(b) the term "CPC" means the Provisional Central Product Classification (Statistical paper Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
Schedule of Japan
1. Sector: Automobile Maintenance Business
Sub-Sector: Motor Vehicle Disassembling Repair Business
Industry Classification: JSIC 86 Automobile maintenance services
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Road Vehicle Law (Law No. 185 of 1951), Chapter 6
Description: Cross-Border Trade in Services
A person who intends to conduct motor vehicle disassembling repair businesses is required to establish a workplace in Japan, and to obtain an approval of the Director-General of the District Transport Bureau having jurisdiction over the district where the workplace is located.
2. Sector: Business Services
Sub-Sector:
Industry Classification: JSIC 9051 Private employment services JSIC 9095 Worker dispatching services
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Employment Security Law (Law No. 141 of 1947), Chapter 3.Law Concerning Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (Law No. 88 of 1985), Chapter 2. Port Labor Law (Law No. 40 of 1988), Chapter 4. Mariner's Employment Security Law (Law No. 130 of 1948), Chapter 3. Law Concerning the Improvement of Employment of Construction Workers (Law No. 33 of 1976), Chapters 5 and 6
Description: Cross-Border Trade in Services
A person who intends to supply the following services for enterprises in Japan is required to have an establishment in Japan, and to obtain permission from, or to submit notification to, the competent authority, as applicable:
(a) private job placement services including fee-charging job placement services for construction workers; or
(b) worker dispatching services including stevedore dispatching services, mariner dispatching services and work opportunities securing services for construction workers.
3. Sector: Construction
Sub-Sector:
Industry Classification: JSIC 06 Construction work, general, including public and private construction work JSIC 07 Construction work by specialist contractor, except equipment installation work JSIC 08 Equipment installation work
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Construction Business Law (Law No. 100 of 1949), Chapter 2. Law Concerning Recycling of Construction Materials (Law No. 104 of 2000), Chapter 5
Description: Cross-Border Trade in Services
1. A person who intends to conduct construction business is required to establish a place of business in Japan, and to obtain permission from the Minister of Land, Infrastructure and Transport or from the prefectural governor having jurisdiction over the district where the place of business is located.
2. A person who intends to conduct demolition work business is required to establish a place of business in Japan, and to be registered with the prefectural governor having jurisdiction over the district where the place of business is located.
4. Sector: Credit Management and Collection Business
Sub-Sector:
Industry Classification: JSIC 6619 Miscellaneous financial auxiliaries
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Special Measures Law Concerning Credit Management and Collection Business (Law No. 126 of 1998), Articles 3 and 4
Description: Cross-Border Trade in Services
Only a company limited by shares ("kabushiki-gaisha") incorporated under Japanese law may conduct credit Management and collection business in Japan, provided that such company is permitted to do so by the Minister of Justice. Such company is required to establish a place of business in Japan.
5. Sector: Heat Supply
Sub-Sector:
Industry Classification: JSIC 3511 Heat supply
Type of Reservation: National Treatment (Article 73)
Level of Government : Central Government
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27. Cabinet Order of Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: Investment
The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in the heat supply industry in Japan.
6. Sector: Information and Communications Telecommunications
Sub-Sector:
Industry Classification: JSIC 3721 Regional telecommunications, except wired broadcast telephones JSIC 3741 Services incidental to telecommunications
Type of Reservation: National Treatment (Article 73) Senior Management and Boards of Directors (Article 78)
Level of Government : Central Government
Measures: Law Concerning Nippon Telegraph and Telephone Corporation (Law No. 85 of 1984), Articles 6 and 10
Description: Investment
1. Nippon Telegraph and Telephone Corporation may not enter the name and address in its register of shareholders if the aggregate of the ratio of the voting rights directly and/or indirectly held by the persons set forth in subparagraphs (a) through (c) reaches or exceeds one third:
(a) a natural person who does not have Japanese nationality;
(b) a foreign government or its representative; and
(c) a foreign legal person or a foreign entity.
2. Any natural person who does not have Japanese nationality may not assume the office of director or auditor of Nippon Telegraph and Telephone Corporation, Nippon Telegraph and Telephone East Corporation and Nippon Telegraph and Telephone West Corporation.
7. Sector: Information and Communications
Sub-Sector: Telecommunications and Internet Based Services
Industry Classification: JSIC 3721 Regional telecommunications, except wired broadcast telephones JSIC 3722 Long-distance telecommunications JSIC 3729 Miscellaneous fixed telecommunications JSIC 3731 Mobile telecommunications JSIC 4011 Internet based services
Note: The activities covered by the reservation under JSIC 3721, 3722, 3729, 3731 or 4011 are limited to the activities which are subject to the registration obligation under Article 9 of the Telecommunications Business Law (Law No. 86 of 1984).
Type of Reservation: National Treatment (Article 73)
Level of Government : Central Government
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: Investment
The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in telecommunications business and internet based services in Japan.
8. Sector: Manufacturing
Sub-Sector: Drugs and Medicines Manufacturing
Industry Classification: JSIC 1763 Biological preparations
Type of Reservation: National Treatment (Article 73)
Level of Government : Central Government
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: Investment
The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in biological preparations manufacturing industry in Japan. For greater certainty, "biological preparations manufacturing industry" deals with economic activities in establishment which mainly produces vaccine, serum, toxoid, antitoxin and some preparations similar to the aforementioned products, or blood products.
9. Sector: Manufacturing
Sub-Sector: Leather and Leather Products Manufacturing
Industry Classification: JSIC 1257 Fur apparel and apparel accessories JSIC 1259 Textile apparel and accessories, n.e.c. JSIC 1794 Gelatine and adhesives JSIC 202 Rubber and plastic footwear and its findings JSIC 21 Manufacture of leather tanning, leather products and fur skins JSIC 3234 Sporting and athletic goods
Note 1: The activities covered by the reservation under JSIC 1259 or 3234 are limited to the activities related to leather and leather products manufacturing.
Note 2: The activities covered by the reservation under JSIC 1794 are limited to the activities related to animal glue (nikawa) and gelatine manufacturing.
Type of Reservation: National Treatment (Article 73)
Level of Government : Central Government
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: Investment
The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in leather and leather products manufacturing industry in Japan.
10. Sector: Matters Related to the Nationality of a Ship
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 73) Senior Management and Boards of Directors (Article 78)
Level of Government : Central Government
Measures: Ship Law (Law No. 46 of 1899), Article 1
Description: Investment
The Japanese nationality shall be given to a ship whose owner is a Japanese national, or a company established under Japanese law, of which all the representatives and not less than two-thirds of the executives administering the affairs are Japanese nationals.
11. Sector: Measuring Services
Sub-Sector:
Industry Classification: JSIC 902 Commodity inspection service JSIC 903 Surveyor certification
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Measurement Law (Law No. 51 of 1992), Chapters 3, 5, 6 and 8.Regulations on Measurement Law (Ministerial Ordinance of the Ministry of International Trade and Industry No. 69 of 1993).Ministerial Ordinance for Designated Inspection Body, Designated Verification Body, Designated Measurement Certification Inspection Body, and Specified Measurement Certification Accreditation Body (Ministerial Ordinance of the Ministry of International Trade and Industry No. 72 of 1993)
Description: Cross-Border Trade in Services
1. A person who intends to supply services of conducting the periodic inspection of specified measuring instruments is required to establish a legal person in Japan, and to be designated by the prefectural governor having jurisdiction over the district where the person intends to conduct such inspection, or by the mayor of a designated city or the chief of a designated ward or village in case the place where the person intends to conduct such inspection is located within the district of such designated city, ward or village.
2. A person who intends to supply services of conducting the verification of specified measuring instruments is required to establish a legal person in Japan, and to be designated by the Minister of Economy, Trade and Industry.
3. A person who intends to conduct measurement certification business, including specified measurement certification business, is required to have an establishment in Japan, and to be registered with the prefectural governor having jurisdiction over the district where the establishment is located.
4. A person who intends to supply services of conducting the inspection of specified measuring instruments used for the measurement certification is required to establish a legal person in Japan, and to be designated by the prefectural governor having jurisdiction over the district where the person intends to conduct such inspection.
5. A person who intends to supply services of conducting the accreditation for a person engaged in specified measurement certification business is required to establish a legal person in Japan, and to be designated by the Minister of Economy, Trade and Industry.
6. A person who intends to supply services of conducting the calibration of measuring instruments is required to establish a legal person in Japan, and to be designated by the Minister of Economy, Trade and Industry.
12. Sector: Medical, Health Care and Welfare
Sub-Sector:
Industry Classification: JSIC 7599 Miscellaneous social insurance, social welfare and care services
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Law Concerning Collection of Labour Insurance Premium (Law No. 84 of 1969), Chapter 4. Enforcement Regulations for the Law Concerning Collection of Labour Insurance Premium (Ministerial Ordinance of the Ministry of Labour No. 8 of 1972)
Description: Cross-Border Trade in Services
Only an association of business proprietors or a federation of such associations approved by the Minister of Health, Labour and Welfare under the laws and regulations of Japan may conduct labor insurance businesses entrusted by business proprietors. An association which intends to conduct such labor insurance businesses under the laws and regulations of Japan is required to establish an office in Japan, and to obtain the approval of the Minister of Health, Labour and Welfare.
13. Sector: Mining
Sub-Sector:
Industry Classification: JSIC 05 Mining
Type of Reservation: National Treatment (Articles 73 and 107) Local Presence (Article 109)
Level of Government : Central Government
Measures: Mining Law (Law No. 289 of 1950), Chapters 2 and 3
Description: Investment and Cross-Border Trade in Services
Only a Japanese national or a Japanese legal person may have mining rights or mining lease rights.
14. Sector: Oil Industry
Sub-Sector:
Industry Classification: JSIC 053 Crude petroleum and natural gas production JSTC 181 Petroleum refining JSIC 182 Lubricating oils and greases (not made in petroleum refineries) JSIC 1841 Paving materials JSIC 1899 Miscellaneous petroleum and coal products JSIC 4711 Warehousing JSIC 4721 Refrigerated warehousing JSIC 5231 Petroleum (wholesale trade) JSIC 6031 Petrol stations (gasoline service stations) JSIC 6032 Fuel stores, except gasoline service stations JSIC 9099 Miscellaneous business services, n.e.c.
Note 1: The activities covered by the reservation under JSIC 1841, 1899, 4711, 4721 or 6032 are limited to the activities related to oil industry.
Note 2: The activities covered by the reservation under JSIC 9099 are limited to the activities related to liquefied petroleum gas industry.
Type of Reservation: National Treatment (Article 73)
Level of Government : Central Government
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: Investment
The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in oil industry in Japan. All organic chemicals such as ethylene, ethylene glycol and polycarbonates are outside the scope of the oil 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.
15. Sector: Agriculture, Forestry and Fisheries, and Related Services (except fisheries within the territorial sea, internal waters, exclusive economic zone and continental shelf provided for in the reservation No. 8 in Schedule of Japan in Annex 7)
Sub-Sector:
Industry Classification: JSIC 01 Agriculture JSIC 02 Forestry JSIC 03 Fisheries JSIC 04 Aquaculture JSIC 6224 Agricultural cooperatives JSIC 6225 Fishery and fishery processing cooperatives JSIC 791 Agriculture, forestry and fisheries cooperative associations, n.e.c.
Type of Reservation: National Treatment (Article 73)
Level of Government : Central Government
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