* The Bank of Japan Law, established during wartime, shall be comprehensively revised.
→ Japan will establish a central bank system fit to be the nucleus of the financial system
in the 21st century.
* The Bank of Japan's independence, and the transparency of its policy making process,
shall be secured.
← Realizing the Central Bank Study Group's proposal of "Open Independence"
for the Bank.
(1) The purpose and philosophy shall be revised.
1) Issuance of bank notes and formulation and implementation of monetary policy
→ The Bank shall contribute to the development of a sound national economy through the maintenance of price stability.
2) The Bank shall contribute to the maintenance of an orderly credit system by securing smooth funds settlements for financial institutions.
(2) The independence and transparency of the Bank's monetary policy shall be secured.
(3) Relationship to the Government:
The Bank of Japan shall maintain close communication with the government to ensure there is sufficient mutual understanding to secure consistency between the government's economic policy and its monetary policy.
(4) The Public Nature of the Bank of Japan:
The Bank of Japan shall properly and effectively conduct its operations in light of the public nature of its activities and assets.
In implementing this law, the Bank's independent efforts in carrying out its operations shall receive sufficient consideration.
(1) Strengthening the Policy Board
1) The Policy Board shall be the highest policy making body:
Elimination of the Directors' Meeting → The Bank will have only one policy making board.
2) Reform of the structure of the Policy Board
|Persons of superior experience and knowledge||Executive Body||Government|
|At present||4 appointees (financial, industrial, and agricultural expertise)|
|Appointees (one from the MOF and another from EPA)|
|Proposal||6 Board members (of learning and experience)||the Governor|
2 Vice Governors
|may attend |
(2) Framework for the coordination of monetary policy between the Government and the Bank
1) The person(s) from the Government may attend Policy Board meetings where necessary. (attendance is only to those Policy Board meetings discussing monetary policy issues. They have no voting rights.) (Government participants shall be the Minister of Finance or his designee in the Ministry of Finance, or the Director of the Economic Planning Agency or his designee in the Economic Planning Agency):
* [Positions of the Government representatives shall be abolished.]
2) The person(s) from the Government may submit proposals regarding monetary policy for deliberation, and make a motion to postpone Policy Board decisions until the following meeting.
(The Policy Board shall decide whether to adopt or reject such a motion.):
* [The Finance Minister's broad authority to issue directions to the Bank will be abolished.]
3) The transparency of the Bank's monetary policy making process shall be ensured:
Minutes and records of the Policy Board meetings will be publicly
(1) Executive Directors' status
1) Positions of officers shall be secured.
→ Causes for their dismissal will be limited. (The Officers will not be dismissed for having different opinions from that of the Government.)
2) Governor and the Vice Governors will be appointed with the consent of both Houses.
3) Authority of Auditors will be strengthened: At least one Auditor shall be appointed from the outside.
(2) Principles on officers and staff shall be established.
1) The duty to protect confidential information shall be prescribed.
2) The standard of remuneration:
The Bank of Japan shall determine the standard of remuneration, and report it to the Minister of Finance and the public.
3) Rules applicable to officers and staff:
The Bank of Japan shall establish rules for its officers and staff,
covering such matters as limiting employment with private sector
companies after retirement. The Bank shall report these rules
to the Minister of Finance and public.
(1) Correction of misconduct
1) The broad authority of the Minister of Finance to issue directions to the Bank of Japan and appoint its Comptroller will be abolished.
2) The scope of its investigation shall be limited to a minimum:
It will be limited to requiring correction of violation of law and the Bank's Articles of Association.
3) On-site investigations will be abolished, and Auditors will be utilized in investigating misconduct.
(2) Public control of the operating budget
The requirement for the Finance Minister's permission shall be maintained subject to safe guarding clauses to ensure formulation and implementation of monetary policy is not influenced:
Items requiring the Minister's permission shall be clearly stated.
(Those items are limited to personnel, communication, and general business expenses, in order to ensure monetary policy is not influenced.)
When the Minister of Finance does not grant such permission, he
shall provide a notice of rejection, and its grounds, to the public.
Upon receipt of the notice of rejection, the Bank may publicly
disclose its opinion.
(1) The business operations for maintenance of confidence in the financial system shall be clearly stated.
1) The Bank of Japan may make advances for a limited duration, in its own judgment.
2) The Bank of Japan may, upon the request of the Minister of Finance, take special measures.
* In the case of national emergency:
The Bank is expected to respond to the Government's request. The duty of the Bank during national emergencies will be discussed in the context of the Government's risk management system.
(2) The nature of the Bank's international finance business operations will be clarified.
(3) The Bank's on-site examination of financial institutions will
be stipulated as based on contracts. The characteristics of the
contracts shall be reviewed.
Provisions limiting the maximum amount of bank notes issued and
the requirement for a reserve of bank notes will be eliminated.
The Bank of Japan shall enhance its reporting to the Diet, by
such means as establishing relevant procedures to submit a report
on its operations every six months.
(1) Amendment to the Law Concerning Reserve Deposit Requirement System:
The authority of the Minister of Finance to fix, change or abolish reserve rates shall be eliminated.
(2) Effective Date
This law shall be effective on April 1, 1998.