In the event that a person conducting aerial work business becomes a natural person or an entity referred to in subparagraphs (a) through (d), the permission will lose its effect. The conditions for the permission also apply to companies, such as holding companies, which have substantial control over the person conducting aerial work business.
3. A foreign aircraft may not be used for a flight between points within Japan.
15
Sector: Transport
Obligations Concerned: National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Measures: Civil Aeronautics Law (Law No. 231 of 1952), Chapter 2
Description:
1. An aircraft owned by any of the following natural persons or entities may not be registered in the national register:
(a) a natural person who does not have Japanese nationality;
(b) a foreign country, or a foreign public entity or its equivalent;
(c) a legal person or other entity constituted under the laws of any foreign country; and
(d) a legal person represented by the natural persons or entities referred to in subparagraph (a), (b) or (c); a legal person of which one-third or more of the directors are composed of the natural persons or entities referred to in subparagraph (a), (bo) or (c); or a legal person of which one-third or more of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).
2. A foreign aircraft may not be registered in the national register.
16
Sector:
Obligations Concerned: Transport National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Prohibition of Performance Requirements (Article 6)
Measures: Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2 through 4
Enforcement Regulation of Freight Forwarding Business Law (Ministerial Ordinance of the Ministry of Transport No. 20 of 1990)
Description: The following natural persons or entities are required to be registered with, or to obtain permission or approval of, the Minister of Land, Infrastructure, Transport and Tourism for conducting freight forwarding business using international shipping. Such registration shall be made, or such permission or approval shall be granted, on the basis of reciprocity:
(a) a natural person who does not have Japanese nationality;
(b) a foreign country, or a foreign public entity or its equivalent;
(c) a legal person or other entity constituted under the laws of any foreign country; and
(d) a legal person represented by the natural persons or entities referred to in subparagraph (a), (cb) or (c); a legal person of which one-third or more of the directors are composed of the natural persons or entities referred to in subparagraph (a), (cb) or (c); or a legal person of which one-third or more of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).
17
Sector: Transport
Obligations Concerned: National Treatment (Article 2)
Most-Favoured-Nation Treatment {Article 3)
Prohibition of Performance Requirements (Article 6)
Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2 through 4
Measures: Enforcement Regulation of Freight Forwarding Business Law (Ministerial Ordinance of the Ministry of Transport No. 20 of 1990)
Description:
1. The following natural persons or entities may not conduct freight forwarding business using air transportation between points within Japan:
(a) a natural person who does not have Japanese nationality;
(b) a foreign country, or a foreign public entity or its equivalent;
(c) a legal person or other entity constituted under the laws of any foreign country; and
(d) a legal person represented by the natural persons or entities referred to in subparagraph (a), (6) or (c); a legal person of which one-third or more of the directors are composed of the natural persons or entities referred to in subparagraph (a), (cb) or (c); or a legal person of which one-third or more of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).
2. The natural persons or entities referred to in paragraph 1 are required to be registered with, or to obtain permission or approval of, the Minister of Land, Infrastructure, Transport and Tourism for conducting freight forwarding business using international air transportation. Such registration shall be made, or such permission or approval shall be granted, on the basis of reciprocity.
18
Sector: Transport
Obligations Concerned: National Treatment (Article 2)
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description:
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in railway transport industry in Japan.
2. The manufacture of vehicles or parts and components for the railway transport industry is not included in railway transport industry. Therefore, the prior notification under the Foreign Exchange and Foreign Trade Law is not required for the investments in the manufacture of these products.
19
Sector: Transport
Obligations Concerned: National Treatment (Article 2)
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description:
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in omnibus industry in Japan.
2. The manufacture of vehicles or parts and components for omnibus industry is not included in omnibus industry. Therefore, the prior notification under the Foreign Exchange and Foreign Trade Law is not required for the investments in the manufacture of these products.
20
Sector: Transport
Obligations Concerned: National Treatment (Article 2)
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in the water transport industry in Japan. For greater certainty, "water transport industry" refers to oceangoing/ seagoing transport, coastwise transport (i.e. maritime transport between ports in Japan), inland water transport and ship leasing industry. However, oceangoing/ seagoing transport industry and ship leasing industry excluding coastwise ship leasing industry are exempted from the prior notification requirement.
21
Sector: Transport
Obligations Concerned: National Treatment (Article 2)
Most-Favoured-Nation Treatment {Article 3)
Measures: Ship Law (Law No. 46 of 1899), Article 3
Description: Unless otherwise specified in laws and regulations of Japan, or international agreements to which Japan is a party, ships not flying the Japanese flag are prohibited from entering ports in Japan which are not open to foreign commerce and from carrying cargoes or passengers between ports in Japan.
22
Sector: Water Supply and Waterworks
Obligations Concerned: National Treatment (Article 2)
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in water supply and waterworks industry in Japan.
Schedule of the Republic of Côte d’Ivoire
1
Sector: All
Obligations Concerned: Prohibition of Performance Requirements (Article 6)
Measures: Ordinance No. 2012-487 of June 7, 2012 relating to the Code of Investments, Article 26
Description: The investor shall recruit, as a matter of priority, Ivorian labour and help to increase the qualifications of its local staff, particularly, through continuing training and the development of local competences through advanced training courses.
2
Sector: Oil
Obligations Concerned: Prohibition of Performance Requirements (Article 6)
Measures: Law No. 96-669 of August 29, 1996 relating to the Petroleum Code, as amended by Ordinance No. 2012-369 of April 18, 2012, Articles 53 new and 55
Description:
1. (Article 53 new) The holder of a Petroleum Contract and its subcontractors shall employ, as a matter of priority, Ivorian nationals, qualified for the necessities of their operations.
To this end, from the beginning of the Petroleum Operations, the holder of the Petroleum Contract shall:
- establish a training program for its Ivorian staff of all qualifications, under the conditions laid down in the Petroleum Contract; and
- finance a training program for the Ivorian oil administration civil servants of all qualifications, under the conditions specified in the Petroleum Contract.
2. {Article 55) The holder of a Petroleum Contract shall, in the case of commercial hydrocarbon production, allocate, by giving priority to meeting the needs of the Ivorian domestic market, a share of the production accruing to it. The terms and conditions of this obligation are specified in the Petroleum Contract, including the transfer price.
3
Sector: Mines
Obligations Concerned: National Treatment (Article 2)
Measures: Law No. 2014-138 of March 24, 2014 relating to the Mining Code, Articles 7, 18, 53 and 65
Description:
1. (Article 7) The granting of an operating permit obliges its holder to create a company under Ivorian law whose exclusive object is the exploitation of the deposit for which the permit has been issued.
The operating permit is transferred to the company created under the conditions defined by decree.
The granting of operating permits by the State entitles the State to contribution shares fixed to 10 percent of the capital of the operating company in exchange for distributed wealth and subsoil depletion, throughout the life of the mine. No financial contribution may be required from the State in respect of such contribution shares even in the event of a capital increase. In all cases, the State's share shall remain at least equal to 10 percent of the capital of the operating company.
2. (Article 18) The research permit is granted by decree, subject to prior rights, to any Ivorian national or legal person under Ivorian law.
3. (Article 53) Authorisation for semi-industrial mining exploitation is granted by order of the Minister in charge of Mines, subject to prior rights, and after consultation with the competent administrative authorities and the urban communes or rural communities concerned, to:
- natural persons of Ivorian nationality;
- cooperative societies with majority Ivorian participation; or
- small and medium-sized enterprises under Ivorian law, the majority of capital of which is Ivorian.
The conditions for granting the semi-industrial mining exploitation authorisation are determined by decree.
4. (Article 65) Authorisation for artisanal mining exploitation shall be granted by order of the Minister in charge of Mines, subject to prior rights, and after consultation with the competent administrative authorities and the urban communes or rural communities concerned, to:
- natural persons of Ivorian nationality; or
- cooperative societies with majority Ivorian participation.
The conditions for granting the artisanal mining exploitation authorisation are determined by decree.
4
Sector: Rural Land
Obligations Concerned: National Treatment (Article 2)
Measures: Law No. 98-750 of December 23, 1998 relating to the Rural Land Domain, Article 1
Description: Rural land is made up of all the land developed or not and whatever the nature of the value. It constitutes a national heritage to which any natural or legal person has access. However, only the Ivorian State, public authorities and nationals are authorised to be owner of the Rural Land.
5
Sector: Air Transport
Obligations Concerned: National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Measures: Ordinance No. 2008-08 of January 23, 2008 relating to the Civil Aviation Code, Article 215
Description: The commercial transport of persons and goods between two points in the Republic of Côte d'Ivoire is reserved for Ivorian carriers subject to special and temporary derogations.
Annex II. Non-Conforming Measures referred to in paragraph 2 of Article 7
1. The Schedule of a Contracting Party sets out, pursuant to paragraph 2 of Article 7, the specific sectors or activities for which that Contracting Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 2 (National Treatment) ;
(b) Article 3 (Most-Favoured-Nation Treatment); or
(c) Article 6 (Prohibition of Performance Requirements).
2. Each Schedule entry sets out the following elements:
(a) "Sector" refers to the sector for which the entry is made;
(b) "Obligations Concerned" specifies the obligations referred to in paragraph 1 that, pursuant to paragraph 2 of Article 7, do not apply to the sectors or activities listed in the entry; and
(c) "Description" sets out the scope or nature of the sectors or activities covered by the entry.
3. In the interpretation of an entry, all elements of the entry shall be considered. The "Description" element shall prevail over all other elements.
Schedule of Japan
1
Sector: All
Obligations Concerned: National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Description: When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Japan reserves the right to:
(a) prohibit or impose limitations on the ownership of such interests or assets by investors of the Republic of Côte d'Ivoire or their investments;
(b) impose limitations on the ability of investors of the Republic of Côte d'Ivoire or their investments as owners of such interests or assets to control any resulting enterprise; or
(c) adopt or maintain any measure relating to the nationality of executives, managers or members of the board of directors of any resulting enterprise.