FOR JAPAN:
FOR THE REPUBLIC OF TAJIKISTAN:
Attachments
Annex I. Existing Non-Conforming Measures referred to in subparagraph 1(a) of Article 7
1. The Schedule of a Contracting Party sets out, pursuant to subparagraph 1(a) of Article 7, its existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 2 (National Treatment);
(b) Article 3 (Most-Favoured-Nation Treatment); or
(c) Article 6 (Prohibition of Performance Requirements).
Note: For greater certainty, entries in the Schedule of Japan may include measures taken by Japan in accordance with Article 16.
2. Each Schedule entry sets out the following elements:
(a) “Sector” refers to the sector for which the entry is made;
(b) “Sub-Sector”, where referenced, refers to the specific sub-sector for which the entry is made;
(c) “Industry Classification”, where referenced, and only for transparency purposes, refers to the activity covered by the non-conforming measure, according to domestic or international industry classification codes;
(d) “Obligations Concerned” specifies the obligations referred to in paragraph 1 that, pursuant to subparagraph 1(a) of Article 7, do not apply to the listed measure(s);
(e) “Measures” identifies the laws, regulations or other measures for which the entry is made. A measure cited in the “Measures” element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement; and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(f) “Description” sets out the non-conforming measure or provides a general non-binding description of the measure for which the entry is made.
3. In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in the light of the relevant provisions of this Agreement against which the entry is made, and the “Measures” element shall prevail over all the other elements.
4. For the purposes of this Annex, the term “JSIC” means Japan Standard Industrial Classification set out by the Ministry of Internal Affairs and Communications of Japan, and revised on July 27, 2023.
Schedule of Japan
1 Sector: Aerospace Industry
Sub-Sector: Aircraft Manufacturing and Repairing Industry
Industry Classification:
JSIC 16 Manufacture of chemical and allied products
JSIC 18 Manufacture of plastics products, except otherwise classified
JSIC 19 Manufacture of rubber products
JSIC 21 Manufacture of ceramic, stone and clay products
JSIC 23 Manufacture of non-ferrous metals and products
JSIC 24 Manufacture of fabricated metal products
JSIC 25 Manufacture of general purpose machinery
JSIC 27 Manufacture of business oriented machinery
JSIC 28 Electronic parts, devices and electronic circuits
JSIC 29 Manufacture of electrical machinery, equipment and supplies
JSIC 30 Manufacture of information and communication electronics equipment
JSIC 31 Manufacture of transportation equipment JSIC 39 Information services
JSIC 90 Machine, etc. repair services, except otherwise classified
Note: The activities covered by this entry under JSIC 16, 18, 19, 21, 23, 24, 25, 27, 28, 29, 30, 31, 39 or 90 are limited to those related to aerospace industry.
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Measures:
Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 30
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 5
Aircraft Manufacturing Industry Law (Law No. 237 of 1952), Articles 2 through 5
Description:
1. A technology introduction contract between a resident and a non-resident related to the aircraft industry is subject to the prior notification requirement under the Foreign Exchange and Foreign Trade Law.
2. An enterprise which intends to produce aircraft and supply aircraft repair services is required to establish a factory related to manufacture or repair aircraft under the laws and regulations of Japan.
2 Sector: Finance
Sub-Sector: Banking Industry
Classification:
JSIC 622 Banks, except central bank
JSIC 631 Financial institutions for small-businesses
Obligations Concerned:
National Treatment (Article 2)
Measures:
Deposit Insurance Law (Law No. 34 of 1971), Article 2
Description:
The deposit insurance system only covers financial institutions which have their head offices within the jurisdiction of Japan. The deposit insurance system does not cover deposits taken by branches of foreign banks.
3 Sector: Information and Communications
Sub-Sector: Telecommunications
Industry Classification:
JSIC 3700 Head offices primarily engaged in managerial operations
JSIC 3711 Regional telecommunications, except wired broadcast telephones
JSIC 3731 Services incidental to telecommunications
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Measures:
Law concerning Nippon Telegraph and Telephone Corporation, etc. (Law No. 85 of 1984), Articles 6 and 10
Description:
1. NTT, Inc. may not enter the name and address in its register of shareholders if the aggregate of the ratio of the voting rights directly 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 representative directors of NTT, Inc., NTT EAST, Inc. and NTT WEST, Inc.
3. Any natural person who does not have Japanese nationality may not account for one-third or more of the members of the board of directors or auditors of NTT, Inc., NTT EAST, Inc. and NTT WEST, Inc.
4 Sector: Matters Related to the Nationality of a Ship
Sub-Sector:
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Measures:
Ship Law (Law No. 46 of 1899), Article 1
Description:
The Japanese nationality shall be given to a ship whose owner is 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.
5 Sector: Mining
Sub-Sector:
Industry Classification:
JSIC 05 Mining and quarrying of stone and gravel
Obligations Concerned:
National Treatment (Article 2)
Measures:
Mining Law (Law No. 289 of 1950), Chapters 2 and 3
Description:
Only a Japanese national or a Japanese legal person may have mining rights or mining lease rights.
6 Sector: Transport
Sub-Sector: Air Transport
Industry Classification:
JSIC 4600 Head offices primarily engaged in managerial operations
JSIC 4611 Air transport
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Prohibition of Performance Requirements (Article 6)
Measures:
Civil Aeronautics Law (Law No. 231 of 1952), Chapters 7 and 8
Description:
1. Permission of the Minister of Land, Infrastructure, Transport and Tourism for conducting air transport business 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 and regulations 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 one-third or more of the directors are composed of the natural persons or entities referred to in subparagraph (a), (b) or (c); or a legal person of which one-third or more of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).
In the event that an air carrier becomes 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.
2. 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 1(a) through 1(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 that such air carrier or company becomes a legal person referred to in subparagraph 1(d) by accepting such request.
3. Foreign air carriers are required to obtain permission of the Minister of Land, Infrastructure, Transport and Tourism to conduct international air transport business.
4. 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.
5. A foreign aircraft may not be used for a flight between points within Japan.
7 Sector: Transport
Sub-Sector: Air Transport
Industry Classification:
JSIC 4600 Head offices primarily engaged in managerial operations
JSIC 4621 Aircraft service, except air transport
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Measures:
Civil Aeronautics Law (Law No. 231 of 1952), Chapters 7 and 8
Description:
1. 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 and regulations 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 one-third or more of the directors are composed of the natural persons or entities referred to in subparagraph (a), (b) or (c); or a legal person of which one-third or more of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (b) or (c).
In the event that a person conducting aerial work business becomes 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.
2. A foreign aircraft may not be used for a flight between points within Japan.
8 Sector: Transport
Sub-Sector: Registration of Aircraft in the National Register
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)