Financial System Reform
--Toward the early achievement of Reform--
June 13, 1997 
Ministry of Finance
I. The Need for Financial Systems Reform
(1) The major challenge for Japan in the 21st century is to maintain its economic
vitality against the rapid aging of the population. To meet this end, it is necessary for
Japan to undertake a structural reform of its social and economic system. In particular,
financial systems, the artery of the economy, must be reformed so that it should
effectively support the economic activity in the coming century. 
(2) In the meantime, there emerged an increasing number of new financial products in
the U.S. and European financial markets, due to the rapid progress of globalization and
innovation in the information and communication technologies. In addition, Euro, a new
European currency, is also expected to be issued in 1999. In light of these major changes,
it is urgently required to enhance functioning of the Japanese financial market to prevent
its possible hollowing out. In doing so, status of the yen as an international currency
would be strengthened. 
(3) In order to meet these objectives, financial systems must be reformed so as to
ensure proper return on the Y1200 trillion of Japanese household financial assets, smooth
funding for growing industries for the next generation, and active capital flow with the
rest of the world. To create such a system where the market mechanism functions to its
full extent and optimal allocation of resources is achieved, it is urgently required for
Japan to conduct a comprehensive financial system reform which includes bold deregulation
measures and measures to secure transparency and reliability of the market. 
II. The Background for the Plan
The financial system reform was initiated by Prime Minister Hashimoto in November 1996.
Immediately, the Securities and Exchange Council, the Business Accounting Council, the
Financial System Research Council, the Insurance Council and the Committee on Foreign
Exchange and Other Transactions began formulating a plan for reform measures to be
completed by the year 2001. In order to promote reform process in a unified scheme, a
"Financial System Reform Consultative Committee", consisting of representatives
from each of the councils, was set up to discuss issues crossing each council's scope.
Among the various areas, the forerunner of the reform is the amendment of the Foreign
Exchange and Foreign Trade Control Law. Based on the Report of the Committee on Foreign
Exchange and Other Transactions in January of this year, the draft bill for the amendment
was submitted to the Diet in March, and passed the Diet in May. 
The plan, finally published today has put together the conclusion of the deliberations
by the relevant councils, which also referred to the discussions held in the Diet as well
as in the Financial System Reform Consultative Committee, based upon the instructions of
Prime Minister Hashimoto in November last year. 
III. The Outline of the Plan
(1) The Basic Concepts in Formulating the Plan 
(i) Clarification of the Time Schedule 
The time schedule for implementation is made clear in order to promote the reform
coherently. 
(ii) Broad Market Reforms Based on Clearly Defined Principles 
This reform will implement all reform measures that are considered necessary under the
following three principles: 
- Free (i.e., liberal market under market principle); 
- Fair (i.e., transparent and reliable market); 
- Global (i.e., international and advanced market) 
(iii) Measures from the Users Perspective 
From the standpoint that the reform must benefit the users, the major content of the
report of each council covers all of the following four perspectives; 
i. Expanding the choices of means for investors and borrowers; 
ii. Improving the quality of intermediaries' services, and promoting competition among
them; 
iii. Developing a market with further utility; 
iv. Establishing a reliable framework and rules for fair and transparent 
transactions. 
(iv) Stability of the Financial System 
In completing the reform, it is important to secure the soundness of financial
institutions and other intermediaries by promoting the speedy disposal of the
non-performing assets of financial institutions, by introducing the system of Prompt
Corrective Action, as well as by enhancing the requirements of disclosure, so as to make
sure that the financial system remains stable. 
(2) Principal Measures: Specific Items and Their Contents 
  
    | items | measures | time schedule | 
  
    | 
      
        | (1)  | To expand the choice of means for investors and borrowers |  |  |  | 
  
    | 
      
        | - | The complete lifting of the ban on securities derivatives |  | 
      
        | - | Trading of options on individual stocks will be allowed
        at stock exchanges. |  | 
      
        | - | It is planned that trading will commence at the Tokyo and
        Osaka Stock Exchange in July 1997. |  | 
  
    | 
      
        | - | The ban on securities derivatives will be totally lifted,
        once the conditions are set for allowing over-the-counter trading of derivatives related
        to securities. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Banks will be authorized to engage in the business of
        over-the-counter trading of derivatives related to securities and commodities, although
        they will not be authorized to receive or deliver the underlying assets. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Introduction of the Asset Management Account. |  | 
      
        | - | The Asset Management Accounts will be introduced. |  | 
      
        | - | It is planned that this will be implemented during fiscal
        1997. |  | 
  
    | 
      
        | - | Authorization for banks to sell securities investment
        trusts and insurance |  | 
      
        | - | Banks will be authorized to sell securities investment
        trusts certificates without going through subsidiaries. |  | 
      
        | - | It is planned that the related bills will be submitted to
        the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Banks will be authorized to lease their office space to
        investment trust management companies for direct sale of securities investment trusts
        certificates. |  | 
      
        | - | It is planned that this will be implemented during fiscal
        1997. |  | 
  
    | 
      
        | - | Upon taking measures against abuse, banks will be
        authorized to sell long-term fire insurance and credit life insurance which are related to
        housing loans. |  | 
      
        | - | It is planned that this will be implemented around the
        target year of 2001. |  | 
  
    | 
      
        | - | Increasing the liquidity of assets by use of asset-backed
        securities (ABS), etc. |  | 
      
        | - | As a conduit, a legal provision will be made for special
        purpose companies (SPCs), which are the issuing bodies of ABS. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | The liquidity of the money trust certificates will be
        improved by specifying the basis for issuing securities. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Liberalization of cross-border capital transactions |  | 
      
        | - | The choice of investments and borrowing for companies and
        individuals will be expanded by liberalizing cross-border securities transactions and
        foreign deposits. |  | 
      
        | - | The drastic revision of the Foreign Exchange Law has
        passed the Diet during the current session. The revised law will take effect on April 1,
        1998. |  | 
 
  
    | items | measures | time schedule | 
  
    | 
      
        | (2)  | To improve the quality of intermediaries' services, and
        to promote competition among them |  |  |  | 
  
    | 
      
        | - | Utilization of holding companies |  | 
      
        | - | Appropriate legal provisions will be made to allow the
        use of holding companies, and to take necessary measures to protect depositors, investors
        and insurance policyholders. |  | 
      
        | - | In line with the implementation of revised Anti-Monopoly
        Law, necessary legal provisions will be made as quickly as possible. |  | 
  
    | 
      
        | - | Review of the licensing regime for securities companies |  | 
      
        | - | The present licensing system will in principle be
        replaced by the system of registration. Within this framework, the Approving system will
        be applied forspecific business areas for which special skills and a higher degree of risk
        control are required, such as OTC derivatives and the underwriting business. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | The business scope of separate subsidiaries |  | 
      
        | - | The remaining restrictions on business scope of
        securities subsidiaries and trust subsidiaries will be lifted. |  | 
      
        | - | The remaining restrictions will be lifted in the latter
        half of fiscal 1999. |  | 
  
    | 
      
        | - | Measures will be taken to allow insurance companies and
        other types of financial institutions to enter each other's business areas by means of
        area-specific subsidiaries .Measures will be taken at an earlier time to allow insurance companies to enter the
        banking, trust and securities businesses by subsidiary structure, and to allow securities
        companies to enter the insurance business by subsidiary structure.
 |  | 
      
        | - | This will be realized at the latest by 2001. |  | 
  
    | 
      
        | - | Abolishment of operational regulations to ordinary banks
        in the short-and long-term finance system |  | 
      
        | - | Ordinary banks will be allowed to issue ordinary bonds. |  | 
      
        | - | This will be implemented in the latter half of fiscal
        1999. |  | 
  
    | 
      
        | - | The Foreign Exchange Bank Law will be abolished. |  | 
      
        | - | It is planned that related bills will be submitted to the
        next ordinary Diet session. |  | 
  
    | 
      
        | - | Diversifying the business operations of securities
        companies |  | 
      
        | - | The system of obligatory specialization will be
        abolished, allowing the firms to be diversified and differentiated in their business. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Liberalizing brokerage commissions for stock trading |  | 
      
        | - | Brokerage commissions for stock trading will be fully
        liberalized. |  | 
      
        | - | Liberalization will be completed by the end of 1999. As
        an intermediate step, the transaction value up to which the fixed commissions is applied
        to will be reduced from over one billion yen currently to 50 million yen in April 1998. |  | 
  
    | 
      
        | - | Electronic money; electronic payment |  | 
      
        | - | Necessary measures will be taken with respect to
        electronic money and electronic payment, by clarifying legal aspects, promoting new
        entries, and examining the protection of individual users. |  | 
      
        | - | We will quickly discuss specific measures and take
        necessary actions. |  | 
  
    | 
      
        | - | Diversifying the borrowing instruments of non-bank
        financial firms |  | 
      
        | - | Legal restrictions on the issuing of bonds and commercial
        paper associated with the raising of funds for lending purposes will basically be
        abolished. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet, for those items requiring revisions of the
        existing laws. |  | 
  
    | 
      
        | - | Reform of the rating organization system |  | 
      
        | - | For fire insurance and automobile insurance,etc, the
        obligation for member insurers of a rating organization to use the premium rates
        calculated by the rating organization will be abolished. |  | 
      
        | - | On condition that the Diet passes necessary revision of
        the relevant laws, this will be implemented by July 1998. |  | 
  
    | 
      
        | - | Liberalization of the Foreign Exchange Business |  | 
      
        | - | The authorized foreign exchange bank system, the money
        exchanger system and the designated securities firm system will be abolished. Restrictions
        of foreign exchange business will be lifted, and free entry and exit into and from foreign
        exchange business will be ensured. This liberalization of foreign exchange business will
        also enable providing various types of financial services according to customer needs,
        such as sale and purchase of foreign currencies and currency swaps. |  | 
      
        | - | The fundamental amendment of the Foreign Exchange Law has
        passed the Diet during the current session. The revised law will take effect on April 1,
        1998. |  | 
 
  
    | items | measures | time schedule | 
  
    | 
      
        | (3)  | To develop a market with further utility |  |  |  | 
  
    | 
      
        | - | Abolishment of the restriction of off-exchange trading
        for listed securities |  | 
      
        | - | Upon establishing necessary rules, including the revision
        of the Securities and Exchange Law, which are designed to secure fairness of trading
        outside the exchanges, the restriction of off-exchange trading for listed securities will
        be securities. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Improvement of the liquidity of the OTC registered stocks |  | 
      
        | - | The supplementary status of the regisrated OTC(JASDAQ)
        market relative to the exchanges, will be reassessed.Its function will be strengthened by
        taking measures to improve liquidity. |  | 
      
        | - | These measures will be promoted after fiscal 1997. |  | 
  
    | 
      
        | - | Lifting of the ban on the trading and intermidiating of
        unlisted or unregistered stocks by securities companies |  | 
      
        | - | The ban on the trading and intermidiating of unlisted or
        unregistered stocks by securities companies will be lifted. |  | 
      
        | - | This will be implemented in July 1997. |  | 
  
    | 
      
        | - | Trading of financial futures |  | 
      
        | - | For trading of financial futures, measures will be
        examined to develop new products, to establish trading techniques, and to enhance investor
        protection. |  | 
      
        | - | Measures will be introduced during 1998 to allow spread
        transactions associated with short-term Japanese yen interest rate futures. |  | 
  
    | 
      
        | - | Development of the short-term money market |  | 
      
        | - | For the short-term money market, trading practices will
        be reassessed, and an attempt will be made to place BOJ-NET on a real time gross
        settlement(RTGS) basis. |  | 
      
        | - | The system will be placed on a RTGS basis by the end of
        this century. |  | 
  
    | 
      
        | - | Liberalization of cross-border capital transactions |  | 
      
        | - | In principle, permission and prior notification
        requirements will be abolished for external settlements and capital transactions. |  | 
      
        | - | The fundamental amendment of the Foreign Exchange Law has
        passed the Diet during the current session. The revised law will take effect on April 1,
        1998. |  | 
 
  
    | items | measures | time schedule | 
  
    | 
      
        | (4) | To establish a reliable framework and rules for fair and
        transparent transactions |  |  |  | 
  
    | 
      
        | - | Review of the system of consolidated financial statements |  | 
      
        | - | There will be a shift to disclosures based primarily on
        consolidated accounting; there will be a fundamental review of consolidation procedures. |  | 
      
        | - | Beginning in the March 1999 period, this will be
        implemented in stages. |  | 
  
    | 
      
        | - | Establishment of accounting standards for financial
        instruments |  | 
      
        | - | Accounting standards will be established, including the
        use of market-to-market method for such financial instruments as securities and
        derivatives. |  | 
      
        | - | This will be implemented quickly based on the final
        report of the Business Accounting Council, which will be issued by the summer of 1998. |  | 
  
    | 
      
        | - | Enhancement of audits by accountants |  | 
      
        | - | The practice and system of auditing will be made
        comparable to the international norm, including review of the auditing procedures by other
        firms or accounting organization. |  | 
      
        | - | This will be implemented quickly based on the
        recommendation of the Certified Public Accountants Examination Committee. |  | 
  
    | 
      
        | - | Expansion of the definition of securities |  | 
      
        | - | Along with the emergence of new products, the definition
        of securities will be expanded in order to apply more appropriately the investor
        protection measures, such as fair trading rules. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary |  | 
  
    | 
      
        | - | session of the Diet (part of this will be implemented by
        a cabinet order). |  | 
  
    | 
      
        | - | Enhancement of rules in the Securities and Exchange Law |  | 
      
        | - | Corresponding to the diversification of trading
        instruments, including the introduction of securities derivatives in the OTC market, there
        will be an enhancement of fair trading rules. Penalty provisions will be strengthened for
        insider trading. |  | 
      
        | - | It is planned that the legislative bill about netting
        agreement will be submitted to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Enhancement of the system of inspection, surveillance and
        punishment |  | 
      
        | - | Measures will be taken to enhance the system of
        inspection, supervision and punishment, including the strengthening of the function of the
        Securities and Exchange Surveillance Commission. |  | 
      
        | - | This will be promoted after fiscal 1997. |  | 
  
    | 
      
        | - | Establishment of the system of civil dispution
        settlements in securities transactions |  | 
      
        | - | The system of Civil dispution settlements will be
        developed and enhanced by taking such measures as legalizing the system of mediation by
        self-regulating organizations, as stipulated in the Securities and Exchange Law. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Introduction of Prompt Corrective Action |  | 
      
        | - | Prompt Corrective Action based on capital adequacy ratio
        will be introduced, whereby the authorities would take administrative action in a
        tramsparent and timely fashion. |  | 
      
        | - | This will be introduced, starting in April 1998. |  | 
  
    | 
      
        | - | Strengthening of measures to reduce settlement risk |  | 
      
        | - | For the payment system, there will be an enhancement of
        the system of measures to reduce risks. |  | 
      
        | - | The submission of the legislative bill is targeted for
        the next ordinary session of the Diet for agreement netting. |  | 
  
    | 
      
        | - | Protection of users of financial institutions |  | 
      
        | - | Necessary measures will be taken for the protection of
        consumer credit, upon consideration of such measures as the enactment of a unified
        consumer credit protection law. |  | 
      
        | - | The payment system will be placed on an RTGS basis by the
        end of the century. |  | 
  
    | 
      
        | - | Rules will be formulated to govern the explanation of
        non-depository products to consumers. |  | 
      
        | - | The conclusion will be reached during fiscal 1997, after
        which necessary measures will be taken quickly. |  | 
  
    | 
      
        | - | Strict enforcement of separate asset management;
        enhancement of the Securities Deposit Compensation Fund scheme |  | 
      
        | - | The strict separation of client assets will be enforced.
        At the same time, the Securities Deposit Compensation Fund scheme will be treated as a
        juridical person under the Securities and Exchange Law; the system will be further
        developed and strengthened. |  | 
      
        | - | This will be implemented during fiscal 1997. |  | 
  
    | 
      
        | - | Response to international requirements such as economic
        sanctions and other emergency restrictions |  | 
      
        | - | In view of the need for harmonization with international
        agreements, a mechanism that can effectively impose economic sanctions will be secured. |  | 
      
        | - | It is planned that the legislative bill will be submitted
        to the next ordinary session of the Diet. |  | 
  
    | 
      
        | - | Response to the International requests for the prevention
        of money laundering. |  | 
      
        | - | Banks and money exchangers will be legally required to
        verify the identity for foreign remittance; the system to the customs authorities will be
        introduced in cases involving the export or import of means of payments such as cash. |  | 
      
        | - | The fundamental amendment of the Foreign Exchange Law has
        passed the Diet during the current session The revised law will take effect on April 1,
        1998. |  | 
  
    | 
      
        | - | Development of an ex-post facto reporting system |  | 
      
        | - | To ensure a proper understanding of markets trends and to
        prepare statistics on the balance of payments and external assets and liabilities, an
        efficient and effective ex-post facto reporting system will be introduced alleviating the
        burden of report. |  | 
      
        | - | The fundamental amendment of the Foreign Exchange Law has
        passed the Diet during the current session The revised law will take effect on April 1,
        1998. |  | 
 
IV. Issues for the Future
(1) Implementation of the Plan; Development of Various Systems 
In order to realize the reform according to the plan, various systems must be developed
without delay through necessary revisions to laws and ordinances. 
(2) Review of Taxation on Financial Transaction and Activities 
Against the background of financial market reform, review on the tax system will be
carried out in order to identify how best financial activities could be such review will
take in to account revenue raising function of tax,established tax principles of fairness,
equity and simplicity, as well as international compatibility of the national tax system. 
(3) Consideration of Financial Services Law 
Along with the progress of financial system reform, it is expected to observe free
market entries that cut across the confines of traditional business areas as well as the
provision of various types of financial products and services. Therefore, consideration is
needed on a broad range of issues from a medium-term perspective, including the
possibility of establishing cross-cutting rules that can be uniformly applied to all
financial market participants (so-called Financial Services Law). This must be done by
keeping the standpoint of users in mind, in view of how the reform is actually
progressing. 
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