Sub-Sector: Water transport services and shipping
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Level of Government: Central
Measures: Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V) Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II and IV (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II y IV) Decree 90 of the Ministry of Labour and Social Welfare, Official Gazette, January 21, 2000 (Decreto 90 del Ministerio de Trabajo y Previsión Social, Diario Oficial, enero 21, 2000) Decree 49 of the Ministry of Labour and Social Welfare, July 16, 1999 (Decreto 49 del Ministerio de Trabajo y Previsión Social, Diario Oficial, julio 16, 1999) Labour Code, Book I, Title II, Chapter III, paragraph 2 (Código del Trabajo, Libro I, Título II, Capítulo III, párrafo 2)
Description: Investment and Cross-Border Trade in Services
Shipping agents or representatives of ship operators, owners or captains, whether they are natural or juridical persons, shall be required to be Chilean. Work of stowage and dockage performed by natural persons is reserved to Chileans who are duly accredited by the corresponding authority to carry out such work and have an office established in Chile. Whenever these activities are carried out by juridical persons, they must be legally constituted in Chile and have their principal domicile in Chile. The chairman, administrators, managers or directors must be Chilean. At least 50 per cent of the corporate capital must be held by Chilean natural or juridical persons. Such enterprises shall designate one or more empowered agents, who will act in their representation and who shall be Chilean nationals. Anyone unloading, transshipping and, generally, using continental or insular Chilean ports, particularly for landing fish catches or processing fish catches on board, shall also be required to be a Chilean natural or juridical person.
Sector: Transportation
Sub-Sector: Land transportation
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Local Presence (Article 10.6)
Level of Government: Central
Measures: Supreme Decree 212 of the Ministry of Transport and Telecommunications, Official Gazette, November 21, 1992 (Decreto Supremo 212 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, noviembre 21, 1992) Decree 163 of the Ministry of Transport and Telecommunications, Official Gazette, January 4, 1985 (Decreto 163 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, enero 4, 1985) Supreme Decree 257 of the Ministry of Foreign Affairs, Official Gazette, October 17, 1991 (Decreto Supremo 257 del Ministerio de Relaciones Exteriores, Diario Oficial, octubre 17, 1991)
Description: Cross-Border Trade in Services
Land transportation service suppliers shall register in the National Registry by submitting an application to the Regional Secretary of Transport and Telecommunications (Secretaría Regional Ministerial del Ministerio de Transportes y Telecomunicaciones). In the case of urban services, applicants shall submit the application to the Regional Secretary responsible for the area in which the service is to be supplied and, in the case of rural and interurban services, in the region where the applicant is domiciled. The application shall provide the detailed information required by law, attaching thereto, among other documents, a properly certified photocopy of the National Identity Card and, in the case of juridical persons, the public instruments accrediting its constitution and name and the domicile of its legal representative and documents evidencing such capacity. Foreign natural and juridical persons qualified to supply international transportation services in Chilean territory cannot supply local transportation services or participate in any manner whatsoever in the said activities in the national territory. Only companies with actual and effective domicile in Chile and organised under the laws of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay shall be authorised to supply international land transportation services between Chile and Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay. Furthermore, to obtain an international land transport permit, in the case of foreign juridical persons, more than 50 per cent of its corporate capital and effective control shall be held by nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.
Sector: Transportation
Sub-Sector: Land transportation
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: Law 18.290, Official Gazette, February 7, 1984, Title IV (Ley 18.290, Diario Oficial, febrero 7, 1984, Título IV) Supreme Decree 485 of the Ministry of Foreign Affairs, Official Gazette, September 7, 1960, Geneva Convention (Decreto Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial, septiembre 7, 1960, Convención de Ginebra)
Description: Cross-Border Trade in Services
Motor vehicles bearing foreign licence plates that enter Chile on a temporary basis, pursuant to provisions set forth in the 1949 Geneva Convention on Road Traffic, shall circulate freely throughout the national territory for the period established therein, provided that they comply with the requirements established by Chilean law. Holders of valid international driving licences or certificates issued in a foreign country in accordance with the Geneva Convention may drive anywhere within the national territory. The driver of a vehicle bearing foreign licence plates who holds an international driver’s licence shall present, upon request by the authorities, the documents certifying both the roadworthiness of the vehicle and the use and validity of his or her personal documents.
SCHEDULE OF JAPAN
INTRODUCTORY NOTES
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 the Chapters against which the entry is taken, and the Measures element shall prevail over all the other elements.
Sector: Agriculture, Forestry and Fisheries (Plant Breeder’s Rights)
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5)
Level of Government: Central
Measures: Seeds and Seedlings Law (Law No. 83 of1998), Article 10
Description: Investment
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 rightsor 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 party tothe 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;
(b)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 party tothe 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 “UPOV1978”), or a country in relation with which Japan shall apply UPOV1978in accordance with paragraph (2) of Article 34 of UPOV 1978, and further provides the protection for the plant genus and species to which the person’s applied variety belongs; or
(c)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 plant breeder’s rights or related rights for the nationals of that country), and further provides the protection for the plant genus and species to which the person’s applied variety belongs.
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 at Annex II–JAPAN–12)
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27 (1), Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: Investment
1. 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 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 at Annex II –JAPAN–12) in Japan.
2. The screening is conducted from the viewpoint of whether the investment is likely to cause a situation in which significant adverse effect is brought to the smooth operation of the Japanese economy. (2)
3. The investor may be required to alter the content of the investment or discontinue the investment process, depending on the screening result.
Sector: Automobile Maintenance Business
Sub-Sector: Motor vehicle disassembling repair business
Industry Classification:
Obligations Concerned: Market Access (Article 10.5), Local Presence (Article 10.6)
Level of Government: Central
Measures: Road Vehicle Law (Law No. 185 of 1951), Chapter 6
Description: Cross-Border Trade in Services
A person who intends to conduct motor vehicle disassembling repair businesses is required to establish a workplace in Japan and to obtain approval from the Director-General of the District Transport Bureau having jurisdiction over the district where the workplace is located.
Sector: Business Services
Sub-Sector:
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Employment Security Law (Law No. 141 of 1947), Chapter 3 and Chapter 3-3
Law Concerning Securing the Proper Operation of Worker Dispatching Undertakings and Protecting Dispatched Workers (Law No. 88 of 1985), Chapter 2
Port Labour Law (Law No. 40 of 1988), Chapter 4
Mariner’s Employment Security Law (Law No. 130 of 1948), Chapter 3
Law Concerning the Improvement of Employment of Construction Workers (Law No. 33 of 1976), Chapter 5 and Chapter 6
Description: Cross-Border Trade in Services
A person who intends to supply the following services for enterprises in Japan is required to have an establishment in Japan and to obtain permission from, or to submit notification to, the competent authority, as applicable:
(a) private job placement services including fee-charging job placement services for construction workers; or
(b) worker dispatching service including stevedore dispatching services, mariner dispatching services and work opportunities securing services for construction workers.
Labour supply services may be supplied only by a labour union which has obtained permission from the competent authority pursuant to the Employment Security Law or Mariner’s Employment Security Law.
Sector: Collection Agency Services
Sub-Sector:
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Special Measures Law Concerning Credit Management and Collection Business (Law No. 126 of 1998),Article 3 and Article 4
Attorney Law (Law No. 205 of 1949), Article 72 and Article 73
Description: Cross-Border Trade in Services
A person who intends to supply collection agency services which constitute the practice of law in respect of legal cases is required to be qualified as an attorney at law under the laws and regulations of Japan (Bengoshi), a legal professional corporation under the laws and regulations of Japan (Bengoshi-hojin), or an enterprise established under theSpecial Measures Law Concerning Credit Management and Collection Businessand to establish an office in Japan.
No person may take over and recover another person’s credits as business except an enterprise established under the Special Measures Law Concerning Credit Management and Collection Business that handles credits pursuant to provisions of that law.
Sector: Construction
Sub-Sector:
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Construction Business Law (Law No. 100 of 1949), Chapter 2
Law Concerning Recycling of Construction Materials (Law No. 104 of 2000), Chapter 5
Description: Cross-Border Trade in Services
1. A person who intends to conduct construction business is required to establish a place of business in Japan and to obtain permission from the Minister of Land, Infrastructure, Transport and Tourism or from the prefectural governor having jurisdiction over the district where the place of business is located.
2. A person who intends to conduct demolition work business is required to establish a place of business in Japan and to be registered with the prefectural governor having jurisdiction over the district where the place of business is located.
Sector: Distribution Services
Sub-Sector: Wholesale trade services, retailing services, commission agents’ services, related to alcoholic beverages
Industry Classification:
Obligations Concerned: Market Access (Article 10.5)
Level of Government: Central
Measures: Liquor Tax Law (Law No. 6 of 1953), Article 9, Article 10 and Article 11
Description: Cross-Border Trade in Services
The number of licences conferred to service suppliers in the listed sub-sectors may be limited, where it is necessary to maintain a supply-demand balance of liquors in order to secure liquor tax revenue (paragraph 11 of Article 10 of theLiquor Tax Law).
Sector: Distribution Services
Sub-Sector: Wholesale trade services supplied at public wholesale market
Industry Classification:
Obligations Concerned: Market Access (Article 10.5)
Level of Government: Central
Measures: Wholesale Market Law (Law No. 35 of 1971), Article 9, Article 10, Article 15, Article 17 and Article 33
Description: Cross-Border Trade in Services
The number of licences conferred to wholesale trade service suppliers at public wholesale markets may be limited, in cases where the public wholesale markets set the maximum number of the suppliers in order to secure the proper and sound operation of the public wholesale markets.
Sector: Education, Learning Support
Sub-Sector: Higher educational services
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
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
Description: Cross-Border Trade in Services
Higher educational services supplied as formal education in Japan must be supplied by formal education institutions. Formal education institutions must be established by school juridical persons.
“Formal education institutions” means elementary schools, lower secondary schools, secondary schools, compulsory education school, upper secondary schools, universities, junior colleges, colleges of technology, special support schools, kindergartens and integrated centres for early childhood education and care.
“School juridical person” means a non-profit juridical person established for the purposes of supplying educational services under the law of Japan.
Sector: Heat Supply
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Foreign Exchange and Foreign Trade Law(Law No. 228 of 1949), Article 27 (3)
Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: Investment
1. 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 the heat supply industry in Japan.
2. The screening is conducted from the viewpoint of whether the investment is likely to cause a situation in which national security is impaired, the maintenance of public order is disturbed, or the protection of public safety is hindered.
3. The investor may be required to alter the content of the investment or discontinue the investment process, depending on the screening result.
Sector: Information and Communications
Sub-Sector: Telecommunications
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Law Concerning Nippon Telegraph and Telephone Corporation, Etc. (Law No. 85 of 1984), Article 6 and Article 10
Description: Investment
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 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 director or auditor of Nippon Telegraph and Telephone Corporation, Nippon Telegraph and Telephone East Corporation and Nippon Telegraph and Telephone West Corporation.
Sector: Information and Communications
Sub Sector: Telecommunications and internet based services
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27 (4) Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: Investment
1. 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 telecommunications business and internet based services in Japan.
2. The screening is conducted from the viewpoint of whether the investment is likely to cause a situation in which national security is impaired, the maintenance of public order is disturbed, or the protection of public safety is hindered.