ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/JPN 
24 de enero de 2003 
 (03-0472) 
Comercio de Servicios Original:   inglés 
   
JAPÓN 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene un proyect o de la Lista refundida de Compromisos 
Específicos de Japón, en formato Word.  Este doc umento no sustituye los co mpromisos jurídicamente 
vinculantes contraídos por Japón en su Lista de Compromisos Específicos (GATS/SC/46;  
GATS/SC/46/Suppl.2;  GATS/SC/46/Suppl.3).   El proyecto de Lista refundida fue preparado por la Secretaría, a petición de los Miembros, 
para facilitar el proceso de las negociaciones, incluida la presentación de ofertas iniciales. 
 
_______________ 
 
  
                                                     
 
1 Este documento se ha preparado, en inglés solament e, bajo la responsabilidad de la Secretaría y sin 
perjuicio de las posiciones de los Miembros ni de sus derechos y obligaciones en el marco de la OMC. S/DCS/W/JPN 
Página 2  
 
   
Note for transparency  
 
(i) Alphabets and numbers i ndicated in each sector-specific commitments  are reference to Services Sectoral 
Classification List (GATT Secretariat's Documents MTN.GNS/W/120, dated 10 July 1991) and 
Provisional Central Product Classification (Statistic al Papers Series M No. 77, Department of 
International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).  These alphabetical and numerical divisions are indica ted to enhance the clarity in the description of 
specific commitments, but shall not be construed as being a part of the specific commitments. 
 (ii) The modes of supply 1), 2), 3) and 4) indicated in this schedule of specific commitments correspond 
respectively to the supply of services defined under pa ragraph 2.a), b), c) and d) of Article I of this 
Agreement. 
 
 
    
 
_______________  
   S/DCS/W/JPN
 Página 3JAPAN – SCHEDULE OF SPECIFIC COMMITMENTS 
 
Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL COMMITMENTS  
ALL SECTORS INCLUDED  
IN THIS SCHEDULE   
 
 
4) Unbound except for m easures concerning the 
entry and temporary stay of a natural person 
who falls in one of the following categories: 
 3) Unbound for research and development 
subsidies 
 
4) Unbound except for m easures concerning the 
categories of natural persons referred to in the 
market access column 
  
  (a) A natural person who has been employed 
 by a juridical person of a Member other 
 than Japan for a period of not less than 
 one year immediately preceding the date  of his application for the entry and 
 temporary stay in Japan, and who is being 
 transferred, for a period not exceeding 5 
 years, to a branch office or a juridical 
 person constituted or registered in Japan 
 owned or controlled by the  aforementioned juridical person of a 
 Member other than Japan, provided that 
 he will be engaged in one of the following 
 activities: 
  Unbound for research and development 
subsidies 
  
  (i) Activities to direct a branch office as its 
 head; 
  (ii) Activities to direct a juridical person as its 
 board member or auditor; 
  (iii) Activities to direct one or more 
 departments or a juridical person; 
    S/DCS/W/JPN 
Página 4 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  (iv) Activities which require technology 
 and/or knowledge at an advanced level 
 pertinent to physical sciences, engineering 
 or other natural sciences;  and   
  (v) Activities which require knowledge at an 
 advanced level pertinent to jurisprudence, 
 economics, business management, 
 accounting or other humanities sciences. 
   
  (b) A natural person who has been employed 
 by a juridical person of a Member other  than Japan or has been a partner in it for a 
 period not less than one year immediately 
 preceding the date of his application for  the entry and temporary stay in Japan, and 
 who is being transferred to Japan, for a 
 period not exceeding 5 years and who will  return to the aforementioned juridical 
 person of a Member other than Japan 
 upon the expiration of the said period, 
 provided that he will be engaged in one of 
 the following activities of professional  services which may be engaged only as a 
 natural person and not as an employee: 
   
  (i) Legal services supplied by a lawyer 
 qualified as "Bengoshi" under Japanese 
 law; 
 
 (ii) Consultancy on law of jurisdiction where 
 the service supplier is a qualified lawyer;     S/DCS/W/JPN
 Página 5Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  (iii) Legal services supplied by a patent 
 attorney qualified as "Benrishi" under 
 Japanese law; 
  (iv) Legal services supplied by a maritime 
 procedure agent qualified as 
 "Kaijidairishi" under Japanese law; 
 
 (v) Accounting, auditing and bookkeeping  
 services supplied by  an accountant  qualified as "Koninkaikeishi" under 
 Japanese law;  and   
  (vi) Taxation services supplied by a tax 
 accountant qualified as "Zeirishi" under  Japanese law. 
   
 
  (c) A natural person who stays in Japan for a 
 time period not exceeding 90 days 
 without acquiring remuneration from 
 within Japan and without engaging in 
 making direct sales to the general public 
 or in supplying services himself, for the  purposes of participating in business 
 contacts including negotiations for the 
 sale of services and/or other similar  activities including those to prepare for 
 establishing commercial presence in 
 Japan. 
   
  Activities which require technology or  
 knowledge at an advanced level pertinent to   natural or humanities sciences referred to in  
 (a) (iv) and (v) mean: activities in which the  
 natural person may not be able to engage   without the application of specialized  
 technology or knowledge of natural or  
 humanities sciences acquired by him, in   principle, by completing college education  
 (i.e. bachelor's degree) or higher education.  
  
  S/DCS/W/JPN 
Página 6 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
II. SECTOR SPECIFIC COMMITMENTS 
 
1. BUSINESS SERVICES 
    
A. Professional Services  
    
(a) Legal services supplied by 
a lawyer qualified as 
"Bengoshi" under Japanese law (861) 1) Services must be supplied by a natural person. 
 Commercial presence is required. 
2) Services must be supplied by a natural person.  Commercial presence is required. 
3) Services must be supplied by a natural person. 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 Commercial presence is  required.  1) None 
 
2) None  
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
(a) Consultancy on law of 
jurisdiction where the service supplier is a 
qualified lawyer 
 
 (i) Consultancy on law 
 does not include : 
 1) Services must be supplied by a natural person. 
 Commercial presence is required. 2) Services must be supplied by a natural person. 
 Commercial presence is required. 
3) Services must be supplied by a natural person. 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 Commercial presence is  required. 1) A service supplier is re quired to stay in Japan 
not less than 180 days in a year. 
2) A service supplier is re quired to stay in Japan 
not less than 180 days in a year. 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in  
HORIZONTAL COMMITMENTS 
 A service supplier is re quired to stay in Japan 
not less than 180 days in a year. 
 3) (i) Practice of 
 international law  is permitted, 
 provided that the 
 international law 
 is or was in force 
 in the jurisdiction.   Practice of third 
 country law and 
 Japanese law is  not permitted.
 
 (a) legal representation for 
 juridical procedures in  courts and other gove
 rnment agencies as 
 well as preparation of  legal documents for 
 such procedures;    
 (ii) Association with 
 Bengoshi is 
 permitted.  
 Employment of  Bengoshi is not 
 permitted.
   S/DCS/W/JPN
 Página 7Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (b) expression of legal 
 opinions concerning 
 laws other than laws of 
 the jurisdiction where  the service supplier is 
 qualified as a lawyer 
 (hereinafter referred to  as the "jurisdiction" in 
 this sector); 
 (c) legal representation for 
 the entrustment of the 
 preparation of notarial 
 deeds;  and 
 (d) those activities 
 concerning a legal case 
 whose primary  objective is the 
 acquisition or loss or 
 change of rights  concerning real 
 property in Japan or of 
 industrial property 
 rights, mining rights or 
 other rights arising  upon registration 
 thereof with 
 government agencies  in Japan,    (iii) Use of firm name 
 is unrestricted, 
 provided that it is 
 followed with  reference to 
 “Gaikoku-Ho-
 Jimu-Bengoshi  Jimusho”. 
 
 (iv) Representation in 
 arbitration is 
 permitted, 
 provided that the  applicable law in 
 the arbitration is 
 the law which the  service supplier is 
 qualified to 
 practice in Japan. 
  S/DCS/W/JPN 
Página 8 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (ii) A service supplier shall 
 be required to 
 cooperate with 
 Bengoshi or to ask for  his advice in a legal 
 case concerning family 
 relations or inheritance,  in which a Japanese 
 national is involved as 
 a party, or in a legal  case whose objective is 
 the acquisition or loss 
 or change of rights  concerning real 
 property in Japan or of 
 industrial property  rights, mining rights or 
 other rights arising 
 upon registration  thereof with 
 government agencies 
 in Japan, as long as the 
 above objective is not 
 the primary one. 
   
 
Note for transparency  
 
 A service supplier must be recognized as "G aikoku-Ho-Jimu-Bengoshi" by the Minister of Justice and register with the Japan Fede ration of Bar Associations. 
 
 The conditions for granting recognition by the Minister of Justice are as follows: 
  (i) The service supplier is qualified as a lawyer in the jurisdiction. 
 (ii) The service supplier has engaged himself as a lawyer for at least 5 years in the jurisdiction. 
 (iii) The service supplier is not subject to such conditions of  disqualification in the jurisdiction which, if applied to Beng oshi, would disqualify the Bengoshi. 
 (iv) The service supplier possesses the intention to undertake the profession in good faith. 
 (v) The service supplier possesses plans, residence and financial basis to perform his functions properly and steadily. 
 (vi) The service supplier possesses capability to compensate for damages caused to the client, if any. 
   S/DCS/W/JPN
 Página 9Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(a) Legal services supplied by  
 a patent attorney qualified  
 as "Benrishi" under  
 Japanese law (86119, 8612,   8613, 8619) 1) Services must be supplied by a natural person 
 Commercial presence is required 
2) Services must be supplied by a natural person. 
 Commercial presence is required. 3) Services must be supplied by a natural person. 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 Commercial presence is required 
 1) None 
2) None 
 
 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
(a) Legal services supplied by   a maritime procedure agent  
 qualified as "Kaijidairishi"  
 under Japanese law  1) Services must be supplied by a natural person. 
2) Services must be supplied by a natural person. 
3) Services must be supplied by a natural person.  
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(b) Accounting, auditing and 
bookkeeping services 
supplied by an accountant 
qualified as 
"Koninkaikeishi" under Japanese law 
 (CPC 862) 
 1) Services must be supplied by a natural person 
or by an Audit Corporation
1. 
 Commercial presence is required for an Audit 
Corporation. 
2) Services must be supplied by a natural person 
or by an Audit Corporation. 
 Commercial presence is required for an Audit 
Corporation 1) None 
 
 
 
2) None   
 3) Services must be supplied by a natural person  
 or by an Audit Corporation. 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS  
                                                      
1Audit Corporation under Japanese law is comp osed of five or more partners who are accountants qualified as "Koninkaikeishi" und er Japanese law and have the right 
and obligation to execute activiti es of the Audit Corporation.  S/DCS/W/JPN 
Página 10 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(c) Taxation services supplied  
 by a tax accountant  
 qualified as "Zeirishi"  
 under Japanese law  (CPC 863) 
 1) Services must be supplied by a natural person. 
 Commercial presence is required 
2) Services must be supplied by a natural person. 
 Commercial presence is required. 3) Services must be supplied by a natural person. 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 Commercial presence is required. 
 1) None 
 
2) None 
 3) None except as indicated in HORIZONTAL 
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS  
(d),(e) Architectural services 
 A supplied by a service 
 supplier qualified as 
 "Kenchikushi" under  Japanese law, or by a 
 service supplier using 
 "Kenchikushi" 
 1) Commercial presence is required. 
2) Commercial presence is required. 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
 Architectural services A  
 covers services which must  
 be supplied by a service  
 supplier qualified as   "Kenchikushi" under  
 Japanese law, or by a  
 service supplier using   "Kenchikushi". 
 (CPC 86712, 86713,  
 86714
2) (CPC 86722,  
 86723, 867242, 867252, 
867272) 
    
                                                      
2 Limited to services necessary for building c onstruction excluding post construction services.   S/DCS/W/JPN
 Página 11Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(d),(e) Architectural services 
 B supplied by a service 
 supplier qualified as 
 "Kenchikushi" under  Japanese law, or by a 
 service supplier using 
 "Kenchikushi 
 1) Commercial presence is required
3. 
2) Commercial presence is required3. 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
 Architectural services B   covers services which may  
 be supplied by a service   supplier unqualified as  
 "Kenchikushi" under  
 Japanese law, or by a   service supplier not using  
 "Kenchikushi" (including  
 business related to contracts   of construction works for  
 buildings, supervising  
 construction works for  
 buildings, inspection and  
 evaluation of buildings, and   representation of  
 procedures based on laws,  
 regulations or ordinances   concerning construction  
 works for buildings). 
   
 
(d),(e), Architectural services 
(g)  other than architectural 
 services A and B 
  (CPC 867114, 867144, 
 867194) (CPC 867214) 
 (CPC 867424) 1) None 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
3 In case Architectural services B is supp lied by a service supplier unqualified as "Ken chikushi" under Japanese law, or by a se rvice supplier not using "Kenchikushi", 
commercial presence is not required.  
4  Limited to services necessary for building construction.  S/DCS/W/JPN 
Página 12 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(e),(f) Engineering services 
 and integrated 
 engineering services 
 (excluding services  related to petroleum, 
 petroleum products, 
 gas and mineral) 
  (CPC 8672
5) 
  (CPC 86735) 
 1) None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(e), (g), F.(e), F.(m) 
 Civil engineering 
consulting services 
 (CPC 867216, 867246, 
867276, 867296) 
 (CPC 86741, 867426) 
 (CPC 867616) 
 (867516,  867526) 
 1) None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
B. Computer and Related 
Services  
  (excluding services of air 
transport computer 
reservation system) 
 (CPC 841, 842, 843, 
  844, 845, 849) 
 1) None 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS  1) None 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
5 Excluding architectural services and civil engineering consulting services. 
6 Limited to services necessary for civil engineering excluding engineering design services for buildings.     S/DCS/W/JPN
 Página 13Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
C. Research and Development  
 Services  
    
(b) Research and development  
 services on social sciences   and humanities 
 (CPC 852) 
 1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS  
D. Real Estate Services     
(a) Real estate services   involving own or leased  
 property (for the property  
 in Japan)  (CPC 821) 
 1) Commercial presence is required. 
2) Commercial presence is required. 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(a) Real estate services   involving own or leased  
 property (for the property   outside Japan) 
 (CPC 821) 
 1) None 
2) None 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(b) Real estate services on a fee   or contract basis (for the  
 property in Japan) 
 (CPC 822)  1) Commercial presence is required. 
2) Commercial presence is required. 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS   S/DCS/W/JPN 
Página 14 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(b) Real estate services on a fee  
 or contract basis (for the  
 property outside Japan) 
 (CPC 822) 1) None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
E. Rental and Leasing  
 Services without  
 Operators  
    
(c) Rental and leasing services,  
 without operators, related   to transport equipment  
 other than vessels and  
 aircrafts  (CPC 83101, 83102,  
 83105) 1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 
 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS 
 
(d),(e) Rental and leasing   services, without 
 operators, related to 
 machineries and 
 equipment other than 
 transport equipment 
  (CPC 83106-83109) 
  (CPC 832) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS  1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS    S/DCS/W/JPN
 Página 15Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
F. Other Business Services     
(a) Advertising services 
 (CPC 871) 
 1) None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
(b) Market research and public  
 opinion polling services 
 (CPC 864)  1) None 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS  1) None 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS   
(c) Management consulting   services  (CPC 865) 1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS 
  S/DCS/W/JPN 
Página 16 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 
(d) Services related to  
 management consulting 
 (CPC 86601, 86609)   
1) None 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS   
1) None 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(k) Placement services of  
 personnel within Japan in  
 the following twenty nine   occupations (limited to  
 services to establish  
 employment relationship   between a job applicant and  
 an employer seeking  
 personnel on the basis of   job applications and offers): 
 1) Unbound 
2) Unbound
∗ 
3) The number of licences conferred to service  
 suppliers may be limited. 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound 
2) Unbound* 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS   
                                                      
∗ Unbound due to lack of technical feasibility.   S/DCS/W/JPN
 Página 17Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (i)  fine artist, 
 (ii)  entertainer, 
 (iii)  scientific 
  technician, 
 (iv)  physician, 
 (v)  dentist, 
 (vi)  pharmacist,  (vii)  midwife, 
 (viii) nurse, 
 (ix)  medical  
  technician, 
 (x)  dental  
  technician,   
 
 (xi)  dress  
  designer, 
 (xii)  audiovisual 
  and theatrical   technician, 
 (xiii) lawyer, 
 (xiv) certified  
  public  
  accountant, 
 (xv)  patent  
  attorney, 
 (xvi) business 
  manager,   
  S/DCS/W/JPN 
Página 18 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (xvii) fresh cake 
  making  
  technician, 
 (xviii) house-keeper,  (xix) barber, 
 (xx)  hairdresser, 
 (xxi) Japanese-
  kimono  
  dresser, 
 (xxii) attendant for 
  services at 
  table, 
 (xxiii) model,   
 
 (xxiv) cook, 
 (xxv) bartender, 
 (xxvi) laundry  
  technician, 
 (xxvii) interpreter, 
 (xxviii) floor sales 
  person, and 
 (xxix) sightseeing 
  bus tour    conductor 
 (CPC 87201, 87202)      S/DCS/W/JPN
 Página 19Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(k) Supply services of  
 personnel within Japan7 in  
 the following sixteen  
 categories of business   (limited to services to  
 dispatch workers employed  
 by the service supplier to   work under the direction of  
 another person while  
 employment relationship   with the service supplier is  
 maintained): 1) Unbound 
2) Unbound
∗ 
3) The number of licences conferred to service  
 suppliers may be limited. 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS  1) Unbound 
2) Unbound* 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
 (i) Designing or 
 maintenance of a  system run by 
 computer, or 
 designing, developing  or maintenance of a 
 computer program;   
 
 (ii) Designing or drafting 
 of machinery, devices 
 or instruments  (hereinafter referred to 
 as "machineries") or 
 equipment consisting  of machineries;   
 
 (iii) Operating machinery 
 for picture recording,  sound recording, etc., 
 used in the production 
 of broadcasting  programs; 
 (iv) Directing production of 
 broadcasting programs;   
 
                                                      
7  (Note for transparency) The dispatched worker may not be supplied from outside of Japan through intra-corporate transfer. 
∗ Unbound due to lack of technical feasibility.  S/DCS/W/JPN 
Página 20 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (v) Operating computers, 
 typewriters, telex or 
 other similar office 
 machinery; 
 vi) Interpretation, 
 translation or 
 shorthand;    
 (vii) Secretarial work for a 
 representative or other 
 person in similar 
 managerial position of  a juridical person;   
 
 (viii) Classifying or filing 
 documents, magnetic  tapes, etc., which 
 requires advanced 
 expertise, technique or  experience;   
 
 (ix) Research of market, 
 etc. or arrangement or 
 analysis of the result of 
 such research in order  to obtain basic data 
 necessary for the 
 development of new  products, or the 
 preparation of sales 
 plans, etc.; 
 (x) Preparation of balance 
 sheets, statements of 
 profits and loss, and  other financial 
 documents, or other 
 work handling  financial affairs;   
   S/DCS/W/JPN
 Página 21Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (xi) Preparation of 
 documents concerning 
 international trade or 
 other external  transactions, or of 
 written contracts, 
 receipt notes, bills of  lading or other similar 
 documents concerning 
 domestic transactions;   
 
 (xii) Introduction and 
 explanation of the 
 capacity and operation, 
 etc., of computers, cars  and other machinery 
 which require 
 advanced expertise,  technique or 
 experience in order to 
 operate appropriately;   
  S/DCS/W/JPN 
Página 22 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (xiii) Administering 
 itineraries for tourists, 
 by accompanying 
 them, offering services  incidental to such 
 administering work for 
 the convenience of  tourists (excluding 
 attendant services 
 provided inside  vehicles, vessels or 
 aircrafts), or 
 welcoming and  sending off tourists in 
 the buildings which are 
 used for boarding and  alighting or waiting by 
 passengers and are 
 installed at the stations  or platforms of 
 vehicles, vessels and 
 aircrafts;   
 
 (xiv)Cleaning of  
  buildings;      S/DCS/W/JPN
 Página 23Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 (xv) Operation, inspection, 
 or maintenance of the 
 facilities for electricity, 
 gas, water supply,  drainage, ventilation, 
 heating, air 
 conditioning, fire  extinguishing, 
 discharge of smoke or 
 sanitation, and  chimneys, elevators or 
 lightning rods, installed 
 in the building  (hereinafter referred to 
 as "building 
 facilities");  and    
 (xvi) Reception of visitors 
 or providing guidance 
 to them in buildings or 
 exposition sites, or 
 attending a parking lot 
 attached to those  buildings, and 
 maintenance and 
 management of the  facilities (excluding 
 building facilities) 
 installed in buildings  for the purpose of 
 offering convenience 
 for visitors, workers or  residents of the 
 buildings, in order to 
 facilitate efficient  utilization of the 
 buildings. 
  (CPC 87203, 87209)    
  S/DCS/W/JPN 
Página 24 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(m) Related scientific and  
 technical consulting  
 services (excluding services  
 related to petroleum,   petroleum products, gas,  
 mineral, and surveying) 
 (CPC 86751, 86752) 1) None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
(m) Surveying services for the  
 land in Japan 
 (CPC 86753, 86754) 
 1) Commercial presence is required except for  
 the surveying conducted  by not using Basic  
 Survey8 data or Public Survey9 data, and the  
 surveying for small areas or the surveying not   requiring high accuracy. 1) None  
 2) Commercial presence is required except for  
 the surveying conducted  by not using Basic  
 Survey data or Public Survey data, and the  
 surveying for small areas or the surveying not  
 requiring high accuracy. 2) None  
 3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
(m) Surveying services for the  
 land outside Japan 
 (CPC 86753, 86754)  1) None 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS   
                                                      
8  Basic Survey is a primary or fundamenta l survey, conducted by the Geographical Survey  Institute of the Ministry of Constructi on, for all surveys. 
9  Public Survey is a survey, other than Basic Survey, which does not include the surveying for small areas and the surveying no t requiring high accuracy, conducted 
under the expenses partially or in full of, or under the s ubsidization of the Governme nt or other public entities.    S/DCS/W/JPN
 Página 25Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(n) Maintenance and repair  
 services of equipment  
 (excluding vessels, aircrafts  
 and other transport   equipment) 
 (CPC 633, 8861-8866) 1) Unbound
∗ 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS  1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
(o) Building-cleaning services 
 (CPC 87401, 87402, 87403, 
87409) 
 1) Unbound* 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(p) Photographic services 
 (CPC 875)  1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 
 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS 
  
(q) Packaging services 
 (CPC 876) 
 1) None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
∗ Unbound due to lack of technical feasibility.   S/DCS/W/JPN 
Página 26 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(r) Printing and publishing  
 services 
 (CPC 88442) 1) None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(s) Convention services 
 (CPC 87909)  1) Unbound
∗ 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
(t) Translation and 
interpretation services (CPC 87905) 
 1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS  
(t) Speciality design services 
 (CPC 87907)  1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 
 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS 
  
                                                      
∗ Unbound due to lack of technical feasibility.    S/DCS/W/JPN
 Página 27Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
2. COMMUNICATION  
 SERVICES 
    
C. Telecommunications 
Services  
    
 The following basic  
 telecommunications   services supplied by Type I  
 or Type II  
 Telecommunications   Business : 
 1) None 
2) None  1) None 
2) None   Japan undertakes the  
 obligations contained  in the reference paper 
 attached hereto. 
 
(a) Voice telephone services   (CPC 7521) 
 
(b) Packet-switched data   transmission services 
 (CPC 7523) 
 3) Foreign capital participation, direct and/or  
 indirect, in NTT and KDD must be less than  
 one-fifth. 3) Board members and auditors in NTT and KDD  
 are required to have Japanese nationality. 
 As indicated in HORIZONTAL  
 COMMITMENTS  
(c) Circuit-switched data  
 transmission services  (CPC 7523) 
 
(d) Telex services  (CPC 7523)    
(f) Facsimile services 
 (CPC 7521, 7529)  
(g) Private leased circuit  
 services (CPC 7522, 7523)  
(o) Other 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS   S/DCS/W/JPN 
Página 28 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Type I  
 Telecommunications  
 Business is the business  
 which provides   telecommunications  
 services by establishing  
 telecommunications circuit   facilities.   
 
 Type II   Telecommunications  
 Business is any  
 telecommunications   business other than Type I  
 Telecommunications  
 Business     
 Telecommunications circuit  
 facilities are transmission  
 line facilities connecting  
 transmitting points with  
 receiving points, switching   facilities installed as  
 inseparable units therefrom,  
 and other facilities   accessory to such facilities.    
 Value-added services  
 supplied by Type II   telecommunications  
 business including: 
 (h) Electronic mail services;  
 (CPC 7523) 
 (i) Voice mail services; (CPC  
 7521) 
 1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 
 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS    S/DCS/W/JPN
 Página 29Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(j) n-line information and data  
 base retrieval services; 
 (CPC 7523) 
 (k) Electronic data interchange  
 (EDI) services; 
 (CPC 7523)     
(l) Enhanced facsimile  
 services; 
 (CPC 7529)  
(m) Code and protocol  
 conversion services;  and   (CPC 7523) 
 
(n) On-line information and/or   data processing services. 
 (CPC 843) 
    
 Specific commitments in  
 the sectors of   Telecommunications 
 Services do not include  
 voice transmission services   supplied through the use of  
 domestic leased circuits  
 interconnected with public   switched networks.     S/DCS/W/JPN 
Página 30 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Type II 
 Telecommunications  
 business is any  
 telecommunications   business other than Type I  
 telecommunications  
 business. Type I   telecommunications  
 business is any business  
 which supplies   telecommunications  
 services by establishing  
 telecommunications circuit   facilities.   
 Telecommunications circuit  
 facilities are transmission   line facilities connecting  
 transmitting points with  
 receiving points, switching   facilities installed as  
 inseparable units therefrom,  
 and other facilities  
 accessory to such facilities. 
    
D. Audiovisual Services  
    
(a) Motion picture and video  
 tape production and   distribution services 
 (CPC 9611) 1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS    S/DCS/W/JPN
 Página 31Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(b) Motion picture projection  
 services  
 (CPC 9612) 1) Unbound∗ 
2) None 
3) None  1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS  
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
(e) Sound recording services 1)  None 
2) None 
3) None 
 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 OMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
3. CONSTRUCTION AND  
 RELATED   ENGINEERING  
 SERVICES 
 (excluding services related 
to mining) 
 1) Unbound* 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS  
A. General Construction  
 Services for Buildings   
 (CPC 512) 
    
B. General Construction 
Services for Civil 
Engineering  
 (CPC 513) 
 
C. Installation and Assembly 
Services  
 (CPC 514, 516)    
                                                      
∗ Unbound due to lack of technical feasibility.   S/DCS/W/JPN 
Página 32 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
D. Building Completion and 
Finishing Services   
 (CPC 517) 
    
E. Other  
 (CPC 511, 515, 518) 
    
4. DISTRIBUTION 
SERVICES 
    
A. Commission Agents' 
Services  
 (CPC 621, 61111, 61130,  
 61210)  
B. Wholesale Trade Services
 
 (CPC 622, 61111, 
 61130, 61210) 
 
C. Retailing Services  
 (CPC 631, 632, 61112, 
61130, 61210) 1) None 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL  
 COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
    
      S/DCS/W/JPN
 Página 33Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
D. Franchising Services  
 (CPC 8929) 
 
 Specific commitments in   the sectors of Distribution  
 Services do not include  
 services related to   petroleum, petroleum  
 products, rice, tobacco, salt,  
 alcoholic beverages, and   those supplied at Public  
 Wholesale Market.  Public  
 Wholesale Market is a   market established under  
 national or local  
 government approval for   commission agents'  
 services and wholesale  
 trade services of fresh  foods including vegetables, 
 fruits, marine products, 
 meats and other daily 
 foods, and flowers, with 
 auction or bidding hall,  parking lot and other 
 facilities necessary for trade 
 and disposal of above  goods, which is operated on 
 a permanent basis.  
    S/DCS/W/JPN 
Página 34 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
5. EDUCATIONAL 
SERVICES 
    
 The following Educational  
Services supplied by Formal Education 
Institutions established in 
Japan (Formal Education Institutions are elementary 
schools, lower secondary 
schools, upper secondary schools, universities, 
technical colleges, schools 
for the blind, schools for the deaf, schools for the 
handicapped and 
kindergartens.): 
 1) Unbound
∗ 
2) Unbound* 
3) Formal Education Institutions must be  
 established by school juridical persons.10 
4) Unbound 
 
 1) Unbound* 
2) Unbound* 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound  
  
A. Primary Educational  
 Services;  
 (CPC 9211, 9219) 
 B. Secondary Educational 
 
 Services ;  and 
 (CPC 9221, 9222, 
 9223) 
 
C. Higher Educational  
 Services.  
 (CPC 9231, 9239)    
                                                      
∗ Unbound due to lack of technical feasibility.  
10 A school juridical person is a non-profit juridical person established for the purpos e of supplying educat ional services under  Japanese law.   S/DCS/W/JPN
 Página 35Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
D. Adult Educational Services  
 
 Foreign language tuition 
services for adults (excluding services 
supplied by Formal 
Education Institutions established in Japan. 
Formal Education 
Institutions are elementary schools, lower secondary 
schools, upper secondary 
schools, universities, technical colleges, schools 
for the blind, schools for 
the deaf, schools for the handicapped, kindergartens, 
special training colleges 
and miscellaneous schools.) 
 (92400) 
 1) None 
2) None 
3) None 
 3) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS   S/DCS/W/JPN 
Página 36 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
6. ENVIRONMENTAL 
SERVICES 
    
A. Sewage Services  
 (CPC 9401)  1) Unbound* 
2) None 3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
B. Refuse Disposal Services  
 (CPC 9402) 
 1) Unbound∗ 
2) None 
3) The number of licences conferred to service 
suppliers of waste oil disposal at sea from 
vessels may be limited. 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
C. Sanitation and Similar 
Services  
 (CPC 9403) 
 1) Unbound∗ 
2) None 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
                                                      
*Unbound due to lack of technical feasibility.  
 *Unbound due to lack of technical feasibility.    S/DCS/W/JPN
 Página 37Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
D. Other  
 
 Cleaning services of 
exhaust gases 
 (CPC 9404) 
 
 Noise abatement services  (CPC 9405) 
 
 Nature and landscape 
protection services 
 (CPC 9406) 
  Other environmental 
protection services 
 (CPC 9409) 1) Unbound* 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
7. FINANCIAL SERVICES 
 
 In addition to Part III of this Agreement and the Annex on Financial Services, Japan undertakes its specific commitments with respect to Financial Services under this 
Agreement in accordance with the Understanding on Commitments in Financial Se rvices (hereinafter referred to as the "Understand ing", attached to this schedule, 
which forms an integral part of this schedule).  Thus, the obligations under the Understanding are incurred in the sectors of F inancial Services additionally to those 
covered by the provisions of Part III of this Agreement and the Annex on Financial Services. 
 
 For prudential reasons within the context of paragraph 2(a) of the Annex on Financial Services, Japan shall not be prevented f rom taking measures such as non-
discriminatory limitations on juridical forms of a commercial presence.  For the same reasons, Japan shall not be prevented fro m applying non-discriminatory 
limitations concerning admission to the market of new financial se rvices which shall be consistent with regulatory framework ai med at achieving such prudential 
objectives.  In this context, securities firms are allowed to d eal in securities defined in the relevant Japanese law, and bank s are not allowed to deal in those securities 
unless allowed in accordance with the said law. 
 
 With respect to specific commitments in th e sectors of Financial Services, services supplied in the territory of a Member othe r than Japan to the service consumer in 
Japan without any active marketing from the service supplier are considered as servi ces supplied under paragraph 2(b) of Articl e I of this Agreement. 
  S/DCS/W/JPN 
Página 38 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 
A. Insurance and Insurance-
Related Services  
  
 Specific commitments in the market access 
column with respect to the supply of a service 
as prescribed in paragraphs 2(a) and (b) of Article I of this Agreement are unbound 
except for obligations under paragraphs 3 and 
4 of the Understanding respectively which are incurred in this sector additionally to those 
covered by the provisions of Part III of this 
Agreement and the Annex on Financial Services, subject to conditions and 
qualifications set out below.   
 Japan undertakes the  
 ADDITIONAL 
 COMMITMENTS  attached hereto 
 1) Commercial presence is in principle required 
for insurance contracts on the following items and any liability arising therefrom: 
 
 (a) goods being transported within Japan;  
 (b) ships of Japanese registration which are 
 not used for international maritime 
 transport. 
  60 per cent of amounts of reinsurance on the 
compulsory automobile third party liability 
insurance is subject to the compulsory coverage by the Government. 
 
 Insurance services are not allowed to be 
supplied through an intermediary in Japan. 
 1) None 
    S/DCS/W/JPN
 Página 39Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 2) Commercial presence is in principle required 
for insurance contracts on the following items 
and any liability arising therefrom: 
  (a) goods being transported within Japan; 
 
 (b) ships of Japanese registration which are 
 not used for international maritime 
 transport. 
  60 per cent of amounts of reinsurance on the 
compulsory automobile third party liability 
insurance is subject to the compulsory coverage by the Government. 
 
 Insurance services are not allowed to be 
supplied through an intermediary in Japan. 2) None 
  
 3) 60 per cent of amounts of reinsurance on the 
compulsory automobile third party liability 
insurance is subject to the compulsory 
coverage by the Government. 
  Insurance intermediation services are not 
allowed to be supplied for insurance contracts 
made by an insurance service supplier who is not licensed in Japan. 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
 
 
  
 
  
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
   S/DCS/W/JPN 
Página 40 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
B. Banking and Other 
Financial Services   
 
 (excluding Insurance and 
Insurance-Related Services)  Specific commitments in the market access 
column with respect to the supply of a service 
as prescribed in paragraphs 2(a) and (b) of 
Article I of this Agreement are unbound except for obligations under paragraphs 3 and 
4 of the Understanding respectively which are 
incurred in this sector additionally to those covered by the provisions of Part III of this 
Agreement and the Annex on Financial 
Services subject to conditions and qualifications set out below. 
   Japan undertakes the  
 ADDITIONAL  
 COMMITMENTS 
 attached hereto 
 1) Commercial presence is required for 
discretionary investment management services. 
2) "None" after April 1998. 
 Before April 1998, supply of services is 
subject to all the following limitations: 1) None 
  
2) None 
  
  Overseas deposits and trust contracts 
denominated in foreign currencies, the sum of 
which are over 200 million yen value, and 
those denominated in yen are subject to approval.  Business corporations which satisfy 
the standards of in-house systems relating to 
legal affairs, risk management and financial management set out by the Ministry of 
Finance may be given an approval effective 
for an indefinite period of time with respect to overseas deposits denominated in foreign 
currencies over 200 mi llion yen value for the 
purpose of portfolio investment subject only to ex post  reporting.   
  The following capital tr ansaction services may 
be supplied through authorized foreign exchange banks in Japan, or otherwise are in 
principle subject to approval: 
     S/DCS/W/JPN
 Página 41Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  (a) Trade in: 
 
 (i) payment instruments such as cheques and 
 bills; 
 
 (ii) foreign exchange; and 
  (iii) derivative products which involve 
 outright foreign exchange transactions 
 such as currency spot options. 
   
  Business corporations are exempted from 
obtaining approval and may invest in all 
securities derivative products listed on overseas exchanges for their own account 
subject only to ex post  reporting.   
  Business corporations which satisfy the 
standards of in-house systems relating to legal 
affairs, risk management and financial 
management set out by the Ministry of 
Finance are exempted from obtaining approval 
and may invest in financial futures and options listed on overseas exchanges for their own 
account subject only to ex post  reporting. 
    S/DCS/W/JPN 
Página 42 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  (b) Special methods of settlement such as 
  offsetting and any method whereby a 
  resident either makes payment for the 
  non-resident concerned to another    resident or receives payment made by 
  another resident for the non-resident 
  concerned.  
 (c) Swaps   
 3) Commercial presence for investment trust 
management services must be juridical person established in Japan. 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 3) The desposit insurance system does not cover 
deposits taken by branches of foreign banks 
 As indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 3) With respect to the 
assets of Employees’ Pension Funds 
qualified by the 
Minister of Health and Welfare to be 
managed by 
discretionary investment 
management service 
suppliers, Japan no 
longer employs the 
classification of New 
Money
∗ and assets 
other than New 
Money. 
 
  
 
  
 
 
 
                                                      
∗ New Money is an asset mainly consisting of accumulation of premiums collected by Empl oyees’ Pension Funds after the day when su ch Funds are qualified by the Minister of Health 
and Welfare as appropriate for expanding thei r means of asset management to include di scretionary investment  management service s.   S/DCS/W/JPN
 Página 43Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
8. HEALTH RELATED AND 
SOCIAL SERVICES 
    
A. Hospital Services  
 (CPC 9311) 1) Unbound∗ 
2) None 
3) Unbound except that there is no limitation on 
the participation of foreign capital 
 
 
4) Unbound  1) Unbound* 
2) None 3) Unbound except that there is no limitation on 
the participation of foreign capital 
 As indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound 
  
9. TOURISM AND TRAVEL 
RELATED SERVICES 
    
A. Hotels and Restaurants 
Services   
 (excluding catering 
services) 
 (CPC 6411, 6412, 64194, 
6421, 6422, 6431, 6432) 
 1) Unbound* 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
 Catering services 
 (CPC 6423) 
 1) None 
2) None 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
B. Travel Agencies and Tour 
Operators Services  
 (CPC 7471) 
 1) None 
2) None 3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
∗ Unbound due to lack of technical feasibility.   S/DCS/W/JPN 
Página 44 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
C. Tourist Guides Services  
 (CPC 7472) 
 1) Unbound* 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
10 RECREATIONAL, 
CULTURAL AND 
SPORTING SERVICES 
    
A. Entertainment Services  
 
 (including theatre, live 
bands and circus services) 
 (CPC 9619) 
 1) Unbound∗ 
2) None 3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
B. News Agency Services  
 (CPC 962) 
 1) None 
2) None 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
C. Libraries and Archives 
Services  
 (CPC 96311, 
 96312) 
 1) Unbound* 
2) None 3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
∗ Unbound due to lack of technical feasibility.    S/DCS/W/JPN
 Página 45Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
D. Sporting and other 
Recreational Services  
    
 Sporting services 
 (CPC 9641)  
 Recreation parks and beach 
services 
 (CPC 96491) 
 1) Unbound
∗ 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound
∗ 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
11. TRANSPORT SERVICES 
    
A. Maritime Transport 
Services  
    
(a),(b)  International maritime 
 transport services 
 (including services of  passenger 
 transportation and 
 freight transportation) 
  (CPC 7211, 7212) 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound
 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound 
 
 The following services will  
be made available to 
international maritime transport suppliers on 
reasonable and non-
discriminatory terms and conditions: 
 
(i) pilotage services; (ii) pushing and towing 
services; 
                                                      
∗ Unbound due to lack of technical feasibility 
  S/DCS/W/JPN 
Página 46 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Specific commitments in 
the sector of Maritime 
Transport Services do not 
include "cabotage services",  which cover 
transportation of passengers 
or goods between a port located in Japan and 
another port located in 
Japan and traffic with passengers aboard 
originating and terminating 
in the same port located in Japan.  
 
  (iii) provisioning, fuelling 
and watering services; 
(iv) garbage collecting and 
refuse disposal services; 
(v) port captain's services; 
(vi) navigation aids 
services; 
(vii) shore based 
operational services essential to ship 
operations, including 
communications, water and electrical 
supplies; 
(viii) emergency repair 
services;  and 
(ix) anchorage, berths and 
berthing services. 
 
A. Maritime Auxiliary 
Transport Services  
    
(e) Pushing and towing 
services 
 (CPC 7214) 
 1) Unbound∗ 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
(f) Maritime agency services 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
 
                                                      
∗ Unbound due to lack of technical feasibility.    S/DCS/W/JPN
 Página 47Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(f) Salvaging and refloating 
services, watering services, 
fuelling services, garbage 
collecting services 
 (CPC 7454, 7459) 
 1) None 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
 Specific commitments in 
the sectors of Maritime 
Auxiliary Transport 
Services do not include "cabotage services", which 
cover transportation of 
passengers or goods between a port located in 
Japan and another port 
located in Japan and traffic with passengers aboard 
originating and terminating 
in the same port located in 
Japan. 
    
B. Internal Waterways 
Transport Services  
     S/DCS/W/JPN 
Página 48 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(e) Pushing and towing 
services 
 (CPC 7224) 
 1) Unbound∗ 
2) None 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
(f) Salvaging and refloating 
services, watering services, 
fuelling services, garbage collecting services 
 (CPC 7454, 7459) 1) None 
2) None 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
 Specific commitments in 
the sectors of Internal Waterways Transport 
Services do not include 
"cabotage services", which cover transportation of 
passengers or goods 
between a port located in Japan and another port 
located in Japan and traffic 
with passengers aboard originating and terminating 
in the same port located in 
Japan. 
   
 
C. Air Transport Services     
(d) Aircraft repair and 
maintenance services 
defined in paragraph 6.a) of 
Annex on Air Transport 
Services 
 1) Unbound∗ 
2) None 
3) The number of licences conferred to service 
suppliers may be limited. 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
                                                      
∗ Unbound due to lack of technical feasibility.  
________________________   S/DCS/W/JPN
 Página 49Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(e) Selling and marketing of air 
transport services defined 
in  paragraph 6.b) of Annex 
on Air Transport Services 
 1) None 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
 
(e) Computer reservation 
system (CRS) services 
defined in paragraph 6.c) of 
Annex on Air Transport Services 1) None 
2) None 
3) None 
 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
E. Rail Transport Services  
    
(d) Maintenance and repair 
services of rail transport equipment 
 (CPC 8868) 
 1) Unbound
∗ 
2) None 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
 Rental services of railway 
transport equipment with operators 
 1) None 
2) None 3) None 
 
4) Unbound except as indicated in   HORIZONTAL COMMITMENTS 
 1) None 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
 ∗ Unbound due to lack of technical feasibility.   S/DCS/W/JPN 
Página 50 Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
F. Road Transport Services  
    
(b) Freight transport services 
 (CPC 7123) 
 1) Unbound* 
2) None 
3) Emergency safeguard measures concerning   the limitations on the number of service  
 suppliers and on the number of service  
 operations or on the quantity of service output 4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL   COMMITMENTS 
 
 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
(d) Maintenance and repair  
 services of road transport  
 equipment  (CPC 6112, 8867) 
 1) Unbound* 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 
3) None except as indicated in HORIZONTAL  COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS    S/DCS/W/JPN
 Página 51Mode of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
G. Pipeline Transport Services  
    
(b) Transport serv ices of goods  
 other than fuels 
 (CPC 7139)  1) None 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS  1) None 
2) None 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
H. Services Auxiliary to All  
 Modes of Transport  
    
(b) Storage and warehouse  
 services (excluding services   related to petroleum and  
 petroleum products) 
 (CPC 742)  1) Unbound
∗ 
2) None 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 3) None except as indicated in HORIZONTAL  
 COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL  COMMITMENTS 
  
(d) Customs clearance agent  
 services in Japan 
 1) Unbound* 
2) Unbound* 
3) None  
4) Unbound except as indicated in 
 HORIZONTAL COMMITMENTS 1) Unbound* 
2) Unbound* 
3) None except as indicated in HORIZONTAL 
COMMITMENTS 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
 
 
 
                                                      
∗ Unbound due to lack of technical feasibility.  S/DCS/W/JPN 
Página 52  
 
REFERENCE PAPER
 
 Scope
 
 The following are definitions and principl es on the regulatory framework for the basic 
telecommunications services. 
 Definitions
 
 Users
 mean service consumers and service suppliers. 
 
Essential facilities  mean facilities of a public telecommunications transport network or service that 
  (a) are exclusively or predominantly provide d by a single or limited number of suppliers;  
 and 
 
 (b) cannot feasibly be economically or technically substituted in order to provide a    service.  A major supplier
 is a supplier which has the ability to mate rially affect the terms of participation 
(having regard to price and supply) in the releva nt market for basic telecommunications services as a 
result of: 
  (a) control over essential facilities;  or   (b) use of its position in the market. 
 
 1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
 1.2 Safeguards
 
 
 The anti-competitive practices referred to  above shall include in particular: 
  (a) engaging in anti-competitive cross-subsidization;     (b) using information obtained from comp etitors with anti-competitive results;  and 
 
 (c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and co mmercially relevant information which 
are necessary for them to provide services.  
 2. Interconnection
 
 
2.1 This section applies to linking with suppli ers providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and  to access services provided by anot her supplier, where specific commitments are 
undertaken. 
  S/DCS/W/JPN 
 Página 53 
 
 
2.2 Interconnection to be ensured∗ 
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided: 
  (a) under non-discriminatory terms, cond itions (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates; 
 
 (b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed so that the supplier need not pay 
for network components or facilities that it does not require for the service to be 
provided;  and 
  (c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary additional facilities. 
 
2.3 Public availability of the pro cedures for interconnection negotiations
 
  The procedures applicable for interconnecti on to a major supplier will be made publicly 
available.  
2.4 Transparency of interconnection arrangements
 
  It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer.  
2.5 Interconnection:  dispute settlement
 
  A service supplier requesting interconnection with  a major supplier will have recourse, either: 
  (a) at any time or  
 (b) after a reasonable period of time which has been made publicly known 
 to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 
below, to resolve disputes regarding appropriate te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously. 
 
3. Universal service
 
  Any Member has the right to define the kind of universal service obligation it wishes to maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member.      
   
                                                     
 
∗ The section 2.2 is applied only to a major supp lier which has control over essential facilities. S/DCS/W/JPN 
Página 54  
 
 4. Public availability of licensing criteria
 
  Where a licence is required, the following will be made publicly available:  
 (a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence and 
  (b) the terms and conditio ns of individual licences. 
 
 The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5. Independent regulators
 
 The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of a nd the procedures used by regulators shall be 
impartial with respect to all market participants. 
 6. Allocation and use of scarce resources
 
  Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required.   
_______________ 
 
   S/DCS/W/JPN 
 Página 55 
 
 
JAPAN:  ADDITIONAL COMMITMENTS 
  A. Insurance and Insurance-Related Services
 
 
 Whenever specific commitments in the additiona l commitments column state that appropriate 
authorities will approve an application or will not rej ect a notification, the application or notification 
must meet the applicable legal criteria.  The appr opriate authorities will apply the legal criteria in a 
fair and transparent manner, and will interpret th em with a view toward allowing insurance service 
suppliers to differentiate, on the basis of the risk in sured, the rates, forms and distribution of products. 
 
1. Appropriate authorities will appr ove applications for a direct response system for automobile 
insurance, and will approve payment of premiums through the use of credit cards with the policy 
effective from the date when the insurance service supplier accepts credit card payment. 
 
 A direct response system ("Tsushin-Hanbai") for automobile insurance is defined as a 
distribution method whereby insurance service supp liers offer their products to consumers through 
advertising media, such as newspapers and magazi nes, and through direct mail or telephone calls;  
accept applications of consumers delivered via mail or  telephone calls;  and enter into contracts with 
consumers through an exchange via mail or te lephone calls, without meeting the consumers. 
 
2. Effective 1 April 1998, appropriate authoriti es will expand the scope of the advisory rate 
system for loading rates of commercial fire insura nce, by lowering the minimum amount per contract 
to seven billion yen.  3. Appropriate authorities include the following si xteen products on the list of products to which 
the notification system applies with respect to the rates and riders for such products and will allow, 
within the standard processing period of ninety days, marketing of the pr oducts notified to the 
appropriate authorities (i.e., will not reject the notif ications):  medical malpractice liability insurance 
("Ishi Baisho Sekinin Hoken"), advanced loss of machinery profit insurance ("Sogyo Kaishi Chien 
Hoken"), delayed start of construction insuran ce ("Kaigyo Chien Hoken"), civil engineering 
completed risks insurance ("Doboku Kozobutsu Ho ken"), nuclear energy insurance ("Genshiryoku 
Hoken"), umbrella liability insurance ("Kigyo Hoka tsu Baisho Sekinin Hoken" ), environment liability 
insurance ("Kankyo Osen Baisho Sekinin Hoken"), erection insurance ("Kumitate Hoken"), moveable 
comprehensive insurance ("Dosan Sogo Hoken"), computer comprehensive insurance ("Kompyuta 
Sogo Hoken"), boiler and turbo-set insurance ("Boile r Turbo-set Hoken"), transit insurance ("Unsoh 
Hoken"), credit card theft insurance ("Credit Ca rd Tonan Hoken"), gene ral liability insurance 
("Baisho Sekinin Hoken"), construc tion all-risk insurance ("Kensetsu Koji Hoken"), and surety bonds 
("Hosho Shoken").  4. (a) By no later than 1 July 1998, approp riate authorities will eliminate obligations for 
members of a rating organization to use rates calculated by the rating organization for the 
provision of insurance services while allowing members of a rating organization to use, for 
the purpose of calculating rates, the statistical data collected by the rating organization. 
  (b) When the necessary legislative ch anges are made and their accompanying 
administrative measures come into effect to implement subpara graph (a) above, the 
appropriate authorities will approve, within th e standard processing period of ninety days 
after submission, applications allowing all insu rance service suppliers to differentiate, on the 
basis of the risk insured, the rates, forms a nd distribution of products, without regard to 
whether such applications use statistical ra tes calculated by the rating organization. 
  S/DCS/W/JPN 
Página 56  
 
 (c) In the interim before the necessary legislative changes are made and their 
accompanying administrative measures come into effect, the appropriate authorities will approve, within the standard processing period of ninety days after submission, applications 
for products in major product categories in the life and non-life insurance sectors which 
provide for the flexibility to differentiate, on the b asis of the risk insured, the rates, forms and 
distribution of products. 
  (d) Appropriate authorities will approve appli cations for voluntary automobile insurance 
with the flexibility to differentiate, on the basi s of the risk insured, the rates, forms and 
distribution of products, including a direct response system for automobile insurance with 
differentiated rates (collectively referred to as "differentiated auto insurance") effective 1 
September 1997.  Differentiation on the basis of risk insured includes differentiation of rates 
outside the banded rates based on the following risk  factors:  age, sex, driving history, usage 
(e.g., commerical, personal) and pattern of use (e .g., mileage per year), geography (by region, 
i.e., Hokkaido, Shikoku , Kyushu, and Honshu, which will be divided into Tohoku, Kanto-
Koshinetsu, Hokuriku-Tokai, and Kinki-Chugoku),  vehicle type, vehicle safety features, and 
multi-car ownership. 
 5. (a) Appropriate authorities will not pe rmit non-life insurance subsidiaries of life 
insurance service suppliers to sell the fo llowing personal accident insurance: 
 
  (i) personal accident insurance based on a single policy written for and/or 
endorsed
1 by non-profit inter-industry associations or foundations for 
managers of corporations2; 
   (ii) domestic and overseas travel accident insurance through travel agents; 
 
  (iii) personal accident insurance for students marketed through or endorsed
1 by 
schools (including all levels of school s, and including public and private 
schools), or scholastic, student or parent  organizations or associations (i.e., 
"Gakusei-Dantai", "Dosokai" and PTA); 
 
  (iv) personal accident insurance thr ough direct response methods ("Tsushin-
 Hanbai"); 
   (v) group personal accident insurance ex cept when the insurance subsidiaries are 
acting as lead managers among co-insurers or solo underwriter, and when the 
insurance is sold to a group that has not held in the preceding six months a 
policy for the same or a substitutable group personal accident insurance product by small to medium and/or fo reign insurance service suppliers;  and 
   (vi) maturity refund personal accident insurance.  
 (b) Appropriate authorities will not permit life insurance subsidiaries of non-life 
insurance service suppliers to sell stand-alone  cancer insurance and stand-alone medical 
insurance, and the appropriate authorities will ma intain the limit regarding the ratio of rider 
benefits to base policy benefits that had exis ted before the new Insurance Business Law came 
into force on 1 April 1996. 
 
                                                     
 
1 "Endorse" means to recommend ("suisho") and/or back-up ("koen"). 
 2 "Non-profit inter-industry associations or foundations for managers of corporations" means the 
"Zenkoku Hojinkai Sorengo", "Kyokuren Hojinkai", "Kenhojinkai Rengokai", "Tan-i Hojinkai", "Nozeikyokai 
Rengokai", "Burokku-kai" and "Nozeikyokai".   S/DCS/W/JPN 
 Página 57 
 
 
 (c) Appropriate authorities will terminate the measures3 to avoid radical change in the 
third sector as described in subparagraphs (a) and (b) two and one-half years after the date 
when the necessary legislative changes are made and their accompanying administrative 
measures come into effect as described in para graph 4, on condition that all the following 
measures will have been implemented by that date.  Isolated instances of minor divergence 
with respect to the standard processing period of  the measures set out in subparagraphs (i), 
(iii)(B), or (v) below do not constitute a failu re to implement these measures for the purpose 
of this paragraph. 
   (i) the appropriate authorities approve, within the standard processing period of 
ninety days, applications for differen tiated auto insurance as described in 
subparagraph 4(d); 
   (ii) the appropriate authorities have  lowered the minimum insured amount per 
contract required for application of the advisory rate system for commercial 
fire insurance as described in paragraph 2; 
   (iii) with respect to the notification system, the appropriate authorities:    (A) have put into effect the notification system with respect to the last six 
products set out in paragraph 3;  and 
 
   (B) allow, within the standard period of ninety days, marketing of the 
sixteen products set out in paragraph 3 notified to the appropriate authorities (i.e., will not reject the notifications); 
 
  (iv) the necessary legislative cha nges are made and their accompanying 
administrative measures come into e ffect to eliminate obligations for 
members of a rating organization to use rates calculated by the rating organization as described in paragraph 4;  and 
   (v) with respect to applications fo r differentiated products or rates, the 
appropriate authorities approve, within the standard period of ninety days, 
applications submitted. 
  In the event that no applications or notificati ons have been submitted by ninety days before 
the above-mentioned date, the measur es in subparagraphs (iii)(B) and (v ) will be considered to have 
been implemented. 
 6. If an insurance service supplier has submitted doc uments to appropriate authorities related to 
insurance products or rates, which the insurance servi ce supplier considers to be an application, the 
insurance service supplier may make a request to the appropriate authorities to determine its status.  
The appropriate authorities will respond without undu e delay to such a request and indicate whether 
they consider the documents to constitute a formal application. 
 
                                                     
 
 3 The "measures" do not apply to group long-term disability insurance ("Dantai Choki Shogai Shotoku 
Hosho Hoken") and income indemnity insurance ("Shotoku Hosho Hoken"), including individual long term 
disability insurance ("Choki Shogai Tokuyaku"). 
 S/DCS/W/JPN 
Página 58  
 
B. Banking and Other Financial Services
 
 (excluding Insurance and In surance-Related Services) 
 1. With respect  to the assets of Employees' Pension Funds (hereinafter referred to as "Funds") qualified by appropriate authorities to be managed by discretionary investment management service 
suppliers, the eight-year qualification requirement w ith respect to the required duration of the Funds 
following their establishment is reduced to three years.  2. There is a ceiling of 1/2 of total assets with  respect to the assets of Funds which can be 
managed by discretionary investment management service suppliers.  The ceiling will be eliminated 
by March 1999. 
 3. No asset allocation guidelines are applied to  individual pension fund management service 
suppliers with respect to the management of fund assets of the Pension Welfare Service Public 
Corporation (excluding the commingled fund management of insurance companies) or of the assets of 
Funds (excluding the commingled fund management of insurance companies) which can be managed 
by discretionary investment management service suppliers.  4. Investment trust management services and discretionary investment management services may be supplied by one entity if that entity sa tisfies the relevant prudential provisions of Japanese 
Laws and the prudential standards set  out by appropriate authorities. 
 
5. Appropriate authorities permit the Pension We lfare Service Public Corporation to allow 
investment advisory companies to participate in the management of its fund assets through a variation 
on the "Shiteitan" framework.  At the time of the next comprehensive review of the Japanese pension 
system in 1999, this scheme would be reviewed. 
 
 "Shiteitan" is a designated money trust for sep arate investment management provided by trust 
banks.  Under "Shiteitan", benefici al owners do not specify individual objects of stocks, bonds or 
other financial instruments to be purchased.  Trus t banks are permitted to guarantee the principal of 
"Shiteitan" under domestic  laws and regulations. 
 
6. Appropriate authorities will fully utilize the ex isting mechanisms available to them to respond 
expeditiously to accommodate innovations in securiti es products, while ensuring the most appropriate 
supervision of markets from prudential viewpoints.   
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   S/DCS/W/JPN 
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UNDERSTANDING ON COMMITMENTS IN FINANCIAL SERVICES 
 
 Participants in the Uruguay Round have been enabled to take on specific commitments with 
respect to financial services under the General Agre ement on Trade in Services (hereinafter referred 
to as the "Agreement") on the basis of an alternativ e approach to that covered by the provisions of 
Part III of the Agreement.  It was agreed that this  approach could be applied subject to the following 
understanding:   (i) it does not conflict with the provisions of the Agreement;  
 (ii) it does not prejudice the right of any Member to schedule its specific commitments in 
accordance with the approach unde r Part III of the Agreement; 
  (iii) resulting specific commitments shall apply on a most-favoured-nation basis;  
 (iv) no presumption has been created as to th e degree of liberalization to which a Member 
 is committing itself under the Agreement. 
  Interested Members, on the basis of negotiations , and subject to conditions and qualifications 
where specified, have inscribed in  their schedule specific commitments conforming to the approach 
set out below. 
 
A. Standstill 
 
  Any conditions, limitations and qualifications  to the commitments noted below shall be 
limited to existing non-conforming measures. 
 
B. Market Access  
 
 Monopoly Rights 
 
1. In addition to Article VIII of the Agreement, the following shall apply: 
 
 Each Member shall list in its schedule pert aining to financial services existing monopoly 
rights and shall endeavour to eliminate th em or reduce their scope.  Notwithstanding 
subparagraph 1(b) of the Annex on Financial Services, this pa ragraph applies to the activities 
referred to in subparagraph 1(b)(iii) of the Annex. 
 
 Financial Services purchased by Public Entities 
 
2. Notwithstanding Article XIII of the Agreemen t, each Member shall ensure that financial 
service suppliers of any other Member established in its territory are accorded most-favoured-nation 
treatment and national treatment as regards the purch ase or acquisition of financial services by public 
entities of the Member in its territory. 
 
 Cross-border Trade 
 
3. Each Member shall permit non-resident supp liers of financial services to supply, as a 
principal, through an intermediary or as an inte rmediary, and under terms and conditions that accord 
national treatment, the following services:  S/DCS/W/JPN 
Página 60  
 
 (a) insurance of risks relating to:    (i) maritime shipping and commercia l aviation and space launching and freight 
(including satellites), with such insurance to cover any or all of the following:  
the goods being transported, the ve hicle transporting the goods and any 
liability arising therefrom;  and 
   (ii) goods in international transit;   (b) reinsurance and retrocession and the services auxiliary to insurance as referred to in 
subparagraph 5(a)(iv) of the Annex; 
  (c) provision and transfer of financial information and financial data processing as 
referred to in subparagraph 5( a)(xv) of the Annex and advisory and other auxiliary 
services, excluding intermediation, relating to banking and other financial services as 
referred to in subparagraph 5(a)(xvi) of the Annex. 
 4. Each Member shall permit its residents to pur chase in the territory of any other Member the 
financial services indicated in:   (a) subparagraph 3(a); 
 
 (b) subparagraph 3(b);  and   (c) subparagraphs 5(a)(v) to (xvi) of the Annex.   Commercial Presence 
 
5. Each Member shall grant financial service suppliers of any other Member the right to 
establish or expand within its territory, including  through the acquisition of existing enterprises, a 
commercial presence.  
6. A Member may impose terms, conditions and procedures for authorization of the 
establishment and expansion of a commercial presence in so far as they do not circumvent the Member's obligation under paragraph 5 and they are consistent with the other obligations of this 
Agreement.   New Financial Services 
 
7. A Member shall permit financial service supp liers of any other Member established in its 
territory to offer in its territory any new financial service.  
 Transfers of Information and Processing of Information 
 
8. No Member shall take measures that prevent transfers of information or the processing of financial information, including transfers of data by electronic means, or that, subject to importation 
rules consistent with international agreements, prevent transfers of e quipment, where such transfers of 
information, processing of financial information or transfers of equipment are necessary for the 
conduct of the ordinary business of a financial service s upplier.  Nothing in this paragraph restricts the 
right of a Member to protect personal data, pers onal privacy and the confidentiality of individual 
records and accounts so long as such right is not used  to circumvent the provisions of the Agreement. 
  S/DCS/W/JPN 
 Página 61 
 
 
 Temporary Entry of Personnel 
 
9. (a) Each Member shall permit temporary entry into its territory of the following 
personnel of a financial service supplier of any other Member that is establishing or 
has established a commercial presence in the territory of the Member: 
 
  (i) senior managerial personnel possessi ng proprietary information essential to 
the establishment, control and operation of the services of the financial service supplier;  and 
 
  (ii) specialists in the operation of the financial service supplier. 
  (b) Each Member shall permit, subject to the availability of qualified personnel in its 
territory, temporary entry into its territory  of the following personnel associated with 
a commercial presence of a financial service supplier of any other Member: 
 
  (i) specialists in computer services, telecommunication services and accounts of 
 the financial service supplier;  and 
   (ii) actuarial and legal specialists.   Non-discriminatory Measures 
 
10. Each Member shall endeavour to remove or to limit any significant adverse effects on 
financial service suppliers of any other Member of:  
 (a) non-discriminatory measures that prevent financial service suppliers from offering in 
the Member's territory, in the form dete rmined by the Member, all the financial 
services permitted by the Member; 
  (b) non-discriminatory measures that limit the expansion of the activities of financial 
service suppliers into the entire territory of the Member; 
 
 (c) measures of a Member, when such a Memb er applies the same measures to the supply 
of both banking and securities ser vices, and a financial service supplier of any other 
Member concentrates its activities in the provision of securities services;  and 
 
 (d) other measures that, although respecting the provisions of the Agreement, affect 
adversely the ability of financial service s uppliers of any other Member to operate, 
compete or enter the Member's market;   
 provided that any action taken under this paragraph w ould not unfairly discriminate against financial  
service suppliers of the Member taking such action. 
 
11. With respect to the non-discriminatory measur es referred to in subparagraphs 10(a) and (b), a 
Member shall endeavour not to limit or restrict  the present degree of market opportunities nor the 
benefits already enjoyed by financial service supplie rs of all other Members as a class in the territory 
of the Member, provided that this commitment does not result in unfair discrimination against 
financial service suppliers of the Member applying such measures. 
 S/DCS/W/JPN 
Página 62  
 
C. National treatment 
 1. Under terms and conditions that accord national treatment, each Member shall grant to 
financial service suppliers of any other Member es tablished in its territory access to payment and 
clearing systems operated by public entities, and to official funding and refinancing facilities available 
in the normal course of ordinary business.  This paragraph is not intended to confer access to the 
Member's lender of last resort facilities.  2. When membership or participation in, or  access to, any self-regulatory body, securities or 
futures exchange or market, clearing agency, or any other organization or association, is required by a 
Member in order for financial service suppliers of  any other Member to supply financial services on 
an equal basis with financial service suppliers of the Member, or when the Member provides directly 
or indirectly such entities, privileges or advantag es in supplying financial services, the Member shall 
ensure that such entities accord na tional treatment to financial servi ce suppliers of any other Member 
resident in the territory of the Member. 
 
D. Definitions  
  For the purposes of this approach:  1. A non-resident supplier of financial services is a financial service supplier of a Member 
which supplies a financial service into the territory  of another Member from an establishment located 
in the territory of another Member, regardless of whether such a financial service supplier has or has 
not a commercial presence in the territory of the Me mber in which the financial service is supplied. 
 2. "Commercial presence" means an enterprise w ithin a Member's territory for the supply of 
financial services and includes wholly- or partly-owned  subsidiaries, joint ventures, partnerships, sole 
proprietorships, franchising opera tions, branches, agencies, representative offices or other 
organizations.  3. A new financial service is a service of a financ ial nature, including services related to existing 
and new products or the manner in which a product is  delivered, that is not supplied by any financial 
service supplier in the territory of a particular Member  but which is supplied in the territory of another 
Member.  
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