3. Procedure for obtaining designation

In cases where a person who has been given the approval desires to have the law of a specified foreign country designated for him or her, he or she is required to submit an application form for designation and the accompanying documents prescribed by the "Regulations" to the Minister of Justice, for examination (Paragraphs 1 and 2, Article 17 of the "Law"). Just as in the case of approval, the Minister of Justice, when he or she made such designation, puts it up in the Official Gazette and notifies it to the applicant (Article 11 and Paragraph 2, Article 16 of the "Law").

As regards the designation of the law of a specified foreign country, too, an applicant may request the preliminary examination of his or her application for designation by submitting the documents in advance which he or she intends to submit at the time of application for designation. The method of requesting preliminary examination and its fee are just the same as in the case of preliminary examination of an application for approval. The preliminary examination of application for designation may be requested at the same time when he or she requests such examination of application for approval.

The form of an application for designation is prescribed by the "Regulations", so, an applicant is required to prepare his or her application according to this form (Article 13 of the "Regulations", Annexed Form No. 5).

Application forms are available at the Gaikokuho-Jimu-Bengoshi Qualification Examination Office.

{1} When an application for designation is made under Item (1), Paragraph 1, Article 16 of the "Law", a document certifying that the applicant has the qualification to become a lawyer in the specified foreign country.

(a) If he or she has been registered as a foreign lawyer at present, it is required to be lodged a document issued by the authority which has the right to certify officially the date and when he or she was registered as a lawyer and the fact that such registration still remains in effect.

(b) If he or she has not been registered as a foreign lawyer at present but had once registered as a foreign lawyer, it is required to be lodged a document issued by the authority which has the right to certify officially the date and the period that he or she was registered as a lawyer, and also, a document which certify the fact that such a qualification to become a foreign lawyer still retains. (It would be the same if he or she has not been required to register to practice as a lawyer in the specified foreign country of qualification).

{2} When an application for designation is made under Item (2), Paragraph 1, Article 16 of the "Law", documents verifying that the applicant has the same level of learning concerning the law of the specified foreign country as a person who is qualified to become a lawyer of that country and that he or she has the practice experience in regard to handling of legal business concerning such law.

As a document which can certify that the applicant has such learning, in general, he or she should attach a document which describes an outlines of the method of acquiring the qualification of a lawyer in that country and the reason why he or she has come to have the same level of learning as a lawyer of that country. Since such documents for certification are supposed to be different according to the objects of designation (example laws of other states in a federal country), he or she is required to consult before submission.

As regards the document which can certify the practice experience in regard to handling of legal business concerning such law, the applicant should attach a document which can certify that he or she has handled the legal business concerning such law and how long he or she handled it.

An applicant himself or herself is required to appear in person at the Gaikokuho-Jimu-Bengoshi Qualification Examination Office to submit an application for designation, and, just like in the case of application for approval, the documents accompanying the application must be attached by the Japanese translation whenever they are prepared in a foreign language and, also, for all of these documents, a copy each must be added.

An application for designation may be made at the same time when an application for approval is made.

The fee for applying for designation is 13,400 yen per case (Paragraph 3, Article 17 of the "Law" and Paragraph 1, Article 2 of the "Fee Ordinance"). However, in cases where the applicant applies for designation of two or more foreign laws of one federal country, such application is treated as one case (Paragraph 2 , Article 2 of the "Fee Ordinance"). The applicant is required to pay the fee, as in the case of application for approval, by affixing a revenue stamps worth that amount to the application form for designation (Article 5 and 16 of the "Regulations").

In cases where there has occurred any change in the matters entered in the application form for designation, pending the decision of the Minister of Justice concerning the application, the applicant is required to report it to the Minister of Justice without delay.

In this case, such matters that have been changed should be reported in writing. The applicant may be asked to submit further document to certify such changes, if necessary.

The result of examination of applications by the Minister of Justice is notified to the applicants in the following manner:

{1} Designated case

In cases where the Minister of Justice has made the designation, he or she is notified by letter and is put up a public notice in the Officia1 Gazette (Article 11 and Paragraph 2, Article 16 of the "Law").

This letter is to be used as a document certifying that the applicant has had the law of the specified foreign country designated, when he or she requests the supplementary registration of the designated law at the Japan Federation of Bar Associations.

{2} Not Designated case

In cases where the Minister of Justice has decided not to make the designation, he or she receives the notice by letter (Article 7 and 16 of the "Regulations").