Sub-Sector: Road Passenger Transport
Industry Classification: JSIC 4311 Common omnibus operators
Type of Reservation: National Treatment (Article 3)
Level of Government: Central Government
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 omnibus industry in Japan. The manufacture of vehicles, parts and components for omnibus industry is not included in omnibus industry. Therefore, 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
Type of Reservation: National Treatment (Article 3)
Level of Government: Central Government
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 transport industry in Japan. For greater certainty, "water transport industry" refers to oceangoing/ seagoing transport, coastwise transport (i.e. maritime transport between ports within 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: Transport Water
Industry Classification:
Type of Reservation: National Treatment (Article 3) Most-Favored-Nation Treatment (Article 4)
Level of Government: Central Government
Measures: Ship Law (Law No. 46 of 1899), Article 3
Description: Unless otherwise specified in the laws and regulations of Japan, or international agreements to which Japan is a party, ships not flying the Japanese flag are prohibited from entering Japanese ports which are not open to foreign commerce and from carrying cargoes or passengers between Japanese ports.
22. Sector: Water Supply and Waterworks
Sub-Sector:
Industry Classification: JSIC 3611 Water for end users, except industrial users
Type of Reservation: National Treatment (Article 3)
Level of Government: Central Government
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 Oriental Republic of Uruguay
1. Sector: Fisheries
Sub-Sector:
Type of Reservation:
Level of Government: Central Government
Measures: National Treatment (Article 3) Performance Requirements (Article 8) Senior Management and Boards of Directors (Article 9) Ley Nº 13.833 Ley Nº 14.650 Ley Nº 18.498 Ley Nº 19.175 Decreto Nº 149/997 Decreto Nº 233/004
Description: Commercial fishing, including marine hunting activities, performed in internal waters and in the territorial sea within a distance of twelve (12) miles, measured from the base lines, are reserved exclusively to licensed Uruguayan-flagged vessels, without prejudice to arrangements in international agreements concluded by the Oriental Republic of Uruguay (hereinafter referred to in this Schedule as "Uruguay") on the basis of reciprocity. Such vessels must be commanded by captains, merchant marine officials, or fishing masters that are Uruguayan nationals and at least ninety (90) percent of the crew of such vessels must be Uruguayan nationals. This percentage could be altered in compliance with international agreements. The crew of fishing vessels licensed in Uruguay that operate exclusively in international waters, must have a minimum of seventy (70) percent of Uruguayan nationals. Commercial foreign-flagged vessels are only allowed to fish and hunt between the twelve (12) miles area referred to in the first paragraph and two hundred (200) nautical miles, subject to authorization of the Executive Branch, as recorded in the registry maintained by the Dirección Nacional de Recursos Acuáticos. Before starting their activities, they must obtain a license and a permit. The authorization to exercise all fishery related activities, including industrialization and trading shall be granted by the Executive Branch. In the event of national institutions or individuals, all Uruguayan-flagged vessels are exempted from the payment of permits and inspections provided for scientific fishing and hunting. The processing and industrialization of fish may be subject to a requirement that the fish be totally or partially processed in Uruguay.
2. Sector: Communications
Sub-Sector: Print Media
Type of Reservation: Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Ley Nº 16.099 (Article 6)
Description: Only Uruguayan nationals may be the redactor o gerente responsable1 (the responsible editor or manager) of a newspaper, magazine, or periodical in Uruguay. 1 "Redactor o gerente responsable" is the person liable under civil and criminal law for the content of a particular newspaper, magazine, or periodical publication.
3. Sector: Communications
Sub-Sector: Television, Motion Pictures and Audiovisual Services
Type of Reservation: National Treatment (Article 3) Most-Favored-Nation Treatment (Article 4) Performance requirements (Article 8) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Ley Nº 16.099 Ley Nº 18.284
Description: The "redactor o gerente responsable" (2) (the responsible director or manager) of a television subscriber enterprise (cable, satellite, MMDS and UHF coded) shall be Uruguayan national. The Instituto del Cine y del Audiovisual del Uruguay may, as indicated by its functions: (a) promote, encourage and stimulate the creation, production, co-production, distribution and exhibition of Uruguayan films and audiovisual works throughout the country and abroad; (b) implement reciprocity agreements with other Institutes to grant and obtain preferential access to the respective national markets; (c) promote actions to display a minimum of national production in fictional works, documentaries and animated films on national television media and its dissemination in the international market; and (d) promote actions to display a minimum of national production in movie theatres that comprise the exhibition movies circuit.
4. Sector: Educational services
Sub-Sector: Primary and Secondary Level
Type of Reservation: Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Ordenanza Nº 14, Resolución Nº 20 del Acta Nº 86 de 19/12/1994 de la Administración Nacional de Educación Pública
Description: The Principal and Vice-Principal of the educational institutes shall be Uruguayan natural or legal citizens or permanent residents in Uruguay for a period not less than three (3) years.
5. Sector: Educational services
Sub-Sector: Tertiary
Level Type of Reservation: Performance Requirements (Article 8) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Ley Nº 12.549 Decreto Nº 308/995
Description: The absolute majority of the academic staff shall be integrated by Uruguayan natural or legal citizens, or permanent residents in Uruguay for a period not less than three (3) years. They shall have a perfect command of the Spanish language. The statutes of Tertiary Institutions shall provide administrative and academic management bodies and procedures for appointing their members, most of which must be Uruguayan natural or legal citizens, or have a residence in Uruguay of least three (3) years.
6. Sector: Mining
Sub-Sector:
Type of Reservation: National Treatment (Article 3) Performance Requirements (Article 8)
Level of Government: Central Government
Measures: Ley Nº 18.813 Decreto-Ley Nº 15.242 and its regulatory decrees
Description: All mineral reservoirs from the sea or land subsoil or that come to surface of the national territory, constitute inalienably and imprescriptibly the domain of the State. Notwithstanding the preceding paragraph, the deposits of substances of non-metallic minerals (including deposits of substances non-metallic minerals, which are directly used as building materials, without industrial process to identify a physical or chemical transformation of mineral substance) are reserved to be exploited by the property site owner, under the conditions laid down in Decreto-Ley Nº 15.242 and its amendments. Prospecting and exploration of mineral deposits and mining shall only be done: (a) by the State or State Entities; (b) under a mining title The enjoyment of mining rights attributed by the respective title is regulated by specific provisions and the provisions of the specific contract. The holder of a concession to operate that is in a position to export metal ores, shall provide the domestic market fifteen (15) percent of the value of each export operation at "free on board" price.
7. Sector: Transportation Services
Sub-Sector: Railway
Type of Reservation: National Treatment (Article 3) Most-Favored-Nation Treatment (Article 4) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Sector Ferroviario – Marco Jurídico Regulatorio, Resolución del Ministerio de Transporte y Obras Públicas Nº 1.767 del 27 de Noviembre de 2003 Acuerdo sobre Transporte Internacional Terrestre (ATIT), Resolución del Ministerio de Transporte y Obras Públicas del 10 de Mayo de 1991 and published in Diario Oficial of July 8, 1991 Ley Nº 17.930 (Article 205) Decreto-Ley Nº 14.798 Decreto Nº 262/013
Description: In order to provide railway passenger and cargo transportation services, a railway operator must obtain a license (Licencia de Operación Ferroviaria) from the Dirección Nacional de Transporte, which issues a resolution granting the license. Among the requirements for obtaining the license are: (a) at least fifty one (51) percent of the paid-in capital of the railway operator shall be owned by Uruguayan nationals domiciled in Uruguay or by Uruguayan enterprises that meet the same requirement for paid in capital; and (b) at least fifty one (51) percent of the railway operator's board of directors or managing board shall be composed of Uruguayan nationals domiciled in Uruguay. Under the Acuerdo sobre Transporte Internacional Terrestre (ATIT) among the Southern Cone countries (Argentina, Brazil, Chile, Paraguay, Peru, Uruguay and Bolivia), access to international railway cargo transportation services is accorded, on the basis of reciprocity, to railway operators of Uruguay.
8. Sector: Road Transportation Services
Sub-Sector:
Type of Reservation: National Treatment (Article 3) Most-Favored-Nation Treatment (Article 4) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Acuerdo sobre Transporte Internacional Terrestre (ATIT), Resolución del Ministerio de Transporte y Obras Públicas del 10 de Mayo de 1991 and published in Diario Oficial of July 8, 1991 Decreto Nº 230/997 Decreto Nº 274/006 Decreto Nº 285/006
Description: Regularly Scheduled Collective Passenger Transportation – The State reserves to itself the provision of public regular national and international passenger transportation services, but grants concessions and permits to private enterprises. Only Uruguayan nationals or Uruguayan enterprises may be granted such concessions and permits. Uruguayan enterprises are those (i) managed, (ii) controlled, and (iii) in which more than fifty (50) percent of the capital is owned by Uruguayan nationals domiciled in Uruguay. Non-Regularly Scheduled Collective Passenger Transportation (tourist and non-tourist transportation) - The provision of these services is reserved to Uruguayan nationals or Uruguayan enterprises. International Passenger and Cargo Transportation – Only enterprises with more than fifty (50) percent of their share capital owned and effectively controlled by Uruguayan nationals may provide international cargo and passenger transportation. Under the Acuerdo sobre Transporte Internacional Terrestre (ATIT) among the Southern Cone countries (Argentina, Brazil, Chile, Paraguay, Peru, Uruguay and Bolivia), access to international road cargo transportation services is accorded, on the basis of reciprocity, to road operators of Uruguay.
9. Sector: Maritime Transportation Services and Ancillary Services
Sub-Sector:
Type of Reservation: National Treatment (Article 3) Most-Favored-Nation Treatment (Article 4) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Ley Nº 12.091 Ley Nº 14.106 (Article 309) Ley Nº 16.387 (Article 18, as amended by Ley Nº 16.736 (Article 321)) Ley Nº 17.296 (Article 263) Ley Nº 18.498 Ley Nº 18.891 Decreto-Ley Nº 14.650 (Chapters I, II, and V) Decreto Nº 31/994
Description: Cabotage trade, which covers domestic vessel transportation services performed between the ports and coastal areas of Uruguay, including rescue operations, unloading of cargoes, towing, and other vessel operations performed by ships in waters within Uruguayan jurisdiction, shall be reserved to Uruguayan-flagged vessels. Such vessels are exempt from designated taxes, such as those on equipment, sales, and income of fleets. Waivers permitting foreign-flagged vessels to perform cabotage services may be granted by the Executive Branch when Uruguayan-flagged vessels are not available. Vessels providing cabotage transportation services within Uruguay are subject to the following requirements: (a) if owned by natural persons, vessels must be owned by Uruguayan nationals domiciled in Uruguay; and (b) if owned by an enterprise: (i) fifty one (51) percent of the owners of such enterprise must be Uruguayan nationals; (ii) fifty one (51) percent of the voting shares must be owned by Uruguayan nationals; and (iii) the enterprise must be controlled and managed by Uruguayan nationals. The cross-river transport of passengers and vehicles between border ports of Uruguay and Argentina is reserved to Uruguayan and Argentinean flagged vessels. Half of all cargo transportation of Uruguayan foreign trade (imports and exports) is reserved to Uruguayan-flagged vessels. However, waivers are granted to foreign-flagged vessels to carry the reserved portion of the foreign trade. Uruguay may impose restrictions on access to cargo transportation of Uruguayan foreign trade on the basis of reciprocity. Uruguayan-flagged merchant vessels are entitled to designated tax exemptions, provided that such vessels fulfill the following requirements: (a) if owned by natural persons, vessels must be owned by Uruguayan nationals domiciled in Uruguay; and (b) if owned by an enterprise, vessels must be under the control and direction of Uruguayan nationals. The crew of Uruguayan merchant vessels must meet the following requirements: (a) ninety (90) percent of the Officers (including the Captain, the Chief Engineer and the Radio Operator) of vessels operating under a traffic authorization granted by the Competent Authority shall be Uruguayan nationals; (b) at least ninety (90) percent of the rest of the crew shall be Uruguayan nationals; and (c) for vessels not operating under a traffic authorization granted by the Competent Authority, their Captain, Chief Engineer, and the Radio Operator or the Chief Officer must be Uruguayan nationals.
10. Sector: Air Services
Sub-Sector:
Type of Reservation: National Treatment (Article 3) Most-Favored-Nation Treatment (Article 4) Performance Requirements (Article 8) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Ley Nº 12.018 Ley Nº 18.058 Decreto-Ley Nº 14.305, Código Aeronáutico Decreto-Ley Nº 14.653 Decreto-Ley Nº 14.845 Decreto Nº 808/973 Decreto Nº 325/974 Decreto Nº 39/977 Decreto Nº 158/978 Decreto Nº 183/001 Decreto Nº 145/010 Reglamentos Aeronáuticos Uruguayos, Nº 61, 63, and 65
Description: Uruguay's aeronautical trade relationship is based on the principle of effective reciprocity. Concession or authorization in accordance with international standards and the provisions of the Código Aeronáutico (Decreto-Ley Nº 14.305 and its amendment) and its regulations are required for the operation of any aeronautical activity, including the establishment of an agency and a commercial representation for air tickets sale. Foreign international aeronautical enterprises that provide aeronautical services from or to Uruguay, or those which do not provide these services but keep in Uruguay tickets sale operations for air transport passengers, directly or through agents, representatives or third authorized enterprises (whatever its nature or denomination) shall pay, as compensation for the national good exploitation that imply Uruguayan aero commercial rights, a percentage fee up to fifteen (15) percent of the price of the tickets sold in Uruguay that comprise the total itinerary agreed, regardless of the form and place of issuance or payment. Only a national air transportation enterprise (empresa nacional de transporte aéreo) may operate aircrafts in domestic air transportation service (cabotage) and may provide international scheduled and non-scheduled air transportation services as an Uruguayan air carrier. Domestic air works shall be performed exclusively by national enterprises. Unless the State exploits domestic air works directly, scheduled domestic air works for passenger, mail and cargo shall be operated by concessionaries and non-scheduled air works shall be operated under authorization. Only a national air works enterprise (empresa nacional de servicios de trabajo aéreo) may operate aircraft in domestic non-transportation air services. The aeronautical authority may authorize domestic air services by foreign enterprises provided that the same rights are granted on a reciprocal basis. In order to be a national air transportation enterprise (empresa nacional de transporte aéreo) or a national air works enterprise (empresa nacional de servicios de trabajo aéreo), an enterprise must be fifty one (51) percent owned by Uruguayan nationals domiciled in Uruguay. National enterprises shall have Uruguayan license. However, exceptionally, in order to ensure the provision of services or for reasons of national convenience, the aeronautical authority could allow the use of foreign-licensed aircrafts. All crew and other personnel, including the management of a national air transportation enterprise (empresa nacional de transporte aéreo) or a national air works enterprise (empresa nacional de servicios de trabajo aéreo), must be Uruguayan nationals, unless otherwise authorized by the Dirección Nacional de Aviación Civil e Infraestructura Aeronáutica. In order to apply for the registration of aircrafts, their owners shall be domiciled in Uruguay. In the event of co-ownership, such condition shall be verified with regard to fifty one (51) percent of co-owners whose rights exceed the fifty one (51) percent of the aircraft value. Without prejudice to the above condition regarding domicile, the Executive Branch shall regulate other conditions to be fulfilled by the aircraft owners in order to register their aircrafts. Uruguayan-flagged air carriers shall cover, to the extent possible, their operative needs, including maintenance and repair, with domestic sources. Air-taxi services are reserved for domestic enterprises. Foreign exploiters of air-taxi services may operate within the Uruguayan territory and Uruguayan jurisdictional waters only if the foreign State grants an identical treatment to Uruguayan air-services exploiters, in terms of rights, benefits or advantages conceded to them.
11. Sector: Aerophotographic Services and Agricultural Aviation Services
Sub-Sector:
Type of Reservation: National Treatment (Article 3) Most-Favored–Nation Treatment (Article 4) Performance Requirements (Article 8) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government
Measures: Decreto-Ley Nº 14.305 Código Aeronáutico Decreto Nº 325/974 Decreto Nº 39/977 Decreto Nº 158/978 Decreto Nº 314/994 Decreto Nº 145/010 Decreto del Consejo de Gobierno Nº 21.409 de 4/7/1952
Description: Aerophotographic services activities in free flight areas are allowed to those who register in the Registro de Fotógrafos Aéreos. To register in that registry, the staff, including navigational personnel, operators and technicians shall be Uruguayan nationals, except that the competent authority exempts this requirement. To obtain the permit to conduct a search with any air transportable sensor, as well as to process such material in the national territory and Uruguayan jurisdictional waters, the requirements to be Uruguayan nationals or Uruguayan enterprises must be fulfilled, except in cases where this requirement is expressly exempted. Agricultural aviation. When the sector requirements circumstantially cannot be satisfied by national means, the Executive Branch may, upon request from the competent authority, authorize the temporary entry of foreign aircrafts. The air works applied to development (for example prospecting of hydrocarbons, fishery industry, irrigation studies, geological research, etc.) are reserved for national enterprises. Only when specific requirements cannot be dealt by national enterprises, the competent authority may authorize temporarily the operations of foreign enterprises in the national territory. Only Uruguayan nationals or Uruguayan enterprises (including navigational personnel, operators and technicians) can register in the Registro de Operadores de Sensores Aeroespaciales, except where this requirement is expressly exempted. With regard to enterprises, the majority of its directors shall be Uruguayan nationals.
12. Sector: Financial Services
Sub-sector: Financial Intermediation (Banking)
Type of Reservation: National Treatment (Article 3) Senior Management and Boards of Directors (Article 9)
Level of Government: Central Government Measures: Decreto-Ley Nº 15.322 (Article 8)
Description: Branches or subsidiaries of foreign financial institutions shall not in their by-laws prohibit Uruguayan nationals from participating in the board of directors or in management, or assuming any other position in the institution.
13. Sector: Financial Services
Sub-sector: Financial Intermediation (Banking)
Type of Reservation: National Treatment (Article 3)
Level of Government: Central Government
Measures: Ley Nº 18.401 (Article 34)
Description: The maximum amount of bank deposits covered by deposit insurance differs depending on whether the deposits are denominated in Uruguayan pesos or another currency.
14. Sector: Financial Services
Sub-sector: Insurance
Type of Reservation: National Treatment (Article 3)
Level of Government: Central Government
Measures: Ley Nº 16.426 (Article 1)
Description: The Banco de Seguros del Estado is the sole entity permitted to provide workers' industrial accidents compensation insurance, and as a result it may derive a competitive advantage with respect to its overall operations.
15. Sector: Financial Services
Sub-Sector:
Type of Reservation: National Treatment (Article 3)
Level of Government: Central Government
Measures: Ley Nº 15.903 (Article 453) Ley Nº 17.555 (Article 80)
Description: The Uruguayan Government and state enterprises shall deposit funds only in the Banco de la República Oriental del Uruguay.
II. Reservations for measures referred to in paragraph 2 of article 10
1. The Schedule of a Contracting Party sets out, pursuant to paragraph 2 of Article 10, the reservations taken by that Contracting Party with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by: (a) Article 3 (National Treatment); (b) Article 4 (Most-Favored-Nation Treatment); (c) Article 8 (Performance Requirements); or (d) Article 9 (Senior Management and Boards of Directors).
2. Each reservation sets out the following elements: (a) "Sector" refers to the general sector in which the reservation is taken; (b) "Sub-Sector" refers to the specific sector in which the reservation is taken; (c) "Industry Classification" refers, where applicable, and only for transparency purposes, to the activity covered by the reservation according to domestic or international industry classification codes; (d) "Type of Reservation" specifies the obligation referred to in paragraph 1 for which the reservation is taken; (e) "Description" sets out the scope of the sector, sub-sector or activities covered by the reservation; and (f) "Existing Measures" identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
3. In the interpretation of a reservation, all elements of the reservation shall be considered. The "Description" element shall prevail over all the other elements.
4. In accordance with paragraph 2 of Article 10, the obligations specified in the "Type of Reservation" element do not apply to the sectors, subsectors and activities identified in the "Description" element.
5. For the purposes of this Annex, "JSIC" means Japan Standard Industrial Classification set out by the Ministry of Internal Affairs and Communications, and revised on November 6, 2007.
Schedule of Japan
1. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 3) Senior Management and Boards of Directors (Article 9)
Description: When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Japan reserves the right to: (a) prohibit or impose limitations on the ownership of such interests or assets by investors of the Oriental Republic of Uruguay or their investments; (b) impose limitations on the ability of investors of the Oriental Republic of Uruguay 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 or members of the board of directors of any resulting enterprise.
Existing Measures:
2. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 3) Senior Management and Boards of Directors (Article 9)
Description: In the event where the supply of telegraph services, postal services and betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes, minting and sale of coinage in Japan, which are restricted to designated enterprises or governmental entities, are liberalized to those other than the designated enterprises or governmental entities, or in the event where such designated enterprises or governmental entities no longer operate on a noncommercial basis, Japan reserves the right to adopt or maintain any measure relating to those activities.
Existing Measures:
3. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 3) Most-Favored-Nation Treatment (Article 4)
Description: National Treatment and Most- Favored-Nation Treatment may not be accorded to investors of the Oriental Republic of Uruguay and their investments with respect to subsidies.
Existing Measures:
4. Sector: Aerospace Industry
Sub-Sector: Aircraft Industry Space Industry
Industry Classification:
Type of Reservation: National Treatment (Article 3) Performance Requirements (Article 8) Senior Management and Boards of Directors (Article 9)
Description: Japan reserves the right to adopt or maintain any measure relating to investment in aircraft industry and space industry.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 30 Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 5
5. Sector: Arms and Explosives Industry