Argentina - Japan BIT (2018)
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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

10 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)

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, primary and secondary education, public training, health, child care and public housing.

Existing Measures:

11 Sector: Transport

Sub-Sector: Air Transport

Industry Classification:

Obligations Concerned:

Description: Transport Air Transport National Treatment (Article 2) 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 Argentine Republic

1 Sector: All

Sub-Sector: Industry Classification:

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)

Description: The Argentine Republic (hereinafter referred to in this Schedule as "Argentina") reserves the right to adopt or maintain any measure relating to the acquisition of rural land, real estate containing or adjacent to significant and permanent water courses or lakes, and real estate located in border security areas.

Existing Measures: Law No. 26737 on Regime for the Protection of National Ownership or Possession of Rural Land Decree No. 274/2012 Decree No. 15385/44 as modified by Law No. 23554 Decree No. 32530/48

2 Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2) Description: Argentina reserves the right to adopt or maintain any measure aimed at stimulating the development of its least developed regions, in the following provinces: Catamarca, La Rioja, Tucumán, Jujuy, Corrientes, Salta, Formosa, Chaco, Misiones and Santiago del Estero.

Existing Measures:

3 Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2)

Description: All When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Argentina reserves the right to: (a) prohibit or impose limitations on the ownership of such interests or assets by investors ofJapan or their investments; or (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.

Existing Measures:

4 Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2)

Description: Argentina reserves the right to adopt or maintain any measure to grant rights or preference to indigenous peoples, minorities, vulnerable groups or groups at a social or economic disadvantage.

Existing Measures:

5 Sector: Mining and Quarrying

Sub Sector: Extraction of Crude Petroleum and Natural Gas Mining of Metal Ores

Industry Classification ISIC 0610 Extraction of crude petroleum ISIC 0620 Extraction of natural gas ISIC 0710 Mining of iron ores ISIC 721 Mining of uranium and thorium ores ISIC 0729 Mining of other non-ferrous metal ores.

Obligations concerned: National treatment (Article 2)

Description: Argentina reserves the right to adopt or maintain any measure related to the extraction of crude petroleum and natural gas and to mining of metal ores, as well as any measure related to support services for other mining and quarrying activities including mining of metal ores.

Existing measures:

6 Sector: Fishing and Aquaculture, and Navigation

Sub-Sector: Fishing Aquaculture Navigation

Industry Classification: ISIC 0311 Marine fishing ISIC 0312 Freshwater fishing ISIC 0321 Marine aquaculture ISIC 0322 Freshwater aquaculture

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)

Description: Argentina reserves the right to adopt or maintain any measure related to fishing and aquaculture and related activities, including domicile, residence and/or nationality requirements for individuals or legal entities, in connection with the exploitation of living resources in Argentine internal waters, maritime areas under its jurisdiction and its continental shelf, in accordance with applicable international law. Argentina also reserves the right to adopt or maintain regulations, including sanctions, with regard to navigation, in maritime areas subject to its jurisdiction, composition of the crew and content (fish caught, equipment and fishing gear) of vessels used in the fishing industry, which are not inconsistent with applicable rules of international law.

Existing Measures: Law No. 24922 on Federal Fishing Regime

7 Sector: Cultural Industries

Sub-Sector: Publishing Activities Motion Picture Video and Television Programme Production Sound Recording and Music Publishing Activities Programming and Broadcasting Activities

Industry Classification: ISIC 5811 ISIC 5812 Book publishing Publishing of directories and mailing lists ISIC 5813 Publishing of news papers, journals and periodical ISIC 5819 Other publishing activities ISIC 5820 Software publishing ISIC 6010 Radio broadcasting ISIC 6020 Television programming and broadcasting activities

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)

Description: Argentina reserves the right to adopt or maintain any measure that grants different treatment to its nationals based on its domestic legislation, or to nationals of other States based on international agreements, with respect to cultural industries. For the purposes of this Schedule, "cultural industries" includes: (a) the publication, distribution or sale of books, magazines, periodicals or newspapers in print or electronic format, but not including the sole activity of printing or typesetting any of the foregoing; (b) the production, distribution, sale or exhibition of film or video in any existing format; (c) the production, distribution, sale or communication to the public of music in any existing format; and (d) radiocommunications in which the transmissions are intended for direct reception by the general public, and all radio, television, cable and Internet broadcasting activities.

Existing Measures:

8 Sector: Nuclear Energy

Sub-Sector: Nuclear Energy Generation Nuclear Fuel Production and Supply Nuclear Materials Treatment and Disposal ofRadioactive Waste Radioisotope and Radiation Generating Facilities

Industry Classification:

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)

Description: Argentina reserves the right to adopt or maintain any measure relating to the generation of nuclear energy, nuclear fuel production and supply, nuclear materials, treatment and disposal of radioactive waste, and radioisotope and radiation generating facilities.

Existing Measures:

9 Sector: Manufacturing

Sub-Sector: Existing Measures: Agricultural Equipment Manufacturing, n.e.c. Oil and Gas Equipment Manufacturing, n.e.c. Medical Equipment Manufacturing, n.e.c. Manufacture of computer, electronic and optical products Manufacture of electrical equipment Manufacture of machinery and equipment n.e.c.

Industry Classification: ISIC 2660 Manufacture of irradiation, electromedical and electrotherapeutic equipment ISIC 2710 Manufacture of electric motors, generators, transformers and electricity distribution and control apparatus ISIC 2811 Manufacture of engines and turbines, except aircraft, vehicle and cycle engines ISIC 2821 Manufacture of agricultural and forestry machinery ISIC 2824 Manufacture of machinery for mining, quarrying and construction. (1)

Obligations Concerned: National Treatment (Article 2)

Description: Argentina reserves the right to adopt or maintain any measure relating to the promotion and incentive of the domestic production of agricultural equipment, oil and gas equipment and medical equipment.

(1) The activities related to manufacture of machinery for the extraction of oil and gas are concerned regarding ISIC 2824 under this entry.

10 Sector: Human Health

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2)

Description: Argentina reserves the right to adopt or maintain any measure aimed at protecting public health and, in particular, access by individuals to pharmaceutical drugs.

Existing Measures:

11 Sector: Biotechnology

Sub-Sector: Scientific Research and Development

Industry Classification:

Obligations Concerned: National Treatment (Article 2)

Description: Argentina reserves the right to adopt or maintain any measure in the fields of biotechnology, such as human, plant and animal health, agricultural biotechnology and industrial processing.

Existing Measures:

12 Sector: Trade in Services

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)

Description: Argentina reserves the right to adopt or maintain any measure in all sectors and subsectors not committed or committed but unbound in Argentina's Schedule of Specific Commitments under the GATS. Argentina also reserves the right to adopt or maintain any measure in all sectors and subsectors committed with limitations in that Schedule and to the extent of those limitations. Argentina also reserves the right to adopt any measure in sectors and subsectors included in its List ofArticle II (MFN) Exemptions under the GATS and to the extent of the exemptions.

Existing Measures:

Previous page Page 4
  • Chapter   I Investment 1
  • Article   1 Definitions 1
  • Article   2 National treatment 1
  • Article   3 Most-favoured-nation treatment 1
  • Article   4 Minimum standard of treatment 1
  • Article   5 Access to the courts of justice 1
  • Article   6 Relation to the wto agreement 1
  • Article   7 Non-conforming measures 1
  • Article   8 Transparency 1
  • Article   9 Measures against corruption 1
  • Article   10 Entry, sojourn and residence of investors 1
  • Article   11 Expropriation and compensation 1
  • Article   12 Treatment in case of armed conflict, civil strife, state ofnational emergency or any other similar event 1
  • Article   13 Subrogation 1
  • Article   14 Transfers 1
  • Article   15 General exceptions 2
  • Article   16 Security measures 2
  • Article   17 Corporate social responsibility 2
  • Article   18 Temporary safeguard measures 2
  • Article   19 Taxation measures 2
  • Article   20 Prudential measures 2
  • Article   21 Intellectual property rights 2
  • Article   22 Health, safety and environmental measures and labour standards 2
  • Article   23 Denial of benefits 2
  • Chapter   II Dispute settlement 2
  • Section   1 Settlement of disputes between the contracting parties 2
  • Article   24 Settlement of disputes between the contracting parties 2
  • Section   2 Settlement of investment disputes between a contracting party and an investor of the other contracting party 2
  • Article   25 General provisions 2
  • Article   26 Selection of arbitrators 2
  • Article   27 Conduct of arbitration 2
  • Article   28 Consolidation of proceedings 3
  • Section   3 Service of documents 3
  • Article   29 Service of documents 3
  • Chapter   III Joint committee 3
  • Article   30 Joint committee 3
  • Chapter   IV Final provisions 3
  • Article   31 Review 3
  • Article   32 Final provisions 3
  • I  Sectors, sub-sectors or matters referred to in subparagraph 1(a) of article 7 3
  • II  Non-conforming measures referred to in paragraph 3 of article 7  3
  • Schedule of japan 3
  • Schedule of the argentine republic 4