Sub-Sector: Insurance Intermediation
Industry Classification:
Provisions Concerned: Article 3
Level of Authority: Central
Measures:
1. Article 40, 43 and 45 of the Regulations Governing Insurance Agents of February 25, 2011
2. Article 41, 44 and 46 of the Regulations Governing Insurance Brokers of February 25, 2011
3. Article 38, 41 and 43 of the Regulations Governing Insurance Surveyors of February 25, 2011
Description:
1. Where necessary, the competent authorities may approve the establishment of branch offices within Taiwan by a foreign insurance agent, broker and surveyor company to operate the same kind of business operated in its home country.
2. The minimum working capital of a branch office established by a foreign insurance agent, broker and surveyor company within Taiwan shall be NT$3 million and a bond shall be posted at 15 percent of the working capital, provided, the amount posted may not be less than NT$600,000.
3. A foreign insurance agent, broker and surveyor company establishing a branch office to operate business within Taiwan shall employ at least one person holding an agent's practice license of the same type to practice the business.
4. A marine insurance surveyor may employ at least one person who holds a foreign practice license of the same type or a certification document that is recognized by the competent authority to practice the business.
Annex II. Schedule of the association of east asian relations reservations for measures referred to in paragraph 2 of article 8
4. This Schedule sets out with respect to the Association of East Asian Relations, pursuant to paragraph 2 of Article 8, the reservations made by the Association of East Asian Relations with respect to specific sectors, sub-sectors, or activities for which the existing measures may be maintained, or new or more restrictive measures may be adopted that do not conform with the following provisions of this Arrangement:
(d) Article 3;
(e) Article 4; or
(f) Article 7.
5. Each Schedule entry sets out the following elements: (a) "Sector" refers to the general sector for which the entry is made;
(b) "Sub-Sector" refers to the specific sector for which the entry is made;
(c) "Industry classification" refers, where applicable, and only for transparency purposes, to the activities covered by the entry according to the relevant industry classification codes;
(d) "Provisions Concerned" specifies the provisions referred to in paragraph 1 for which the entry is made;
(e) "Description" illustrates the scope of the sector, sub-sector, or activities covered by the entry; and
(f) "Existing Measures" identifies, for transparency purposes, existing measures that apply to the sector, sub-sector, or activities covered by the entry.
6. In the interpretation of each entry, all elements of the entry shall be considered. The "Description" element shall prevail over all the other elements.
1.
Sector: Social Services
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: The authorities of Taiwan may adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: social welfare (including but not limited to social relief and assistance, welfare services, employment for citizens, social securities or insurances, medical and health care), primary education and lower secondary education.
2.
Sector: Sectors related to native populations
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: The authorities of Taiwan may adopt or maintain any measure according rights or preferences to native populations.
3.
Sector: Games of Luck and Chance
Sub-Sector:
Industry Classification:
Provisions Concerned: Articles 3 Articles 4 Article 7
Description: The authorities of Taiwan may adopt or maintain any measure relating to the operation of games of luck and chance, and of activities involving bets.
4.
Sector: All sectors
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: The authorities of Taiwan may adopt or maintain any measure with respect to the rights or preferences granted to minorities with social or economical disadvantages.
5.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 4
Description: The authorities of Taiwan may adopt or maintain measure that accords differential treatment to countries under a treaty or other written arrangement in force prior to the date of entry into force of this Arrangement.
The authorities of Taiwan may adopt or maintain any measure that accords differential treatment to countries under a treaty or other written arrangement in force after the date of entry into effect of this Arrangement, involving:
1. Aviation;
2. Fisheries;
3. Maritime matters, including salvage; or
4. Financial services.
6.
Sector: Postal Services
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3
Measures: Article 6 of the Postal Act of July 10, 2002
Description: Business of delivering letters, postcards or other correspondence is reserved to the Chunghwa Post Co., Ltd., which is a company owned by the authorities of Taiwan. According to the Article 6 of the Postal Act of Taiwan, apart from Chunghwa Post and others so entrusted, no others may engage in the business of delivering letters, postcards or other correspondence.
With the exception of delivery notices connected with shipments, no forwarding agency may deliver mail as described in the preceding paragraph.
7.
Sector: The following Private Participation in Infrastructure Projects: 1. transportation facilities and common conduit; 2.environmental pollution prevention facilities; 3. sewerage, water supply and water conservancy facilities; 4. sanitation and medical facilities; 5. social and labor welfare facilities; 6. cultural and education facilities; 7. major facilities for tour-site; 8. power facilities and public gas and fuel supply facilities; 9. sport facilities; 10. parks facilities; 11. major industrial, commercial and hi-tech facilities; 12. development of new town; 13. agricultural facilities.
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 4 Article 7
Level of Authority: Central and Regional
Measures: Article 3 of the Act for Promotion of Private Participation in Infrastructure Projects of October 31, 2001; Articles 2 to 19-1 of the Enforcement Rules of the Act for Promotion of Private Participation in Infrastructure Projects of June 7, 2010.
Description: The authorities of Taiwan may adopt or maintain any measure with respect to concessions relating to Article 3 of the Act for Promotion of Private Participation in Infrastructure Projects and Articles 2 to 19-1 of the Enforcement Rules of the Act for Promotion of Private Participation in Infrastructure Projects, as well as any renewals of re-negotiations or existing concessions relating thereto.
Annex I. Schedule of the interchange association. reservations for measures referred to in paragraph 1 of article 8
1. This Schedule sets out with respect to the Interchange Association, pursuant to paragraph 1 of Article 8, the existing measures that are not covered by the following provisions of this Arrangement:
(a) Article 3;
(b) Article 4; or
(c) Article 7.
2. Each schedule entry sets out the following elements:
(a) "Sector" refers to the general sector for which the entry is made;
(b) "Sub-Sector" refers to the specific sector for which the entry is made;
(c) "Industry Classification" refers, where applicable, and only for transparency purposes, to the activities covered by the entry according to the relevant industry classification codes. In this regard, "JSIC" means Japan Standard Industrial Classification set out by the Ministry of Internal Affairs and Communications, and revised on November 6, 2007;
(d) "Provisions Concerned" specifies the provisions referred to in paragraph 1 for which the entry is made;
(e) "Level of Authority" indicates the level of the authorities maintaining the measure(s) for which the entry is made;
(f) "Measures" identifies the existing laws, regulations or other measures for which the entry is made. A measure cited in the "Measures" element:
(i) means the measure as amended, continued, or renewed as of the date of entry into force of this Arrangement; and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(g) "Description" illustrates, with regard to the provisions referred to in paragraph 1, the nonconforming aspects of the existing measures for which the entry is made.
3. In the interpretation of each entry, all elements of the entry shall be considered. Each entry shall be interpreted in the light of the relevant provisions of this Arrangement for which the entry is made. The "Measures" element shall prevail over all the other elements.
4. For the purposes of this schedule, when the term "foreign" is employed, it refers to something belonging to or coming from, or to characteristics of, other country or region than Japan.
1.
Sector: Agriculture, Forestry and Fisheries (Plant Breeder's Right)
Sub-Sector:
Industry Classification: JSIC 0119 Miscellaneous crop farming JSIC 0243 Tree seed gathering and forest nursery services JSIC 0413 Seaweed aquaculture JSIC 0415 Seed aquaculture
Provisions Concerned: Article 3 Article 4
Level of Authority: Central Authority
Measures: Seeds and Seedlings Law (Law No. 83 of 1998), Article 10
Description: A foreign person who has neither a domicile nor residence (nor the place of business, in the case of a legal person) in Japan cannot enjoy a plant breeder's right or related rights except in any of the following cases:
(a) where the country or region of which the person is a national or citizen or the country or region in which the person has a domicile or residence (or its place of business, in the case of a legal person) is a contracting party to the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as Revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991;
(b) where the country or region of which the person is a national or citizen or the country or region in which the person has a domicile or residence (or its place of business, in the case of a legal person) is a contracting party to the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as Revised at Geneva on November 10, 1972, and on October 23, 1978(hereinafter referred to in this Annex as "the 1978 UPOV Convention"), or a country or region in relation with which Japan shall apply the 1978 UPOV Convention in accordance with paragraph (2) of Article 34 of the 1978 UPOV Convention, and further provides the protection for plant genus and species to which the person's applied variety belongs; or
(c) where the country or region of which the person is a national or citizen provides Japanese nationals with the protection of varieties under the same condition as its own nationals or citizens (including a country or region which provides such protection for Japanese nationals under the condition that Japan allows enjoyment of the plant breeder's right or related rights for the nationals or citizens of that country or region), and further provides the protection for plant genus and species to which the person's applied variety belongs.
2.
Sector: Finance
Sub-Sector: Banking
Industry Classification: JSIC 622 Banks, except central bank JSIC 631 Financial institutions for small-businesses
Provisions Concerned: Article 3
Level of Authority: Central Authority
Measures: Deposit Insurance Law (Law No. 34 of 1971), Article 2
Description: The deposit insurance system only covers financial institutions which have their head offices within the jurisdiction of Japan. The deposit insurance system does not cover deposits taken by branches of foreign banks.
3.
Sector: Heat Supply
Sub-Sector:
Industry Classification: JSIC 3511 Heat supply
Provisions Concerned: Article 3
Level of Authority: Central Authority
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 heat supply industry in Japan.
4.
Sector: Information and Communications
Sub-Sector: Telecommunications
Industry Classification: JSIC 3700 offices primarily engaged in managerial operations JSIC 3711 Regional telecommunications, except wire broadcast telephones JSIC 3731 Services incidental to telecommunications
Provisions Concerned: Article 3 Article 7
Level of Authority: Central Authority
Measures: Law Concerning Nippon Telegraph and Telephone Corporation (Law No. 85 of 1984), Articles 6 and 10
Description:
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 authority 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.
5.
Sector: Information and Communications
Sub-Sector: Telecommunications and Internet Based Services
Industry Classification: JSIC 3711 Regional telecommunications, except wire broadcast telephones JSIC 3712 Long-distance telecommunications JSIC 3719 Miscellaneous fixed telecommunications JSIC 3721 Mobile telecommunications JSIC 401 Internet based services Note: The activities covered by the reservation under JSIC 3711, 3712, 3719, 3721 or 401 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).
Provisions Concerned: Article 3
Level of Authority: Central Authority
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 telecommunications business and internet based services in Japan.
6.
Sector: Manufacturing
Sub-Sector: Drugs and Medicines Manufacturing
Industry Classification: JSIC 1653 Biological preparations
Provisions Concerned: Article 3
Level of Authority: Central Authority
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 biological preparations manufacturing industry in Japan. For greater certainty, "biological preparations manufacturing industry" deals with economic activities in an establishment which mainly produces vaccine, serum, toxoid, antitoxin and some preparations similar to the aforementioned products, or blood products.