While you are traveling in another country, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different than our own. In Japan, you may be taken in for questioning if you don’t have your passport or Japanese residence card to show your identity and visa status. Driving under the influence could also land you immediately in jail. If you violate Japanese law, even unknowingly, you may be arrested, imprisoned, or deported. If you are arrested in Japan, even for a minor offense, you may be held in detention without bail for several months or more during the investigation and legal proceedings. A list of English-speaking lawyers located throughout Japan is available on our website. There are also some things that might be legal in the country you visit, but still illegal in the United States, and you can be prosecuted under U.S. law if you buy pirated goods or purchase child pornography. While you are overseas, U.S. laws don’t apply. If you do something illegal in your host country, you are subject to the laws of the country even though you are a U.S. citizen. It’s very important to know what’s legal and what’s not wherever you go.
Illegal Drugs: Penalties for possessing, using, or trafficking illegal drugs, including marijuana, are severe, and convicted offenders can expect long jail sentences and fines. In most drug cases, suspects are detained and barred from receiving visitors or corresponding with anyone other than a lawyer or a U.S. consular officer until after the first hearing, which at times has taken a year to take place. Solitary confinement is common.
You could be convicted of drug use based on a positive blood or urine tests alone, and several U.S. citizens are now serving time in Japanese prisons as the result of sting operations that used informants. The Japanese police routinely share information on drug arrests with Interpol, assuring that notification of the arrest will reach U.S. law enforcement agencies. The majority of all U.S. citizens now in prison in Japan are incarcerated for drug-related crimes. In recent months, there have been arrests of individuals selling and possessing synthetic drug-like substances, such as the synthetic marijuana called "spice."
Japanese authorities aggressively pursue drug smugglers with sophisticated detection equipment, "sniffing" dogs, and other methods. When entering Japan, you and your luggage will be screened at ports of entry. Incoming and outgoing mail, as well as international packages sent via DHL or FedEx, are also checked carefully. The Japanese police make arrests for even the smallest amounts of illegal drugs. Several U.S. citizens have been arrested, tried, and convicted after having mailed illegal drugs to themselves from other countries, or for having tried to bring drugs into Japan as paid couriers working out of Southeast Asia or Europe. In 2013, several U.S. citizens were arrested at Japanese airports for smuggling illegal drugs on flights originating in India. All claim that they did not realize they were carrying drugs. When traveling to Japan, never transport packages that do not belong to you, and keep immediate control of your luggage at all times.
Knives: Possession of a knife with a locking blade, or a folding blade that is longer than 5.5 cm (a little more than two inches), is illegal in Japan. U.S. citizens and U.S. military personnel have been arrested and detained for more than 10 days for carrying pocket knives that are legal in the United States but illegal in Japan.
Immigration Penalties: Japanese work visas are not transferable and are issued outside of Japan for a specific job with a specific employer at a specific place of employment. It is illegal for you to work in Japan while in tourist or visa-waiver status. Japanese authorities do not allow foreigners to change their immigration status from visa-waiver status to work status while in Japan. Japanese immigration officers may deny you entry if you appear to have no visible means of support. Please contact the Japanese Embassy or the nearest Japanese consulate in the United States for information on what is considered enough financial support. If you work in Japan without a work visa, you may be subject to arrest, which can involve several weeks or months of incarceration, followed by conviction and imprisonment or deportation. If you are deported, you will have to pay the cost of deportation, including legal expenses and airfare.
Overstaying your visa or working illegally may lead to fines of several thousands of dollars, and in some cases, re-entry bans can be as long as ten years or indefinitely for drug offenders. For additional information please see Japan’s Immigration Control and Refugee Recognition Act.
Arrest notifications in Japan: Generally, when you are arrested in Japan, the police will ask if you would like the U.S. embassy or consulate to be notified of your arrest. To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas.
Consular Access: You must carry your U.S. passport or Japanese Residence Card (Zairyu Kado) with you at all times so that if questioned by local officials, you can prove your identity, citizenship, and immigration status. Under Japanese law, the police may stop any person on the street at any time and demand to see identification. If you do not have with you either a passport or a valid Japanese Residence Card, you are subject to arrest. In accordance with the U.S.-Japan Consular Convention, U.S. consular officers are generally notified within 24 hours of the arrest of a U.S. citizen, if the U.S. citizen requests consular notification.
Conditions at Prisons and Detention Facilities: Japanese prisons and detention facilities maintain internal order through a regime of very strict discipline. U.S. citizen prisoners often complain of stark, austere living conditions and psychological isolation. No one arrested in Japan is allowed access to personal medication of any type, often causing problems and health risks to those arrested with medical conditions, as substitute medication provided by prison medical officials is seldom the same in effect or strength. As a prisoner, you can become eligible for parole only after having served approximately 60-70% of your sentence. Early parole is not allowed for any reason - humanitarian, medical, or otherwise. Access to interpreters is not always required under Japanese criminal law. Additional information on arrests in Japan is available on the United States' embassy website. Japan acceded to the Council of Europe Convention on the Transfer of Sentenced Persons on June 1, 2003.
You are responsible for ensuring that you meet and comply with foreign entry requirements, health requirements and that you possess the appropriate travel documents. Information provided is subject to change without notice. One should confirm content prior to traveling from other reliable sources. Information published on this website may contain errors. You travel at your own risk and no warranties or guarantees are provided by us.