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Comparative Analysis between the U.S. Executive Order and the Tokyo Prefectural Ordinance against Yakuza - Synchronization of Anti Mafia Activities in Japan, the U.S., and the World

Abstract

In July of 2011, the U.S. Executive Order 13581, “Blocking Property of Transnational Criminal Organizations”, listed Japanese Yakuza as one of the significant transnational criminal organizations to whom one must block their property. In October of 2011, the Tokyo Prefectural Ordinance on Exclusion of Boryokudan came into effect in Japan. These regulatory changes and many recent scandals relating to Yakuza are calling for more active and globalized anti mafia activities in Japan, the U.S. and the world. Under these circumstances, how can multinational corporations establish legal compliance and risk management systems that respond to these regulations? This paper will explore some solutions by 1) discussing how to act in response to the Executive Order, 2) comparing the Executive Order and the Tokyo Ordinance, and 3) analyzing the synergy effects of both regulations.

Authors

Daisuke Takahashi
Attorney at Law , Shinwa General Law Offices, Japan

Daisuke passed the National Bar Exam of Japan in 2003 and graduated from Waseda University as salutatorian in 2004. In 2004-2005, he worked as Legal Trainee for the Supreme Court of Japan. In 2005, Daisuke registered as Attorney at Law of Japan. Since then, he has worked for Shinwa General Law Offices in Tokyo, where he has practiced in corporate law, finance law, international law, environmental law, legal compliance and risk management, and various types of litigations. In 2008-2009, Daisuke was selected as European Commission Scholarship Student to study at University of Hamburg (Germany), University of Bologna (Italy), and University of Aix-Marseille (France). He successfully received his triple Master degrees in Law and Economics from three countries. In 2009-2010, Daisuke studied at The Fletcher School of Law and Diplomacy in the U.S. and received his Master of Laws in International Law. Before he moved back to Japan in 2011, he had gained international working experiences at a global law firm of K&L Gates LLP in the U.S. Daisuke's engagement includes: Coordinator Attorney, Project Team on CSR and Internal Control, Japan Federation of Bar Associations; Vice Chair, Environmental Protection Committee, First Tokyo Bar Association; Committee Member, International Affairs Task Force, Anti Yakuza Committee, First Tokyo Bar Association; and Invited Researcher, Waseda University Organization for Japan – U.S. Studies.

Companies

Equant SA

Shinwa General Law Offices

Shinwa General Law Offices is one of the 50 largest law firms in Japan. Shinwa offers one-stop legal service with high quality while the firm specializes in corporate and finance laws. Our attorneys include former or current directors of bar associations, governmental advisers, and politicians such as parliament member and mayor.

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