(a) Article 2 (National Treatment);
(b) Article 3 (Most-Favoured-Nation Treatment); or
(c) Article 6 (Prohibition of Performance Requirements).
Note: For greater certainty, entries in the Schedule of Japan may include measures taken by Japan in accordance with Article 16.
2. Each Schedule entry sets out the following elements:
(a) "Sector" refers to the sector for which the entry is made;
(b) "Sub-Sector", where referenced, refers to the specific sub-sector for which the entry is made;
(c) "Industry Classification", where referenced, and only for transparency purposes, refers to the activity covered by the non-conforming measure, according to domestic or international industry classification codes;
(d) "Obligations Concerned" specifies the obligations referred to in paragraph 1 that, pursuant to paragraph 2 of Article 7, do not apply to the sectors, sub-sectors or activities listed in the entry;
(e) "Description" sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry; and
(f) "Existing Measures", where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-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.
4. For the purposes of this Annex:
(a) the term "JSIC" means Japan Standard Industrial Classification set out by the Ministry of Internal Affairs and Communications of Japan, and revised on October 30, 2013;
(b) the term "CAE-Rev.2" means the Economic Activities Classification of the Republic of Angola set out by the National Council of Statistics of the Republic of Angola on July 14, 2014; and
(c) the term "CPC"cmeans the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
Annex II. Schedule of Japan
1. Sector: All
Sub-Sector:
Industry Classification:
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 Angola or their investments;
(b) impose limitations on the ability of investors of the Republic of Angola 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.
Existing Measures:
2. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3) Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in telegraph services, betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes, minting and sale of coinage and postal service in Japan.
Existing Measures:
3. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 3)
Description:
Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Existing Measures:
4. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)
Description:
National Treatment and Most-Favoured-Nation Treatment may not be accorded to investors of the Republic of Angola and their investments with respect to subsidies.
Existing Measures:
5. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3) Prohibition of Performance Requirements (Article 6)
Description:
Existing Measures:
1. Japan reserves the right to adopt or maintain any measure relating to investment in industries other than those recognised or other than those that should have been recognised by the Government of Japan owing to the circumstances on the date of entry into force of this Agreement.
2. Any industries classified positively and explicitly in JSIC or CPC, on the date of entry into force of this Agreement should have been recognised by the Government of Japan on that date.
3. Japan reserves the right to adopt or maintain any measure relating to investment in industries which were not technically feasible on the date of entry into force of this Agreement.
6. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)
Description:
The prior notification requirement and screening procedures under the Foreign Exchange and Foreign Trade Law apply to foreign investors who intend to make investments in Japan when:
(a) an investment which a foreign investor intends to make may undermine the national security, disturb the maintenance of public order, or hinder the protection of public safety; or
(b) a foreign investor intends to make an investment in an industry included in Japan?s reservations to the OECD Code of Liberalisation of Capital Movements lodged in accordance with paragraph (b) of Article 2 of the Code.
Note: For the purposes of this entry, the term "the OECD Code of Liberalisation of Capital Movements" means the Code of Liberalisation of Capital Movements adopted by the Council of the Organisation for Economic Co-operation and Development on 12 December 1961, as revised or amended.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 28
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 4
7. Sector: Aerospace Industry
Sub-Sector: Space Industry
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in space industry.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 30
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 5
8. Sector: Arms and Explosives Industry
Sub-Sector: Arms Industry. Explosives Manufacturing Industry
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in arms industry and explosives manufacturing industry.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 30
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 5
9. Sector: Education and Learning Support
Sub-Sector: Primary and Secondary Educational Services
Industry Classification: JSIC 811 Kindergartens
JSIC 812 Elementary schools
JSIC 813 Lower secondary schools
JSIC 814 Upper secondary schools, secondary schools
JSIC 815 Schools for special needs education
JSIC 819 Integrated centres for early childhood education and care
Obligations Concerned: National Treatment (Article 2)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in primary and secondary educational services.
Existing Measures: Fundamental Law of Education (Law No. 120 of 2006), Article 6
School Education Law (Law No. 26 of 1947), Article 2
Private School Law (Law No. 270 of 1949), Article 3
Law concerning Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children (Law No. 77 of 2006)
10. Sector: Energy
Sub-Sector: Electricity Utility Industry. Gas Utility Industry. Nuclear Energy Industry
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in the energy industry listed in the "Sub-Sector" element.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 30
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 5
11. Sector: Fisheries
Sub-Sector: Fisheries within the Territorial Sea, Internal Waters, Exclusive Economic Zone and Continental Shelf
Industry Classification: JSIC 031 Marine fisheries
JSIC 032 Inland water fisheries
JSIC 041 Marine aquaculture
JSIC 042 Inland water aquaculture
JSIC 8093 Recreational fishing guide business
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3) Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in fisheries in the territorial sea, internal waters, exclusive economic zone and continental shelf of Japan.
For the purposes of this entry, the term "fisheries" means the work of taking and cultivation of aquatic resources, including the following fisheries related activities:
(a) investigation of aquatic resources without taking such resources;
(b) luring of aquatic resources;
(c) preservation and processing of fish catches;
(d) transportation of fish catches and fish products; and
(e) provision of supplies to other vessels used for fisheries.
Existing Measures: Law for Regulation of Fishing Operation by Foreign Nationals (Law No. 60 of 1967), Articles 3, 4 and 6
Law concerning the Exercise of Sovereign Rights concerning Fisheries in the Exclusive Economic Zones (Law No. 76 of 1996), Articles 4, 5, 7 through 12 and 14
12. Sector: Information and Communications
Sub-Sector: Broadcasting Industry
Industry Classification: JSIC 380 Establishments engaged in administrative or ancillary economic activities
JSIC 381 Public broadcasting, except cablecasting
JSIC 382 Private-sector broadcasting, except cablecasting
JSIC 383 Cablecasting
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in broadcasting industry.
Existing Measures: Radio Law (Law No. 131 of 1950), Chapter 2
Broadcast Law (Law No. 132 of 1950), Chapters 5 and 8