Japanese Procedures for Taking a Nihontō Abroad — Antique Art Export Inspection Certificate, Customs Clearance, Return of the Registration Certificate, and Postal/Baggage Rules

Whether you are selling a nihontō to an overseas buyer, bringing your own sword home when you return, or taking it abroad temporarily for a demonstration or exhibition — all of these count as "export" under Japanese procedures (Tokyo Metropolitan Board of Education, "When Exporting Firearms and Swords"). This article organizes only the procedures required on the Japanese side before taking the sword out of Japan. Whether you can import, possess, or carry the sword in the destination country varies by country, so please check the country-specific articles listed at the end.

Overview of Required Procedures on the Japanese Side

The main procedures for taking a registered sword out of Japan are the following three.

The basis for each is the Agency for Cultural Affairs, "Antique Art Export Inspection Certificate", the Customs Act (e-Gov Legal Search), and the Act for Controlling the Possession of Firearms or Swords and Other Such Weapons (Jūtōhō) (e-Gov Legal Search), respectively. In addition, swords that qualify as kokuhō (National Treasures), jūyō bunkazai (Important Cultural Properties), or similar, and swords being sent to Russia, require approval under the Foreign Exchange and Foreign Trade Act; when the koshirae (mounting) or other fittings use materials subject to the Washington Convention (CITES), those procedures are added as well (later sections).

Obtaining the Agency for Cultural Affairs' Antique Art Export Inspection Certificate

Objects designated as kokuhō (National Treasures) or jūyō bunkazai (Important Cultural Properties), and objects certified as jūyō bijutsuhin (Important Art Objects), are in principle prohibited from being exported abroad under the Act on Protection of Cultural Properties and related legislation. For this reason, customs may require confirmation at the time of export that an item is not so designated or certified, and the Agency for Cultural Affairs issues an "antique art export inspection certificate" attesting to this, upon application by the owner or other eligible party (Agency for Cultural Affairs, "Antique Art Export Inspection Certificate"). Regarding registered swords, the Tokyo Metropolitan Board of Education advises that this certificate must always be obtained before export (Tokyo Metropolitan Board of Education).

The key points of the application, according to the Agency for Cultural Affairs' application guidelines, are as follows.

• Documents required: application form, photographs of the export item, a copy of the front of the registration certificate, and a return envelope for the certificate. All items except the return envelope must be prepared in duplicate; one set is returned as the certificate, and one set is kept by the Agency for Cultural Affairs.
• Photographs must show the full blade (front and back) with the saya (scabbard), tsuka (hilt), and habaki removed, and a close-up of the nakago (tang) (front and back) or an oshigata of the nakago. Both sets must be prepared to the same specification; one set may not be a photocopy of the other.
• Applications are by mail only. As the forms have been revised due to organizational restructuring, check the Agency for Cultural Affairs' website for the latest version along with the mailing address.
• If the details on the registration certificate (mei (signature), length, sori (curvature), mekugi-ana, etc.) do not match the photographs, the certificate will not be issued. When confirmation of the validity of a registration certificate is needed, applicants are advised to contact the prefectural Board of Education that handled the registration.
• Apply after the export destination and timing have been decided (Agency for Cultural Affairs, "Frequently Asked Questions").

Regarding the number of days for issuance, the Agency for Cultural Affairs states that the standard is 10 business days from the date all documents are received, while also noting that the number of days required has increased due to a significant rise in applications. Please apply with ample lead time to meet your export date. The certificate is valid for one year and may be used for a single export only. Since the original must be submitted to customs at the time of clearance, a new application is required for each export declaration. If you decide not to proceed with the export after receiving the certificate, you must return the original and submit a "notification of cancellation of export."

Jūyō bunkazai (including kokuhō) may not be exported except with the permission of the Commissioner of the Agency for Cultural Affairs (Act on Protection of Cultural Properties Article 44). For jūyō bijutsuhin (Important Art Objects), the underlying law was abolished by a supplementary provision of the Act on Protection of Cultural Properties, and the certification retains effect only for items that were certified at the time of enforcement, on a transitional basis (Supplementary Provisions Articles 2 and 4). Grades such as the NBTHK's "Jūyō Tōken" are classifications based on the association's own review, and are separate from national designation or certification.

Cases Involving Foreign Exchange and Foreign Trade Act Approval and the Washington Convention (CITES)

Approval from the Minister of Economy, Trade and Industry (METI) under the Foreign Exchange and Foreign Trade Act is required for: kokuhō, jūyō bunkazai, jūyō bijutsuhin (Important Art Objects), and similar items (Export Trade Control Order, Appended Table 2, Item 43), and for swords destined for Russia ("swords, daggers, spears, and other similar weapons, and their parts and saya" listed in Appended Table 2-3). There is no requirement to apply to the Ministry of Economy, Trade and Industry (METI) for an export license or approval when sending an ordinary registered sword to any other country (Export Trade Control Order (e-Gov Legal Search)).

When ivory or other materials of animal or plant origin listed in the CITES appendices are used in the koshirae (mounting) or saya (scabbard), an export permit based on the Convention may be required. The application in Japan is made to the Ministry of Economy, Trade and Industry (METI) (Trade Control Department, Wildlife Trade Examination Division) (Ministry of Economy, Trade and Industry (METI), "Washington Convention (CITES)"). The transaction process with overseas buyers and the handling of materials are covered in Cross-border Transactions of Nihontō and the Washington Convention.

Customs Clearance Procedures

The Customs Act requires anyone seeking to export cargo to declare the name, quantity, price, and other details to the Director-General of Customs, undergo any required inspection, and obtain permission (Article 67). Cargo for which another law requires a permit, approval, or fulfillment of conditions for export must be certified to that effect to customs, and export of cargo for which such certification or confirmation cannot be provided is not permitted (Article 70. Customs Act (e-Gov Legal Search)). The list of other laws that customs verifies at the time of export includes the Act on Protection of Cultural Properties (Tokyo Customs, "Overview of Other Export-Related Laws Verified by Customs"). The original antique art export inspection certificate is submitted to customs at the time of this clearance.

• The HS (Harmonized System) classification is determined by the year of manufacture. Swords made within 100 years of manufacture are classified under Chapter 93, heading 9307.00 (swords, daggers, spears, and other similar arms); swords over 100 years old are excluded from Chapter 93 and classified as antiques under heading 97.06 (Customs, "Explanatory Notes to the Tariff Schedule," Chapter 93 and Chapter 97).
• Customs duties are levied on imported goods (Customs Tariff Act (e-Gov Legal Search) Article 3); no Japanese customs duty applies to the export of a sword from Japan. Customs duties and taxes in the destination country are governed by that country's regulations.
• Even when you entrust the export declaration to a customs broker or shipping company, arrange in advance who will receive the original inspection certificate and at what stage.

Sending by International Post or Courier

Japan Post's list of "Items that cannot be sent as international mail" does not include swords as items prohibited worldwide. However, Japan Post requires that airmail containing the following "swords and similar items" bear an "international mail weapons label" on the address side (Japan Post, "Items that cannot be sent as international mail").

• Swords, spears, and naginata with a blade length of 15 cm or more
• Daggers, aikuchi, and switchblade knives with a blade length of 5.5 cm or more

Airmail containing swords or similar items is not transported by aircraft within Japan, so delivery takes longer than usual. At international exchange offices, there may be cases where such mail cannot be loaded onto a flight due to airline circumstances, in which case it is returned to the sender. Items that cannot be sent may vary by destination country, so please also check the conditions for the relevant country or region.

Under Customs Act Article 76, postal items are in principle cleared through a simplified procedure; however, items with a value exceeding 200,000 yen are excluded from this and require an export declaration under Article 67. Even for postal items cleared through the simplified procedure, the provisions regarding proof under other laws (Article 70) apply by analogy during customs inspection (Article 76, Paragraphs 1 and 4. Customs Act (e-Gov Legal Search)). Regarding how to submit the original inspection certificate when sending by post, please confirm with customs before dispatch.

Whether international courier companies and shipping carriers accept swords varies by company. Please confirm with each company before placing an order.

Carrying as Baggage

Taking a sword out of the country yourself also constitutes "export." The Tokyo Metropolitan Board of Education advises that export procedures are required even when bringing a sword back upon returning home, or for short-term takings-out such as a model demonstration of iai or a display at an overseas museum for approximately one month (Tokyo Metropolitan Board of Education). The inspection certificate and return of the registration certificate are required in the same way when carrying the sword as baggage.

• While transporting the sword to the airport, the registration certificate must be carried at all times (Firearms and Swords Control Act (Jūtōhō) Article 24, Paragraph 1).
• Customs advises that items such as commercial cargo or high-value goods may require the same export procedures as ordinary trade cargo when being taken out of the country (Customs, "Customs Procedures upon Departure"). According to Tokyo Customs' guidance, items carried out as baggage with a value exceeding 300,000 yen, or items requiring an export license or approval under the Export Trade Control Order, require a regular export declaration; they must be brought to the bonded storage area in the airport, declared, inspected, and examined before being loaded onto the aircraft after permission is granted (Tokyo Customs, "Procedures for Exporting as Baggage").
• The counter and timing for submitting the original inspection certificate should be confirmed in advance with the customs office at the departure airport.
• Bladed items may be prohibited from being carried on board aircraft as they could be used for hijacking or terrorism. Whether carrying on board or checking in is permitted depends on each airline's regulations, so please check with the airline you are using (Ministry of Land, Infrastructure, Transport and Tourism, "Items Subject to Restrictions on Carry-on and Checked Baggage").

Returning the Registration Certificate to the Board of Education That Issued It

Firearms and Swords Control Act (Jūtōhō) Article 16, Paragraph 1, Item 2 stipulates that when a person no longer possesses a registered sword because it has been exported from Japan, the registration certificate must be promptly returned to the Board of Education of the prefecture that conducted the registration (Firearms and Swords Control Act (Jūtōhō)). The return destination is not the Board of Education of the current place of residence, but the Board of Education of the prefecture where the sword was registered.

The Boards of Education of Tokyo Metropolitan and Saitama Prefecture advise that a registration certificate becomes invalid at the moment the sword is taken abroad (Tokyo Metropolitan Board of Education and Saitama Prefecture, "Exporting Firearms and Swords (Taking Them Abroad)"). For swords registered in Saitama Prefecture, applicants are advised to send the registration certificate by post or bring it in person to the prefectural office, together with a note stating the reason for return and the address and name of the person returning it. For swords registered in other prefectures, please follow the guidance of that prefecture.

When bringing back to Japan a sword that was taken out for a demonstration or exhibition, the Tokyo Metropolitan Board of Education advises that the sword must be re-registered with the Board of Education of the owner's prefecture of residence, using a "certificate of handover" or "certificate confirming registrability." If the old registration certificate remains on hand, it must be returned immediately to the Board of Education that issued the registration. When re-registering, the return procedure can also be completed at the Board of Education of the place of residence (it will be forwarded to the Board of Education that issued the original registration).

Rules of the Destination Country — Country-Specific Articles

Even after completing the Japanese procedures, whether you can import, possess, or carry the sword in the destination country depends on the laws of that country (and, depending on the country, that state or region). Please have the recipient confirm the official guidance from local customs, police, or other relevant authorities. The rules by country and the laws within Japan are covered in the following articles.

• Rules of English-speaking destination countries (United States, United Kingdom, Australia, Canada)
• Rules of destination countries in Europe and Asia
• Laws on possession and trading of swords within Japan
• How the firearms and swords registration certificate works

The Japanese procedures proceed in the order of: applying for the inspection certificate, customs clearance, and return of the registration certificate. Since each procedure applies per sword and per export, begin preparations once the export destination and timing have been decided.