Japanese Payment Services Act                  BSP
(translated) (Act. No. 59 - June 2009)
Virtual Currency   In Japanese, the phrase 仮想通貨 (“virtual
                   currency”) is used.
                   The term "Virtual Currency" as used in this
                   Act means any of the following:
                   (i) property value (limited to that which is
                   recorded on an electronic device or any
                   other object by electronic means, and
                   excluding the Japanese currency,
                   foreign currencies, and Currency-
                   Denominated Assets; the same applies in
                   the following item) which can be used in
                   relation to unspecified persons for the
                   purpose of paying consideration for the
                   purchase or leasing of goods or the receipt
                   of provision of services and can also be
                   purchased from and sold
 to unspecified
                   persons acting as counterparties, and which
                   can be transferred by means of an
                   electronic data processing system; and
                   (ii) property value which can be mutually
                   exchanged with what is set forth in the
                   preceding item with unspecified persons
                   acting as counterparties, and which can be
                   transferred by means of an electronic data
                            processing system.
Virtual Currency Exchange   The term "Virtual Currency Exchange
Service                     Service" as used in this Act means carrying
                            out any of the following acts in the course of
                            trade, and the term "Exchange of Virtual
                            Currency, etc." as used in this Act means
                            the acts set forth in items (i) and (ii):
                            (i) purchase and sale of a Virtual Currency
                            or exchange with another Virtual Currency;
                            (ii) intermediary, brokerage or agency
                            services for the act set forth in the
                            preceding item; and
                            (iii) management of users' money or Virtual
                            Currency, carried out by persons in
                            connection with their acts set forth in the
                            preceding two items.
Registration                Article 63-2
                            No person may engage in the Virtual
                            Currency Exchange Service
                            unless the person is registered with the
                            Prime Minister.
                            After the amended Payment Services Act
                            took effect on April 1, 2017, only business
                            operators registered with competent Local
                            Finance Bureau are allowed to operate
                                      virtual
                                      currency exchange service (i.e. introduced
                                      registration system).1
Security                              Article 63-8
                                      A Virtual Currency Exchange Service
                                      Provider must, pursuant to
                                      the provisions of Cabinet Office Order, take
                                      necessary measures for preventing
                                      leakage, loss, or damage of information
                                      pertaining to the Virtual Currency Exchange
                                      Service and otherwise ensuring safe control
                                      of the handling of that information.
                                      Article 63-16
                                      When the Prime Minister finds it necessary
                                      for the proper and
                                      secure conduct of the Virtual Currency
                                      Exchange Service, the Prime Minister may
                                      order a Virtual Currency Exchange Service
                                      Provider to take necessary measures to
                                      improve the operation of its business or its
                                      financial status or other measures
                                      necessary for the purpose of supervision, to
                                      the extent that the order is necessary.
Reporting                             Written annual report
1   https://www.fsa.go.jp/en/news/2017/20170930-1/02.pdf
                               Volume of users’ VC
                               Audit Report
Onsite inspection              Allowed if PM finds it necessary (63-15)
Penalties                      Revocation of registration
                               Suspension of service
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