ASEAN - Japan FTA (2008)
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1. Entry and temporary stay for a period of up to five years, which may be extended, shall be granted to a natural person of an ASEAN Member State who will engage in the business activities of supplying services during his or her temporary stay in Japan on the basis of a personal contract with a public or private organisation in Japan which correspond to:

(a) activities which require technology or knowledge at an advanced level pertinent to natural or human sciences, including physical sciences, engineering, jurisprudence, economics, business management and accounting; or

(b) activities which require ideas and sensitivity based on culture of a country other than Japan,

under the status of residence of “Engineer/Specialist in Humanities/International Services”, whose scope is provided for in the Immigration Control and Refugee Recognition Act.

2. The activities which require technology or knowledge at an advanced level pertinent to natural or human sciences referred to in subparagraph 1(a) mean the activities in which the natural person may not be able to engage without the application of specialised technology or knowledge of natural or human sciences acquired by him or her by, in principle, completing college education (i.e. bachelor’s degree) or higher education.

Section 4. Investors of ASEAN Member States

Entry and temporary stay for a period of up to five years, which may be extended, shall be granted to a natural person of an ASEAN Member State who will engage in one of the following activities during his or her temporary stay in Japan:

(a) activities to invest in business in Japan and manage such business;

(b) activities to manage business in Japan on behalf of a person other than that of Japan who has invested in such business; or

(c) conduct of business in Japan in which a person other than that of Japan has invested.

Section 5. Natural Persons of ASEAN Member States Who Engage In Professional Services

Entry and temporary stay for a period of up to five years, which may be extended, shall be granted to a natural person of an ASEAN Member State who is a legal, accounting or taxation service supplier qualified as specified in subparagraphs (a) through (j) under the laws and regulations of Japan and who will supply the respective services specified therein during his or her temporary stay in Japan:

(a) legal services supplied by a lawyer qualified as “Bengoshi” under the laws and regulations of Japan;

(b) legal advisory services on law of jurisdiction where the service supplier is a qualified lawyer on condition that the service supplier is qualified as “Gaikokuho-Jimu-Bengoshi” under the laws and regulations of Japan;

(c) legal services supplied by a patent attorney qualified as “Benrishi” under the laws and regulations of Japan;

(d) legal services supplied by a maritime procedure agent qualified as “Kaijidairishi” under the laws and regulations of Japan;

(e) accounting, auditing and bookkeeping services supplied by an accountant qualified as “Koninkaikeishi” under the laws and regulations of Japan;

(f) taxation services supplied by a tax accountant qualified as “Zeirishi” under the laws and regulations of Japan;

(g) legal services supplied by a judicial scrivener qualified as “Shiho-Shoshi” under the laws and regulations of Japan;

(h) legal services supplied by an administrative scrivener qualified as “Gyosei-Shoshi” under the laws and regulations of Japan;

(i) legal services supplied by a certified social insurance and labour consultant qualified as “Shakai-Hoken-Romushi” under the laws and regulations of Japan; or

(j) legal services supplied by a land and house surveyor qualified as “Tochi-Kaoku-Chosashi” under the laws and regulations of Japan.

6. Accompanying Spouse and Children

1. Entry and temporary stay shall be granted to a spouse and children accompanying a natural person of an ASEAN Member State who has been granted entry and temporary stay pursuant to Sections 2 through 5, in principle for the same period as the period of temporary stay granted to the natural person, provided that such spouse and children obtain maintenance from the natural person and engage in daily activities recognised under the status of residence of “Dependants” provided for in the Immigration Control and Refugee Recognition Act.

2. A spouse who has been granted entry and temporary stay pursuant to paragraph 1 may, upon application, have his or her status of residence changed to that under which he or she is allowed to work, subject to the approval of the Government of Japan in accordance with the Immigration Control and Refugee Recognition Act.

Note: For the purposes of this Section, the term “spouse” or “children” means spouse or children recognised as such in accordance with the laws and regulations of Japan.

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  • Chapter   1 General Provisions 1
  • Article   1 General Definitions 1
  • Article   2 Principles 1
  • Article   3 Objectives 1
  • Article   4 Transparency 1
  • Article   5 Confidentiality 1
  • Article   6 Taxation 1
  • Article   7 General Exceptions 1
  • Article   8 Security Exceptions 1
  • Article   9 Non-governmental Bodies 1
  • Article   10 Relation to other Agreements 1
  • Article   11 Joint Committee 1
  • Article   12 Communications 1
  • Chapter   2 Trade In Goods 1
  • Article   13 Definitions 1
  • Article   14 Classification of Goods 1
  • Article   15 National Treatment on Internal Taxation and Regulation 1
  • Article   16 Elimination or Reduction of Customs Duties 1
  • Article   17 Customs Valuation 1
  • Article   18 Non-tariff Measures 1
  • Article   19 Modification of Concessions 1
  • Article   20 Safeguard Measures 1
  • Article   21 Measures to Safeguard the Balance of Payments 2
  • Article   22 Customs Procedures 2
  • Chapter   3 Rules of Origin 2
  • Article   23 Definitions 2
  • Article   24 Originating Goods 2
  • Article   25 Goods Wholly Obtained or Produced 2
  • Article   26 Goods Not Wholly Obtained or Produced 2
  • Article   27 Calculation of Regional Value Content 2
  • Article   28 De Minimis 2
  • Article   29 Accumulation 2
  • Article   30 Non-qualifying Operations 2
  • Article   31 Direct Consignment 2
  • Article   32 Packing Materials and Containers 2
  • Article   33 Accessories, Spare Parts, Tools and Instructional or other Information Materials 2
  • Article   34 Indirect Materials 2
  • Article   35 Identical and Interchangeable Materials 2
  • Article   36 Operational Certification Procedures 2
  • Article   37 Sub-Committee on Rules of Origin 2
  • Chapter   4 Sanitary and Phytosanitary Measures 2
  • Article   38 Scope 2
  • Article   39 Reaffirmation of Rights and Obligations 2
  • Article   40  Sub-Committee on Sanitary and Phytosanitary Measures 3
  • Article   41 Enquiry Points 3
  • Article   42 Non-application of Chapter 9 3
  • Chapter   5 Standards, Technical Regulations and Conformity Assessment Procedures 3
  • Article   43 Objectives 3
  • Article   44 Scope 3
  • Article   45 Reaffirmation of Rights and Obligations 3
  • Article   46 Cooperation 3
  • Article   47 Enquiry Points 3
  • Article   48 Sub-Committee on Standards, Technical Regulations and Conformity Assessment Procedures 3
  • Article   49 Non-application of Chapter 9 3
  • Chapter   6 Trade In Services 3
  • Article   50 Trade In Services 3
  • Chapter   7 Investment 3
  • Article   51 Investment 3
  • Chapter   8 Economic Cooperation 3
  • Article   52 Basic Principles 3
  • Article   53 3
  • Article   54 Sub-committee on Economic Cooperation 3
  • Article   55 Work Programmes for Economic Cooperation 3
  • Article   56 Resources for Economic Cooperation 3
  • Article   57 Implementation of Economic Cooperation Activities 3
  • Article   58 Non-application of Chapter 9 3
  • Chapter   9 Settlement of Disputes 3
  • Article   59 Definitions 3
  • Article   60 Scope of Application 3
  • Article   61 Contact Points 3
  • Article   62 Consultations 3
  • Article   63 Good Offices, Conciliation and Mediation 3
  • Article   64 Establishment of Arbitral Tribunals 3
  • Article   65 Composition of Arbitral Tribunals 4
  • Article   66 Third Parties 4
  • Article   67 Functions of Arbitral Tribunals 4
  • Article   68 Proceedings of Arbitral Tribunals 4
  • Article   69 Draft Award and Award 4
  • Article   70 Suspension and Termination of Proceedings 4
  • Article   71 Implementation of Award 4
  • Article   72 Compensation and the Suspension of Concessions 4
  • Article   73 Expenses 4
  • Chapter   10 Final Provisions 4
  • Article   74 Table of Contents, Headings and Subheadings 4
  • Article   75 Review 4
  • Article   76 Annexes and Notes 4
  • Article   77 Amendments 4
  • Article   78 Depositary 4
  • Article   79 Entry Into Force 4
  • Article   80 Withdrawal and Termination 4
  • FIRST PROTOCOL TO AMEND THE AGREEMENT ON COMPREHENSIVE ECONOMIC PARTNERSHIP AMONG JAPAN AND MEMBER STATES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS 4
  • 1 References to the Union of Myanmar 4
  • 2 Incorporation of New Annexes and Amendment to the Table of Contents of the AJCEP Agreement 4
  • 3 Amendment to Chapter 1 (General Provisions) of the AJCEP Agreement 4
  • 8 Security Exceptions 4
  • 4 Amendment to Chapter 6 (Trade In Services) of the AJCEP Agreement 5
  • Chapter   6 Trade In Services 5
  • 50.1 Definitions 5
  • 50.2 Scope 5
  • 50.3 Most-Favoured-Nation Treatment 5
  • 50.4 Transparency 5
  • 50.5 Domestic Regulation 5
  • 50.6 Administrative Guidance 5
  • 50.7 Recognition 5
  • 50.8 Monopolies and Exclusive Service Suppliers 5
  • 50.9 Business Practices 6
  • 50.10 Safeguards 6
  • 50.11 Payments and Transfers 6
  • 50.12 Restrictions to Safeguard the Balance of Payments 6
  • 50.13 General Exceptions 6
  • 50.14 Subsidies 6
  • 50.15 Cooperation 6
  • 50.16 Increasing Participation of Newer ASEAN Member States 6
  • 50.17 Market Access 6
  • 50.18 National Treatment 6
  • 50.19 Additional Commitments 6
  • 50.20 Schedules of Specific Commitments 6
  • 50.21 Application and Extension of Commitments 6
  • 50.22 Progressive Liberalisation 6
  • 50.23 Modification of Schedules 6
  • 50.24 Sub-Committee on Trade In Services 6
  • 50.25 Review 6
  • 50.26 Denial of Benefits 6
  • Annex A to Chapter 6  Financial Services 6
  • A.1 Scope and Definitions 6
  • A.2 Transparency 7
  • A.3 Transfers of Information and Processing of Information 7
  • A.4 Domestic Regulation 7
  • A.5 Recognition of Prudential Measures 7
  • A.6 Settlement of Disputes 7
  • Annex B to Chapter 6  Telecommunications Services 7
  • B.1 Scope 7
  • B.2 Definitions 7
  • B.3 Access and Use 7
  • B.4 Number Portability 7
  • B.5 Competitive Safeguard 7
  • B.6 Treatment by Major Suppliers 7
  • B.7 Resale 7
  • B.8 Interconnection 7
  • B.9 Provisioning and Pricing of Leased Circuit Services 7
  • B.10 Co-location 7
  • B.11 Independent Telecommunications Regulatory Body 7
  • B.12 Universal Service 7
  • B.13 Licensing 7
  • B.14 Allocation and Use of Scarce Resources 7
  • B.15 Transparency 7
  • B.16 Settlement of Disputes 7
  • B.17 Relation to International Organisations 7
  • B.18 Transitional Arrangements 7
  • 5 Incorporation of Chapter 6 Bis (Movement of Natural Persons) Into the AJCEP Agreement 7
  • Chapter   6bis Movement of Natural Persons 8
  • 50 bis.1 Objectives 8
  • 50 bis.2 Scope 8
  • 50 bis.3 Definitions 8
  • 50 bis.4 Specific Commitments 8
  • 50 bis.5 Processing of Applications 8
  • 50 bis.6 Transparency 8
  • 50 bis.7 Recognition 8
  • 50 bis.8 Application of Chapter 9 8
  • 50 bis.9 General Exceptions 8
  • 50 bis.10 Measures Pursuant to Immigration Laws and Regulations 8
  • 6 Amendment to Chapter 7 (Investment) of the AJCEP Agreement 8
  • Chapter   7 Investment 8
  • 51.1 Scope and Coverage 8
  • 51.2 Definitions 8
  • 51.3 National Treatment 8
  • 51.4 General Treatment 8
  • 51.5 Prohibition of Performance Requirements 8
  • 51.6 Senior Management and Boards of Directors 8
  • 51.7 Reservations and Exceptions 9
  • 51.8 Public Comments 9
  • 51.9 Expropriation and Compensation 9
  • 51.10 Compensation for Losses or Damages 9
  • 51.11 Transfers 9
  • 51.12 Subrogation 9
  • 51.13 Settlement of Investment Disputes between a Party and an Investor of Another Party 9
  • 51.14 General Exceptions 9
  • 51.15 Special Formalities and Information Requirements 9
  • 51.16 Special and Differential Treatment for the Newer ASEAN Member States 9
  • 51.17 Promotion of Investment 9
  • 51.18 Facilitation of Investment 9
  • 51.19 Temporary Safeguard Measures 10
  • 51.20 Prudential Measures 10
  • 51.21 Denial of Benefits 10
  • 51.22 Sub-Committee on Investment 10
  • 51.23 Work Programme 10
  • Annex A to Chapter 7  Expropriation and Compensation 10
  • 7 Amendment to Chapter 10 (Final Provisions) of the AJCEP Agreement 10
  • 8 Entry Into Force 10
  • Appendix 5  Annex 9 Specific Commitments for the Movement of Natural Persons 10
  • Schedule of Brunei Darussalam 10
  • Section   1 Short-term Business Visitors of Japan 10
  • Section   2 Intra-corporate Transferees 10
  • Section   3 Investors 10
  • Schedule of the Kingdom of Cambodia 10
  • Schedule of the Republic of Indonesia 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Schedule of the Lao People’s Democratic Republic 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Section   3 Investors 11
  • Section   4 Accompanying Spouse and Children 11
  • Schedule of Malaysia 11
  • Section   1 Intra-Corporate Transferees 11
  • Section   2 Others 11
  • Schedule of the Republic of the Union of Myanmar 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Schedule of the Republic of the Philippines 11
  • Schedule of the Republic of Singapore 11
  • Section   1 Intra-corporate Transferees 11
  • Section   2 Other Clarifications 11
  • Schedule of the Kingdom of Thailand 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Schedule of the Socialist Republic of Viet Nam (1) 11
  • Section   1 Service Sales Person 11
  • Section   2 Intra-corporate Transferees 11
  • Section   3 Other Personnel 11
  • Section   4 Persons Responsible for Setting Up a Commercial Presence 11
  • Section   5 Contractual Service Suppliers (CSS) 11
  • Schedule of Japan 11
  • Section   1 Short-Term Business Visitors of ASEAN Member States 11
  • Section   2 Intra-Corporate Transferees of ASEAN Member States 11
  • Section   3 Natural Persons of ASEAN Member States Who Engage In Business Activities Which Require Technology or Knowledge at an Advanced Level on the Basis of a Personal Contract with Public or Private Organisations In Japan 12
  • Section   4 Investors of ASEAN Member States 12
  • Section   5 Natural Persons of ASEAN Member States Who Engage In Professional Services 12
  • 6  Accompanying Spouse and Children 12