Sector: Industrial Explosives, Safety Fuse, Detonators, Fireworks
Sub-Sector:
Industry Classification: NIC: 30
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 which is non- conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to manufacture of industrial explosives, safety fuse, detonators, fireworks sector, including manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives.
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.
Explosives Act, 1884 and all regulations/rules/orders issued thereunder.
Explosive Substances Act, 1908 and all regulations/rules/orders issued thereunder.
Inflammable Substances Act, 1952 and all regulations/rules/orders issued thereunder.
Indian Boilers Act, 1923 and all regulations/rules/orders issued thereunder.
16.
Sector: Manufacture of Hazardous Chemicals
Sub-Sector:
Industry Classification:
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 which is non-conforming to the obligations on Prohibition of Performance Requirements in Chapter 8 with respect to regulating the manufacture, use, sale, storage, transport, importation, exportation and possession of hazardous chemicals.
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.
Environment (Protection) Act, 1986 and all regulations/rules/orders issued thereunder.
17.
Sector: Tobacco Stemming and Manufacturing of Products containing Tobacco or Tobacco Substitutes, including Manufacture of Bidi
Sub-Sector: Stemming of tobacco, redrying and all operations connected with preparing raw leaf tobacco, manufacture of bidi, snuff, chewing tobacco and other products containing tobacco or tobacco substitutes
Industry Classification: NIC: 22 ISIC: 12
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 regulating the manufacture, sale use, transportation, import, export of tobacco and tobacco products, including stemming of tobacco, redrying and all operations connected with preparing raw leaf tobacco, manufacture of bidi, snuff, chewing tobacco and other products containing tobacco or tobacco substitutes.
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.
Companies Act, 1956 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.
18.
Sector: Drugs and Pharmaceuticals
Sub-Sector:
Industry Classification: ISIC: 21
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 issue guidelines necessary or required for the issue of compulsory licences of patents to produce and market a patented drug or pharmaceutical. India also reserves the right to formulate and bring into effect a policy to ensure abundant availability at reasonable prices of good quality essential drugs and pharmaceuticals of mass consumption.
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.
Other existing or current regulations or measures in force on the date of entry of this Agreement.
19.
Sector: All Services Sectors
Sub-Sector:
Industry Classification:
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 relating to investments in services sectors subject to the condition that they do not violate the obligations under Chapter 6.
Existing Measures: Article 73 of the Constitution of India read with Article 246 of the Constitution of India. Any existing or current regulations or measures in force on the date of entry of this Agreement.
20.
Sector: All Sectors
Sub-Sector:
Industry Classification:
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 relating to investments as per the laws and regulations framed by the state governments/Union territories/local governments.
Existing Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India. Any Existing or Current Regulations or measures in force on the date of entry of this Agreement.
21.
Sector: All Sectors
Sub-Sector:
Industry Classification:
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 that accords rights or preferences to economically backward regions or groups in the interest of balanced development of the economy and maintenance of social equality.
Existing Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.Any Existing or Current Regulation or measures in force on the date of entry of this Agreement.
22.
Sector: All Sectors
Sub-Sector:
Industry Classification:
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 regard to transfer or disposition of equity interests or assets held by the state enterprises or Governmental authorities.
India reserves the right to adopt or maintain any measure with respect to the transfer of all or any portion of services provided in the exercise of the governmental authority.
A state-owned enterprise shall mean any enterprise owned or controlled by the Government of India or any of the state governments/Union territories/local governments by means of equity ownership and shall include any enterprise created, on or after the effective date of this Agreement, for the sole purpose of selling or disposing of equity interests or assets of an existing state-owned enterprise or Government entity.
Existing Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India. Any Existing or Current Regulations or measures in force on the date of entry of this Agreement.
23.
Sector: Acquisition of Land
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 85)
Description: India reserves the right to adopt or maintain any measure with respect to the acquisition of land (including agricultural land) by non-residents.
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.
Transfer of Property Act, 1882 and all regulations/rules/orders issued thereunder.
The Registration Act, 1908 and all regulations/rules/orders issued thereunder.
The Indian Stamp Act, 1899 and all regulations/rules/orders issued thereunder.
The Land Acquisition Act, 1894 and all regulations/rules/orders issued thereunder.
Other existing or current regulations or measures in force on the date of entry of this Agreement.
24.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: Prohibition of Performance Requirement (Article 89)
Description: India reserves the right to adopt or maintain any measure relating to Technology Transfer and Senior Management Board of Directors.
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.
Transfer of Property Act, 1882 and all regulations/rules/orders issued thereunder.
The Registration Act, 1908 and all regulations/rules/orders issued thereunder.
The Indian Stamp Act, 1899 and all regulations/rules/orders issued thereunder.
The Land Acquisition Act, 1894 and all regulations/rules/orders issued thereunder.
Other existing or current regulations or measures in force on the date of entry of this Agreement.
Part 2. Schedule of Japan
1. The Schedule of Japan sets out, pursuant to paragraph 2 of Article 90, the reservations taken by Japan 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, the term "JSIC" means Japan Standard Industrial Classification set out by the Ministry of Internal Affairs and Communications, and revised on November 6, 2007.
1.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 85) Prohibition of Performance Requirements (Article 89)
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 other Party or their investments;
(o) impose limitations on the ability of investors of the other Party 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 85) Prohibition of Performance Requirements (Article 89)
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 liberalised 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 non-commercial 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 85) Most-Favoured-Nation Treatment (Article 86)
Description: National Treatment and Most-Favoured- Nation Treatment may not be accorded to investors of the other Party 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 85) Prohibition of Performance Requirements (Article 89)
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