''Section 4 Cooperation with Enforcement''

Article 38 (1) Where an offense underlying a surrender request constitutes a serious crime, cooperation with enforcement may be rendered, except in a case that falls under any of the following items(i) cooperation with enforcement entailing preservation for a forfeiture, when a case for the offense underlying the cooperation request is pending before a Japanese court; provided, however, that this shall not apply where the ICC has determined that the case is admissible pursuant to the provisions of article 17, paragraph 1 of the Statute or has commenced proceedings in the case;(ii) cooperation with enforcement entailing preservation for a forfeiture, when a final and binding judgment has been issued by a Japanese court in a case connected with the offense underlying the surrender request; provided, however, that this shall not apply where the ICC has determined that the case is admissible pursuant to the provisions of article 17, paragraph 1 of the Statute or has rendered a judgment of conviction in the case;
(iii) cooperation with enforcement entailing preservation for a forfeiture in instances when, if a punishment were to be imposed in Japan for the offense underlying the cooperation request, the property connected with the request for cooperation with enforcement would not be subject to preservation for confiscation under Japanese laws and regulations (excluding instances where property connected with said request was obtained from a person who was harmed by the act constituting the offense underlying the cooperation request, when said property would not be subject to preservation for confiscation, on the basis that it belongs to said person or his/her general successor);
(iv) cooperation with enforcement entailing preservation for a reparations order that is equivalent to preservation for confiscation under Japanese laws and regulations in light of its contents and nature, in instances when, if a punishment were to be imposed in Japan for the offense underlying the cooperation request, the property connected with the request for cooperation with enforcement would not be subject to preservation for confiscation under Japanese laws and regulations (excluding instances where property connected with said request was obtained from a person who was harmed by an act constituting a serious crime and is to be returned to said person or his/her general successor by a reparations order, when said property would not be subject to preservation for confiscation, on the basis that the property belongs to such person); or
(v) cooperation with enforcement entailing preservation for a reparations order that is equivalent to preservation for the collection of an equivalent value under Japanese laws and regulations in light of its contents and nature, when, if a punishment were to be imposed in Japan for the offense underlying the cooperation request, the property connected with said request for cooperation with enforcement would not be subject to preservation for collection of equivalent value under Japanese laws and regulations.