Political Donation by Foreigners: "I didn't know my donor was a foreigner." is not a excuse.

Political donations made by foreigners are laxly regulated under Political Fund Control Law, however, its true ulterior purpose of the law is to prevent substantial bribery.

Politicians exercise great influence in executing legislation and administration of Japan. Assuming that all political donations made by foreigners are not subject to punishment even under the current law, politicians may be practically allowed to exercise policies beneficial to a specific power and/or a specific country for some sort of compensation. Therefore, we cannot just categorize such a exercise into a group of misdemeanors.

Since foreigners living in Japan are allowed to use nicknames, the Japanese politicians may find it somehow difficult to identify donors with "being foreigners  living in Japan". In a case that politicians would just say "I didn't know donors were foreigners." and that their statements can not be examined due to lack of definite evidence, their suspicions will be cleared as there is no way to prove their intentions.

However, if their relations with foreigners lasted more than 5 years or so, they would have had opportunities sufficient to know that they have been associated with the foreigners.

I believe that many will find it difficult to ask if they are foreigners living in Japan. However, cases of former Prime Minister Naoto Kan and others have surfaced as major issues. In case a politician received political donation from someone without asking if a donor is a foreigner living in Japan, it may be presumed that the politician had a criminal intent even if the politician denies it by saying "I just didn't know the donor was a foreigner." From now on, politicians will face even harsher questioning over their responsibilities. "I just didn't know" no longer excuses them from criminal prosecution.

Written by Mr. Masaru Wakasa, ex-Deputy Head, Special Task Force of Tokyo District Public Prosecutors' Office

The above translation is provisional and subject to change.

外国人献金　「知らぬ」では済まない Original article written in Japanese

Related story from The Japan Times Noda also accused of receiving illegal donations

 

Mr. Noda (now Prime Minister) is seen thanking the Korean Citizens Union in Japan for 2009 general election of the Lower House. You shoud guess why?