21.
Sector: Transport
Sub-Sector: Water Transport
Industry Classification:
Provisions Concerned: Article 3 Article 4
Level of Authority: Central Authority
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 Japanese ports which are not open to foreign commerce and from carrying cargoes or passengers between Japanese ports.
22.
Sector: Water Supply and Waterworks
Sub-Sector:
Industry Classification: JSIC 3611 Water for end users, except industrial users
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 water supply and waterworks industry in Japan.
(The Interchange Association may modify or rectify this draft Annex before the conclusion of the negotiations.)
Annex II. Schedule of the interchange association reservations for measures referred to in paragraph 2 of article 8
1. This Schedule sets out with respect to the Interchange Association, pursuant to paragraph 2 of Article 8, the reservations made by the Interchange Association 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:
(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) "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.
3. In the interpretation of each entry, all elements of the entry shall be considered. The "Description" 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: All Sectors
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: When transferring or disposing of the equity interests in, or the assets of, a state enterprise or a governmental entity,
(a) the ownership of such interests or assets by investors of the Taiwanese Side or their investments may be prohibited or restricted;
(b) the ability of investors of the Taiwanese Side or their investments as owners of such interests or assets to control any resulting enterprise may be restricted; or
(c) any measure relating to the nationality of executives, managers or members of the board of directors of any resulting enterprise may be adopted or maintained.
Existing Measures:
2.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: 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 liberalized 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, any measure relating to those activities may be adopted or maintained.
Existing Measures:
3.
Sector: Aerospace Industry
Sub-Sector: Aircraft Industry Space Industry
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: Any measure relating to investment in aircraft industry and space industry may be adopted or maintained.
Existing Measures: 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
4.
Sector: Arms and Explosives Industry
Sub-Sector: Arms Industry Explosives Manufacturing Industry
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: Any measure relating to investment in arms industry and explosives manufacturing industry may be adopted or maintained.
Existing Measures: 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: Energy
Sub-Sector: Electricity Utility Industry Gas Utility Industry Nuclear Energy Industry
Industry Classification:
Provisions Concerned: Article 3 Article 7
Description: Any measure relating to investment in the energy industry listed in the "Sub-Sector" element may be adopted or maintained.
Existing Measures: 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: 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
Provisions Concerned: Article 3 Article 4 Article 7
Description: Any measure relating to investment in fisheries in the territorial sea, internal waters, exclusive economic zone and continental shelf of Japan may be adopted or maintained.
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, 8, 9, 10, 11, 12 and 14
7.
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
Provisions Concerned: Article 3 Article 7
Description: Any measure relating to investment in broadcasting industry may be adopted or maintained.
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), Article 5 Broadcast Law (Law No. 132 of 1950), Articles 93, 116, 125, 159 and 161.
8.
Sector: Land Transaction
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 4
Description: With respect to the acquisition or lease of land properties in Japan, prohibitions or restrictions may be imposed by Cabinet Order on foreign nationals, citizens or legal persons, where Japanese nationals or legal persons are placed under identical or similar prohibitions or restrictions in the foreign country or region.
Existing Measures: Alien Land Law (Law No. 42 of 1925), Article 1
9.
Sector: Public Law Enforcement and Correctional Services and Social Services
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 4 Article 7
Description: 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, may be adopted or maintained.
Existing Measures: