Australia - Japan EPA (2014)
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Measures: Law Concerning Nippon Telegraph and Telephone Corporation, etc. (Law No. 85 of 1984), Articles 6 and 10

Description: Trade in Services and Investment

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 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.

13.

Sector: Information and Communications

Sub-Sector: Telecommunications and Internet Based Services

Industry Classification: JSIC 3711 Regional telecommunications, except wired 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).

Type of Reservation: National Treatment (Articles 9.4 and 14.3)

Level of Government: Central Government

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: Trade in Services and Investment

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.

14.

Sector: Manufacturing

Sub-Sector: Shipbuilding and Repairing, and Marine Engines

Industry Classification: JSIC 3131 Shipbuilding and repairing

Type of Reservation: Market Access (Article 9.3)

Level of Government: Central Government

Measures: Shipbuilding Law (Law No. 129 of 1950), Articles 2, 3 and 3-2

Description: Trade in Services

A person who intends to establish or extend docks, which can be used to manufacture or repair vessels of 500 gross tonnage or more and/or 50 metres in length or more, is required to obtain permission from the Minister of Land, Infrastructure, Transport and Tourism. The issuance of a licence is subject to the requirements of an economic needs test.

15.

Sector: Manufacturing Drugs and Medicines Manufacturing

Sub-Sector:

Industry Classification: JSIC 1653 Biological preparations

Type of Reservation: National Treatment (Articles 9.4 and 14.3)

Level of Government: Central Government

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: Trade in Services and Investment

The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in the biological preparations manufacturing industry in Japan. For greater certainty, "biological preparations manufacturing industry" deals with economic activities in establishment which mainly produces vaccine, serum, toxoid, antitoxin and some preparations similar to the aforementioned products, or blood products.

16.

Sector: Manufacturing

Sub-Sector: Leather and Leather Products Manufacturing

Industry Classification: JSIC 1189 Textile apparel and accessories, n.e.c. JSIC 1694 Gelatine and adhesives JSIC 192 Rubber and plastic footwear and its findings JSIC 2011 Leather tanning and finishing JSIC 2021 Mechanical leather products, except gloves and mittens JSIC 2031 Cut stock and findings for boots and shoes JSIC 2041 Leather footwear JSIC 2051 Leather gloves and mittens JSIC 2061 Baggage JSIC 207 Handbags and small leather cases JSIC 2081 Fur skins JSIC 2099 Miscellaneous leather products JSIC 3253 Sporting and athletic goods

Note 1: The activities covered by the reservation under JSIC 1189 or 3253 are limited to the activities related to leather and leather products manufacturing.

Note 2: The activities covered by the reservation under JSIC 1694 are limited to the activities related to animal glue (nikawa) and gelatine manufacturing.

Type of Reservation: National Treatment (Articles 9.4 and 14.3)

Level of Government: Central Government

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: Trade in Services and Investment

The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in the leather and leather products manufacturing industry in Japan.

17.

Sector: Matters Related to the Nationality of a Ship

Sub-Sector:

Industry Classification:

Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central Government

Measures: Ship Law (Law No. 46 of 1899), Article 1

Description: Trade in Services and Investment

Nationality requirement applies to the supply of international maritime transport services (including services of passenger transportation and freight transportation) through establishment of a registered company operating a fleet flying the flag of Japan.

The term "nationality requirement" means that the ship must be owned by a Japanese national, or a company established under the laws and regulations of Japan, of which all the representatives and not less than two- thirds of the executives administering the affairs are Japanese nationals.

18.

Sector: Measuring Services

Sub-Sector:

Industry Classification: JSIC 7441 Commodity inspection service JSIC 745 Surveyor certification Market Access (Article 9.3)

Type of Reservation: Local Presence (Article 9.6)

Level of Government: Central Government

Measures: Measurement Law (Law No. 51 of 1992), Chapters 3, 5, 6 and 8 Regulations on Measurement Law (Ministerial Ordinance of the Ministry of International Trade and Industry No. 69 of 1993) Ministerial Ordinance for Designated Inspection Body, Designated Verification Body, Designated Measurement Certification Inspection Body and Specified Measurement Certification Accreditation Body (Ministerial Ordinance of the Ministry of International Trade and Industry No. 72 of 1993)

Description: Trade in Services

1. A person who intends to supply services of conducting the periodic inspection of specified measuring instruments is required to establish a legal person in Japan and to be designated by the prefectural governor having jurisdiction over the district where the person intends to conduct such inspection, or by the head of a specified municipality in case the place where the person intends to conduct such inspection is located within the district of such specified municipality.

2. A person who intends to supply services of conducting the verification of specified measuring instruments is required to establish a legal person in Japan and to be designated by the Minister of Economy, Trade and Industry.

3. A person who intends to conduct measurement certification business, including specified measurement certification business, is required to have an establishment in Japan and to be registered with the prefectural governor having jurisdiction over the district where the establishment is located.

4. A person who intends to supply services of conducting the inspection of specified measuring instruments used for the measurement certification is required to establish a legal person in Japan and to be designated by the prefectural governor having jurisdiction over the district where the person intends to conduct such inspection.

5. A person who intends to supply services of conducting the accreditation for a person engaged in specified measurement certification business is required to establish a legal person in Japan, and to be designated by the Minister of Economy, Trade and Industry.

6. A person who intends to supply services of conducting the calibration of measuring instruments is required to establish a legal person in Japan and to be designated by the Minister of Economy, Trade and Industry.

19.

Sector: Medical, Health Care and Welfare

Sub-Sector:

Industry Classification: JSIC 8599 Miscellaneous social insurance, social welfare and care services

Type of reservation: Market Access (Article 9.3) Local Presence (Article 9.6)

Level of Government: Central Government

Measures: Law Concerning Collection of Labour Insurance Premium (Law No. 84 of 1969), Chapter 4 Enforcement Regulations for the Law Concerning Collection of Labour Insurance Premium (Ministerial Ordinance of the Ministry of Labour No. 8 of 1972)

Description: Trade in Services

Only an association of business proprietors or a federation of such associations approved by the Minister of Health, Labour and Welfare under the laws and regulations of Japan may conduct labour insurance businesses entrusted by business proprietors. An association which intends to conduct such labour insurance businesses under the laws and regulations of Japan is required to establish an office in Japan, and to obtain the approval of the Minister of Health, Labour and Welfare.

20.

Sector: Mining

Sub-Sector:

Industry Classification: JSIC 05 Mining and quarrying of stone and gravel

Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Local Presence (Article 9.6)

Level of Government: Central Government

Measures: Mining Law (Law No. 289 of 1950), Chapters 2 and 3

Description: Trade in Services and Investment

Only a Japanese national or an enterprise of Japan may have mining rights or mining lease rights.

21.

Sector: Oil Industry

Sub-Sector:

Industry Classification: JSIC 053 Crude petroleum and natural gas production JSIC 1711 Petroleum refining JSIC 1721 Lubricating oils and greases (not made in petroleum refineries) JSIC 1741 Paving materials JSIC 1799 Miscellaneous petroleum and coal products JSIC 4711 Ordinary warehousing JSIC 4721 Refrigerated warehousing JSIC 5331 Petroleum JSIC 6051 Petrol stations (gasoline service stations) JSIC 6052 Fuel stores, except gasoline service stations JSIC 9299 Miscellaneous business services, n.e.c.

Note 1: The activities covered by the reservation under JSIC 1741, 1799, 4711, 4721 or 6052 are limited to those related to the oil industry.

Note 2: The activities covered by the reservation under JSIC 9299 are limited to those related to the liquefied petroleum gas industry.

Type of Reservation: National Treatment (Articles 9.4 and 14.3)

Level of Government: Central Government

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: Trade in Services and Investment

The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in the oil industry in Japan. All organic chemicals such as ethylene, ethylene glycol and polycarbonates are outside the scope of the oil industry. Therefore, prior notification under the Foreign Exchange and Foreign Trade Law is not required for investments in the manufacture of these products.

22.

Sector: Professional Services

Sub-Sector:

Industry Classification: JSIC 7211 Lawyers' offices

Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)

Level of Government: Central Government

Measures: Attorney Law (Law No. 205 of 1949), Chapters 3, 4, 4-2, 5 and 9

Description: Trade in Services

A natural person who intends to supply legal services is required to be qualified as a lawyer under the laws and regulations of Japan ("Bengoshi") and to establish an office within the district of the local bar association to which the natural person belongs.

An enterprise which intends to supply legal services is required to establish a legal professional corporation under the laws and regulations of Japan ("Bengoshi- Hojin").

23.

Sector: Professional Services

Sub-Sector:

Industry Classification: JSIC 7211 Lawyers' offices

Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)

Level of Government: Central Government

Measures: Law on Special Measures Concerning the Handling of Legal Services by Foreign Lawyers (Law No. 66 of 1986), Chapters 2 and 4

Description: Trade in Services

A natural person who intends to supply legal advisory services concerning foreign laws is required to be qualified as a registered foreign lawyer under the laws and regulations of Japan ("Gaikoku-Ho-Jimu-Bengoshi") and to establish an office within the district of the local bar association to which the natural person belongs.

A registered foreign lawyer under the laws and regulations of Japan is required to stay in Japan for not less than 180 days per year.

24.

Sector: Professional Services

Sub-Sector:

Industry Classification: JSIC 7212 Patent attorneys' offices

Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)

Level of Government: Central Government

Measures: Patent Attorney Law (Law No. 49 of 2000), Chapters 3, 6 and 8

Description: Trade in Services

A natural person who intends to supply patent attorney services is required to be qualified as a patent attorney under the laws and regulations of Japan ("Benrishi").

An enterprise which intends to supply patent attorney services is required to establish a patent business corporation under the laws and regulations of Japan ("Tokkyo-Gyomu- Hojin").

25.

Sector: Professional Services

Sub-Sector:

Industry Classification: JSIC 7221 Notaries public's and judicial scriveners' offices

Type of Reservation: Market Access (Article 9.3) National Treatment (Article 9.4) Local Presence (Article 9.6) Central Government

Level of Government: Notary Law (Law No. 53 of 1908), Chapters 2 and 3

Measures:

Description: Trade in Services

Only a Japanese national may be appointed as a notary in Japan.

The notary is required to establish an office in the place designated by the Minister of Justice.

26.

Sector: Professional Services

Sub-Sector:

Industry Classification: JSIC 7221 Notaries public's and judicial scriveners' offices

Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)

Level of Government: Central Government

Measures: Judicial Scrivener Law (Law No. 197 of 1950), Chapters 3, 4, 5, 7 and 10

Description: Trade in Services

A natural person who intends to supply judicial scrivener services is required to be qualified as a judicial scrivener under the laws and regulations of Japan ("Shiho-Shoshi") and to establish an office within the district of the judicial scrivener association to which the natural person belongs.

An enterprise which intends to supply judicial scrivener services is required to establish a judicial scrivener corporation under the laws and regulations of Japan ("Shiho-Shoshi-Hojin")

27.

  • Chapter   1 General Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Transparency 1
  • Article   1.4 Public Comment Procedures 1
  • Article   1.5 Administrative Proceedings 1
  • Article   1.6 Review and Appeal 1
  • Article   1.7 Confidential Information 1
  • Article   1.8 Taxation 1
  • Article   1.9 General Exceptions 1
  • Article   1.10 Security Exceptions 1
  • Article   1.11 Relation to other Agreements 1
  • Article   1.12 Implementing Agreement 1
  • Article   1.13 Joint Committee 1
  • Article   1.14 Communications 1
  • Chapter   2 Trade In Goods 1
  • Section   1 General Rules 1
  • Article   2.1 Definitions 1
  • Article   2.2 Classification of Goods 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination or Reduction of Customs Duties 1
  • Article   2.5 Customs valuation 1
  • Article   2.6 Export duties 2
  • Article   2.7 Export subsidies 2
  • Article   2.8 Non- tariff measures 2
  • Article   2.9 Administrative fees and charges 2
  • Article   2.10 Administration of trade regulations 2
  • Article   2.11 Import licensing 2
  • Article   2.12 Anti-dumping measures and countervailing measures 2
  • Section   2 Safeguard measures 2
  • Article   2.13 Application of bilateral safeguard measures 2
  • Article   2.14 Investigation 2
  • Article   2.15 Conditions and limitations 2
  • Article   2.16 Compensation 2
  • Article   2.17 Provisional bilateral safeguard measures 2
  • Article   2.18 Special safeguard measures on specific agricultural goods 2
  • Article   2.19 Relation to safeguard measures under the wto agreement 2
  • Section   3 Other provisions 2
  • Article   2.20 Reviews of market access and protection of competitiveness 2
  • Article   2.21 Sub-committee on trade in goods 2
  • Article   2.22 Amendment of annex 2
  • Article   2.23 Operational procedures 2
  • Chapter   3 Rules of origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating goods 2
  • Article   3.3 Wholly obtained goods 2
  • Article   3.5 Calculation of qualifying value content 2
  • Article   3.6 Accumulation 3
  • Article   3.7 Non-qualifying operations 3
  • Article   3.8 Consignment 3
  • Article   3.9 Unassembled or disassembled goods 3
  • Article   3.10 Fungible goods and materials 3
  • Article   3.11 Indirect materials 3
  • Article   3.12 Accessories, spare parts and tools 3
  • Article   3.13 Packing materials and containers 3
  • Article   3.14 Documentary evidence of origin 3
  • Article   3.15 Certificate of origin 3
  • Article   3.16 Origin certification document 3
  • Article   3.17 Claim for preferential tariff treatment 3
  • Article   3.18 Waiver of documentary evidence of origin 3
  • Article   3.19 Measures regarding an erroneous or false documentary evidence of origin 3
  • Article   3.20 Record-keeping requirements 3
  • Article   3.21 Origin verification 3
  • Article   3.22 Verification visit 3
  • Article   3.23 Denial of preferential tariff treatment 3
  • Article   3.24 Non-party invoices 3
  • Article   3.25 Confidentiality 3
  • Article   3.26 Penalties 4
  • Article   3.27 Transitional provisions for goods in transport or storage 4
  • Article   3.28 Sub-committee on rules of origin 4
  • Article   3.29 Amendments to annexes 2 and 3 4
  • Chapter   4 Customs procedures 4
  • Article   4.1 Scope 4
  • Article   4.2 Definitions 4
  • Article   4.3 Transparency 4
  • Article   4.4 Customs clearance 4
  • Article   4.5 Advance rulings 4
  • Article   4.6 Temporary admission and goods in transit 4
  • Article   4.7 Cooperation and exchange of information 4
  • Article   4.8 Review process 4
  • Article   4.9 Sub-committee on customs procedures 4
  • Chapter   5 Sanitary and phytosanitary cooperation 4
  • Article   5.1 Scope 4
  • Article   5.2 Reaffirmation of rights and obligations 4
  • Article   5.3 Cooperation 4
  • Article   5.4 Sub-committee on sanitary and phytosanitary cooperation 4
  • Article   5.5 Chapter coordinator 4
  • Article   5.6 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   6 Technical regulations, standards and conformity assessment procedures 4
  • Article   6.1 Scope 4
  • Article   6.2 Definitions 4
  • Article   6.3 Reaffirmation of rights and obligations 4
  • Article   6.4 International standards, guides or recommendations 4
  • Article   6.5 Technical regulations 4
  • Article   6.6 Conformity assessment procedures 4
  • Article   6.7 Transparency 4
  • Article   6.8 Sub-committee on technical regulations, standards and conformity assessment procedures 4
  • Article   6.9 Chapter coordinator 4
  • Article   6.11 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   7 Food supply 4
  • Article   7.1 Basic principle 5
  • Article   7.2 Definitions 5
  • Article   7.3 Export restrictions on essential food 5
  • Article   7.4 Promotion and facilitation of investment 5
  • Article   7.5 Consultations for supply of essential food 5
  • Chapter   8 Energy and mineral resources 5
  • Article   8.1 Basic principle 5
  • Article   8.2 Definitions 5
  • Article   8.3 Stable supply of energy and mineral resources 5
  • Article   8.4 Export restrictions 5
  • Article   8.5 Export licensing procedures and administrations 5
  • Article   8.6 Energy and mineral resource regulatory measures 5
  • Article   8.7 Cooperation 5
  • Article   8.8 Sub-committee on energy and mineral resources 5
  • Chapter   9 Trade in services 5
  • Article   9.1 Scope 5
  • Article   9.2 Definitions 5
  • Article   9.3 Market access 5
  • Article   9.4 National treatment 5
  • Article   9.5 Most-favoured-nation treatment 5
  • Article   9.6 Local presence 5
  • Article   9.7 Non-conforming measures 5
  • Article   9.8 Domestic regulation 5
  • Article   9.9 Recognition 6
  • Article   9.10 Monopolies and exclusive service suppliers 6
  • Article   9.11 Subsidies 6
  • Article   9.12 Payments and transfers 6
  • Article   9.13 Restrictions to safeguard the balance-of-payments 6
  • Article   9.14 Denial of benefits 6
  • Article   9.15 Sub-committee on trade in services 6
  • Chapter   10 Telecommunications services 6
  • Article   10.1 Scope 6
  • Article   10.2 Definitions 6
  • Article   10.3 Access and use 6
  • Article   10.4 Submarine cables 6
  • Article   10.5 Number portability 6
  • Article   10.6 Dialling parity 6
  • Article   10.7 Competitive safeguards 6
  • Article   10.8 Treatment by major suppliers 6
  • Article   10.9 Resale 6
  • Article   10.10 Interconnection 6
  • Article   10.11 Unbundling of network elements 7
  • Article   10.12 Provisioning and pricing of leased circuit services 7
  • Article   10.13 Co-location 7
  • Article   10.15 Independent telecommunications regulatory body 7
  • Article   10.16 Universal service 7
  • Article   10.17 Licensing process 7
  • Article   10.18 Allocation and use of scarce resources 7
  • Article   10.19 Transparency 7
  • Article   10.20 Unsolicited electronic messages 7
  • Article   10.21 Resolution of telecommunications disputes 7
  • Article   10.22 Sub-committee on telecommunications 7
  • Article   10.23 Relation to international organisations 7
  • Chapter   11 Financial services 7
  • Article   11.1 Scope 7
  • Article   11.2 Definitions 7
  • Article   11.4 Domestic regulation 7
  • Article   11.5 Recognition 7
  • Article   11.6 Transfers of information and processing of information 7
  • Article   11.7 Regulatory transparency 7
  • Article   11.8 Self-regulatory organisations 7
  • Article   11.9 Payment and clearing systems 7
  • Article   11.10 Sub-committee on financial services 7
  • Article   11.11 Consultations 7
  • Article   11.12 Dispute settlement 7
  • Chapter   12 Movement of natural persons 7
  • Article   12.1 Scope 7
  • Article   12.2 Definitions 7
  • Article   12.3 Specific commitments 7
  • Article   12.4 Transparency 7
  • Article   12.5 Requirements and procedures relating to the movement of natural persons 7
  • Article   12.6 Dispute settlement 8
  • Chapter   13 Electronic commerce 8
  • Article   13.1 Basic principles 8
  • Article   13.2 Definitions 8
  • Article   13.3 Customs duties 8
  • Article   13.4 Non-discriminatory treatment of digital products 8
  • Article   13.5 Domestic regulation 8
  • Article   13.6 Electronic signature 8
  • Article   13.7 Consumer protection 8
  • Article   13.8 Personal data protection 8
  • Article   13.9 Paperless trade administration 8
  • Article   13.10 Cooperation 8
  • Chapter   14 Investment 8
  • Article   14.1 Scope 8
  • Article   14.2 Definitions 8
  • Article   14.3 National treatment 8
  • Article   14.4 Most-favoured-nation treatment 8
  • Article   14.5 Minimum standard of treatment 8
  • Article   14.6 Access to the courts of justice 8
  • Article   14.7 Special formalities and information requirements 8
  • Article   14.8 Senior management and boards of directors 8
  • Article   14.9 Prohibition of performance requirements 8
  • Article   14.10 Non-conforming measures and exceptions 9
  • Article   14.11 Expropriation and compensation 9
  • Article   14.12 Treatment in case of strife 9
  • Article   14.13 Transfers 9
  • Article   14.14 Subrogation 9
  • Article   14.15 General exceptions 9
  • Article   14.16 Temporary safeguard measures 9
  • Article   14.17 Denial of benefits 9
  • Article   14.18 Sub-committee on investment 9
  • Article   14.19 Review 9
  • Chapter   15 Competition and consumer protection 9
  • Article   15.1 Objectives 9
  • Article   15.2 Definitions 9
  • Article   15.3 Promotion of competition by addressing anticompetitive activities 9
  • Article   15.4 State-owned enterprises 9
  • Article   15.5 Cooperation on addressing anticompetitive activities 9
  • Article   15.6 Cooperation on consumer protection 9
  • Article   15.7 Consultations 9
  • Article   15.8 Confidentiality of information 9
  • Article   15.9 Non-application of chapter 19 (dispute settlement) 9
  • Chapter   16 Intellectual property 9
  • Article   16.1 General provisions 9
  • Article   16.2 Definitions 9
  • Article   16.3 National treatment 10
  • Article   16.4 Streamlining of procedural matters 10
  • Article   16.5 Acquisition and maintenance of intellectual property rights 10
  • Article   16.6 Transparency 10
  • Article   16.7 Promotion of public awareness of protection of intellectual property 10
  • Article   16.8 Patents 10
  • Article   16.9 Trade marks 10
  • Article   16.10 Geographical indications 10
  • Article   16.11 New varieties of plants 10
  • Article   16.12 Copyright and related rights 10
  • Article   16.13 Protection of undisclosed information 10
  • Article   16.14 Utility models 10
  • Article   16.15 Unfair competition 10
  • Article   16.16 Internet service providers 10
  • Article   16.17 Enforcement — general 10
  • Article   16.18 Enforcement — border measures 10
  • Article   16.19 Enforcement — civil remedies 10
  • Article   16.20 Enforcement — criminal procedures and penalties 10
  • Article   16.21 Sub-committee on intellectual property 10
  • Chapter   17 Government procurement 10
  • Article   17.1 Scope 10
  • Article   17.2 Definitions 10
  • Article   17.3 National treatment and non-discrimination 10
  • Article   17.4 Rules of origin 10
  • Article   17.5 Valuation of contracts 10
  • Article   17.6 Prohibition of offsets 11
  • Article   17.7 Technical specifications 11
  • Article   17.8 Tendering procedures 11
  • Article   17.9 Conditions for participation 11
  • Article   17.10 Notice of procurement 11
  • Article   17.11 Selective tendering 11
  • Article   17.12 Time-limits for tendering 11
  • Article   17.13 Tender documentation 11
  • Article   17.14 Submission, receipt and opening of tenders and awarding of contracts 11
  • Article   17.15 Limited tendering 11
  • Article   17.16 Post-award information 11
  • Article   17.17 Information on the procurement system 11
  • Article   17.18 Non-disclosure of information 11
  • Article   17.19 Challenge procedure 11
  • Article   17.20 Exceptions 11
  • Article   17.21 Ensuring integrity in procurement processes 11
  • Article   17.22 Rectifications or modifications 11
  • Article   17.23 Privatisation of procuring entities 11
  • Article   17.24 Further negotiation 11
  • Article   17.25 Cooperation 11
  • Chapter   18 Promotion of a closer economic relationship 11
  • Article   18.1 Cooperation 11
  • Article   18.2 Sub-committee on promotion of a closer economic relationship 11
  • Article   18.3 Functions of the contact point 12
  • Article   18.4 Non-application of chapter 19 (dispute settlement) 12
  • Chapter   19 Dispute settlement 12
  • Article   19.1 Scope 12
  • Article   19.2 Definitions 12
  • Article   19.3 Choice of dispute settlement procedure 12
  • Article   19.4 Consultations 12
  • Article   19.5 Good offices, conciliation or mediation 12
  • Article   19.6 Establishment and composition of arbitral tribunals 12
  • Article   19.7 Terms of reference of arbitral tribunals 12
  • Article   19.8 Functions of arbitral tribunals 12
  • Article   19.9 Proceedings of arbitral tribunals 12
  • Article   19.10 Information in proceedings 12
  • Article   19.11 Suspension and termination of proceedings 12
  • Article   19.12 Award 12
  • Article   19.13 Implementation of award 12
  • Article   19.14 Disagreement concerning implementation 12
  • Article   19.15 Compensation and suspension of concessions 12
  • Article   19.16 Rules of Procedure 13
  • Article   19.17 Modifications of Time Periods, Rules and Procedures 13
  • Article   19.18 Expenses 13
  • Chapter   20 Final Provisions 13
  • Article   20.1 Table of Contents and Headings 13
  • Article   20.2 Annexes and Notes 13
  • Article   20.3 Amendment 13
  • Article   20.4 Entry Into Force 13
  • Article   20.5 General Review 13
  • Article   20.6 Termination 13
  • Article   20.7 Authentic Texts 13
  • Annex 6  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 13
  • Part   1 Schedule of Australia 13
  • Section   1 Notes for Sections 2 and 3 13
  • Section   2 13
  • 1 13
  • 2 13
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  • Section   3 15
  • 32 15
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  • 35 16
  • Part   2 Schedule of japan 16
  • Section   1 Notes for section 2 16
  • Section   2 16
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  • 48 19
  • 49 19
  • 50 19
  • 51 19
  • 52 19
  • 53 19
  • 54 19
  • 55 19
  • 56 20
  • Annex 7  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 20
  • Part   1 Schedule of australia 20
  • Section   1 Notes for sections 2 and 3 20
  • Section   2 20
  • 1 20
  • 2 20
  • 3 20
  • 4 20
  • 5 20
  • 6 20
  • 7 20
  • 8 20
  • 9 20
  • 10 20
  • 11 20
  • 12 20
  • 13 20
  • 14 21
  • 15 21
  • 16 21
  • 17 21
  • 18 21
  • 19 21
  • Section   3 21
  • 20 21
  • 21 21
  • 22 21
  • 23 21
  • 24 21
  • Part   2 Schedule of japan 21
  • Section   1 Notes for section 2 21
  • Section   2 21
  • 1 21
  • 2 21
  • 3 21
  • 4 21
  • 5 22
  • 6 22
  • 7 22
  • 8 22
  • 9 22
  • 10 22
  • 11 22
  • 12 22
  • 13 22
  • 14 22
  • 15 22
  • Annex 8  Referred to in chapter 9 (trade in services) 22
  • 1 Scope 22
  • 2 Provision of information 22
  • 3 Recognition of qualifications 22
  • Annex 9  Referred to in chapter 11 (financial services) 22
  • Annex 10  Referred to in chapter 12 (movement of natural persons) 23
  • Part   1 Specific commitments of australia 23
  • Section   1 Business visitors of japan 23
  • Section   2 Intra-corporate transferees of japan 23
  • Section   3 Investors of japan 23
  • Section   4 Contractual service suppliers of japan 23
  • Section   5 Accompanying spouse and dependents 23
  • Part   2 Specific commitments of japan 23
  • Section   1 Short-term business visitors of australia 23
  • Section   2 Intra-corporate transferees of australia 23
  • Section   3 Investors of australia 23
  • Section   4 Natural persons of australia who engage in professional services 23
  • Section   5 Natural persons of australia who engage in business activities, which require technology or knowledge at an advanced level, on the basis of a personal contract with public or private organisations in japan 23
  • Section   6 Accompanying spouse and children 23
  • Annex 12  Referred to in chapter 14 (investment) 23
  • Implementing agreement between the government of japan and the government of australia pursuant to article 1.12 of the agreement between japan and australia for an economic partnership 23
  • Chapter   1 General provisions 23
  • 1.1 Scope and relationship to the basic agreement 23
  • Chapter   2 Rules of origin 23
  • 2.1 Issuance of certificate of origin 23
  • 2.2 Modification 23
  • 2.3 Language of documentary evidence of origin 23
  • 2.4 Consignment 23
  • 2.5 Minor errors 23
  • 2.6 Communications on origin verification 23
  • Chapter   3 Customs procedures 23
  • 3.1 Mutual assistance 23
  • 3.2 Information and communications technology 23
  • 3.3 Risk management 23
  • 3.4 Advance rulings 24
  • 3.5 Enforcement against illegal trafficking 24
  • 3.6 Intellectual property rights 24
  • 3.7 Exchange of information and confidentiality 24
  • Chapter   4 Final provisions 24
  • 4.1 Implementation 24
  • 4.2 Entry into force 24
  • 4.3 Amendment 24