Industry Classification:
Type of Reservation: Market Access (Article 9.3) National Treatment (Article 9.4) Most-Favoured-Nation Treatment {Article 9.5) Local Presence (Article 9.6)
Description: Trade in Services
1. Japan reserves the right to adopt or maintain any measure relating to services other than those recognised or other than those should have been recognised owing to the circumstances at the time of entry into force of this Agreement by the Government of Japan.
Any services classified positively and explicitly in JSIC or CPC, at the time of entry into force of this Agreement should have been recognised by the Government of Japan at that time.
2. Japan reserves the right to adopt or maintain any measure relating to the supply of services in any mode of supply in which those services were not technically feasible at the time of entry into force of this Agreement.
Note: This reservation does not apply to new financial services covered by Article 11.3 (Financial Services - New Financial Services).
Existing Measures:
5.
Sector: Aerospace Industry Aircraft Industry
Sub-Sector: Space Industry
Industry Classification:
Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements (Article 14.9)
Description: Trade in Services and Investment
1. Japan reserves the right to adopt or maintain any measure relating to investments in the aircraft industry and the space industry.
2. Japan reserves the right to adopt or maintain any measure relating to the supply of services in the aircraft industry to the extent not inconsistent with its obligations under Articles XVI and XVII of the GATS, and the space industry, including:
(a) services based on technological inducement contracts for importing technology for development, production or use;
(b) production services on fee or contract basis;
(c) repair and maintenance services; and
(d) space transportation services.
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 Aircraft Manufacturing Industry Law (Law No. 237 of 1952), Articles 2 through 5
6.
Sector: Arms and Explosives Industry Arms Industry
Sub-Sector: Explosives Manufacturing Industry
Industry Classification:
Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements (Article 14.9)
Description: Trade in Services and Investment
1. Japan reserves the right to adopt or maintain any measure relating to investment in the arms industry and the explosives manufacturing industry.
2. Japan reserves the right to adopt or maintain any measure relating to the supply of services in the arms industry and the explosives manufacturing industry, including:
(a) services based on technological inducement contracts for importing technology for development, production or use;
(b) production services on fee or contract basis; and
(c) repair and maintenance services.
Existing Measures: Ordnance Manufacturing Law (Law No. 145 of 1953), Article 5 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
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 Market Access (Article 9.3)
Type of Reservation: National Treatment (Articles 9.4 and 14.3) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements (Article 14.9)
Description: Trade in Services and Investment
Japan reserves the right to adopt or maintain any measure relating to investments or the supply of services in broadcasting industry.
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), Chapter 2 Broadcast Law (Law No. 132 of 1950), Chapters 2 and 5 through 8
8.
Sector: Education, Learning Support
Sub-Sector: Primary and Secondary Educational Services
Industry Classification: JSIC 811 Kindergartens JSIC 812 Elementary schools JSIC 813 Lower secondary schools JSIC 814 Upper secondary schools, secondary schools JSIC 815 School for special needs education
Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Local Presence (Article 9.6)
Description: Trade in Services and Investment
Japan reserves the right to adopt or maintain any measure relating to investments in, or the supply of, primary and secondary educational services.
Existing Measures: Fundamental Law of Education (Law No. 120 of 2006), Article 6 School Education Law (Law No. 26 of 1947), Article 2 Private School Law (Law No. 270 of 1949), Article 3
9.
Sector: Energy
Sub-Sector: Electricity Utility Industry Gas Utility Industry Nuclear Energy Industry
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) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements (Article 14.9)
Description: Trade in Services and Investment
Japan reserves the right to adopt or maintain any measure relating to investments or the supply of services in the energy industry listed in the "sub-sector" element.
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 Electricity Business Law (Law No. 170 of 1964), Articles 3 and 5 Gas Business Law (Law No. 51 of 1954), Articles 3 and 5 Specified Radioactive Waste Final Disposal Act (Law No. 117 of 2000), Chapter 5
10.
Sector: Financial Services
Sub-Sector: Banking and other financial services (excluding Insurance)
Industry Classification:
Type of Reservation: Market Access (Article 9.3) National Treatment (Article 9.4) Local Presence (Article 9.6) Trade in Services
Description: Japan reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraph (n) (i) of Article 9.2 (Trade in Services - Definitions) for banking and other financial services, other than:
(a) securities-related transactions with financial institutions and other entities in Japan as prescribed by the relevant laws and regulations of Japan;
(b) sales of a beneficiary certificate of an investment trust and an investment security, through securities firms in Japan;
Note: Solicitation must be conducted by securities firms in Japan.
(c) the following services to a collective investment scheme; and
(i) investment advice; and
(ii) portfolio management services, excluding:
(A) trustee services; and
(B) custodial services and execution services that are not related to managing a collective investment scheme.
Note: The term "collective investment scheme" in this reservation is construed as a financial instruments business operator engaged in investment management business under the Financial Instruments and Exchange Law (Law No. 25 of 1948).
(d) provision and transfer of financial information and financial data processing as referred to in paragraph (0) of Annex 9 (Financial Services) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in paragraph (p) of Annex 9 (Financial Services).
Note: With respect to paragraphs (a) through (d) of this reservation, Japan may require the registration or authorization of cross-border financial service suppliers of Australia and of financial instruments.
Japan reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraph (n) (ii) of Article 9.2 (Trade in Services - Definitions) of banking and other financial services, other than the services as referred to in paragraphs (e) through (p) of Annex 9 (Financial Services).
Existing Measures: Financial Instruments and Exchange Law, Articles 29, 29bis and 61
11.
Sector: Financial Services
Sub-Sector: Insurance and Insurance-Related Services
Industry Classification:
Type of Reservation: Market Access (Article 9.3) National Treatment (Article 9.4) Local Presence (Article 9.6) Trade in Services
Description: Japan reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraph (n) (i) of Article 9.2 (Trade in Services - Definitions) and trade in services as defined in subparagraph (n) (ii) of Article 9.2 (Trade in Services - Definitions) for insurance and insurance-related services, other than the following services supplied by a financial service supplier of Australia established in Australia:
(a) insurance of risks relating to:
(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(ii) goods in international transit;
(b) reinsurance, retrocession and the services auxiliary to insurance as referred to in paragraph (d) of Annex 9 (Financial Services); and
(c) insurance intermediation, such as brokerage and agency as referred to in paragraph (c) of Annex 9 (Financial Services), of insurance risks related to services listed in subparagraphs (a) and (b) of this reservation.
Note: Insurance intermediation services may be supplied only for insurance contracts allowed to be supplied in Japan.
Existing Measures: Insurance Business Law (Law No. 105 of 1995), Article 185, 277, 286 and 287
12.
Sector: Fisheries and Services Incidental to 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
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) Prohibition of Performance Requirements (Article 14.9)
Description: Trade in Services and Investment
Japan reserves the right to adopt or maintain any measure relating to investments or the supply of services in fisheries in the territorial sea, internal waters, exclusive economic zone and continental shelf of Japan.
For the purposes of this reservation, the term "fisheries" means the work of taking and cultivation of aquatic resources, including the following fisheries related services:
(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
13.
Sector: Land Transaction
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Articles 9.4 and 14.3) Most-Favoured-Nation Treatment (Articles 9.5 and 14.4)
Description: Trade in Services and Investment
With respect to the acquisition or lease of land properties in Japan, prohibitions or restrictions may be imposed by Cabinet Order on foreign nationals or legal persons, where Japanese nationals or legal persons are placed under identical or similar prohibitions or restrictions in the foreign country.
Existing Measures: Alien Land Law (Law No. 42 of 1925), Article 1
14.
Sector: Public Law Enforcement and Correctional Services and Social Services
Sub-Sector:
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) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements (Article 14.9)
Description: Trade in Services and Investment
Japan reserves the right to adopt or maintain any measure relating to investments or the supply of services in public law enforcement and correctional services, and in social services such as income security or insurance, social security or insurance, social welfare, public training, health and child care.
Existing Measures:
15.
Sector: Security Guard Services
Sub-Sector:
Industry Classification: JSIC 923 Guard Services
Type of Reservation: Market Access (Article 9.3) National Treatment (Article 9.4) Local Presence (Article 9.6)
Description: Trade in Services
Japan reserves the right to adopt or maintain any measure relating to the supply of security guard services.
Existing Measures: Security Business Law (Law No. 117 of 1972), Articles 4 and 5
Annex 8. Referred to in chapter 9 (trade in services)
RECOGNITION OF QUALIFICATIONS OF SERVICE SUPPLIERS
1. Scope
Further to Articles 9.8 (Trade in Services - Domestic Regulation) and 9.9 (Trade in Services - Recognition), this Annex shall apply to measures by a Party relating to recognition of qualifications of service suppliers obtained in the other Party by natural persons of either Party.
2. Provision of Information
1. Each Party shall designate one or more enquiry points that provide, on request of a service supplier of the other Party, information, including reference to the applicable legal basis, on:
(a) standards and criteria for the licensing and certification of professionals, which may include requirements regarding education, examinations, experience, conduct and ethics, professional development and re-certification, scope of practice, local knowledge, and consumer protection;
(b) the appropriate competent authority or other body to consult regarding the standards and criteria referred to in subparagraph (a); and
(c) requirements and procedures to obtain, renew or retain any licence or qualification requirements, at least for regulated services.
2. Each Party shall provide the other Party with the contact details of such enquiry points.
3. On request of the other Party, a Party shall hold consultations regarding its procedures for recognising qualifications and provide any relevant information regarding recognition to the other Party.
3. Recognition of Qualifications
1. Each Party shall encourage the competent authorities and the professional bodies in its Area to recognise qualifications of services suppliers obtained in the other Party, based inter alia upon equivalence, for the purposes of the fulfilment, in whole or in part, of its relevant standards or criteria for the authorisation, licensing or certification of service suppliers, in particular in the sector of professional services. Such recognition could be accorded unilaterally, or through bilateral or multilateral recognition agreements or arrangements.
2. Each Party shall support mutual recognition initiatives led by professional bodies of the Party subject to its available resources.
Annex 9. Referred to in chapter 11 (financial services)
FINANCIAL SERVICES
Insurance and insurance-related services
(a) direct insurance (including co-insurance):
(i) life;
(ii) non-life;
(b) reinsurance and retrocession;
(c) insurance intermediation, such as brokerage and agency;