidencing that the succession to the position is effective or that a scheduled merger is reliable (for example, a copy of the merger agreement according to the provision of Article 408 Paragraph 1 of the Commercial Code)
4. Certified copy of register of a juridical person surviving from a merger or a new juridical person established after a merger (without delay after the registration)
[ Application form and description]
 (The following forms may be printed for use in A4-sized (portrait) sheets of paper.)
- Application for Approval of Succeeding to Customs Warehouse Permission (Customs Form C No. 3195): One copy (Two copies when applying through a customs branch)
[ Submitted to]
- Submit your application to a hozei section official of the customs office having jurisdiction over the area where the said customs warehouse is located.
[ Reception time]
- Office hours of customs (8:30 a.m. through 5:00 p.m. except on holidays for the administrative agencies)
[ Consultation service]
- For information, ask a customs counselor or the customs office that processes your application.
[ Submission standard]
- The applicant must not fall into one of the following seven conditions for disqualification:
1.  That a person who intends to obtain approval of succeeding to the customs warehouse permission (hereafter referred to as an "applicant") was once subject to withdrawal of the permit and less than three years have passed since the withdrawal
2.  An applicant who was subject to a punishment of the Customs Law for violation and completed serving the punishment or was granted a suspension of the punishment, or was subject to a notification procedure and completed serving the procedure, and three years have not elapsed from the date of completion of the administrative disposition
3.  An applicant who was subject to a law or order other than the Customs Law for violation and completed serving a two-year or longer sentence of imprisonment or was granted a suspension of the punishment, and two years have not elapsed from the date of the administrative disposition.
4.  A corporate applicant who employs a person who falls into one of the above three cases, as an officer or an agent or a manager or a major employee of the company in the area.
5.  An applicant who is considered unable to bear burdens to be imposed according to provisions of the Customs Law because of the poor resources of the applicant, or who is considered incapable of performing the operation of a customs warehouse.
6.  That the location or the facility of the customs warehouse that the applicant intends to obtain approval of succeeding to the permission is admitted as inappropriate for a customs warehouse
7.  That the location of the customs warehouse that the applicant intends to obtain approval of succeeding to the permission is admitted as poor in prospects or use for a customs warehouse facility
[ Standard processing time]
[ Administrative appeal]
- Any person may file a protest with the Director-General of Customs within two months from the day following the date of acknowledgement of a disposition related to a customs declaration in case he or she is not satisfied with that disposition.
[ Remarks]
- Submit your application with the names of the juridical persons involving the merger (or with the name of one juridical person when the relational positions are stated specifically in the merger agreement).
- After succeeding to the permission, the applicant is required to pay monthly fees of customs warehouse permission (ten categories from 20,400 yen to 165,100 yen per month) according to the area of the customs warehouse permitted.