[Procedure name] Approval of Succeeding to an Integrated Customs Area Permit 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 an integrated customs area permit owned by the person who was discontinued after the merger
[ Bases for procedures]
- Article 62-15 (application of Article 48-2, Paragraph 4) of the Customs Law
- Article 51-15 (application of 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 an integrated customs area permit (by merger)
[ Time of submission]
- Submit your application as early as possible by considering your intended date of succession to an integrated customs area permit by 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 an integrated customs area 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 integrated customs area
(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 Integrated Customs Area Permission (Customs Form C No. 3195): One copy (Two copies when applying through a customs branch)
[ Submitted to]
- Submit your notification to a hozei section official of the customs office having jurisdiction over the area where the said integrated customs area 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]
1. The section of land and premises concerned is required to be owned or controlled by a juridical person who satisfies the requirements prescribed in the Cabinet Order stated in (1) or (2) below after considering the contents of the business, shareholders, or investors, or members of contributors, and other matters
(1)  A qualified juridical person is required to engage in installation and administration of a business that employs people for storage, processing, display, transportation, and the like of foreign goods arrived into Japan from abroad, or other types of business that are considered as promoting smooth imports and other international trade
(2)  The stock of a qualified juridical person must be held by local public corporations or the like or corporate investors or corporate contributors, or invested or donated by those corporations, and the local public corporations concerned must hold 3 percent or more of the number of outstanding shares of the qualified juridical person, or 3 percent or more of the total amount of investment or donations of the qualified judicial person.
2. The section of the premises concerned must have concentrated facilities for international trade.
3. The section of the premises concerned must have a good prospectus for (1) Unloading, transporting, or storing, or checking, refitting, sorting, or making up foreign goods (2) Processing foreign goods or manufacturing new products by using foreign goods for raw materials (including mixing) (3) Display or similar activities for foreign goods, which are considered to contribute to smooth imports and other international trade.
4. The section of the premises concerned must be considered as having no problem in ensuring the execution of this law in terms of location, facility, and other conditions.
5. A juridical person who owns or manages the section of the premises concerned (including freight control) is required not to fall into any of the following (1) through (4) conditions of disqualification as prescribed in Article 43 Items 1 though 4 of the Customs Law.
(1)  A person who intends to succeed to the position of an integrated customs area permit or a freight manager (hereafter referred to as an "Applicant") was once subject to withdrawal of permission for a customs area, and three years have not elapsed from the date of the withdrawal.
(2)  An applicant, etc., 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, etc., 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, etc., 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.
6. A juridical person who owns or manages the section of the premises concerned (including freight control) must be considered as capable of performing bonded operations of an integrated customs area after the financial ability and other conditions are taken into account
[ 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 a permit, the applicant is required to pay monthly charges (five categories from 47,600 yen to 240,400 yen) for the integrated customs area according to the area permitted.