(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), (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), (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).
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), (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).
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.
Sector: Transport
Sub-Sector: Railway Transport
Industry Classification: JSIC 421 Railway transport JSIC 4851 Railway facilities services
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.
Sector: Transport
Sub-Sector: Road Passenger Transport
Industry Classification: JSIC 4311 Common omnibus operators
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 the omnibus industry in Japan.
2. The manufacture of vehicles or parts and components for the omnibus industry is not included in the 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.
Sector: Transport
Sub-Sector: Water Transport
Industry Classification: JSIC 452 Coastwise transport JSIC 453 Inland water transport JSIC 4542 Coastwise ship leasing
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, âwater transport industryâ refers to oceangoing or seagoing transport, coastwise transport (i.e. maritime transport between ports in Japan), inland water transport and ship leasing industry. However, oceangoing or seagoing transport industry and ship leasing industry excluding coastwise ship leasing industry are exempted from the prior notification requirement under the Foreign Exchange and Foreign Trade Law.
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.
Sector: Water Supply and Waterworks
Sub-Sector:
Industry Classification: JSIC 3611 Water for end users, except industrial users
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.
Sector: Aerospace Industry
Sub-Sector: Aircraft Manufacturing and Repairing Industry
Industry Classification: JSIC 16 Manufacture of chemical and allied products JSIC 18 Manufacture of plastics products, except otherwise classified JSIC 19 Manufacture of rubber products JSIC 21 Manufacture of ceramic, stone and clay products JSIC 23 Manufacture of non- ferrous metals and products JSIC 24 Manufacture of fabricated metal products JSIC 25 Manufacture of general purpose machinery JSIC 27 Manufacture of business oriented machinery JSIC 28 Electronic parts, devices and electronic circuits JSIC 29 Manufacture of electrical machinery, equipment and supplies JSIC 30 Manufacture of information and communication electronics equipment JSIC 31 Manufacture of transportation equipment JSIC 39 Information services JSIC 90 Machine, etc. repair services, except otherwise classified
Note: The activities covered by this entry under JSIC 16, 18, 19, 21, 23, 24, 25, 27, 28, 29, 30, 31, 39 or 90 are limited to those related to aerospace industry.
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27, 28 and 30. Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 through 5. Aircraft Manufacturing Industry Law {Law No. 237 of 1952), Articles 2 through 5
Description:
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in aircraft industry in Japan.
2. A technology introduction contract between a resident anda non-resident related to the aircraft industry is subject to the prior notification requirement under the Foreign Exchange and Foreign Trade Law.
3. The number of licences conferred to manufactures and service suppliers in those sectors may be limited.
4, An enterprise which intends to produce aircraft and supply repair services is required to establish a factory related to manufacture or repair aircraft under the laws and regulations of Japan.
Schedule of Georgia
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
Measures: Constitution of Georgia (amended on October 13, 2017), Article 19, paragraph 4. Organic Law of Georgia on "Agricultural Land Ownership" (June 25, 2019). Law of Georgia on "State Property" (July 21, 2010). Law of Georgia on "Determination of the Designated Purpose of Land and on Sustainable Management of Agricultural Land" (June 25, 2019)
Description: Agricultural land shall only be owned by the State, self-governing entity, citizen of Georgia or union of Georgian citizens, as well as by an alien or a legal entity established in Georgia under its private law in accordance with the requirements prescribed by the domestic legislation.
Only a citizen of Georgia, ora legal entity registered in Georgia pursuant to its private laws, has the right to acquire ownership over the state-owned agricultural land plot.
Sector: Fishing
Sub-Sector:
Industry Classification: Classification of Economic Activity GNC 006-2016/Rev.2 A 03.1 - Fishing
Obligations Concerned: National Treatment (Article 2)
Measures: Resolution No. 138 of the Government of Georgia on "Approval of Regulations on Rules and Conditions on Issuance of Fishing Licence" (August 11, 2005), Article 4.
Description: Fishing licence can only be granted to a natural or a legal person who is a resident of Georgia.
Sector: Agriculture
Sub-Sector: Agricultural Cooperation
Industry Classification:
Obligations Concerned: National Treatment (Article 2)
Measures: Law of Georgia on "Agricultural Cooperatives" (July 12, 2013)
Description: A member of an agricultural cooperative may be an 18-year-old or older citizen of Georgia and/or other agricultural cooperative, that directly participates in agricultural activities carried out by the cooperative and owns membership shares.
An 18-year-old or older citizen of Georgia or foreign countries and/or a legal entity registered in Georgia or abroad, that has contributed membership fee, in accordance with the law of Georgia on "Agricultural Cooperatives" and a decision of the cooperative members' assembly, has a right to be an associated member of the agricultural cooperative.
The associated member may participate in an assembly only with the right of deliberative vote.
The associated member has the right to receive dividends from the contributed membership fee and can be elected as the member of the supervisory board or executive council.
The associated member may not be directly involved in agricultural activities carried out by the agricultural cooperative.
Sector: Financial Services - Insurance
Sub-Sector: All insurance and insurance-related services
Industry Classification: Classification of Economic Activity GNC 006-2016/Rev.2 K 65 - Insurance, reinsurance and pension funding, except compulsory social security
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)
Measures: Law of Georgia on "Insurance" (May 2, 1997), Articles 2, 7 and 22
Description: The below-listed entities have the right to carry out only insurance activities such as life insurance, insurance (non-life) and/or reinsurance in Georgia:
(a) A legal person registered in Georgia as joint stock company, established for the implementation of insurance activities and licensed by Legal Entity of Public Law Insurance State Supervision Service of Georgia;
(b) A branch (representative office) founded in Georgia, by insurance and reinsurance companies registered and licensed in member states of the Organisation for Economic Cooperation and Development (OECD). Such branch can conduct all the above- mentioned types of insurance activities in Georgia on the basis of the licence of its founder insurance company without being obliged to obtain another licence in Georgia. Thus, a licence held by a founder insurance company shall have the same legal status as a licence issued on the basis of the legislation of Georgia and no one shall have the right to request the branch (representative office) to obtain an appropriate licence.
Sector: Financial Services - Insurance
Sub-Sector: Services auxiliary to insurance (including insurance brokering and insurance agency services)
Industry Classification: Classification of Economic Activity GNC 006-2016/Rev.2 K 66.1 - Activities auxiliary to financial services and insurance activities K 66.2 - Activities auxiliary to insurance and pension funding
Obligations Concerned: National Treatment (Article 2)
Measures: Law of Georgia on "Insurance" (May 2, 1997), Article 7
Description: A legal person registered ina foreign country shall carry out insurance brokerage activity in Georgia through a branch {representative office) duly registered in Georgia.
Sector: Broadcasting
Sub-Sector: Over-the-air broadcasting
Industry Classification: Classification of Economic Activity GNC 006-2016/Rev.2 J 60 - Programming and broadcasting activities
Obligations Concerned: National Treatment (Article 2)
Measures: Law of Georgia on "Broadcasting" (December 23, 2004), Articles 37 and 43
Description: A licence holder and/or authorised person to conduct the types of broadcasting which are described below shall be a citizen of Georgia or a natural or a legal person who is a resident of Georgia.
(a) Radio broadcasting:
A licence is required for radio broadcasting only when it is carried out by means of broadcast transmitters using the radio frequency spectrum.
(b) TV broadcasting:
TV broadcaster, except Public Broadcaster, shall be subject to authorisation. Building a TV multiplex platform requires a licence.
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:
(a) Article 2;
(b) Article 3; or
(c) Article 6.
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; and
(b) the term “CPC” means 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 Georgia or their investments;
(b) impose limitations on the ability of investors of Georgia 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:
Sector: All
Sub-Sector:
Industry Classification: