(3) Requirements for having the law of a specified foreign country designated by the Minister of Justice

In order to have the law of a specified foreign country designated by the Minister of justice, it is necessary for the person who has obtained the approval to satisfy either of the following requirements:

{1} He or she has the qualification to become a foreign lawyer of the specified foreign country (Item (1), Paragraph 1, Article 16 of the "Law").

{2} He or she has the same level of learning concerning the law of the specified foreign country as a person who is qualified to become a foreign lawyer of that country and has five or more years' practice experience in regard to the handling of legal business concerning such law (Item (2) of the same paragraph).

(4) Special treatment concerning a federal country

In regard to a federal country specified by Ministry of Justice Ordinance (Regulations for Enforcement of the Special Measures Law concerning the Handling of Legal Business by Foreign Lawyers; hereinafter referred to as "Regulations"), each of the state, territory or other constituent unit of the federal country (Article 1 of the "Regulations") is treated as one foreign country (Item (2), Article 2 of the "Law").

(5) Standard disposal period necessary for approval and designation

It takes approximately two months for an application for approval or designation (exclusive of request for preliminary examination respectively) to be disposed of after it is received by the Ministry of Justice, unless any special grounds exist.

The "Law" requires the Minister of Justice to ask the opinion of the Japan Federation of Bar Associations before the Minister gives the approval or makes the designation(Paragraph 4, Article 10 of the "Law" and Paragraph 2, Article 16 of the "Law"). There may be cases where the period necessary for formation of the opinion of the Japan Federation of Bar Associations becomes long, depending upon the application. If the application for approval or designation is made without preliminary examination, the period necessary to dispose of it is well expected to exceed two months, depending upon the application.


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