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MANAGEMENT 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 on the details for managing the Necessary Measures for Proper Preservation of Government Documents and Records of Importance as Historical Materials (Cabinet Decision, March 30, 2001) and the Implementation of Necessary Measures for Proper Preservation of Government Documents and Records of Importance as Historical Materials (Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies, March 30, 2001. Hereinafter referred to as the “Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies”).
1. Whether administrative documents that are at the end of their retention period as stipulated by Enforcement Ordinance Article 16, Paragraph 1, Subparagraph 1 of the Law Concerning Access to Information Held by Administrative Organs (Cabinet Order No. 41 of 2000. Hereinafter referred to as the “Enforcement Ordinance of Information Access Law”) and which are the subject of Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies 1(1) or (2) (including those applicable to 3(2)i) should be transferred shall each be individually determined based on the content of the information of the said administrative documents according to the basic concept illustrated as a separate figure.
2. The procedures on the transfer of government documents and records of importance as historical materials to the Prime Minister are as follows.
(1) At the beginning of each fiscal year, the Prime Minister, while taking in opinions of the National Archives, shall present to the head of the administrative organs the transfer schedule of that fiscal year and request the head of each ministry and agency to report to the Prime Minister on those administrative documents with storage period expiring that fiscal year or with no need for extension of retention period determined as qualifying for one of the conditions described in 1(1) to (3) of the Agreement by Director-General of Minister’s Secretariat, etc. of Ministries and Agencies.
(2) The head of each administrative organ will report to the Prime Minister on those administrative documents determined appropriate to be preserved in the National Archives while qualifying for one of the conditions described in 1(1) to (3) of the Agreement by Director-General of Minister’s Secretariat, etc. of Ministries and Agencies. As such, if the administrative document reported to the Prime Minister was created or acquired by another administrative organ or if there is any other legitimate reason for requiring the approval of another administrative organ upon transfer of the document concerned, in principle all administrative organs shall consult with the other administrative organ on permissible claim over the document on whether the document may be reported or not. In the case where the administrative document reported to the Prime Minister is considered as a confidential document at the other administrative organ and has not completed the period to be kept confidential, all administrative organs must consult with the other administrative organ and respect their opinion. On this occasion, when determined that the said administrative document carries any information as described in Article 5, Subparagraph 1 to 3 of the Law Concerning Access to Information Held by Administrative Organs (Law No. 42 of 1999. Hereinafter referred to as the “Information Access Law”), the said other administrative organ shall inform the administrative organ concerned on the matter.
Furthermore, in the event of the retention period of the document reported to the Prime Minister is to expire prior to conclusion of the transfer schedule for that fiscal year, all administrative organs are to extend the storage period of the said administrative document until the conclusion of the transfer schedule for that said fiscal year.
(3) The Prime Minister upon receiving reports from the head of administrative organs, while taking in opinions of the National Archives, will consult with the head of each administrative organ concerned on those documents determined appropriate to be transferred to and preserved in the National Archives.
(4) The Prime Minister, in parallel to (3), while taking in opinions of the National Archives, will consult with the head of each administrative organ concerned on the transfer of administrative document that may fulfill the condition of 1(4) in the Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies. As such, if the administrative document to be consulted was created or acquired by the other administrative organ or if there is any other legitimate reason for requiring the approval of the other administrative organ upon transfer of the document concerned, in principle the Cabinet Office shall also consult with the other administrative organ on permissible claim over the document on whether the document may be transferred or not. Furthermore, in the event of the retention period of the administrative document consulted is to expire during the period from the consultation of the Prime Minister to the conclusion of the transfer schedule for that fiscal year, all administrative organs are to extend the retention period of the said administrative document until the conclusion of the transfer schedule for that said fiscal year.
(5) The Prime Minister is to conclude the transfer schedule for that year after all consultations have been completed concerning those documents as described in (3) and (4) above, while complying with the agreements with the head of each administrative organ.
(6) The Prime Minister is to accept transfer of administrative documents in the order of expiration of each document’s retention period in accordance with on the transfer schedule concluded. As such, in the event of the retention period of the administrative document to be transferred is to expire during the period from the conclusion of the transfer schedule for that fiscal year to the actual transfer of the said document, all administrative organs are to extend the retention period of the said administrative document until the actual transfer.
(7) In the event of transferring administrative documents that has been informed by the other administrative organ as carrying information described in Article 5, Subparagraph 1 to 3 of the Information Access Law noted in (2) above, all administrative organs are to notify the other administrative organ concerned on the transfer of that said administrative document. Furthermore, when contacting the National Archives on the decision to whether disclose the administrative document concerned or not at the time of transfer, in principle all administrative organs are to consult with the other administrative organ concerned. The same applies to after the transfer of the administrative document concerned to the National Archives upon contacting the National Archives on the decision.
(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 on the details for managing the Necessary Measures for Proper Preservation of Government Documents and Records of Importance as Historical Materials (Cabinet Decision, March 30, 2001) and the Implementation of Necessary Measures for Proper Preservation of Government Documents and Records of Importance as Historical Materials (Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies, March 30, 2001. Hereinafter referred to as the “Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies”).
1. Whether administrative documents that are at the end of their retention period as stipulated by Enforcement Ordinance Article 16, Paragraph 1, Subparagraph 1 of the Law Concerning Access to Information Held by Administrative Organs (Cabinet Order No. 41 of 2000. Hereinafter referred to as the “Enforcement Ordinance of Information Access Law”) and which are the subject of Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies 1(1) or (2) (including those applicable to 3(2)i) should be transferred shall each be individually determined based on the content of the information of the said administrative documents according to the basic concept illustrated as a separate figure.
2. The procedures on the transfer of government documents and records of importance as historical materials to the Prime Minister are as follows.
(1) At the beginning of each fiscal year, the Prime Minister, while taking in opinions of the National Archives, shall present to the head of the administrative organs the transfer schedule of that fiscal year and request the head of each ministry and agency to report to the Prime Minister on those administrative documents with storage period expiring that fiscal year or with no need for extension of retention period determined as qualifying for one of the conditions described in 1(1) to (3) of the Agreement by Director-General of Minister’s Secretariat, etc. of Ministries and Agencies.
(2) The head of each administrative organ will report to the Prime Minister on those administrative documents determined appropriate to be preserved in the National Archives while qualifying for one of the conditions described in 1(1) to (3) of the Agreement by Director-General of Minister’s Secretariat, etc. of Ministries and Agencies. As such, if the administrative document reported to the Prime Minister was created or acquired by another administrative organ or if there is any other legitimate reason for requiring the approval of another administrative organ upon transfer of the document concerned, in principle all administrative organs shall consult with the other administrative organ on permissible claim over the document on whether the document may be reported or not. In the case where the administrative document reported to the Prime Minister is considered as a confidential document at the other administrative organ and has not completed the period to be kept confidential, all administrative organs must consult with the other administrative organ and respect their opinion. On this occasion, when determined that the said administrative document carries any information as described in Article 5, Subparagraph 1 to 3 of the Law Concerning Access to Information Held by Administrative Organs (Law No. 42 of 1999. Hereinafter referred to as the “Information Access Law”), the said other administrative organ shall inform the administrative organ concerned on the matter.
Furthermore, in the event of the retention period of the document reported to the Prime Minister is to expire prior to conclusion of the transfer schedule for that fiscal year, all administrative organs are to extend the storage period of the said administrative document until the conclusion of the transfer schedule for that said fiscal year.
(3) The Prime Minister upon receiving reports from the head of administrative organs, while taking in opinions of the National Archives, will consult with the head of each administrative organ concerned on those documents determined appropriate to be transferred to and preserved in the National Archives.
(4) The Prime Minister, in parallel to (3), while taking in opinions of the National Archives, will consult with the head of each administrative organ concerned on the transfer of administrative document that may fulfill the condition of 1(4) in the Agreement by Director-Generals of Minister’s Secretariat, etc. of Ministries and Agencies. As such, if the administrative document to be consulted was created or acquired by the other administrative organ or if there is any other legitimate reason for requiring the approval of the other administrative organ upon transfer of the document concerned, in principle the Cabinet Office shall also consult with the other administrative organ on permissible claim over the document on whether the document may be transferred or not. Furthermore, in the event of the retention period of the administrative document consulted is to expire during the period from the consultation of the Prime Minister to the conclusion of the transfer schedule for that fiscal year, all administrative organs are to extend the retention period of the said administrative document until the conclusion of the transfer schedule for that said fiscal year.
(5) The Prime Minister is to conclude the transfer schedule for that year after all consultations have been completed concerning those documents as described in (3) and (4) above, while complying with the agreements with the head of each administrative organ.
(6) The Prime Minister is to accept transfer of administrative documents in the order of expiration of each document’s retention period in accordance with on the transfer schedule concluded. As such, in the event of the retention period of the administrative document to be transferred is to expire during the period from the conclusion of the transfer schedule for that fiscal year to the actual transfer of the said document, all administrative organs are to extend the retention period of the said administrative document until the actual transfer.
(7) In the event of transferring administrative documents that has been informed by the other administrative organ as carrying information described in Article 5, Subparagraph 1 to 3 of the Information Access Law noted in (2) above, all administrative organs are to notify the other administrative organ concerned on the transfer of that said administrative document. Furthermore, when contacting the National Archives on the decision to whether disclose the administrative document concerned or not at the time of transfer, in principle all administrative organs are to consult with the other administrative organ concerned. The same applies to after the transfer of the administrative document concerned to the National Archives upon contacting the National Archives on the decision.
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