5. This Agreement shall not apply to claims arising out of events which occurred prior to its entry into force.
6. The Annexes to this Agreement shall form an integral part of this Agreement.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE in duplicate at Yerevan, on this fourteenth day of February, 2018 in the English language.
FOR JAPAN:
FOR THE REPUBLIC OF ARMENIA:
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 l(a) of Article 7, its existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 2;
(b) Article 3; or
(c) Article 6.
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 October 30, 2013.
5. For the purposes of this Annex, the term "Classification of Economic Activity HD-011-2013" means Armenian Classification of Types of Economic Activity set out by the Ministry of Economy of the Republic of Armenia on September 19, 2013.
Schedule of Japan
1.
Sub-Sector: Agriculture, Forestry and Fisheries (Plant Breeder's Rights)
Industry Classification: JSIC 0119 Miscellaneous crop farming JSIC 0243 Forest tree saplings nursery services JSIC 0413 Seaweed aquaculture JSIC 0415 Seed aquaculture
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)
Measures: Seeds and Seedlings Law (Law No. 83 of 1998), Article 10
Description: A foreign person who has neither a domicile nor residence (nor the place of business, in the case of a legal person) in Japan cannot enjoy plant breeder's rights or related rights except in any of the following cases:
(a) where the country of which the person is a national or the country in which the person has a domicile or residence (or its place of business, in the case of a legal person) is a contracting party to the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as Revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991;
where the country of which the person is a national or the country in which the person has a domicile or residence (or its place of business, in the case of a legal person) is a contracting party to the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as Revised at Geneva on November 10, 1972, and on October 23, 1978 (hereinafter referred to in this Annex as "the 1978 UPOV Convention"), or a country in relation with which Japan shall apply the 1978 UPOV Convention in accordance with paragraph (2) of Article 34 of the 1978 UPOV Convention, and further provides the protection for plant genus and species to which the personâs applied variety belongs; or
where the country of which the person is a national provides Japanese nationals with the protection of varieties under the same condition as its own nationals (including a country which provides such protection for Japanese nationals under the condition that Japan allows enjoyment of the plant breeder's rights or related rights for the nationals of that country), and further provides the protection for plant genus and species to which the person's applied variety belongs.
2.
Sector: Agriculture, Forestry and Fisheries, and Related Services (except Fisheries within the Territorial Sea, Internal Waters, Exclusive Economic Zone and Continental Shelf provided for in the entry No. 8 in the Schedule of Japan in Annex II)
Sub-Sector:
Industry Classification: JSIC O01 Agriculture JSIC 02 Forestry JSIC 03 Fisheries, except aquaculture JSIC 04 Aquaculture JSIC 6324 Agricultural cooperatives JSIC 6325 Fishery and fishery processing cooperatives JSIC 871 Agriculture, forestry and fisheries cooperative associations, n.e.c.
Obligations Concerned: National Treatment (Article 2)
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: The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in agriculture, forestry and fisheries, and related services (except fisheries within the territorial sea, internal waters, exclusive economic zone and continental shelf provided for in the entry No. 8 in the Schedule of Japan in Annex II) in Japan.
3.
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.
4.
Sector: Heat Supply
Sub-Sector:
Industry Classification: JSIC 3511 Heat supply
Obligations Concerned: National Treatment (Article 2)
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: The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in the heat supply industry in Japan.
5.
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. 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 member of the board of directors or auditor of Nippon Telegraph and Telephone Corporation, Nippon Telegraph and Telephone East Corporation and Nippon Telegraph and Telephone West Corporation.
6.
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 Services incidental to Internet Note: The activities covered by this entry 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).
Obligations Concerned: National Treatment (Article 2)
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: 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.
7.
Sector: Manufacturing
Sub-Sector: Drugs and Medicines Manufacturing
Industry Classification: JSIC 1653 Biological preparations
Obligations Concerned: National Treatment (Article 2)
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: The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in biological preparations manufacturing industry in Japan. For greater certainty, âbiological preparations manufacturing industryâ deals with economic activities in an establishment which mainly produces vaccine, serum, toxoid, antitoxin or some preparations similar to the aforementioned products, or blood products.
8.
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 and industrial leather products, except gloves and mittens JSIC 2031 Cut stock and findings for leather footwear JSIC 2041 Leather footwear JSIC 2051 Leather gloves and mittens JSIC 2061 Baggage JSIC 207 Handbags and small cases JSIC 2081 Fur skins JSIC 2099 Miscellaneous tanning leather products JSIC 3253 Sporting and athletic goods
Note 1: The activities covered by this entry under JSIC 1189 or 3253 are limited to the activities related to leather and leather products manufacturing.
Note 2: The activities covered by this entry under JSIC 1694 are limited to the activities related to animal glue (nikawa) and gelatine manufacturing.
Obligations Concerned: National Treatment (Article 2)
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: The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in leather and leather products manufacturing industry in Japan.
9.
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 Japanese laws and regulations, of which all the representatives and not less than two-thirds of the executives administering the affairs are Japanese nationals.
10.
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.
11.
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, except refrigerated warehousing JSIC 4721 Refrigerated warehousing JSIC 5331 Petroleum JSIC 6051 Gasoline stations JSIC 6052 Fuel stores, except gasoline stations JSIC 9299 Miscellaneous business services, n.e.c.
Note 1: The activities covered by this entry under JSIC 1741, 1799, 4711, 4721 or 6052 are limited to those related to oil industry.
Note 2: The activities covered by this entry under JSIC 9299 are limited to those related to liquefied petroleum gas industry.
Obligations Concerned: National Treatment (Article 2)
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: 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, the prior notification under the Foreign Exchange and Foreign Trade Law is not required for the investments in the manufacture of these products.
12.
Sector: Security Guard Services
Sub-Sector:
Industry Classification: JSIC 923 Guard services
Obligations Concerned: National Treatment (Article 2)
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: The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in security guard services in Japan.
13.
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: 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;Civil Aeronautics Law (Law No. 231 of 1952), Chapters 7 and 8
Description:
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in air transport business in Japan.
2. 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 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.
3. 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 2(a) through 2(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 2(d) by accepting such request.
4. Foreign air carriers are required to obtain permission of the Minister of Land, Infrastructure, Transport and Tourism to conduct international air transport business.
5. 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.
6. A foreign aircraft may not be used for a flight between points within Japan.
14.
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: 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 Civil Aeronautics Law (Law No. 231 of 1952), Chapters 7 and 8
Description:
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in aerial work business in Japan.