10. Sector: Transport
Sub-Sector: Freight Forwarding Business (excluding freight forwarding business using air transportation)
Industry Classification: JSIC 4441 Collect-and-deliver freight transport
JSIC 4821 Freight transport, except collect-and-deliver freight transport
Obligations Concerned: 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 and regulations 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), (b) 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).
11. Sector: Transport
Sub-Sector: Freight Forwarding Business (only freight forwarding business using air transportation)
Industry Classification: JSIC 4441 Collect-and-deliver freight transport
JSIC 4821 Freight transport, except collect-and-deliver freight transport
Obligations Concerned: 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:
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 and regulations 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), (b) 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.
12. Sector: Transport
Sub-Sector: Water Transport
Industry Classification:
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 the laws and regulations of Japan, or international agreements to which Japan is a party, ships not flying the Japanese flag are prohibited from entering the ports in Japan which are not open to foreign commerce and from carrying cargoes or passengers between ports in Japan.
Annex I. Schedule of the Republic of Angola
1. Sector: Financial Services
Sub-Sector: Banking
Industry Classification: CAE-Rev.2 K64191 Banking Services
Obligations Concerned: National Treatment (Article 2)
Measures: Law of the General Regime of Financial Institutions (Law No. 14/21 of May 19, 2021), Article 86
Description:
Foreign financial institutions are responsible for the obligations in the jurisdiction of the Republic of Angola, undertaken by their branches in the Republic of Angola.
2. Sector: Financial Services
Sub-Sector: Pension Fund Management Services
Industry Classification: CAE-Rev.2 K65300 Pension Fund Management Services
Obligations Concerned: National Treatment (Article 2)
Measures: Regulation on Pension Funds (Decree No. 25/98 of August 7, 1998), Articles 6 and 7
Description:
Only Angolan legal persons which locate their headquarters in the Republic of Angola are allowed to manage pension funds.
3. Sector: Financial Services
Sub-Sector: Insurance Services
Industry Classification: CAE-Rev.2 K65110 Life Insurance Services
CAE-Rev.2 K65120 Non-Life Insurance Services
Obligations Concerned: National Treatment (Article 2)
Measures:
Insurance and Reinsurance Activity Law (Law No. 18/22 of July 7, 2022), paragraph 1 of Articles 22, sub-paragraph 2(d) of Article 28, Articles 39, 41, 42, 103 and 137
Description:
1. The insurance or reinsurance activity in the Republic of Angola may only be exercised by:
(a) stock companies with headquarters in the Republic of Angola; and
(b) branches of insurance and reinsurance companies with headquarters located outside the territory of the Republic of Angola, authorised in accordance with the Insurance and Reinsurance Activity Law.
2. Foreign insurance and reinsurance companies are allowed to establish branch offices in the Republic of Angola after 5 years of operations abroad, and shall allocate funds for their branch office operations no less than the amount required for Angolan companies to operate.
3. Branch offices of the foreign insurance and reinsurance companies are obliged to guarantee assets representing the technical provisions calculated in accordance with Insurance and Reinsurance Activity Law.
4. Sector: Mining
Sub-Sector:
Industry Classification: CAE-Rev.2 B0810 Extraction of stone, sand and clay
CAE-Rev.2 M71102 Engineering activities and related techniques (for mineral exploration)
Obligations Concerned: National Treatment (Article 2)
Measures:
Mining Code (Law No. 31/11 of September 23, 2011), Articles 177, 285, 332 and 347
Description:
1. Mining rights for artisanal mining including artisanal mining of diamond may only be granted to Angolan nationals.
2. Mining rights for the exploration or exploitation of minerals for construction and civil engineering and the exploration of medicinal mineral waters may only be granted to Angolan nationals or Angolan legal persons of which at least two-thirds of the capital is owned by Angolan nationals.
5. Sector: Oil and Gas Sector
Sub-Sector:
Industry Classification:
Obligations Concerned: Prohibition of Performance Requirements (Article 6)
Measures: Regulation on Local Content (Presidential Decree No 271/20, October 20, 2020) Articles 2, 8, 9, 10 and 11
Description:
1. Companies which are the associates of the National Concessionaire, entities holding a risk service contract, entities that collaborate with them in the execution of petroleum operations, and commercial companies registered in the Republic of Angola, which provide services and supply goods to the oil and gas sector, must hire Angolan nationals.
2. The companies and entities mentioned in paragraph 1 shall attract investments in research, development, technology transfer, training of the Angolan workforce and continuous training in the areas of innovation technology for the Angolan staff and their effective use.
3. Companies which are the associates of the National Concessionaire, entities holding a risk service contract, as well as entities that collaborate with them in the execution of petroleum operations shall contract Angolan companies to acquire goods and services included in the list approved by the National Concessionaire.
4. Commercial companies in the oil and gas sector shall purchase materials, equipment, machinery, consumer goods and services produced in the Republic of Angola, if the goods and services are of the same quality compared to imported goods and services.
6. Sector: Real Estate
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2)
Measures:
Constitution of the Republic of Angola, Article 98
Law of Lands (Law No. 9/04, November 9, 2004), Article 35
Description:
1. The acquisition and transfer of ownership of private land may only be allowed to Angolan nationals under the laws and regulations of the Republic of Angola.
2. The ownership of urban land may only be transferred to Angolan nationals.
7. Sector: Fisheries
Sub-Sector:
Industry Classification: CAE-Rev.2 A03111 Marine fisheries
CAE-Rev.2 A0312 Inland water fisheries
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)
Measures: Law on Aquatic Biological Resources (Law No. 6-A/04, October 8, 2004), Articles 31 and 32
Description:
1. Foreign nationals and legal persons are not allowed to operate traditional fisheries in the Republic of Angola.
2. Fishery rights in the territorial sea of the Republic of Angola may only be granted to Angolan nationals and legal persons, as well as nationals and legal persons of the Member States of the South African Development Community on the basis of reciprocity.
3. Fishery rights in internal waters and international rivers which the Republic of Angola exercises its jurisdiction in accordance with international law may only be granted to Angolan nationals and legal persons.
4. Fishery rights in the exclusive economic zone of the Republic of Angola may be granted to foreign nationals or legal persons in association with Angolan nationals or legal persons.
8. Sector: Port Transport Services
Sub-Sector:
Industry Classification: CAE-Rev.2 H5222 Auxiliary activities of water transport
CAE-Rev.2 H5229 Activities of freight forwarding, and customs and other transport support activities
Obligations Concerned: National Treatment (Article 2)
Measures: Law on the Merchant Vessels, Ports and Related Activities (Law No. 27/12, August 28, 2012, Revised by the Law No. 34/22, 13 September 2022), Articles 116 and 117
Description:
Activities related to a port and port logistics, including other auxiliary and complementary activities to these activities to be carried out in port areas, such as:
(a) loading and unloading of cargoes;
(b) transshipment, handling and storage of cargoes;
(c) pilotage;
(d) towing;
(e) anchorage;
(f) waste collecting;
(g) development of infrastructure for sports and leisure boats;
(h) development of fishing ports;
(i) development of terminals to support the petroleum activity;
(j) development of dry ports;
(k) passenger transport; and
(l) water supply to vessels
may be carried out preferably by Angolan nationals or Angolan legal persons, without prejudice to the provisions of the applicable legislation.
9. Sector: Air Transport Services
Sub-Sector:
Industry Classification: CAE-Rev.2 H5110 Air passenger transport
CAE-Rev.2 H5120 Air freight transport
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
Measures: Regulation on Access and Exercise of Air Transport Activity (Presidential Decree No. 217/16, October 31, 2016, revised by Presidential Decree 364/19, December 30, 2019), Articles 11, 13 and 28
Description:
1. Scheduled or non-scheduled domestic air transport services may only be carried out by Angolan legal persons which hold Air Operator Certificate (AOC).
2. The Angolan legal persons which carry out domestic air transport services in the Republic of Angola shall locate their headquarters in the Republic of Angola.
3. Only Angolan nationals or Angolan legal persons may hold the license of navigating staff and AOC. In exceptional cases of absence of qualified Angolan crew members, admission of foreign crew members is allowed in accordance with labor legislation in force in the Republic of Angola.
4. The proportion of Angolan nationals in the technical staff and the maintenance and operations staff of the Angolan legal persons holding AOC shall be;
(a) A minimum of 65 percent during the first year of operation; and
(b) A minimum of 90 percent from the second year of operation.
5. Whenever circumstances warrant, the Aeronautical Authority can set a percentage different from those referred to in the previous paragraph, for a single period never exceeding one year.
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, sub-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: