2. 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 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.
3. A foreign aircraft may not be used for a flight between points within Japan.
15.
Sector: Transport
Sub-Sector: Air Transport (Registration of Aircraft in the National Register)
Industry Classification:
Obligations Concerned: National Treatment (Article 2) Prohibition of Performance Requirements (Article 6)
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 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.
16.
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 permitted, 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 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).
17.
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 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 permitted, or such permission or approval shall be granted, on the basis of reciprocity.
18.
Sector: Transport
Sub-Sector: Railway Transport
Industry Classification: JSIC 421 Railway transport JSIC 4851 Railway facilities 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:
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in railway transport industry in Japan.
2. The manufacture of vehicles or parts and components for the railway transport industry is not included in railway transport 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.
19.
Sector: Transport
Sub-Sector: Road Passenger Transport
Industry Classification: JSIC 4311 Common omnibus operators
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:
1. The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in omnibus industry in Japan.
2. The manufacture of vehicles or parts and components for omnibus industry is not included in omnibus 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.
20.
Sector: Transport
Sub-Sector: Water Transport
Industry Classification: JSIC 452 Coastwise transport JSIC 453 Inland water transport JSIC 4542 Coastwise ship leasing
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 water transport industry in Japan. For greater certainty, âwater transport industryâ refers to oceangoing/ seagoing transport, coastwise transport (i.e. maritime transport between ports in Japan), inland water transport and ship leasing industry. However, oceangoing/ seagoing transport industry and ship leasing industry excluding coastwise ship leasing industry are exempted from the prior notification requirement.
21.
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 laws and regulations of Japan, or international agreements to which Japan is a party, ships not flying the Japanese flag are prohibited from entering ports in Japan which are not open to foreign commerce and from carrying cargoes or passengers between ports in Japan.
22.
Sector: Water Supply and Waterworks
Sub-Sector:
Industry Classification: JSIC 3611 Water for end users, except industrial users
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 water supply and waterworks industry in Japan.
Schedule of the Republic of Armenia
1.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2)
Measures: Schedule of Specific Commitments in Service under the WTO Agreement (GATS/SC/137,2004(I. Horizontal Commitments) )
Description: Only legal entities constituted under Armenian legislation are eligible for subsidisation, irrespective of their capital ownership.
2.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2)
Measures: Constitution as amended in 2015, Article 60; Land Code (Law no. HO-185 of 2001), Article 4
Description: Foreign nationals and stateless persons shall not enjoy the right of ownership and obtain property rights over land, except for the cases prescribed by law.
3.
Sector: Transportation and Storage Facilities
Sub-Sector: Air Transport Activities
Industry Classification: Classification of Economic Activity HD-011-2013 51- Air Transport Activities
Obligations Concerned: National Treatment (Article 2)
Measures: Law "On Aviation" (Law no. HO-81-N of 2007), Article 43
Description: For the purpose of the air transport flights safety, the authorised body for the technical regulation issues an air operator certificate in accordance with procedure established by the Government of the Republic of Armenia, exclusively:
(a) to the legal entities registered in the Republic of Armenia, with at least 51 percent shares owned by the nationals of the Republic of Armenia and/or to legal entities established and registered in the Republic of Armenia; and
(b) to authorised bodies of the Government of the Republic of Armenia.
In the interests of the Republic of Armenia, the authorised body for the technical regulation can apply exceptions from the abovementioned terms, if there are special reasons and the air operator will be based in the Republic of Armenia.
4.
Sector: Transportation and Storage Facilities
Sub-Sector: Air Transport Activities
Industry Classification: Classification of Economic Activity HD-011-2013 51- Air Transport Activities
Obligations Concerned: Prohibition of Performance Requirements (Article 6)
Measures: Law "On Aviation" (Law no. HO-81-N of 2007), Article 35
Description: The crew members of aircrafts registered in the Republic of Armenia shall be nationals of the Republic of Armenia, unless authorised body makes another decision as an exception.
5.
Sector: Culture, Leisure and Recreation Gambling-related Activities
Sub-Sector:
Industry Classification: Classification of Economic Activity HD-011-2013 92.00.3- Organisation of Lottery Activities
Obligations Concerned: National Treatment (Article 2)
Measures: Law "On Lotteries" (Law no. HO-3-N of 2003), Article 4
Description: Only commercial organisations, the founders of which are nationals of the Republic of Armenia and/or legal entities established in the Republic of Armenia, can operate lotteries in the Republic of Armenia.
6.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 2)
Measures: Government Decree no. 1441-N of 2011, Annex 2, paragraph 3
Description: In the Republic of Armenia, only the nationals of the Republic of Armenia who have received a certification of qualification from the state authorised body can do cartography, geodesy, measurement and land management.
7.
Sector: Professional, Scientific and Technical Activities
Sub-Sector: Legal Activities
Industry Classification: Classification of Economic Activity HD-011-2013 69.1- Legal Activities
Obligations Concerned: National Treatment (Article 2)
Measures: Law "On Notary" (Law no. HO-274 of 2001), Article 10
Description: Only the nationals of the Republic of Armenia can be assigned to the position of the notary.
8.
Sector: Administrative and Auxiliary Activities
Sub-Sector: Security and Investigations
Industry Classification: Classification of Economic Activity HD-011-2013 80.1- Private Security Activities
Obligations Concerned: National Treatment (Article 2)
Measures: Law "On Private Security Activities" (Law no. HO-6-N of 2012), Article 12
Description: Only the nationals of the Republic of Armenia have the right to obtain the status of bodyguard and guard and to exercise the functions of bodyguard and guard (including use of weapons and special means).
9.
Sector: Information and Communication
Sub-Sector: Production of Film, Video Television Programs, Musical and Other Audio Recording, Organising and Broadcasting of Television and Radio Programs
Industry Classification: Classification of Economic Activity HD-011-2013 60- Organising and Broadcasting of Television and Radio Programs
Obligations Concerned: National Treatment (Article 2) Most-Favoured-Nation Treatment (Article 3)
Measures: Law "On Television and Radio" (Law no. HO-97 of 2000), Articles 16 and 55.1
Description: A private multiplexor shall be a legal entity established in the Republic of Armenia. The share of participation of foreign capital shall not be more than or equal to 50 percent of the shares required for adoption of decisions of the private multiplexor, and the television and radio company. A larger share can be defined by international agreements.