Georgia - Japan BIT (2021)
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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:

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:

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 Georgia and their investments with respect to subsidies.

Existing Measures:

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), Articles 27, 28 and 30

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 through 5

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), Articles 27, 28 and 30

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 through 5

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), Articles 27, 28 and 30

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 through 5

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: 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

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

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: 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

Radio Law (Law No. 131 of 1950), Chapter 2

Broadcast Law (Law No. 132 of 1950), Chapters 5 and 8

Sector: Land Transaction

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment {Article 3)

Description: With respect to the acquisition or lease of land properties in Japan, prohibitions or restrictions may be imposed.

Existing Measures: Alien Land Law (Law No. 42 of 1925), Article 1

Sector: Public Law Enforcement and Correctional Services and Social Services

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 public law enforcement and correctional services, and in social services such as income security or insurance, social security or insurance, social welfare, public training, health, child care and public housing.

Existing Measures:

Sector: Transport

Sub-Sector: Air Transport

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 with respect to investment in airports or airport operation services.

For the purposes of this entry, the term "airport operation services" means the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services.

Existing Measures:

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)

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.

Annex II. Schedule of Georgia

Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment {Article 3)

Description: Georgia reserves the right to adopt or maintain any measure, which may not accord to investors of Japan and their investments National Treatment or Most Favoured-Nation Treatment with respect to subsidies or grants, including governmental-supported loans, guarantees and insurance, provided that it is not inconsistent with Georgia’s obligations under the WTO Agreement.

Existing Measures:

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: Georgia reserves the right to adopt or maintain any measure indicated in its Horizontal Commitments of the Schedule of Specific Commitments in Service under the WTO Agreement (GATS/SC/129,2000 (I Horizontal Commitments)).

Existing Measures: Schedule of Specific Commitments in Service under the WTO Agreement (GATS/SC/129,2000 (I Horizontal Commitments) }

Sector: Public law enforcement and correctional services and social services

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment {Article 3) Prohibition of Performance Requirements (Article 6)

Description: Georgia reserves the right to adopt or maintain any measure relating to investment in public law enforcement and correctional services, medical service and mother and child healthcare, provided that it is not inconsistent with Georgia's obligations under the WTO Agreement.

Existing Measures:

Sector: Construction and Related Engineering Activities

Sub-Sector:

Industry Classification:

Obligations Concerned: Prohibition of Performance Requirements (Article 6)

Description: Georgia reserves the right to adopt or maintain any measure relating to investment in construction and related engineering activities that not less than 50 percent of the entire staff must be citizens of Georgia.

Existing Measures:

Sector: Tourism

Sub-Sector: Tourist Guides

Industry Classification:

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment {Article 3) Prohibition of Performance Requirements (Article 6)

Description: Georgia reserves the right to adopt or maintain any measure relating to qualification requirements and procedures, technical standards and licensing requirements and procedures for tourist guides and guide services.

Existing Measures:

Sector: Power and Energy

Sub-Sector: Electricity, Gas and Oil

  • Chapter   I INVESTMENT 1
  • Article   1 Definitions 1
  • Article   2 National Treatment 1
  • Article   3 Most-Favoured-Nation Treatment 1
  • Article   4 General Treatment 1
  • Article   5 Access to the Courts of Justice 1
  • Article   6 Prohibition of Performance Requirements 1
  • Article   7 Non-Conforming Measures 1
  • Article   8 Transparency 1
  • Article   9 Measures against Corruption 1
  • Article   10 Entry, Sojourn and Residence of Investors 1
  • Article   11 Expropriation and Compensation 1
  • Article   12 Protection from Strife 1
  • Article   13 Subrogation 1
  • Article   14 Transfers 1
  • Article   15 General and Security Exceptions 1
  • Article   16 Temporary Safeguard Measures 2
  • Article   17 Prudential Measures 2
  • Article   18 Intellectual Property Rights 2
  • Article   19 Taxation Measures 2
  • Article   20 Health, Safety and Environmental Measures and Labour Standards 2
  • Article   21 Denial of Benefits 2
  • Chapter   II DISPUTE SETTLEMENT 2
  • Article   22 Settlement of Dispute between the Contracting Parties 2
  • Article   23 Settlement of Investment Disputes between a Contracting Party and an Investor of the other Contracting Party 2
  • Article   24 Service of Documents 2
  • Chapter   III JOINT COMMITTEE 2
  • Article   25 Joint Committee 2
  • Chapter   IV FINAL PROVISIONS 2
  • Article   26 Headings 2
  • Article   27 Amendments 2
  • Article   28 Final Provisions 2
  • Annex I  Existing Non-Conforming Measures referred to in subparagraph 1(a) of Article 7 2
  • Schedule of Japan  (1) 2
  • Schedule of Georgia 4
  • Annex II  Non-Conforming Measures referred to in paragraph 2 of Article 7 4
  • Annex II  Schedule of Japan  (1) 4
  • Annex II  Schedule of Georgia 5