Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, paragraph 1 , item ii of the Immigration Control and ( ) ( ) Refugee Recognition Act ( )

 In cases where the applicant is to engage in public ( )
entertainment consisting of theatrical performances or
musical performances, all of the following requirements are to
be fulfilled, except for the cases prescribed in item ii . ( )
( )a The applicant must fulfill any of the following
requirements for the type of performance in which he/she is
to engage, however, this shall not apply to cases where the
total reward for the applicant s performances in the case ’ (
of a group performance, the total reward for the group)
amounts to 5 million yen or more a day.
1. Deleted
2. The applicant must have spent a minimum of 2 years at
a foreign educational institution majoring in subjects
pertaining to the type of performance in which he/she is
to engage.
3. The applicant must have a minimum of 2 years’
experience outside Japan in the type of performance in
which he/she is to engage.
( )b The applicant must engage in theatrical or musical
performances based on a contract limited to one that (
clearly specifies that the organization concerned bears the
obligation of making a payment of at least 200,000 yen per
month to the applicant; hereinafter referred to as
"performance contract" in this item with an organization in )
Japan which fulfills all of the following requirements.
However, this shall not apply to cases where the applicant
is to engage in musical performances of ethnic music at an
ethnic restaurant other than the restaurants classified as
places operating an entertainment business prescribed in
Article 2, paragraph 1 , item i or ii of the Act on ( )  ( )  (  )
C o n t r o l  a n d  I m  p r o v e m e n t  o  f  A m u s e  m e n t  a n d
Entertainment Business Act No. 122 of 1948 hereinafter ( ) (
referred to as "Entertainment Business Law" with receipt )
of reward of at least 200,000 yen per month based on a
contract with an organization which manages the- 8 -
restaurant concerned.
1. The operator or the manager of the organization must
have at least 3 years experience in public entertainment ’
involving aliens.
2. The organization must employ at least 5 full-time
employees in Japan.
3. The operator or the regular employees of the organization
must not fall under any of the following categories.
i. A person who has committed trafficking in persons or
incited or aided another to commit it.
ii. A person who has committed the act set forth in
Article 73-2, paragraph 1 , item i or ii of the ( )  ( )  (  )
Immigration Control Act or the act of arranging set
forth in item iii of the same paragraph in the past 5 ( )
years.
iii. A person who has forged or altered a document or
drawing, has prepared a false document or drawing, or
has used, possessed, transferred or lent a forged or
altered document or drawing or false document or
drawing, or has arranged the transfer or lending thereof
with the intent of helping an alien illegally receive
issuance of a certificate, a seal of verification for landing
(including the recording of the prescribed data pursuant
to the provision of Article 9, paragraph 4 of the ( )
Immigration Control Act; the same shall apply
hereinafter or special pe ) rmission pursuant to the
provisions of Chapter III, Section I or II of the
Immigration Control Act, permission for landing
pursuant to the provisions of Section IV of the same
chapter or permission pursuant to the provisions of
Chapter IV, Section I or Chapter V, Section III of the
Immigration Control Act, in connection with the
business activities of the organization concerned, in the
past 5 years.
iv. A person who has been punished for violation of the
provisions of Article 74 to 74-8 of the Immigration
Control Act, or Articles 6 to 13 of the Anti-Prostitution
Act Act No. 118 of 1956 and for whom 5 years have ( )
not yet passed following completion of the sentence or
since the date of remission of the execution of the- 9 -
sentence.
v. A person who is a member of an organized crime
group prescribed in Article 2, item vi of the Act on ( )
Prevention of Unjust Acts by Organized Crime Group
Members Act No. 77 of 1991 or for whom 5 years have ( )
not yet passed since leaving an organized crime group.
4. The organization must make payment of the entire
amount of the reward, which it has the obligation to pay to
the aliens residing in Japan under the status of residence
of "Entertainer" based on a performance contract concluded
by the organization in the past 3 years.
( )c The facility at which the theatrical or musical
performances stated in the application are to take place
must fulfill the following requirements. However, this shall
not apply to cases where there  are no aliens at the facility
with the status of residence of "Entertainer" engaging in
entertainment activities other than the applicant, in which
case the facility must fulfill the requirement in 6 . ( )
1. The audience for the performance must not be limited
to any specific groups or individuals.
2. In cases where the facility is classified as a place
operating an entertainment business prescribed in Article
2, paragraph 1 , item i or ii of the Entertainment ( )  ( )  (  )
Business Act, all the following requirements are to be
fulfilled.
i. There must be a minimum of 5 employees whose duties
are primarily serving customers the definition of (
"serving customers" as prescribed in Article 2,
paragraph 3 of the Entertainment Business Act; the ( )
same shall apply hereinafter .)
ii. It must be clear that the foreign performers holding the
status of residence of "Entertainer" are not required to
take part in serving customers.
3. There must be a stage of at least 13 square meters.
4. There must be a waiting room for the entertainers of at
least 9 square meters. If the number of entertainers is
greater than 5, there must be an additional 1.6 square
meters for every additional entertainer.
5. There must be at least 5 employees at the facility.
6. The operator of the organization which manages the- 10 -
facility concerned or the regular employees who engage in
the operations of the facility concerned must not fall
under any of the following categories.
i. A person who has committed trafficking in persons or
incited or aided another to commit it.
ii. A person who has committed the act set forth in Article
73-2, paragraph 1 , item i or ii of the Immigration ( )  ( )  (  )
Control Act or the act of arranging set forth in item iii ( )
of the same paragraph in  the past 5 years.
iii. A person who has forged or altered a document or
drawing, has prepared a false document or drawing, or
has used, possessed, transferred or lent a forged or
altered document or drawing or false document or
drawing, or has arranged the transfer or lending thereof
with the intent of helping an alien illegally receive
issuance of a certificate, a seal of verification for landing
or special permission pursuant to the provisions of
Chapter III, Section I or II of the Immigration Control
Act, permission for landing pursuant to the provisions of
Section IV of the same chapter or permission pursuant
to the provisions of Chapter IV, Section I or Chapter V,
Section III of the Immigration Control Act, in
connection with the business activities of the
organization concerned, in the past 5 years.
iv. A person who has been punished for violation of the
provisions of Articles 74 to 74-8 of the Immigration
Control Act, or Articles 6 to 13 of the Anti-Prostitution
Act and for whom 5 years have not yet passed following
completion of the sentence or since the date of remission
of the execution of the sentence.
v. A person who  is  a member of an organized crime group
or for whom 5 years have not yet passed since leaving
an organized crime group.
( ) ii When the applicant is to engage in theatrical or musical
performances, he/she must fall under any of the following
categories.
( )a The applicant is to engage in theatrical or musical
performances organized by the national government, a local
government or a juridical person established directly
pursuant to the provisions of Japanese laws or a juridical- 11 -
person established pursuant to the provisions of a special
Japanese law through special acts of establishment, or in
theatrical or musical performances conducted at a school,
an advanced vocational school or a vocational school
provided for by the Schools Act Act No. 26 of 1947 . ( )
( )b The applicant is to engage in theatrical or musical
performances organized by a public or private organization
in Japan which has been established with funds from the
national government, a local government or an incorporated
administrative agency for the purpose of cultural exchange
between Japan and foreign countries.
( )c The applicant is to engage in theatrical or musical
performances at a facility of 100,000 square meters or more
where theatrical or musical performances by aliens are
regularly shown in order to attract potential tourists with
the theme of foreign settings or culture.
( )d The applicant is to engage in theatrical or musical
performances at a facility where food and drink are not
served for profit to the seated audience and where serving
customers does not take place limited to one managed by a (
public or private non-profit organization in Japan or one
with a seating capacity of 100 or more .)
( )e The applicant is to receive reward of 500,000 yen or more
a day for performances concerned in the case of a group (
performance, the total reward for the group and is to )
reside in Japan for a period not exceeding 15 days to engage
in theatrical or musical performances.
( ) iii In cases where the applicant is to engage in public
entertainment other than theatrical or musical performances,
he/she must receive no less reward than a Japanese national
would receive for comparable work.
( ) iv In cases where the applicant is to engage in show business
other than public entertainment, he/she must engage in any
of the following activities and must receive no less reward
than a Japanese national would receive for comparable work.
( )a Activities pertaining to the advertisement of goods or
business
( )b Activities pertaining to the production of broadcast
programs including cable broadcast programs or movies ( )
( )c Activities pertaining to the taking of commercial-use- 12 -
photographs
( )d Activities for recording sound or images on
commercial-use records, videotapes or other recording medi