Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, paragraph 1 , item ii of the Immigration Control and ( ) ( ) Refugee Recognition Act ( )

 In cases where the applicant is to engage in public ( )

entertainment consisting of theatrical performances or

musical performances, all of the following requirements are to

be fulfilled, except for the cases prescribed in item ii . ( )

( )a The applicant must fulfill any of the following

requirements for the type of performance in which he/she is

to engage, however, this shall not apply to cases where the

total reward for the applicant s performances in the case ’ (

of a group performance, the total reward for the group)

amounts to 5 million yen or more a day.

1. Deleted

2. The applicant must have spent a minimum of 2 years at

a foreign educational institution majoring in subjects

pertaining to the type of performance in which he/she is

to engage.

3. The applicant must have a minimum of 2 years’

experience outside Japan in the type of performance in

which he/she is to engage.

( )b The applicant must engage in theatrical or musical

performances based on a contract limited to one that (

clearly specifies that the organization concerned bears the

obligation of making a payment of at least 200,000 yen per

month to the applicant; hereinafter referred to as

"performance contract" in this item with an organization in )

Japan which fulfills all of the following requirements.

However, this shall not apply to cases where the applicant

is to engage in musical performances of ethnic music at an

ethnic restaurant other than the restaurants classified as

places operating an entertainment business prescribed in

Article 2, paragraph 1 , item i or ii of the Act on ( )  ( )  (  )

C o n t r o l  a n d  I m  p r o v e m e n t  o  f  A m u s e  m e n t  a n d

Entertainment Business Act No. 122 of 1948 hereinafter ( ) (

referred to as "Entertainment Business Law" with receipt )

of reward of at least 200,000 yen per month based on a

contract with an organization which manages the- 8 -

restaurant concerned.

1. The operator or the manager of the organization must

have at least 3 years experience in public entertainment ’

involving aliens.

2. The organization must employ at least 5 full-time

employees in Japan.

3. The operator or the regular employees of the organization

must not fall under any of the following categories.

i. A person who has committed trafficking in persons or

incited or aided another to commit it.

ii. A person who has committed the act set forth in

Article 73-2, paragraph 1 , item i or ii of the ( )  ( )  (  )

Immigration Control Act or the act of arranging set

forth in item iii of the same paragraph in the past 5 ( )

years.

iii. A person who has forged or altered a document or

drawing, has prepared a false document or drawing, or

has used, possessed, transferred or lent a forged or

altered document or drawing or false document or

drawing, or has arranged the transfer or lending thereof

with the intent of helping an alien illegally receive

issuance of a certificate, a seal of verification for landing

(including the recording of the prescribed data pursuant

to the provision of Article 9, paragraph 4 of the ( )

Immigration Control Act; the same shall apply

hereinafter or special pe ) rmission pursuant to the

provisions of Chapter III, Section I or II of the

Immigration Control Act, permission for landing

pursuant to the provisions of Section IV of the same

chapter or permission pursuant to the provisions of

Chapter IV, Section I or Chapter V, Section III of the

Immigration Control Act, in connection with the

business activities of the organization concerned, in the

past 5 years.

iv. A person who has been punished for violation of the

provisions of Article 74 to 74-8 of the Immigration

Control Act, or Articles 6 to 13 of the Anti-Prostitution

Act Act No. 118 of 1956 and for whom 5 years have ( )

not yet passed following completion of the sentence or

since the date of remission of the execution of the- 9 -

sentence.

v. A person who is a member of an organized crime

group prescribed in Article 2, item vi of the Act on ( )

Prevention of Unjust Acts by Organized Crime Group

Members Act No. 77 of 1991 or for whom 5 years have ( )

not yet passed since leaving an organized crime group.

4. The organization must make payment of the entire

amount of the reward, which it has the obligation to pay to

the aliens residing in Japan under the status of residence

of "Entertainer" based on a performance contract concluded

by the organization in the past 3 years.

( )c The facility at which the theatrical or musical

performances stated in the application are to take place

must fulfill the following requirements. However, this shall

not apply to cases where there  are no aliens at the facility

with the status of residence of "Entertainer" engaging in

entertainment activities other than the applicant, in which

case the facility must fulfill the requirement in 6 . ( )

1. The audience for the performance must not be limited

to any specific groups or individuals.

2. In cases where the facility is classified as a place

operating an entertainment business prescribed in Article

2, paragraph 1 , item i or ii of the Entertainment ( )  ( )  (  )

Business Act, all the following requirements are to be

fulfilled.

i. There must be a minimum of 5 employees whose duties

are primarily serving customers the definition of (

"serving customers" as prescribed in Article 2,

paragraph 3 of the Entertainment Business Act; the ( )

same shall apply hereinafter .)

ii. It must be clear that the foreign performers holding the

status of residence of "Entertainer" are not required to

take part in serving customers.

3. There must be a stage of at least 13 square meters.

4. There must be a waiting room for the entertainers of at

least 9 square meters. If the number of entertainers is

greater than 5, there must be an additional 1.6 square

meters for every additional entertainer.

5. There must be at least 5 employees at the facility.

6. The operator of the organization which manages the- 10 -

facility concerned or the regular employees who engage in

the operations of the facility concerned must not fall

under any of the following categories.

i. A person who has committed trafficking in persons or

incited or aided another to commit it.

ii. A person who has committed the act set forth in Article

73-2, paragraph 1 , item i or ii of the Immigration ( )  ( )  (  )

Control Act or the act of arranging set forth in item iii ( )

of the same paragraph in  the past 5 years.

iii. A person who has forged or altered a document or

drawing, has prepared a false document or drawing, or

has used, possessed, transferred or lent a forged or

altered document or drawing or false document or

drawing, or has arranged the transfer or lending thereof

with the intent of helping an alien illegally receive

issuance of a certificate, a seal of verification for landing

or special permission pursuant to the provisions of

Chapter III, Section I or II of the Immigration Control

Act, permission for landing pursuant to the provisions of

Section IV of the same chapter or permission pursuant

to the provisions of Chapter IV, Section I or Chapter V,

Section III of the Immigration Control Act, in

connection with the business activities of the

organization concerned, in the past 5 years.

iv. A person who has been punished for violation of the

provisions of Articles 74 to 74-8 of the Immigration

Control Act, or Articles 6 to 13 of the Anti-Prostitution

Act and for whom 5 years have not yet passed following

completion of the sentence or since the date of remission

of the execution of the sentence.

v. A person who  is  a member of an organized crime group

or for whom 5 years have not yet passed since leaving

an organized crime group.

( ) ii When the applicant is to engage in theatrical or musical

performances, he/she must fall under any of the following

categories.

( )a The applicant is to engage in theatrical or musical

performances organized by the national government, a local

government or a juridical person established directly

pursuant to the provisions of Japanese laws or a juridical- 11 -

person established pursuant to the provisions of a special

Japanese law through special acts of establishment, or in

theatrical or musical performances conducted at a school,

an advanced vocational school or a vocational school

provided for by the Schools Act Act No. 26 of 1947 . ( )

( )b The applicant is to engage in theatrical or musical

performances organized by a public or private organization

in Japan which has been established with funds from the

national government, a local government or an incorporated

administrative agency for the purpose of cultural exchange

between Japan and foreign countries.

( )c The applicant is to engage in theatrical or musical

performances at a facility of 100,000 square meters or more

where theatrical or musical performances by aliens are

regularly shown in order to attract potential tourists with

the theme of foreign settings or culture.

( )d The applicant is to engage in theatrical or musical

performances at a facility where food and drink are not

served for profit to the seated audience and where serving

customers does not take place limited to one managed by a (

public or private non-profit organization in Japan or one

with a seating capacity of 100 or more .)

( )e The applicant is to receive reward of 500,000 yen or more

a day for performances concerned in the case of a group (

performance, the total reward for the group and is to )

reside in Japan for a period not exceeding 15 days to engage

in theatrical or musical performances.

( ) iii In cases where the applicant is to engage in public

entertainment other than theatrical or musical performances,

he/she must receive no less reward than a Japanese national

would receive for comparable work.

( ) iv In cases where the applicant is to engage in show business

other than public entertainment, he/she must engage in any

of the following activities and must receive no less reward

than a Japanese national would receive for comparable work.

( )a Activities pertaining to the advertisement of goods or

business

( )b Activities pertaining to the production of broadcast

programs including cable broadcast programs or movies ( )

( )c Activities pertaining to the taking of commercial-use- 12 -

photographs

( )d Activities for recording sound or images on

commercial-use records, videotapes or other recording medi