Measures:
Civil Aeronautics Law (Law No. 231 of 1952), Chapter 2
Description:
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 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).
2. A foreign aircraft may not be registered in the national register.
9 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 Freight transport, except collect-and-deliver freight transport
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Prohibition of Performance Requirements (Article 6)
Measures:
Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2 through 4
Enforcement Regulation of Freight Forwarding Business Law (Ministerial Ordinance of the Ministry of Transport No. 20 of 1990)
Description:
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 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).
10 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 Freight transport, except collect-and-deliver freight transport
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Prohibition of Performance Requirements (Article 6)
Measures:
Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2 through 4
Enforcement Regulation of Freight Forwarding Business Law (Ministerial Ordinance of the Ministry of Transport No. 20 of 1990)
Description:
1. The following natural persons or entities may not conduct freight forwarding business 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 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).
2. The natural persons or entities referred to in paragraph 1 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 air transportation. Such registration shall be made, or such permission or approval shall be granted, on the basis of reciprocity.
11 Sector: Transport
Sub-Sector: Water Transport
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Measures:
Ship Law (Law No. 46 of 1899), Article 3
Description:
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 the ports in Japan which are not open to foreign commerce and from carrying cargoes or passengers between ports in Japan.
Schedule of the Republic of Tajikistan
1 Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: Prohibition of Performance Requirements (Article 6)
Measures: Law of the Republic of Tajikistan on Migration (Law No. 881of 1999), Articles 7 and 9, and related decrees of the Presidentof the Republic of Tajikistan
Description: The number of employees who have foreign nationality in theterritory of the Republic of Tajikistan may be restricted byquota approved by the President of the Republic of Tajikistanand the relevant executive authority, for immigration control.
Annex II. Non-Conforming Measures referred to in paragraph 2 of Article 7
1. The Schedule of a Contracting Party sets out, pursuant to paragraph 2 of Article 7, the specific sectors, sub-sectors or activities for which that Contracting Party may maintain existing, or adopt new or more restrictive, measures that do not conform with 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 paragraph 2 of Article 7, do not apply to the sectors, sub-sectors or activities listed in the entry;
(e) “Description” sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry; and
(f) “Existing Measures”, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors or activities covered by the entry.
3. In the interpretation of an entry, all elements of the entry shall be considered. The “Description” element shall prevail over all other elements.
4. For the purposes of this Annex:
(a) 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; and
(b) the term “CPC” means the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
Schedule of Japan
1 Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Description:
When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Japan reserves the right to:
(a) prohibit or impose limitations on the ownership of such interests or assets by investors of the Republic of Tajikistan or their investments;
(b) impose limitations on the ability of investors of the Republic of Tajikistan or their investments as owners of such interests or assets to control any resulting enterprise; or
(c) adopt or maintain any measure relating to the nationality of executives, managers or members of the board of directors of any resulting enterprise.
Existing Measures:
2 Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in telegraph services, betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes, minting and sale of coinage and postal services in Japan.
Existing Measures:
3 Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned:
Most-Favoured-Nation Treatment (Article 3)
Description:
Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Existing Measures:
4 Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Description:
National Treatment and Most-Favoured-Nation Treatment may not be accorded to investors of the Republic of Tajikistan and their investments with respect to subsidies.
Existing Measures:
5 Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Prohibition of Performance Requirements (Article 6)
Description:
1. Japan reserves the right to adopt or maintain any measure relating to investment in industries other than those recognised or other than those that should have been recognised by the Government of Japan owing to the circumstances on the date of entry into force of this Agreement.
2. Any industries classified positively and explicitly in JSIC or CPC, on the date of entry into force of this Agreement should have been recognised by the Government of Japan on that date.
3. Japan reserves the right to adopt or maintain any measure relating to investment in industries which were not technically feasible on the date of entry into force of this Agreement.
Existing Measures:
6 Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)