Description:
The prior notification requirement and screening procedures under the Foreign Exchange and Foreign Trade Law apply to foreign investors who intend to make investments in Japan when:
(a) an investment which a foreign investor intends to make may undermine the national security, disturb the maintenance of public order, or hinder the protection of public safety; or
(b) a foreign investor intends to make an investment in an industry included in Japan’s reservations to the OECD Code of Liberalisation of Capital Movements lodged in accordance with paragraph (b) of Article 2 of the Code.
Note: For the purposes of this entry, the term “the OECD Code of Liberalisation of Capital Movements” means the Code of Liberalisation of Capital Movements adopted by the Council of the Organisation for Economic Co-operation and Development on 12 December 1961, as revised or amended.
Existing Measures:
Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 28
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 4
7 Sector: Aerospace Industry
Sub-Sector: Space Industry
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in space industry.
Existing 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
8 Sector: Arms and Explosives Industry
Sub-Sector: Arms Industry
Explosives Manufacturing Industry
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in arms industry and explosives manufacturing industry.
Existing 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
9 Sector: Education and Learning Support
Sub-Sector: Primary and Secondary Educational Services
Industry Classification:
JSIC 811 Kindergartens
JSIC 812 Elementary schools
JSIC 813 Lower secondary schools, compulsory education schools
JSIC 814 Upper secondary schools, secondary schools JSIC 815 Schools for special needs education
JSIC 819 Integrated centres for early childhood education and care
Obligations Concerned:
National Treatment (Article 2)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in 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
Law concerning Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children (Law No. 77 of 2006)
10 Sector: Energy
Sub-Sector: Electricity Utility Industry Gas Utility Industry
Nuclear Energy Industry
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in the energy industry listed in the “Sub-Sector” element.
Existing 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
11 Sector: 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
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 fisheries in the territorial sea, internal waters, exclusive economic zone and continental shelf of Japan.
For the purposes of this entry, the term “fisheries” means the work of taking and cultivation of aquatic resources, including the following fisheries related activities:
(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:
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 through 12 and 14
12 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
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure relating to investment in broadcasting industry.
Existing Measures:
Radio Law (Law No. 131 of 1950), Chapter 2
Broadcast Law (Law No. 132 of 1950), Chapters 5 and 8
13 Sector: Land Transaction
Sub-Sector:
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Most-Favoured-Nation Treatment (Article 3)
Description:
With respect to the acquisition or lease of land properties in Japan, prohibitions or restrictions may be imposed.
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:
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 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, child care and public housing.
Existing Measures:
15 Sector: Transport
Sub-Sector: Air Transport
Industry Classification:
Obligations Concerned:
National Treatment (Article 2)
Prohibition of Performance Requirements (Article 6)
Description:
Japan reserves the right to adopt or maintain any measure with respect to investment in airports or airport operation services.
For the purposes of this entry, the term “airport operation services” means the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services.
Existing Measures:
Schedule of the Republic of Tajikistan
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, the Republic of Tajikistan reserves the right to:
(a) prohibit or impose limitations on the ownership of such interests or assets by investors of Japan or their investments;
(b) impose limitations on the ability of investors of Japan 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, members of the board of directors or employees of any resulting enterprise.
Existing Measures:
2 Sector: All
Sub-Sector: