Australia - Japan EPA (2014)
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1. The prior notification requirement under the Foreign Exchange and ForeignTrade Law applies to foreign investors who intend to make investments in aerial work business in Japan.

2. Permission of the Minister of Land, Infrastructure, Transport and Tourism for conducting aerial work business 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 the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).

In the event a person conducting aerial work business 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 person conducting aerial work business.

3. A foreign aircraft may not be used for a flight between points within Japan.

42.

Sector: Transport

Sub-Sector: Air Transport (Registration of Aircraft in the National Register)

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: Civil Aeronautics Law (Law No. 231 of 1952), Chapter 2

Description: Trade in Services and Investment

1. An aircraft owned by any of the following natural persons or entities may not be registered in the national register:

(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 the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).

2. A foreign aircraft may not be registered in the national register.

43.

Sector: Transport Customs Brokerage

Sub-Sector:

Industry Classification: JSIC 4899 Services incidental to transport, n.e.c.

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

Level of Government: Central Government

Measures: Customs Brokerage Law (Law No. 122 of 1967), Chapter 2

Description: Trade in Services

A person who intends to conduct customs brokerage business is required to have a place of business in Japan and to obtain permission of the Director-General of Customs having jurisdiction over the district where the person intends to conduct customs brokerage business.

44.

Sector: Transport

Sub-Sector: Freight Forwarding Business {excluding freight forwarding business using air transportation)

Industry Classification: JSIC 4441 Collect-and-deliver freight transport JSIC 4821 Deliver freight transport, except collect-and-deliver freight transport

Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Most-Favoured-Nation Treatment (Articles 9.5 and 14.4) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central Government

Measures: Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2, 3 and 4 Enforcement Regulation of Freight Forwarding Business Law (Ministerial Ordinance of the Ministry of Transport No. 20 of 1990)

Description: Trade in Services and Investment

1. The following natural persons or entities are required to be registered with, or to obtain permission or approval of, the Minister of Land, Infrastructure, Transport and Tourism for conducting freight forwarding business using international shipping. Such registration shall be made, or such permission or approval shall be granted, on the basis of reciprocity:

(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 the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).

2. A person who intends to conduct freight forwarding business is required to establish an office in Japan, and to be registered with, or to obtain permission or approval of, the Minister of Land, Infrastructure, Transport and Tourism.

45.

Sector: Transport

Sub-Sector: Freight Forwarding Business (only freight forwarding business using air transportation)

Industry Classification: JSIC 4441 Collect-and-deliver freight transport JSIC 4821 Deliver freight transport, except collect-and-deliver freight transport

Type of Reservation: National Treatment (Article 14.3) Most-Favoured-Nation Treatment {Article 14.4) Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central Government

Measures: Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2, 3 and 4 Enforcement Regulation of Freight Forwarding Business Law (Ministerial Ordinance of Ministry of Transport No. 20 of 1990)

Description: Investment

1. The following natural persons or entities may not conduct freight forwarding businesses using air transportation between points within Japan:

(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 the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).

2. The natural persons or entities referred to in subparagraphs 1 (a) through (d) are required to be registered with, or to obtain permission or approval of, the Minister of Land, Infrastructure, Transport and Tourism for conducting freight forwarding businesses using international air transportation. Such registration shall be permitted, or such permission or approval shall be granted, on the basis of reciprocity.

46.

Sector: Transport

Sub-Sector: Railway Transport

Industry Classification: JSIC 421 Railway transport JSIC 4851 Railway facilities 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 the railway transport industry in Japan. The manufacture of vehicles, parts and components for the railway transport industry is not included in the railway transport industry. Therefore, the prior notification under the Foreign Exchange and Foreign Trade Law is not required for the investments in the manufacture of these products.

47.

Sector: Transport

Sub-Sector: Road Passenger Transport

Industry Classification: JSIC 4311 Common omnibus operators

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 omnibus industry in Japan. The manufacture of vehicles, parts and components for the omnibus industry is not included in the omnibus industry. Therefore, the prior notification under the Foreign Exchange and Foreign Trade Law is not required for the investments in the manufacture of these products.

48.

Sector: Transport

Sub-Sector: Road transport

Industry Classification: JSIC 431 Common omnibus operators JSIC 432 Common taxicab operators JSIC 433 Contracted omnibus operators JSIC 4391 Motor passenger transport (particularly-contracted) JSIC 441 Common motor trucking JSIC 442 Motor trucking (particularly- contracted) JSIC 443 Mini-sized vehicle freight transport

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

Level of Government: Central Government

Measures: Road Transport Law (Law No. 183 of 1951), Chapter 2 Special Measures Law Concerning the Proper Management and Revitalization of the Taxi Business in Specified and Semi-specified Regions (Law No. 64 of 2009) (hereinafter referred to in this reservation as "the Law"), Chapters 2 and Trucking Business Law (Law No. 83 of 1989), Chapter 2

Description: Trade in Services

1. A person who intends to conduct road passenger transport business or road freight transport business is required to establish a place of business in Japan, and to obtain permission of, or to submit notification to, the Minister of Land, Infrastructure, Transport and Tourism.

2. In respect of common taxicab operators business, Infrastructure, Land, the Minister of Transport and Tourism may not grant permission to a person who intends businesses, or may to conduct the not approve a modification of the business plan of such businesses in the "specified regions" and in the "semi-specified regions" designated by the Minister of Land, Tourism. granted, Infrastructure, Such permission may be or such modification of the Transport and business plan may be approved with respect to "semi-specified regions" when the standards are met, including capacity of common businesses in that exceed the volumes set out in the Law those that the taxicab operators region does not of the traffic demand.

Such designation would be made when the capacity of common taxicab transportation businesses in that region exceeds or is likely to exceed the volumes of traffic demand to the extent that it would become difficult to secure the safety of transportation and the benefits of passengers.

3. In respect of common motor trucking business or motor trucking business (particularly-contracted), the Minister of Land, Infrastructure, Transport and Tourism may not grant permission to a person who intends to conduct the businesses, or may not approve a modification of the business plan of such businesses, in the "emergency supply/demand adjustment area" designated by the Minister of Land, Infrastructure, Transport and Tourism. Such designation would be made when the capacity of common motor trucking businesses or motor trucking businesses (particularly-contracted) in that area has significantly exceeded the volumes of transportation demand to the extent that the operation of existing businesses would become difficult.

49.

Sector: Transport

Sub-Sector: Services Incidental to Transport

Industry Classification: JSIC 4852 Fixed facilities for road transport

Type of Reservation: Market Access (Article 9.3)

Level of Government: Central Government

Measures: Road Transport Law (Law No. 183 of 1951), Chapter 4

Description: Trade in Services

A person who intends to conduct motorway businesses is required to obtain a licence from the Minister of Land, Infrastructure, Transport and Tourism. The issuance of a licence is subject to an economic needs test, such as whether the proposed motorway is appropriate in scale compared with the volume and nature of traffic demand in the proposed area.

50.

Sector: Transport

Sub-Sector: Services Incidental to Transport

Industry Classification:

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

Level of Government: Central Government

Measures: Pilotage Law (Law No. 121 of 1949), Chapters 2, 3 and 4

Description: Trade in Services

Only a Japanese national may become a pilot in Japan.

Pilots directing ships in the same pilotage district are required to establish a pilot association for the pilotage district.

51.

Sector: Transport

Sub-Sector: Water Transport

Industry Classification: JSIC 451 Oceangoing transport

Type of Reservation: Market Access (Article 9.3) National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5)

Level of Government: Central Government

Measures: Law Concerning Special Measures Against Unfavourable Treatment to Japanese Oceangoing Ship Operators by Foreign Government (Law No. 60 of 1977)

Description: Trade in Services

Australian oceangoing ship operators may be restricted or prohibited from entering ports in Japan or from loading and unloading cargoes in Japan in cases where Japanese oceangoing ship operators are prejudiced by Australia.

52.

Sector: Transport

Sub-Sector: Water Transport

Industry Classification: JSIC 452 Coastwise transport JSIC 453 Inland water transport JSIC 4542 Coastwise ship leasing

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 water transport industry in Japan. For greater certainty, "water transport industry" refers to the oceangoing/seagoing transport, the coastwise transport (i.e. maritime transport between ports in Japan), the inland water transport and the ship leasing industry. However, the oceangoing/seagoing transport industry and the ship leasing industry excluding the coastwise ship leasing industry are exempted from the prior notification requirement.

53.

Sector: Transport

Sub-Sector: Water Transport

Industry Classification:

Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Most-Favoured-Nation Treatment (Articles 9.5 and 14.4)

Level of Government: Central Government

Measures: Ship Law (Law No. 46 of 1899), Article 3

Description: Trade in Services and Investment

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 ports in Japan which are not open to foreign commerce and from carrying cargoes or passengers between ports in Japan.

54.

Sector: Vocational Skills Test

Sub-Sector:

Industry Classification:

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

Level of Government: Central Government

Measures: Human Resources Development Promotion Law (Law No. 64 of 1969), Chapter 5

Description: Trade in Services

Some specific types of non-profit organization (the employers' organizations or federations thereof, general incorporated associations or general incorporated foundations, labour unions that are juridical persons, or other non-profit juridical persons) can supply the service. Any such organization which intends to carry out the vocational skills test for workers is required to establish an office in Japan and to be designated by the Minister of Health, Labour and Welfare.

55.

Sector: Water Supply and Waterworks

Sub-Sector:

Industry Classification: JSIC 3611 Water for end users, except industrial users

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

Level of Government: Central Government

  • 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
  • 3 13
  • 4 14
  • 5 14
  • 6 14
  • 7 14
  • 8 14
  • 9 14
  • 10 14
  • 11 14
  • 12 14
  • 13 14
  • 14 14
  • 15 14
  • 16 14
  • 17 14
  • 18 15
  • 19 15
  • 20 15
  • 21 15
  • 22 15
  • 23 15
  • 24 15
  • 25 15
  • 26 15
  • 27 15
  • 28 15
  • 29 15
  • 30 15
  • 31 15
  • Section   3 15
  • 32 15
  • 33 15
  • 34 15
  • 35 16
  • Part   2 Schedule of japan 16
  • Section   1 Notes for section 2 16
  • Section   2 16
  • 1 16
  • 2 16
  • 3 16
  • 4 16
  • 5 16
  • 6 16
  • 7 16
  • 8 16
  • 9 16
  • 10 16
  • 11 16
  • 12 16
  • 13 17
  • 14 17
  • 15 17
  • 16 17
  • 17 17
  • 18 17
  • 19 17
  • 20 17
  • 21 17
  • 22 17
  • 23 17
  • 24 17
  • 25 17
  • 26 17
  • 27 18
  • 28 18
  • 29 18
  • 30 18
  • 31 18
  • 32 18
  • 33 18
  • 34 18
  • 35 18
  • 36 18
  • 37 18
  • 38 18
  • 39 18
  • 40 18
  • 41 18
  • 42 19
  • 43 19
  • 44 19
  • 45 19
  • 46 19
  • 47 19
  • 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