IMPLEMENTATION OF NECESSARY MEASURES FOR PROPER PRESERVATION OF GOVERNMENT DOCUMENTS AND RECORDS OF IMPORTANCE AS HISTORICAL MATERIALS

(Cabinet Decision, March 30, 2001) March 30, 2001

Agreement by Director-Generals of Minister’s Secretariat, etc. Of Ministries and Agencies Agreement has been made as follows for the Implementation of Necessary Measures for Proper Preservation of Government Documents and Records of Importance as Historical Materials (Cabinet Decision, March 30, 2001).

1. The government documents and records of importance as historical materials that are to be transferred from the administrative organs of the State (excluding those administrative organs with organs described in 3(1)) to the Prime Minister (National Archives-Independent Administrative Institution. (Hereinafter referred to as the “National Archives”)) shall be those administrative documents with expired retention period provided for in the Enforcement Ordinance of Article 16, Paragraph 1, Subparagraph 8 of the Law Concerning Access to Information Held by Administrative Organs (Government Ordinance No. 41 of 2000; hereinafter referred to as the “Enforcement Ordinance of Information Access Law”) that are one of the following.

(1) Final decision paper (includes those with information that cannot be combined with the said final decision paper as well as details on their content and on the deliberations, considerations and process of discussion until the decision) to make a decision on those essential national political affairs and on documents acknowledged as carrying equal importance to the aforementioned essential national political affairs such as the important administrative policies of the governing administration of all their other important affairs (hereinafter referred to as the “essential national political affairs”).

(2) The documents with details on the operation of the administrative organ concerned and its results based on the decision made concerning essential national political affairs (excluding those applicable to (1)).

(3) The documents created or acquired by 1945 (excludes those applicable to (1) or (2)).

(4) Out of the administrative documents held by the administrative organs (excluding those administrative organs with organs described in 3(1). Hereinafter the same) that does not apply to any of (1) to (3), those documents with information that had significant impact on national politics or others determined by the Prime Minister most appropriate to be preserved in the National Archives with agreement gained from all administrative organs on their transfer.


2. The procedures on the transfer of government documents and records of importance as historical materials to the Prime Minister are as follows.

(1) The transfer of government documents and records of importance as historical
materials from the administrative organs to the Prime Minister are conducted based on the transfer schedule created every fiscal year by the Prime Minister while taking in opinions of the National Archives immediately after the expiration of the retention period of those administrative documents that are considered to be transferred.

(2) The head of each administrative organ is to report to the Prime Minister on those administrative documents with retention period that will expire within the targeted fiscal year of the transfer schedule created by the Prime Minister and no need for extension on their retention period that are determined appropriate to be preserved in the National Archives while qualifying to one of the conditions described in 1(1) to (3).

(3) The Prime Minister is to accept the transfer of those documents determined appropriate to be preserved in the National Archives out of all the administrative documents requested by the head of the administrative organs while taking in opinions of the National Archives. Furthermore, in the event of documents with a possibility of qualifying for 1(4) after taking in opinions of the National Archives, the Prime Minister will hold a discussion with the heads of the administrative organs over their transfer and only accept those that were agreed on.


3. The administrative organs determined appropriate to receive transfers of, preserve and utilize government documents and records of importance as historical materials are as follows.

(1) The organs described in proviso 2 of the Cabinet Decision as “administrative organs determined appropriate to receive transfers of, preserve and utilize government documents and records of importance as historical materials” are the following out of those organs designated by the Minister of Public Management, Home Affairs, Posts and Telecommunications based on the regulation of Article 2, Paragraph 2 of the Enforcement Ordinance of Information Access Law.

Archives and Mausolea Department, Imperial Household Agency Diplomatic Record Office, Ministry of Foreign Affairs

(2) The government documents and records of importance as historical materials that shall be transferred to organs as described in (1) must be administrative documents held by administrative organs to which the organs concerned belongs, with their retention period provided by Article 16, Paragraph 1, Subparagraph 8 of the Enforcement Ordinance of Information Access Law expired and shall be one of the following.

A. Those described in 1(1) to (3).

B. Of those documents that does not apply to A, documents with information that had significant impact on national politics or others determined by the head of the administrative organ concerned most appropriate to be preserved in the organ described in (1) within the said administrative organ.

(3) The procedures for organs described in (1) receiving government documents and records of importance as historical materials shall be determined by the administrative organ to which the said organ belongs.