Financial Services AgencyFSA Weekly Review No.540

June 8, 2023

What’s New on the FSA Website

Week of May 26, 2023 - June 1, 2023

This page contains the latest in events, developments, and updates to the FSA website.

Public Comments

June 1, 2023 Publication of the finalized amendments to the "Comprehensive Guidelines for Supervision of Small- and Medium-Sized and Regional Financial Institutions" alongside the finalized amendments to other relevant and applicable comprehensive guidelines after public consultation
<Summary>
The FSA finalized the amendments to the following Comprehensive Guidelines after public consultation:

- Comprehensive Guidelines for Supervision of Small- and Medium-Sized and Regional Financial Institutions

- Comprehensive Guidelines for Supervision of Major Banks, etc.

- Comprehensive Guidelines for Supervision of Cooperative Financial Institutions (provisional English title), and

- Comprehensive Guidelines for Supervision of Insurance Companies. 


In response to requests from financial institutions to establish a category of "advanced banking service companies," the finalized amendments clarify perspectives in conducting proof-of-concept trials to verify the corporate profitability and business continuity/sustainability of "advanced banking service companies" in a banking group, including the main banking service company.
The finalized amendments took effect on June 1, 2023.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/ginkou/20230601/20230601.htmlopen new window
May 26, 2023 Publication of the finalized applicable and relevant Cabinet Orders, Cabinet Office Orders, and others pertaining to the 2022 revision of the "Payment Services Act" after public consultation
<Summary>
The FSA finalized the applicable and relevant Cabinet Orders, Cabinet Office Orders, and others pertaining to the 2022 revision of the "Payment Services Act" after public consultation.
The amendments in conjunction with the finalized Cabinet Orders, Cabinet Office Orders, and others mainly pertain to the enforcement of the "Act Partially Amending the Payment Services Act, etc." to establish a stable and efficient payment services system, which was promulgated on June 10, 2022.
The finalized Cabinet Orders, Cabinet Office Orders, and others were enforced on June 1, 2023.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/sonota/20230526/20230526.htmlopen new window
May 26, 2023 Publication of the finalized "Cabinet Orders to partially revise the Order for Enforcement of the Act on Prevention of Transfer of Criminal Proceeds", etc. after public consultation
<Summary>
The main points of the revision are as follows:

・Among the businesses conducted by issuers of high-value electronic transferable prepaid payment instruments and Electronic Payment Instrument (i.e. stablecoins) Exchange Service Providers, etc. that become newly subject to the Act on Prevention of Transfer of Criminal Proceeds (APTCP), i.e. the Specified Business Operators, defined businesses subject to the obligation to prepare and maintain transaction records, etc., i.e. the Specified Business, and transactions subject to the obligation to conduct ID verification at the time of transactions, etc., i.e. the Specified Transaction.

・Under the newly introduced travel rules for the transfer of electronic payment instruments (i.e. stablecoins) and crypto assets, the items to be notified, and further defined obligatory measures to adequately perform the verification at the time of the transaction and report suspicious transactions such as collecting information and retaining records when conducting transactions with unhosted wallets and other such mechanisms. (*see PDFthe Attachment on the Travel Rules and countermeasures on a transaction involving unhosted wallets).

・Defined methods and standards in conducting due diligence on the status of AML/CFT of the counterparty (e.g., that the counterparty has AML/CFT framework, assigns an AML/CFT Officer in charge to accurately perform the verification at the time of the transaction, etc. and is under appropriate supervision by the regulators) with respect to the obligation to confirm when a newly established Electronic Payment Instrument Exchange Service Provider or  Crypto-asset Exchange Service Provider concludes an alliance agreement related to the transfer of electronic payment instruments or crypto-assets.

The amendments took effect on June 1, 2023.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/sonota/20230526-2/20230526-2.htmlopen new window

Press Releases

Councils

June 1, 2023 Publication of the agenda and handouts of the tenth meeting of the Corporate Accounting Committee of the Business Accounting Council
<Summary>
The FSA published the agenda and handouts* of the tenth meeting of the Corporate Accounting Committee of the Business Accounting Council, which was held on June 2, 2023.

* Handouts include the updated lists of members of the council and the committee.


The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/singi/singi_kigyou/siryou/kaikei/20230602.htmlopen new window
June 1, 2023 Appointment of the Business Accounting Council's committee members
<Summary>
The Business Accounting Council’s committee members were appointed by the FSA's Commissioner.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/singi/20230601.htmlopen new window
May 29, 2023 Publication of the outlines of proceedings of the 30th meeting of the Examination Board on Strengthening of Financial Functions
<Summary>
The FSA published the outlines of proceedings of the 30th meeting of the Examination Board on Strengthening of Financial Functions pursuant to Article 8 of the Operational Rules for the Board.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/singi/soff/gijiyoshi/20230511.htmlopen new window
May 29, 2023 The first meeting of the Working Group on Tender Offer Rule and Large Shareholding Reporting Rule of the Financial System Council 
May 29, 2023 Publication of the agenda and handouts of the tenth meeting of the "Study Group on Digital- and Decentralized-Finance" (provisional English title)
<Summary>
The FSA published the agenda and handouts of the tenth meeting of the "Study Group on Digital- and Decentralized-Finance" (provisional English title), which was held on May 29, 2023.
In the tenth meeting, guest practitioners gave presentations on "principles on digital assets and private law" and "on- and off-chain data analysis in a decentralized financial system," followed by a discussion among the Study Group members.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/singi/digital/siryou/20230529.htmlopen new window
May 29, 2023 Publication of the agenda and handouts of the eighth meeting of the "Working Group on Impact Investment"
<Summary>
The FSA published the agenda and handouts of the eighth meeting of the "Working Group on Impact Investment," which was held on May 29, 2023.
The secretariat (the FSA) of the Working Group provided a brief on the (draft) report for a summary of discussions of the Working Group meetings held so far, followed by a discussion among the Working Group members.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/singi/impact/siryou/20230529.htmlopen new window
May 26, 2023 The 21st Consultation Meeting in Relation to the Multiple-Debt Problem and Consumer Finance
<Summary>
On June 2, 2023, the FSA and the Consumer Affairs Agency jointly held the 21st Consultation Meeting in Relation to the Multiple-Debt Problem and Consumer Finance. The consultation meeting was held to follow up the status on lenders and borrowers as part of the measures based on the "Program to Remedy the Multiple-Debt Problem."

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/policy/kashikin/tajusaimukondankai/20230526.htmlopen new window

Banks

May 31, 2023 Overview of modifications to lending conditions by financial institutions
<Summary>
The FSA published an overview of modifications to lending conditions made by financial institutions for the period from March 10, 2020 to April 30, 2023.
*The majority of the data reflects the data until April 30, 2023, whereas the data of cooperative financial institutions reflects the data until March 31, 2023.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/ordinary/coronavirus202001/kashitsuke/20200430.htmlopen new window
May 31, 2023 Information sharing on cases regarding unauthorized use of bank accounts
<Summary>
The FSA and local finance bureaus provide information regarding unauthorized use of bank accounts to relevant financial institutions and law enforcement authorities after obtaining consents from informants. The FSA has published statistics that include the number of information sharing on cases regarding unauthorized use of bank accounts until March 31, 2023 since September 2003, along with the corresponding actions taken by financial institutions.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/ginkou/20230531.htmlopen new window
May 29, 2023 Approval of the implementation plans filed by financial institutions in regard to the application for the "fund-grant system" pursuant to the "Act on Special Measures for Strengthening Financial Functions"
<Summary>
Upon receipt of the "implementation plans" from (1) The Hachijuni Bank, Ltd. and THE NAGANO BANK, LTD., and (2) Habataki Shinkumi Bank, Sanjyo Shinkumi Bank, and Niigata Tetsudo Shinkumi Bank, in regard to the application for the "fund-grant system" pursuant to the "Act on Special Measures for Strengthening Financial Functions," the FSA approved the plans as appropriate after conducting a review and assessment from the perspective of the sustainability of providing core financial services to their services users.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/ginkou/20230529/20230529-1.htmlopen new window
May 29, 2023 Authorization granted to The Hachijuni Bank, Ltd. for acquiring THE NAGANO BANK, LTD. as a new subsidiary, including the plan to maintain essential services for local residents in municipalities filed by the said banks
<Summary>
The FSA granted authorization to The Hachijuni Bank, Ltd. for acquiring THE NAGANO BANK, LTD. as a new subsidiary, pursuant to the "Banking Act."
The FSA also screened and authorized the plan to maintain essential services for local residents in municipalities filed by the said banks, pursuant to the "Act on Special Provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade to Maintain Essential Services for Local Residents in Municipalities in Regard to General Passenger Ride-Sharing Motor Carrier Services and Banking Business"* (provisional English law title).
 

* This Act is under the joint jurisdiction of the Cabinet Secretariat, the FSA, and the Ministry of Land, Infrastructure, Transport and Tourism (MLIT). The Act exempts certain cases of business enhancement through mergers and/or joint management among motor carrier service providers, regional banks or others in municipalities that may conflict with the "Act on Prohibition of Private Monopolization and Maintenance of Fair Trade." Some services provided by ride-sharing motor carrier service providers and regional banks in the respective municipalities are regarded as "essential services." These essential services are the basis for the lives and economic activities of local residents and are also difficult to be replaced by other operators/providers. The existing service providers and regional banks are facing difficulties in providing "essential services" in a sustainable manner due to reasons such as declining population.


The original press releases are available in Japanese at the following URLs:
https://www.fsa.go.jp/news/r4/ginkou/20230529/20230529-3.htmlopen new window
https://www.fsa.go.jp/news/r4/ginkou/20230529/20230529-2.htmlopen new window

Securities

May 30, 2023 Publication of statistics regarding over-the-counter (OTC) derivative transactions (as of March 31, 2022)
<Summary>
The FSA published the over-the-counter (OTC) derivatives report as of March 31, 2022, pursuant to the "Financial Instruments and Exchange Act." This report aggregated the OTC derivatives transactions data reported from the financial instruments business operators in Japan.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/shouken/20230530/20230530.htmlopen new window

Insurance

May 31, 2023 Authorization granted to Japan Post Insurance Co., Ltd. for a subsidiary ownership
<Summary>
The FSA and Ministry of Internal Affairs and Communications (MIC) jointly granted authorization for the subsidiary ownership application filed by Japan Post Insurance Co., Ltd. pursuant to the "Postal Service Privatization Act."

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/yuusei/20230531.htmlopen new window

Others

May 31, 2023 Conclusion of a basic agreement between FSA and the University of Tokyo on research collaboration
<Summary>
The FSA and the University of Tokyo entered into a basic agreement on collaboration and cooperation on research. This is the first time for the FSA to conclude a partnership agreement with a university or other academic institution in research field, and through this partnership, the FSA would like to further enhance financial administration.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/sonota/20230531/20230531.htmlopen new window
May 31, 2023 Activities of the FSA's Counseling Office for Financial Services Users for the period between January 1 and March 31, 2023
<Summary>
The FSA's Counseling Office for Financial Services Users offers a counseling service to respond to inquiries and comments from financial services users. Between January 1 and March 31, 2023, the counseling office received 15,204 inquiries and comments, a major increase from 11,185 cases in the previous quarter (between October 1 and December 31, 2022).

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/soudan/2023soudan01-03/2023_01-03.htmlopen new window
May 31, 2023 Updated list of entities that are operating financial instruments businesses without proper registration (The Kanto Local Finance Bureau)
<Summary>
The FSA and the Kanto Local Finance Bureau issued warnings to entities that are operating financial instruments businesses without proper registration. (See the updated list of Excelforeign-based entitiesopen new window).
The list also includes the warned non-registered entities with untraceable/unidentified addresses. (Postal and/or web addresses on the list of the warned non-registered foreign-based entities reflect those shown on their respective webpages, not necessarily the addresses that could be traced and identified).


The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/ordinary/chuui/mutouroku.htmlopen new window
May 26, 2023 Updated questionnaire to be filled out by applicants for registration as crypto-asset exchange service providers
<Summary>
The FSA has updated the questionnaire to be filled out by applicants subject to the screening process for applications for registration as crypto-asset exchange service providers. The questionnaire primarily reflects updates in conjunction with the finalized "Cabinet Orders to Partially Revise the Order for Enforcement of the Act on Prevention of Transfer of Criminal Proceeds," etc., which were enforced on June 1, 2023.
While the updated questionnaire also reflects the amendments to the applicable "Guidelines for Administrative Processes," it clarifies the intent of the questions based on the expertise the FSA has so far accumulated through registration screening and other relevant procedural activities.

The original press release is available in Japanese at the following URL:
https://www.fsa.go.jp/news/r4/virtualcurrency/20230526.htmlopen new window

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