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India - Japan CEPA (2011)
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Press Notes and Circulars on FDI Policy issued by the Central Government.

National Dairy Development Board Act, 1987 and all regulations/rules/orders issued thereunder.

Indian Veterinary Council Act, 1984 and all regulations/rules/orders issued thereunder.

Essential Commodities Act, 1955 and all regulations/rules/orders issued thereunder.

Live-stock Importation Act, 1898 and all regulations/rules/orders issued thereunder.

3.

Sector: Forestry

Sub-Sector: Forestry, logging and related service activities

Industry Classification: NIC: 05 ISIC: 02

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 forestry, logging and related service activities.

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.

Forest (Conservation) Act, 1980 and all regulations/rules/orders issued thereunder.

The Indian Forest Act, 1927 and all regulations/rules/orders issued thereunder.

4.

Sector: Fishing

Sub-Sector: Fishing, operation of fish hatcheries and fish farms; service activities incidental to fishing

Industry Classification: NIC: 06 ISIC: 03

Type of Reservation: National Treatment (Article 85)

Description: India reserves the right to adopt or maintain any measure with respect to fishing, operation of fish hatcheries and fish farms; service activities incidental to fishing.

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.

The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 and all regulations/rules/orders issued thereunder.

The Indian Fisheries Act, 1897 and all regulations/rules/orders issued thereunder.

Environment (Protection) Act, 1986 and all regulations/rules/orders issued thereunder.

Water (Prevention and Control of Pollution) Act, 1974 and all regulations/rules/orders issued thereunder.

Wild Life Protection Act, 1972 and all regulations/rules/orders issued thereunder.

Export (Quality Control and Inspection) Act, 1963 and all regulations/rules/orders issued thereunder.

5.

Sector: Dairy Products

Sub-Sector: Manufacture of milk powder, ice-cream powder, condensed milk, butter, cream, cheese, ghee, khoya etc., pasteurised milk

Industry Classification: NIC: 20 ISIC: 105

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacture of dairy products.

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.

Essential Commodities Act, 1955 and all regulations/rules/orders issued thereunder.

Food Safety and Standards Act, 2006 and all regulations/rules/orders issued thereunder.

Prevention of Food Adulteration Act, 1954 and all regulations/rules/orders issued thereunder.

6.

Sector: Canning and Preservation of Fruits and Vegetables

Sub-Sector: Artificial Dehydration of Fruits and Vegetables, Sun-drying of Fruits and Vegetables, Radiation Preservation of Fruits and Vegetables, Manufacture of Fruits/vegetable Juices/concentrates/squashes and Powders, Manufacture of Sauces, Jams, Jellies and Marmalades, Manufacture of Pickles, Canning of Fruits and Vegetables, Fruits and Vegetables Preservation

Industry Classification: NIC: 20 ISIC: 103

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to canning and preservation of fruits and vegetables.

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.

Food Safety and Standards Act, 2006 and all regulations/rules/orders issued thereunder.

Prevention of Food Adulteration Act,

1954 and all regulations/rules/orders issued thereunder.

Agricultural Produce (Grading and Marking) Act, 1937 and all regulations/rules/orders issued thereunder.

Essential Commodities Act, 1955 and all regulations/rules/orders issued thereunder.

7.

Sector: Processing, Canning and Preservation of Fish, Crustacean and Similar Foods

Sub-Sector: Sun-drying of fish, radiation preservation of fish and similar foods, processing and canning of fish, manufacture of fish meal, processing and canning of frog legs

Industry Classification: NIC: 20 ISIC: 102

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to processing, canning and preservation of fish, crustacean and Similar foods.

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.

Food Safety and Standards Act, 2006 and all regulations/rules/orders issued thereunder.

Prevention of Food Adulteration Act,

1954 and all regulations/rules/orders issued thereunder.

8.

Sector: Bakery Products

Sub-Sector: Bread making, manufacture of biscuits, cakes and pastries

Industry Classification: NIC: 20 ISIC: 107

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacture of bakery products.

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.

Micro, Small and Medium Enterprises Development Act, 2006 and all regulations/rules/orders issued thereunder.

Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.

Food Safety and Standards Act, 2006 and all regulations/rules/orders issued thereunder.

Prevention of Food Adulteration Act, 1954 and all regulations/rules/orders issued thereunder.

9.

Sector: Hydrogenated Oils, Vanaspati, Ghee etc. and Vegetable Oils

Sub-Sector: Manufacture of hydrogenated oils, vanaspati, ghee, vegetable oils and fats

Industry Classification: NIC: 21 ISIC: 104

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacturing hydrogenated oils, vanaspati, ghee and vegetable oils.

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.

Essential Commodities Act, 1955 and all regulations/rules/orders issued thereunder.

The National Oilseeds and Vegetable Oils Development Board Act, 1983 and all regulations/rules/orders issued thereunder.

Food Safety and Standards Act, 2006 and all regulations/rules/orders issued thereunder.

Prevention of Food Adulteration Act, 1954 and all regulations/rules/orders issued thereunder.

10.

Sector: Distilling, Rectifying and Blending of Spirits, Ethyl Alcohol Production from Fermented Materials and Manufacture of Wines

Sub-Sector: Manufacture of wines, malt liquors, beer

Industry Classification: NIC: 22 ISIC: 1102, 1103

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure with respect to distilling, rectifying and blending of spirits, ethyl alcohol production from fermented materials and manufacture of wines.

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.

Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.

Prevention of Food Adulteration Act, 1954 and all regulations/rules/orders issued thereunder.

11.

Sector: Wood and Wood Products

Sub-Sector: Sawing and planting of wood; manufacture of veneer sheets, plywood, and their products; manufacture of structural wooden goods; manufacture of wooden containers; manufacture of wooden industrial goods; manufacture of cork and cork products; manufacture of wooden furniture and fixtures; manufacture of bamboo and cane furniture and fixtures

Industry Classification: NIC: 27 ISIC: 16

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacture of wood and wood products.

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.

Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and all regulations/rules/orders issued thereunder.

The Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.

12.

Sector: Leather

Sub-Sector: Tanning, curing, finishing, embossing, japanning of leather; manufacture of leather footwear; manufacture of leather apparel; manufacture of consumer goods of leather; scrapping, currying, tanning, bleaching and dyeing of fur and other pelts for leather trade; manufacture of leather and fur products

Industry Classification: NIC: 29 ISIC: 14, 15

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacture of Leather and Leather Products.

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.

Environment Protection Act, 1986 and all regulations/rules/orders issued thereunder.

Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.

Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and all regulations/rules/orders issued thereunder.

13.

Sector: Cement and Asbestos

Sub-Sector: Manufacture of cement, lime and plaster; manufacture of mica products; stone dressing and crushing; manufacture of asbestos cement and other cement products

Industry Classification: NIC: 32 ISIC: 23

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacture cement, lime and plaster, mica products, stone dressing and crushing, asbestos cement and other cement products.

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.

Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.

14.

Sector: Air-conditioner, Refrigerators and Fire Fighting Equipments

Sub-Sector: Manufacture of refrigerators, air- conditioners and fire-fighting equipments

Industry Classification: NIC: 35 ISIC: 275, 281, 329

Type of Reservation: Prohibition of Performance Requirement (Article 89)

Description: India reserves the right to adopt or maintain any measure which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacture of air- conditioner, refrigerators and fire fighting equipments.

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.

The Energy Conservation Act, 2001 and  all regulations/rules/orders issued thereunder.

15.

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  • Chapter   1 General Provisions 1
  • Article   1 Objectives 1
  • Article   2 Geographical Scope of Application 1
  • Article   3 General Definitions 1
  • Article   4 Transparency 1
  • Article   5 Administrative Procedures 1
  • Article   6 Review and Appeal 1
  • Article   7 Measures Against Corruption 1
  • Article   8 Environmental Protection 1
  • Article   9 Confidential Information 1
  • Article   10 Taxation 1
  • Article   11 Exceptions 1
  • Article   12 Relation to other Agreements 1
  • Article   13 Implementing Agreement 1
  • Article   14 Joint Committee 1
  • Article   15 Communications 2
  • Chapter   2 Trade In Goods 2
  • Article   16 Definitions 2
  • Article   17 Classification of Goods 2
  • Article   18 National Treatment 2
  • Article   19 Elimination of Customs Duties 2
  • Article   20 Customs Valuation 2
  • Article   21 Export Subsidies and Domestic Support 2
  • Article   22 Import and Export Restrictions 2
  • Article   23 Bilateral Safeguard Measures 2
  • Article   24 Anti-Dumping Investigation 2
  • Article   25 Restrictions to Safeguard the Balance of Payments 2
  • Chapter   3 Rules of Origin 2
  • Article   26 Definitions 2
  • Article   27 Originating Goods 2
  • Article   28 Wholly Obtained or Produced Goods 2
  • Article   29 Goods Produced Using Non-Originating Materials 2
  • Article   30 Calculation of Qualifying Value Content 2
  • Article   31 Accumulation 3
  • Article   32 De Minimis 3
  • Article   33 Non-Qualifying Operations 3
  • Article   34 Consignment Criteria 3
  • Article   35 Unassembled or Disassembled Goods 3
  • Article   36 Fungible Goods and Materials 3
  • Article   37 Indirect Materials 3
  • Article   38 Accessories, Spare Parts, Tools and Instructional or other Information Materials 3
  • Article   39 Packing and Packaging Materials and Containers 3
  • Article   40 Operational Certification Procedures 3
  • Article   41 Sub-Committee on Rules of Origin 3
  • Chapter   4 Customs Procedures 3
  • Article   42 Scope and Objectives 3
  • Article   43 Definition 3
  • Article   44 Transparency 3
  • Article   45 Customs Clearance 3
  • Article   46 Temporary Admission and Goods In Transit 3
  • Article   47 Advance Rulings 3
  • Article   48 Cooperation and Exchange of Information 3
  • Article   49 Sub-Committee on Customs Procedures 3
  • Chapter   5 Technical Regulations, Standards and Conformity Assessment Procedures, and Sanitary and Phytosanitary Measures 3
  • Article   50 Scope 3
  • Article   51 Reaffirmation of Rights and Obligations 3
  • Article   52 Enquiry Points 3
  • Article   53 Sub-Committee on Technical Regulations, Standards and Conformity Assessment Procedures, and SPS Measures 3
  • Article   54 Cooperation on Generic Medicine 3
  • Article   55 Mutual Recognition 3
  • Article   56 Non-Application of Chapter 14 3
  • Chapter   6 Trade In Services 3
  • Article   57 Scope 3
  • Article   58 Definitions 4
  • Article   59 Market Access 4
  • Article   60 National Treatment 4
  • Article   61 Additional Commitments 4
  • Article   62 Schedule of Specific Commitments 4
  • Article   63 Most-Favoured-Nation Treatment 4
  • Article   64 Domestic Regulation 4
  • Article   65 Recognition 4
  • Article   66 Transparency 4
  • Article   67 Monopolies and Exclusive Service Suppliers 4
  • Article   68 Payments and Transfers 4
  • Article   69 Restrictions to Safeguard the Balance of Payments 4
  • Article   70 Subsidies 4
  • Article   71 Review of Commitments 4
  • Article   72 Sub-Committee on Trade In Services 4
  • Chapter   7 Movement of Natural Persons 4
  • Article   73 General Principles 4
  • Article   74 Scope 4
  • Article   75 Definition 4
  • Article   76 Specific Commitments 5
  • Article   77 Regulatory Transparency 5
  • Article   78 General Principles for Grant of Entry and Temporary Stay and Related Issues 5
  • Article   79 Accompanying Spouse and Dependent 5
  • Article   80 Dispute Settlement 5
  • Article   81 Reservations 5
  • Article   82 Further Negotiations 5
  • Chapter   8 Investment 5
  • Article   83 Scope 5
  • Article   84 Definitions 5
  • Article   85 National Treatment 5
  • Article   86 Most-Favoured-Nation Treatment 5
  • Article   87 General Treatment 5
  • Article   88 Access to the Courts of Justice 5
  • Article   89 Prohibition of Performance Requirements 5
  • Article   90 Reservations and Exceptions 5
  • Article   91 Special Formalities and Information Requirements 5
  • Article   92 Expropriation and Compensation 5
  • Article   93 Protection from Strife 5
  • Article   94 Transfers 5
  • Article   95 Subrogation 5
  • Article   96 Settlement of Investment Disputes between a Party and an Investor of the other Party 5
  • Article   97 Temporary Safequard Measures 6
  • Article   98 Prudential Measures 6
  • Article   99 Environmental Measures 6
  • Article   100 Relation to other Obligations 6
  • Article   101 Duration and Termination 6
  • Chapter   9 Intellectual Property 6
  • Article   102 General Provisions 6
  • Article   103 Streamlining of Procedural Matters 6
  • Article   104 Promotion of Public Awareness Concerning Protection of Intellectual Property 6
  • Article   105 Patents 6
  • Article   106 Trademarks 6
  • Article   107 Geographical Indications 6
  • Article   108 Unfair Competition 6
  • Article   109 Security Exceptions 6
  • Chapter   10 Government Procurement 6
  • Article   110 Procurement Principle 6
  • Article   111 Non-Discrimination 6
  • Article   112 Exchange of Information 6
  • Article   113 Further Negotiations 6
  • Article   114 Negotiations on Non-Discrimination 6
  • Article   115 Exceptions 6
  • Chapter   11 Competition 6
  • Article   116 Anticompetitive Activities 6
  • Article   117 Definitions 6
  • Article   118 Cooperation on Controlling Anticompetitive Activities 6
  • Article   119 Non-Discrimination 6
  • Article   120 Procedural Fairness 6
  • Article   121 Transparency 6
  • Article   122 Non-Application of Chapter 14 6
  • Chapter   12 Improvement of Business Environment 6
  • Article   123 Basic Principles 6
  • Article   124 Sub-Committee on Improvement of Business Environment 6
  • Article   126 Liaison Office 6
  • Article   127 Non-Application of Chapter 14 6
  • Chapter   13 Cooperation 6
  • Article   128 Basic Principle and Objectives 6
  • Article   129 Fields of Cooperation 6
  • Article   130 Scope and Forms of Cooperation 7
  • Article   131 Implementation and Costs 7
  • Article   132 Non-Application of Chapter 14 7
  • Chapter   14 Dispute Settlement 7
  • Article   133 Scope 7
  • Article   134 Consultations 7
  • Article   135 Good Offices, Conciliation or Mediation 7
  • Article   136 Establishment of Arbitral Tribunals 7
  • Article   137 Functions of Arbitral Tribunals 7
  • Article   138 Proceedings of Arbitral Tribunals 7
  • Article   139 Termination of Proceedings 7
  • Article   140 Implementation of Award 7
  • Article   141 Expenses 7
  • Chapter   15 Final Provisions 7
  • Article   143 Table of Contents and Headings 7
  • Article   144 Annexes and Notes 7
  • Article   145 Amendment 7
  • Article   146 Entry Into Force 7
  • Article   147 Termination 7
  • Annex 8 Referred to in Chapter 8  Reservations for Measures referred to in paragraph 1 of Article 90 7
  • Part   1 Schedule of India 7
  • 1 7
  • 2 7
  • 3 7
  • 4 8
  • 5 8
  • 6 8
  • 7 8
  • 8 8
  • 9 8
  • 10 8
  • 11 8
  • 12 9
  • 13 9
  • 14 9
  • 15 9
  • 16 9
  • 17 9
  • 18 9
  • 19 9
  • 20 10
  • Part   2 Schedule of Japan 10
  • 1 10
  • 2 10
  • 3 10
  • 4 10
  • 5 10
  • 6 10
  • 7 10
  • 8 10
  • 9 10
  • 10 10
  • 11 10
  • 12 10
  • 13 10
  • 14 11
  • 15 11
  • 16 11
  • 17 11
  • 18 11
  • 19 11
  • 20 11
  • 21 11
  • 22 11
  • Annex 9 Referred to in Chapter 8  Reservations for Measures referred to in paragraph 2 of Article 90 11
  • Part   1 Schedule of India 11
  • 1 11
  • 2 11
  • 3 12
  • 4 12
  • 5 12
  • 6 12
  • 7 12
  • 8 12
  • 9 12
  • 10 12
  • 11 12
  • 12 12
  • 13 12
  • 14 12
  • 15 13
  • 16 13
  • 17 13
  • 18 13
  • 19 13
  • 20 13
  • 21 13
  • 22 13
  • 23 13
  • 24 13
  • Part   2 Schedule of Japan 13
  • 1 13
  • 2 13
  • 3 13
  • 4 13
  • 5 14
  • 6 14
  • 7 14
  • 8 14
  • 9 14
  • 10 14
  • Annex 10 referred to in Chapter 8  Expropriation 14
    • Name
    India - Japan CEPA (2011)
    PDF Link
    India - Japan CEPA (2011)
    Signed date
    16 / Feb / 2011
    Date into force
    01 / Aug / 2011
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    IND,JPN
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP India - Japan FCN (1958) 04 / Feb / 1958 04 / Feb / 1958
    PDF
    PDF
    Original PDF
    Original PDF