[Procedure name] Approval of Succession to Customs Manufacturing Warehouse Permission by 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 manufacturing warehouse permission owned by the person who was discontinued after the merger
[ Bases for procedures]
- Article 62 (application of Article 48-2, Paragraph 4) of the Customs Law
- Article 51 (application of Article 39-2, Paragraph 2) of the Cabinet Order for Enforcement of the Customs Law
[ Subjects to procedure]
- Person (or juridical person) who intends to succeed to the position of customs manufacturing warehouse permission (through a merger)
[ Time of submission]
- Submit an application as early as possible by considering the time to take to succeed to the customs manufacturing warehouse permission concerned.
[ 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 customs at the time of applying for a customs manufacturing 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 manufacturing 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 Manufacturing 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 manufacturing 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.
[S ubmission 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 manufacturing 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 manufacturing warehouse.
6. That the location or the facility of the customs manufacturing warehouse that the applicant intends to obtain approval of succeeding to the permission is admitted as inappropriate for a customs manufacturing warehouse
7. An applicant who is considered to have applied for a location with poor prospects or usefulness for a customs manufacturing warehouse permit.
[ 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 obtaining a permit, the applicant is required to pay monthly charges (five categories from 20,400 yen to 102,100 yen) for the customs manufacturing warehouse permit according to the warehouse area permitted.