In the event 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. Japanese air carriers or the companies having substantial control over the air carriers, such as holding companies, may reject the request from a natural person or an entity set forth in subparagraphs 2(a) through (c), who owns equity investments in such air carriers or companies, to enter its name and address in the register of shareholders, in the event such air carriers or companies become natural persons or entities 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, Transportation 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 and for transporting passengers or cargoes for remuneration, 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
Type of Reservation: National Treatment (Article 85) Prohibition of Performance Requirements (Article 89)
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, 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.
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 more than one-third of the members of the board of directors are composed of the natural persons or entities referred to in subparagraph (a), (b) or (c); or a legal person of which more than one-third of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (bo) or (c).
In the event 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:
Type of Reservation: National Treatment (Article 85) Prohibition of Performance Requirements (Article 89)
Level of Government: Central Government
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 more than one-third of the members of the board of directors are composed of the natural persons or entities referred to in subparagraph (a), (b) or (c); or a legal person of which more than one-third of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (bo) 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 Deliver freight transport, except collect-and-deliver freight transport
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86) Prohibition of Performance Requirements (Article 89)
Level of Government: Central Government
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 made, 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 more than one-third of the members of the board of directors are composed of the natural persons or entities referred to in subparagraph (a), (b) or (c); or a legal person of which more than one-third of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (bo) 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 Deliver freight transport, except collect-and-deliver freight transport
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86) Prohibition of Performance Requirements (Article 89)
Level of Government: Central Government
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 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 more than one-third of the members of the board of directors are composed of the natural persons or entities referred to in subparagraph (a), (b) or (c); or a legal person of which more than one-third of the voting rights are held by the natural persons or entities referred to in subparagraph (a), (bo) or (c).
2. The natural persons or entities referred to in subparagraphs 1 (a) through (d) 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 made, or such permission or approval shall be granted, on the basis of reciprocity.
18.
Sector: Transport
Sub-Sector: Railway Transport
Industry Classification: JSIC 42 Railway transport JSIC 4851 Railway facilities services
Type of Reservation: National Treatment (Article 85)
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 railway transport industry in Japan. The manufacture of vehicles, parts and components for the railway transport industry is not included in railway transport industry. Therefore, 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
Type of Reservation: National Treatment (Article 85)
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 85)
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: Water Transport
Industry Classification:
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Level of Government: Central Government
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 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 85)
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.
Annex 9 Referred to in Chapter 8. Reservations for Measures referred to in paragraph 2 of Article 90
Part 1. Schedule of India
1. The Schedule of India sets out, pursuant to paragraph 2 of Article 90, the reservations taken by India 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 85;
(b) Article 86; or
(c) Article 89.
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 obligations 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 other elements.
4, For the purposes of this Part:
(a) the term "ISIC" means the International Standard Industrial Classification of All Economic Activities adopted, at its seventh session on August 27, 1948 and revised on May 22, 1989, by the Economic and Social Council of the United Nations; and
(b) the term "NIC" means National Industrial Classification Code, 1987 as set out by the Central Statistical Organisation of the Government of India.
1.
Sector: Agriculture
Sub-Sector: All agriculture activities like farming and plantation
Industry Classification: NIC: 00, 01, 03 ISIC: O1
Type of Reservation: National Treatment (Article 85), Most-Favoured-Nation Treatment (Article 86)
Description: India reserves the right to adopt or maintain any measure with respect to farming and all agriculture activities except floriculture, horticulture, development of seeds, animal husbandry, pisciculture, aqua- culture and cultivation of vegetables and mushrooms under controlled conditions* and services related to agro and allied sectors.
* "Cultivation under controlled conditions" for the categories of floriculture, horticulture, cultivation of vegetables and mushrooms is the practice of cultivation wherein rainfall, temperature, solar radiation, air humidity and culture medium are controlled artificially. Control in these parameters may be effected through protected cultivation under green houses, net houses, poly houses or any other improved infrastructure facilities where micro-climatic conditions are regulated anthropogenically.
Existing Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Plantation Labour Act, 1951 and all regulations/rules/orders issued thereunder.
Rubber Act, 1947 and all regulations/rules/orders issued thereunder.
Coffee Act, 1942 and all regulations/rules/orders issued thereunder.
Spice Board Act, 1986 and all regulations/rules/orders issued thereunder.
Spices Cess Act, 1986 and all regulations/rules/orders issued thereunder.
Tea Act, 1953 and all regulations/rules/orders issued thereunder.
Essential Commodities Act, 1955 and all regulations/rules/orders issued thereunder.
Agriculture Produce (Grading and Marking) Act, 1937 and all regulations/rules/orders issued thereunder.
Destructive Insects and Pests Act, 1914 and all regulations/rules/orders issued thereunder.
Coconut Development Board Act, 1979 and all regulations/rules/orders issued thereunder.
National Cooperative Development Cooperation Act, 1962 and all regulations/rules/orders issued thereunder.
The Seed Act, 1966 and all regulations/rules/orders issued thereunder.
The National Oilseeds and Vegetable
Oils Development Board Act, 1983 and all regulations/rules/orders issued thereunder.
2.
Sector: Farming of Animals
Sub-Sector: Farming of cattle, sheep goats, horses, asses, mules and hinnies; dairy farming including mixed farming
Industry Classification: NIC: 02, 03, 04 ISIC: O1
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86) Prohibition of Performance Requirement (Article 89)
Description: India reserves the right to adopt or maintain any measure with respect to farming of animals.
Existing Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.