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")