2 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: All Sectors National Treatment (Article 2) Prohibition of Performance Requirements (Article 6) In the event where the supply of telegraph services, postal services and betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes, minting and sale of coinage in Japan, which are restricted to designated enterprises or governmental entities, are liberalised to those other than the designated enterprises or governmental entities, or in the event where such designated enterprises or governmental entities no longer operate on a noncommercial basis, Japan reserves the right to adopt or maintain any measure relating to those activities.
3 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: All Sectors National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3) National Treatment and Most- Favoured-Nation Treatment may not be accorded to investors of the State of Kuwait and their investments with respect to subsidies.
4 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: Aerospace Industry Aircraft Industry Space Industry National Treatment (Article 2) Prohibition of Performance Requirements (Article 6) Japan reserves the right to adopt or maintain any measure relating to investment in aircraft industry and space industry. Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 30 Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 5
5 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: Arms and Explosives Industry Arms Industry Explosives Manufacturing Industry National Treatment (Article 2) Prohibition of Performance Requirements (Article 6) Japan reserves the right to adopt or maintain any measure relating to investment in arms industry and explosives manufacturing industry. Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 30 Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 5
6 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: Energy Electricity Utility Industry Gas Utility Industry Nuclear Energy Industry National Treatment(Article 2) Prohibition of Performance Requirements (Article 6) Japan reserves the right to adopt or maintain any measure relating to investment in the energy industry listed in the “Sub-Sector” element. Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 30 Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 5
7 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Fisheries Fisheries within the Territorial Sea, Internal Waters, Exclusive Economic Zone and Continental Shelf JSIC 031 Marine fisheries JSIC 032 Inland water fisheries JSIC 041 Marine aquaculture JSIC 042 Inland water aquaculture JSIC 8093 Recreational fishing guide business National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3) Prohibition of Performance Requirements(Article 6) 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 reservation, 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 - 64 - Existing Measures: (e) provision of supplies to other vessels used for fisheries. 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, 8, 9, 10, 11, 12 and 14
8 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: Information and Communications Broadcasting Industry 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 National Treatment (Article 2) Prohibition of Performance Requirements (Article 6) Japan reserves the right to adopt or maintain any measure relating to investment in broadcasting industry. 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), Article 5 Broadcast Law (Law No. 132 of 1950), Articles 93, 116, 125, 159 and 161
9 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: Land Transaction National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3) With respect to the acquisition or lease of land properties in Japan, prohibitions or restrictions may be imposed by Cabinet Order on foreign nationals or legal persons, where Japanese nationals or legal persons are placed under identical or similar prohibitions or restrictions in the foreign country. Alien Land Law (Law No. 42 of 1925), Article 1
10 Sector: Sub-Sector: Industry Classification: Type of Reservation: Description: Existing Measures: Public Law Enforcement and Correctional Services and Social Services National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3) Prohibition of Performance Requirements (Article 6) 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, primary and secondary education, public training, health and child care.
Schedule of the State of Kuwait
1 Sector: Oil and Gas Industry Crude Oil and Natural Gas Production
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 2)
Description: Permission of exploration and exploitation of crude oil and natural gas is not granted to foreign investor.
Existing Measures: Law No. 8 of 2001 (Regulating Direct Foreign Capital Investment), Article 3 Council of Ministers Resolution No. 1006/1 of 2003
2 Sector: Manufacturing Oil Refining
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 2)
Description: Permission of oil refining is not granted to foreign investor.
Existing Measures: Law No. 8 of 2001 (Regulating Direct Foreign Capital Investment), Article 3 Council of Ministers Resolution No. 1006/1 of 2003
3 Sector: Information Production and Distribution Newspaper Publishers and Other Publishers
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 2)
Description: Foreign investor may not issue and distribute newspapers and magazines, and may not conduct publishing business in the State of Kuwait. Foreign investor may not make investments in any Kuwaiti company which issues and distributes newspapers and magazines, and conducts publishing business.
Existing Measures: Law No. 8 of 2001 (Regulating Direct Foreign Capital Investment), Article 3 Council of Ministers Resolution No. 1006/1 of 2003
4 Sector: Acquisition and Possession of Land
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 2)
Description: Foreign nationals or legal persons may not acquire or possess land properties in the State of Kuwait.
Existing Measures: Law No. 8 of 2001 (Regulating Direct Foreign Capital Investment), Article 3 Council of Ministers Resolution No. 1006/1 of 2003
5 Sector: Real Estate Real Estate Agencies
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 2)
Description: Foreign investor may not hold the majority of share of any Kuwaiti company which transacts real estate.
Existing Measures: Law No. 8 of 2001 (Regulating Direct Foreign Capital Investment), Article 3 Council of Ministers Resolution No. 1006/1 of 2003