Accidental Importation During a Move to Japan
Case Background
Our client was relocating from the United States to Japan. When he shipped his belongings, he forgot to remove a substance that is legal in the United States but prohibited under Japanese law, and he realized what had happened only after the shipment had been sent. The belongings were travelling by sea and had not yet arrived in Japan when he consulted our office and asked us to represent him.
Issues That Arose with the Case and Our Solutions
1. Our client needed to avoid being arrested.
A case of this kind would ordinarily be expected to result in an arrest. Having reviewed the circumstances, we concluded that the best course of action was for our client to come forward of his own accord and to show a clear willingness to cooperate with the investigation, rather than to wait for the shipment to be discovered. We attended the customs office together with our client and submitted a written statement setting out the circumstances and requesting that he not be arrested. As a result, our client was not taken into custody, and the investigation proceeded on a non-custodial basis while he was permitted to continue his daily life in Japan.
2. Our client needed to protect his status of residence in Japan.
Our client had just moved to Japan, and a referral of the case to the prosecutor would have placed his status of residence at risk. We emphasized throughout the investigation that our client had reported the matter himself, before the shipment reached Japan, and that he had cooperated fully from the outset.
Result of the Case
Our client’s decision to come forward voluntarily was considered. The case was not referred by customs to the prosecutor and was concluded by an administrative disposition. Our client’s status of residence was not affected, and he was able to continue his life in Japan.
