Sector: Professional Services
Sub-Sector:
Industry Classification: JSIC 7241 Certified public accountants' offices
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Certified Public Accountant Law (Law No. 103 of 1948), Chapters 3, 5-2 and 7
Description: Trade in Services
A natural person who intends to supply certified public accountants services is required to be qualified as a certified public accountant under the laws and regulations of Japan ("Koninkaikeishi").
An enterprise which intends to supply certified public accountants services is required to establish an audit corporation under the laws and regulations of Japan ("Kansa-Hojin")
28.
Sector: Professional Services
Sub-Sector:
Industry Classification: JSIC 7242 Auditors' offices
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Certified Public Tax Accountant Law (Law No. 237 of 1951), Chapters 3, 4, 5-2, 6 and 7 Enforcement Regulation on Certified Public Tax Accountant Law (Ministerial Ordinance of the Ministry of Finance No. 55 of 1951)
Description: Trade in Services
A natural person who intends to supply certified public tax accountant services is required to be qualified as a certified public tax accountant under the laws and regulations of Japan ("Zeirishi") and to establish an office within the district of certified public tax accountant association to which the natural person belongs.
An enterprise which intends to supply certified public tax accountant services is required to establish a certified public tax accountant corporation under the laws and regulations of Japan ("Zeirishi- Hojin").
29.
Sector: Professional Services
Sub-Sector:
Industry Classification: JSIC 7231 Administrative scriveners' offices JSIC 7294 Certified real estate appraisers JSIC 7299 Professional services, n.e.c. JSIC 7421 Architectural design services
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Architect and/or Building Engineer Law (Law No. 202 of 1950), Chapters 1, 2 and 6
Description: Trade in Services
An architect and/or building engineer, qualified as such under the laws and regulations of Japan ("Kenchikushi"), or a person employing such an architect and/or building engineer, who intends to conduct business of design, superintendence of construction work, administrative work related to construction work contracts, supervision of building construction work, survey and evaluation of buildings, and representation in procedure under the laws and regulations concerning construction, upon request from others for remuneration, is required to establish an office in Japan.
30.
Sector: Professional Services
Sub-Sector:
Industry Classification: JSIC 7251 Certified social insurance and labour consultants' offices
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Certified Social Insurance and Labour Consultant Law (Law No. 89 of 1968), Chapters 2-2, 4-2, 4-3 and 5
Description: Trade in Services
A natural person who intends to supply social insurance and labour consultant services is required to be qualified as a certified social insurance and labour consultant under the laws and regulations of Japan ("Shakai-Hoken- Romushi") and to establish an office in Japan.
An enterprise which intends to supply social insurance and labour consultant services is required to establish a certified social insurance and labour consultant corporation under the laws and regulations of Japan ("Shakai- Hoken-Romushi-Hojin").
31.
Sector: Professional Services
Sub-Sector:
Industry Classification: JSIC 7231 Administrative scriveners' office
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Administrative Scrivener Law (Law No. 4 of 1951), Chapters 3, 4, 5 and 8
Description: Trade in Services
A natural person who intends to supply administrative scrivener services is required to be qualified as an administrative scrivener under the laws and regulations of Japan ("Gyousei-Shoshi") and to establish an office within the district of the administrative scrivener association to which the natural person belongs.
An enterprise which intends to supply administrative scrivener services is required to establish an administrative scrivener corporation under the laws and regulations of Japan ("Gyousei-Shoshi-Hojin").
32.
Sector: Professional Services
Sub-Sector:
Industry Classification: JSIC 7299 Professional services n.e.c.
Type of Reservation: Market Access (Article 9.3)
Level of Government: Central Government
Measures: Maritime Procedure Agents Law (Law No. 32 of 1951), Article 17
Description: Trade in Services
Maritime procedure agent services must be supplied by a natural person who is qualified as a maritime procedure agent under the laws and regulations of Japan ("Kaijidairishi").
33.
Sector: Professional Services
Sub-Sector:
Industry Classification: JSIC 7222 Land and house surveyors' offices
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Land and House Surveyor Law (Law No. 228 of 1950), Chapters 3, 4, 5, 7 and 10
Description: Trade in Services
A natural person who intends to supply land and house surveyor services is required to be qualified as a land and house surveyor under the laws and regulations of Japan ("Tochi-Kaoku- Chosashi") and to establish an office within the district of the land and house surveyor association to which the natural person belongs.
An enterprise which intends to supply land and house surveyor services is required to establish a land and house surveyor corporation under the laws and regulations of Japan ("Tochi- Kaoku-Chosashi-Hojin").
34.
Sector: Real Estate
Sub-Sector:
Industry Classification: JSIC 6811 Sales agents of buildings and houses JSIC 6812 Land subdividers and developers JSIC 6821 Real estate agents and brokers JSIC 6941 Real estate managers
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Building Lots and Buildings Transaction Business Law (Law No. 176 of 1952), Chapter 2 Real Estate Syndication Law (Law No. 77 of 1994), Chapters 2 and 4-2 Law Concerning Improving Management of Condominiums (Law No. 149 of 2000), Chapter 3
Description: Trade in Services
1. A person who intends to conduct building lots and buildings transaction business is required to establish an office in Japan and to obtain a licence from the Minister of Land, Infrastructure, Transport and Tourism or from the prefectural governor having jurisdiction over the district where the office is located.
2. A person who intends to conduct real estate syndication business is required to establish an office in Japan, and to obtain permission from the competent Minister or from the prefectural governor having jurisdiction over the district where the office is located or to submit notification to the competent Minister.
3. A person who intends to conduct condominiums management business is required to establish an office in Japan and to be registered in the list maintained by the Ministry of Land, Infrastructure, Transport and Tourism.
35.
Sector: Real Estate Appraisal Services
Sub-Sector:
Industry Classification: JSIC 7294 Certified real estate appraisers
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government:Central Government
Measures: Law Concerning the Appraisal of Real Estate (Law No. 152 of 1963), Chapter 3
Description: Trade in Services
A person who intends to supply real estate appraisal services is required to establish an office in Japan and to be registered in the list maintained by the Ministry of Land, Infrastructure, Transport and Tourism or the prefecture having jurisdiction over the district where the office is located.
36.
Sector: Seafarers
Sub-Sector:
Industry Classification: JSIC 031 Marine fisheries JSIC 451 Oceangoing transport JSIC 452 Coastwise transport
Type of Reservation: Market Access (Article 9.3) National Treatment (Article 9.4)
Level of Government: Central Government
Measures: Mariners Law (Law No. 100 of 1947), Chapter 4 Official Notification of the Director General of Seafarers Department, Maritime Technology and Safety Bureau of the Ministry of Transport, No. 115, 1990 Official Notification of the Director General of Seafarers Department, Maritime Technology and Safety Bureau of the Ministry of Transport, No. 327, 1990 Official Notification of the Director General of Maritime Bureau of the Ministry of Land, Infrastructure and Transport, No. 153, 2004
Description: Trade in Services
Foreign nationals employed by Japanese enterprises except for the seafarers referred to in the relevant official notifications may not work on vessels flying the Japanese flag.
37.
Sector: Security Guard Services
Sub-Sector:
Industry Classification: JSIC 923 Guard services
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 security guard services in Japan.
38.
Sector: Services Related to Occupational Safety and Health
Sub-Sector:
Industry Classification: JSIC 7299 Professional services, n.e.c. JSIC 7441 Commodity inspection services JSIC 7452 Environmental surveying certification JSIC 8222 Vocational guidance centers
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Industrial Safety and Health Law (Law No. 57 of 1972), Chapters 5 and 8 Ministerial Ordinance for Registration and Designation related to Industrial Safety and Health Law and Orders based on the Law (Ministerial Ordinance of the Ministry of Labour No. 44 of 1972) Working Environment Measurement Law (Law No. 28 of 1975), Chapters 2 and 3 Enforcement Regulation of the Working Environment Measurement Law (Ministerial Ordinance of the Ministry of Labour No. 20 of 1975)
Description: Trade in Services
A person who intends to supply inspection or verification services for working machines, skill training courses and other related services in connection with occupational safety and health, or working environment measurement services is required to be resident or to establish an office in Japan, and to be registered with the Minister of Health, Labour and Welfare or Director-General of the Prefectural Labour Bureau.
39.
Sector: Surveying Services
Sub-Sector:
Industry Classification: JSIC 7422 Surveying services
Type of Reservation: Market Access (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central Government
Measures: Survey Law (Law No. 188 of 1949), Chapter 6
Description: Trade in Services
A person who intends to supply surveying services is required to establish a place of business in Japan and to be registered with the Minister of Land, Infrastructure, Transport and Tourism.
40.
Sector: Transport Air Transport
Sub-Sector:
Industry Classification: JSIC 4600 Head office primarily engaged in managerial operations JSIC 4611 Air transport National Treatment (Article 14.3)
Type of Reservation: Most-Favoured-Nation Treatment (Article 14.4) Senior Management and Boards of Directors (Article 14.8)
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 Civil Aeronautics Law (Law No. 231 of 1952), Chapters 7 and 8
Description: Investment
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in air transport businesses in Japan.
2. Permission of the Minister of Land, Infrastructure, Transport and Tourism for conducting air transport businesses as a Japanese air carrier is not granted to the following natural persons or entities applying for the permission:
(a) a natural person who does not have Japanese nationality;
(b) a foreign country, or a foreign public entity or its equivalent;
(c) a legal person or other entity constituted under the laws of any foreign country; and
(d) a legal person represented by the natural persons or entities referred to in subparagraph (a), (b) or (c); a legal person of which more than one-third of the members of the board of directors are composed of the natural persons or entities referred to in subparagraph (a), (b) or (c); or a legal person of which more than one-third of voting rights are held by natural persons or entities referred to in subparagraph (a), (b) or (c).
In the event an air carrier falls into a natural person or an entity referred to in subparagraphs (a) through (d), the permission will lose its effect. The conditions for the permission also apply to companies such as holding companies, which have substantial control over the air carriers.
3. A Japanese air carrier or a company having substantial control over such air carrier, such as a holding company, may reject the request from a natural person or an entity set forth in subparagraphs 2(a) through (c), who owns equity investments in such air carrier or company, to enter its name and address in the register of shareholders, in the event such air carrier or company falls into a legal person referred to in subparagraph 2(d) by accepting such request.
4 Foreign air carriers are required to obtain permission of the Minister of Land, Infrastructure, Transport and Tourism to conduct international air transport businesses.
5. Permission of the Minister of Land, Infrastructure, Transport and Tourism is required for the use of foreign aircraft for air transportation of passengers or cargoes to and from Japan for remuneration.
6. A foreign aircraft may not be used for a flight between points within Japan.
41.
Sector: Transport
Sub-Sector: Air Transport
Industry Classification: JSIC 4600 Head offices primarily engaged in managerial operations JSIC 4621 Aircraft service, except air transport
Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and14.3) Senior Management and Boards of Directors (Article 14.8)
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 of1980), Article 3 Civil Aeronautics Law (Law No. 231 of 1952), Chapters 7 and 8
Description: Trade in Services and Investment