Statement by Ambassador Mitsuru Kitano, on Agenda item5 at the 13th United Nations Congress on Crime Prevention and Criminal Justice, Doha, Qatar, 17th April, 2015

Mr. President,

With respect to the issue of emerging crime, I would like to focus my intervention on cybercrime.

Following the 12th Crime Congress in Salvador, Japan amended its Penal Code and Criminal Procedure Code, and in 2011, criminalized core cybercrime offences such as creation and distribution of computer viruses, illegal access to computer systems. We also strengthened our criminal procedure law to be able to preserve and obtain digital evidence in a timely manner. After completing such legislation, Japan ratified in 2012, the Council of Europe Convention on Cybercrime, also known as the Budapest Convention. Japan believes that the Convention is a useful framework to define core cybercrime offences that would serve as a basis to satisfy dual criminality requirements for mutual legal assistances (MLAs). It is also our view that the convention is also a useful framework to preserve and obtain digital evidence in a timely manner for MLA and investigation.

Mr. President,

The challenge to international cooperation with regards to cybercrime is not the lack of a universal legal instrument, but gaps and shortfall of Member States laws to criminalize the core offences of cybercrime as well as gaps in procedural laws to effectively investigate and cooperate. It is also limited capacity among the law enforcement agencies, prosecutors, judiciary and competent authorities to properly address the issues of cybercrime .
Since the Congress in Salvador, the Inter-Governmental Expert Group Meeting was convened twice, in January 2011 and February 2013, and Comprehensive Study on the Issue of Cybercrime was also conducted. Japan welcomes the broad support and consensus that was reached for capacity building and technical assistance. However, it needs to be noted that diverse views were expressed and consensus was not reached on the other findings of the comprehensive study. Under the current circumstances, Japan believes that the most practical and effective way forward is to promptly identify needs and to provide practical capacity building and technical assistance based on existing international instruments.

Mr. President,

Let me introduce some of Japan’s recent efforts in capacity building and technical assistance in Asia. In 2013, Japan hosted a 2 day-workshop in Tokyo entitled Workshop on Effective International Cooperation in the area of Cybercrime Investigation and Prosecution”. 16 countries from the Asia-Pacific region attended the workshop, as well as international organizations including UNODC, INTERPOL and Council of Europe.
With a view to follow up on this workshop and to implement CCPCJ resolution 22/8, Japan contributed to the UNODCs Global Programme on cybercrime. Japan commends the UNODC for organizing several important workshops held in 2014 for ASEAN countries to enhance knowledge, technical skills and response capacities of investigators and prosecutors as well as judges and judicial officers, and looks forward to continue support with interested donors including the United States of America.

In addition, Japan is consulting with Singapore, ASEAN and INTERPOL about further projects on cybercrime, and will redouble the effort for the capacity building in Asia.

Mr. President,
I would like to conclude by reassuring our strong commitment to fight against cybercrime by enhancing technical assistance activities
The Practical Export Control Workshop was hosted by the Wassenaar Arrangement as part of its 20th Anniversary programs and held at the Permanent Mission of Japan to the International Organizations in Vienna on 27 and 28 June 2016. More than 100 government representatives from 46 countries participated in the technically focused Practical Workshop.
Workshop speakers included the 2016 WA Plenary Chair Ambassador Anu Laamanen (Finland), 2016 WA General Working Group Chair Ambassador Paul Beijer (Sweden), 2015-2016 WA Experts Group Chair Robertas Rosinas (Lithuania), 2016 WA Licensing and Enforcement Officers Meeting Chair Jon Erik Strömö (Norway), as well as the Head of the WA Secretariat, Ambassador Philip Griffiths. The WA control lists as well as export licensing and enforcement topics were covered during the two days.
The following link from WA’s webpage contains more details: