RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/JPN 
7 April 2003 
 (03-1937) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
 
JAPAN 
 
Conditional Initial Offer  
 
 The following initial conditional offer has b een received from the delegation of Japan on 
31 March with the request that it be circulated to Members of the Council for Trade in Services. 
 
________________ 
  
 Japan submits herewith its initial offer under th e negotiations on trade in services, pursuant to 
paragraph 15 of the Ministerial Declaration of 14
th Nov. 2001 (WT/MIN(01)/DEC/1).  This offer is 
conditional.  The modification to the consolidated  Schedule of Specific Commitments is inscribed 
following the editorial conventions as stipulat ed in the secretariat document JOB(02)88.  
 
 Japan reserves the right to modify, extend, redu ce or withdraw any part of this offer at any 
time prior to the closure of the current servi ces negotiations, depending upon the willingness and the 
readiness of its negotiating partners to provide offers comparable to  that of Japan and arrive at 
mutually acceptable commitments including the appli cation of the most favoured nation treatment.  In 
making such an assessment, Japan w ill also take into account the individual level of development of 
different trading partners. 
 
This offer is also conditional to the outcome of the negotiations underway as stipulated in 
GATS, inter alia, the negotiation to deve lop disciplines on domestic regulations.   
 
The categorization of each sector and sub-sector in the attached list is provisional and 
susceptible to modification subject to developm ents on the discussion on classification and other 
issues.   
 Japan further reserves its right to make techni cal changes and corrections to this offer. 
 
 TN/S/O/JPN 
Page 2 
 
 
  
 
 
Note for transparency  
 
(i) Alphabets and numbers indicated in each sector-sp ecific 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 indicat ed 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. 
 
_______________  
  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment 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 categories1: 
 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 of one or three 
years, which may be extended, to a 
branch office, representative office or a 
juridical person constituted or registered 
in Japan owned or controlled by or 
affiliated with2 the aforementioned 
juridical person of a Member other than 
Japan, provided that the natural person 
will be engaged in one of the following 
activities: 
  Unbound for research and development 
subsidies 
  
                                                      
1 For categories a) and d),  remuneration requirements under the Immigration Control and Refugee Recognition Act apply.   
2 A juridical person is "affiliated" with another juridical person when the former is significantly affected by the latter regar ding decision making of finance or business policy.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
  i) Activities to direct a branch office or a 
representative 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 of a juridical person; 
   
  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 human sciences. 
   
  b) A natural person who is a legal, 
accounting or taxation service supplier 
qualified under Japanese law, for a period 
of one or three years, which may be 
extended provided that the natural person  
will be engaged in one of the following 
activities of professional services during 
its temporary stay in Japan: 
   
  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;    
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment 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. 
 
The period of stay may be extended . 
   
     
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
 d) A natural person who is engaged in one 
of the following activities during its 
temporary stay in Japan for a period of 
one or three years, which may be 
extended, on the basis of a personal 
contract3 with a public or private 
organization in the territory of Japan:  
 i) Activities which require technology 
and/or knowledge at an advanced level 
pertinent to physical sciences, engineering 
or other natural sciences, under the status 
of residence of  "Engineer" as                       
stipulated in the Immigration Control and 
Refugee Recognition Act; 
 ii) Activities  which require knowledge at an 
advanced level pertinent to jurisprudence, economics, business management, 
accounting or other human sciences, 
under the status of residence of 
"Specialist in Humanities/ International 
Services" as stipulated in the Immigration 
Control and Refugee Recognition Act; 
and  
   
                                                      
 3 Service suppliers and services supplied under such a personal contract must comply with  the relevant laws and regulations of J apan. Specific Commitments  made under Category d)  
do not apply to measures affecti ng natural persons seeking access to the employment  market of Japan, nor to measures regarding  employment on a permanent basis.  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
  iii) Activities which require specific ways of 
thought or sensitivity based on experience 
with foreign culture, under the status of 
residence of "Specialist in Humanities/ 
International Services" as stipulated in the 
Immigration Control and Refugee 
Recognition Act; 
Activities referred to in a)  iv) ,a) v) and d) mean: 
activities in which the natural person may not be 
able to engage without the application of 
specialized technology or knowledge of natural or 
human sciences acquired by the natural person , in 
principle, by completing college education (i.e. 
bachelor's degree) or higher education.    
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment 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 
or by a Legal Profession Corporation4. 
 Commercial presence is required. 
2) Services must be supplied by a natural person 
or by a Legal Profession Corporation. 
 Commercial presence is required. 
3) Services must be supplied by a natural person 
or by a Legal Profession  Corporation. 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 Commercial presence is  required. 
 1) None 
 
 
2) None 
 
 
3) None 
 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
 4 A Legal Professional Corporation unde r Japanese law is composed of one or more pa rtners who are lawyers qualified as "Bengoshi"  under Japanese law and have the right and 
obligation to execute activities of the Legal Profession Corporation.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
a) Consultancy on law of 
jurisdiction where the 
service supplier is a 
qualified lawyer  
 (861) 
 
 
 i) Consultancy on law 
 does not include : 
 
 a) legal representation for 
 juridical procedures in 
 courts and other 
 government agencies 
 as well as preparation 
 of legal documents for 
 such procedures;  
 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 required to stay in Japan 
not less than 180 days in a year. 
2) A service supplier is required to stay in Japan 
not less than 180 days in a year. 
3) None 
 
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 is 
permitted, 
according to 
written advice on 
each issue from 
competent 
persons (e.g. 
lawyers qualified 
in the third 
country and 
engaging in legal 
business 
concerning of law 
of that country).  
Practice of 
Japanese law is 
not permitted. 
    
 (ii) Association with 
 Bengoshi is 
 permitted.  
 Employment of 
 Bengoshi is not 
 permitted.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment 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 
 international 
 arbitration is 
 permitted. 
  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment 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. 
     
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
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 3 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. 
 
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 
or by a Patent Business Corporation5. 
 Commercial presence is required 
2) Services must be supplied by a natural person 
or by a Patent Business Corporation. 
 Commercial presence is required. 
3) Services must be supplied by a natural person 
or by a Patent Business Corporation. 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 Commercial presence is required 
 1) None 
 
 
2) None 
 
 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
a) Legal services supplied by  
 a maritime procedure agent  
 qualified as "Kaijidairishi"  
 under Japanese law  
 (861 ) 
 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 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
    
                                                      
5 A Patent Business Corporation under Japanese  law  is composed of two or more partners who are patent attorneys qualified as "B enrishi" under Japanese la w and who have the right 
and obligation to execute activities of the Patent Business Corporation.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
b) Accounting, auditing and 
bookkeeping services 
supplied by an accountant 
qualified as 
"Koninkaikeishi" under 
Japanese law 
 (862) 
 1) Services must be supplied by a natural person 
or by an Audit Corporation6. 
 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 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
c) Taxation services supplied   by a tax accountant  
 qualified as "Zeirishi"  
 under Japanese law 
 (863) 
 1) Services must be supplied by a natural person 
or by a Certified Tax Accountant 
Corporation
7. 
 Commercial presence is required 
2) Services must be supplied by a natural person 
or by a Certified Tax Accountant Corporation. 
 Commercial presence is required 
3) Services must be supplied by a natural person 
or by a Certified Tax Accountant Corporation. 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 Commercial presence is required. 
 1) None 
 
 
 
2) None 
 
 
3) None 
 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
 6 An Audit Corporation under Japanese law is composed of five or  more partners who are accounta nts qualified as "Koninkaikeishi"  under Japanese law and have the 
right and obligation to execute activ ities of the Audit Corporation. 
7 A Certified Tax Accountant Corporation under Ja panese law is composed of two or more partners who are tax accountants qualified  as "Zeirishi" under Japa nese law and who have the 
right and obligation to execut e activities of the Certified Tax Accountant Corporation.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
d), e) Architectural services 
  which must be  
 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 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
   (86712, 86713, 86714
8) 
(86722, 86723, 867248, 
867258, 867278) 
 
 
  
    
d), e), g) Architectural services 
which may be  supplied 
by a service supplier 
not qualified as 
"Kenchikushi" under 
Japanese law, or by a 
service supplier not 
using "Kenchikushi" 
 1) None9 
2) None9 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
   
 (8671, 867210, 8674210)    
     
    
                                                      
8 Limited to services necessary for building c onstruction excluding post construction services.  
9 In case the services are supplied by a se rvice supplier qualified as "K enchikushi" under Japanese law,  or by a service supplier  using "Kenchikushi", comme rcial presence is required.  
10 Limited to services necessary for building construction.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
e), f) Engineering services 
 and integrated 
 engineering services 
 (excluding services 
 related to petroleum, 
 petroleum products, 
 gas and mineral) 
  (867211) 
  (867311) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
e), g), F. e), F. m) 
 Civil engineering 
consulting services 
 (8672112, 8672412, 8672712, 
8672912) 
 (86741, 8674212) 
 (8676112) 
 (8675112, 8675212) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
B. Computer and Related 
Services  
 (excluding services of air 
transport computer 
reservation system) 
 (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 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
11 Excluding architectural service and ci vil engineering consulting services. 
12 Limited to services necessary for civil engineeri ng excluding engineering design services for buildings.  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
C. Research and Development  
 Services  
    
b) Research and development  
 services on social sciences  
 and humanities 
 (852) 
 
 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
 
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) 
 (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   
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
a) Real estate services  
 involving own or leased  
 property (for the property  
 outside Japan) 
 (821) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
b) Real estate services on a fee  
 or contract basis (for the  
 property in Japan) 
 (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 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
b) Real estate services on a fee  
 or contract basis (for the  
 property outside Japan) 
 (822) 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
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 
 (83101, 83102, 83105) 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
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 
  (83106-83109) 
  (832) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
F. Other Business Services     
a) Advertising services 
 (871) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
b) Market research and public  
 opinion polling services 
 (864) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
c) Management consulting  
 services 
 (865) 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
d) Services related to  
 management consulting 
 (86601, 86609) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
     
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
k) Placement services of 
personnel within Japan except in the following 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): 
  i)  Port transport services;   ii) Construction work; and   iii) Work which is 
stipulated in the Ministry of Health, Labour and Welfare Ordinance as having a possibility of hindering worker’s protection (such work is not stipulated now). 
  (87201, 87202)  1) Unbound 
2) Unbound
∗ 
3) None  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound 
2) Unbound* 
3) None 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
                                                      
∗ Unbound due to lack of technical feasibility.  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
k) Supply services of 
personnel within Japan13 
except in the following 
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): 
 
i) Port transport services; 
 
ii) Construction work; 
 
iii) Guarding; 
 
iv) Other work stipulated in 
Cabinet Order after 
consulting the Labour 
Policy Council (such as 
medical-related work); and 
 
v) Manufacturing work stipulated in the Ministry of Health, Labour and Welfare Ordinance. 
 (87203, 87209) 
 1) Unbound 
2) Unbound
∗ 
3) None  
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) Unbound 
2) Unbound* 
3) None 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
                                                      
13 (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.  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
l) Investigation services 
 (87301) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
m) Related scientific and  
 technical consulting  
 services (excluding services  
 related to petroleum,  
 petroleum products, gas,  
 mineral, and surveying) 
 (86751, 86752) 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
m) Surveying services for the  
 land in Japan 
 (86753, 86754) 
 1) Commercial presence is required except for  
 the surveying conducted  by not using Basic  
 Survey14 data or Public Survey15 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 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
                                                      
14  Basic Survey is a primary or fundamental survey, conducted by the Geographical Survey Institute of the Ministry of Land, Infras tructure and Transport, for all 
surveys. 
 15  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.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
m) Surveying services for the  
 land outside Japan 
 (86753, 86754) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
n) Maintenance and repair  
 services of equipment  
 (excluding vessels, aircrafts  
 and other transport  
 equipment) 
 (633, 8861-8866) 1) Unbound∗ 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
o) Building-cleaning services 
 (87401, 87402, 87403, 
87409) 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
p) Photographic services 
 (875) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
q) Packaging services 
 (876) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
∗ Unbound due to lack of technical feasibility.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
r) Printing and publishing  
 services 
 (88442) 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
s) Convention services 
 (87909) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
t) Telephone answering 
services  
(87903) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
t) Duplicating services 
(87904) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
t) Translation and 
interpretation services 
(87905) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
t) Mailing list compilation 
and mailing services 
 (87906) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
t) Speciality design services 
 (87907) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
2. COMMUNICATION  
 SERVICES 
    
B.   Courier Services16 
    
Correspondence-delivery 
services supplied by Special 
Correspondence Delivery 
Business 
 
Special Correspondence 
Delivery Business is the 
business which provides 
correspondence-delivery 
services of one or a 
combination of the 
following mail items as 
stipulated in the Law 
Concerning Correspondence 
Delivery Provided by 
Private-Sector Operators: 
 
i) mail items that are to be 
delivered within three hours 
of being mailed; 
 1) Unbound 
2) None 
3) None 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS  
 
 
 
 
 
 
 
 
 
 
 
 1) Unbound 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
 
 
 
 
 
 
 
 
 
 
  
                                                      
16 Suppliers of courier services are subjec t to permission/registration re quirements for related modes of transport services. Jap an’s commitments in courier services other than 
correspondence-delivery services including those supplied by Special Corresp ondence Delivery Business are indicated in the sector of Transport Services. (Refer to 11. TRANSPORT 
SERVICES.)  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
ii) mail items that bear a 
delivery charge that exceeds 
the amount specified by an 
ordinance of the Ministry of 
Public Management, Home 
Affairs, Posts and 
Telecommunications and is 
not less than 1,000 yen; and  
 
iii) mail items that have 
dimensions totalling more 
than 90 cm or weight over 4 
kg. 
     
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
C. Telecommunications 
Services  
    
Basic telecommunications 
services: 1) None 
2) None 
 1) None 
2) None 
  Japan undertakes the  
 obligations contained 
 in the reference paper,   
regarding basic 
telecommunications 
services, attached 
hereto . 
 
a) Voice telephone services ;  
 (7521) 
 
b) Packet-switched data  
 transmission services ; 
 (7523**) 
 3) Foreign capital participation, direct and/or 
indirect, in Nippon Telegraph and Telephone 
Corporation(NTT)17must be less than one-
third . 3) Board members and auditors in NTT and the 
Regional Companies  are required to have 
Japanese nationality. 
   
c) Circuit-switched data  
 transmission services ; 
 (7523 **) 
 
d) Telex services ; 
 (7523 **) 
    
f) Facsimile services ; 
 (7521 **, 7529 **) 
 
g) Private leased circuit  
 services ; and                   
(7522 **, 7523 **) 
 
o) Other 4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
** Indicates that the service specified constitutes only a part of  the total range of activities covered by the CPC concordance.  
17NTT must own all the shares issu ed by the Regional Companies.  
  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
    
 
Value added services: 
h) Electronic mail services;  
 (7523**) 
 
i) Voice mail services; 
(7523** ) 
    
j) On-line information and 
data base retrieval services; 
 (7523 **) 
 
k) Electronic data interchange  
 (EDI) services;  
 (7523 **) 
    
l) Enhanced /value added  
facsimile services 
including store and 
forward, store and retrieve ; 
 ( 7523** ) 
 
m) Code and protocol  
 conversion services;  
  
 
n) On-line information and/or  
 data processing services 
(including transaction 
processing);  
 (843 **) 
 
o)   Other    
    
                                                      
** Indicates that the service specified constitutes only a part of  the total range of activities covered by the CPC concordance.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
D. Audiovisual Services  
    
a) Motion picture and video  
 tape production and  
 distribution services 
 (9611) 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
b) Motion picture projection  
 services  
 (9612) 1)  Unbound 
2) None 
3) None 
 1) Unbound 
2) None 
3) None   
 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 
 
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 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
* Unbound due to lack of technical feasibility.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
A. General Construction  
 Services for Buildings   
 (512) 
    
B. General Construction 
Services for Civil 
Engineering  
 (513) 
 
C. Installation and Assembly 
Services  
 (514, 516)    
 
D. Building Completion and 
Finishing Services  
(517) 
    
E. Other  
 (511, 515, 518) 
    
4. DISTRIBUTION 
SERVICES 
    
A. Commission Agents' 
Services  
 (621, 61111, 61130,  
 61210) 
 
B. Wholesale Trade Services  
 (622, 61111, 61130, 61210) 
 
C. Retailing Services  
 (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  
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
     
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
D. Franchising Services  
 (8929) 
 
 These services indicated 
above exclude  
 services related to  
 petroleum, petroleum  
 products, rice, tobacco,  
 alcoholic beverages, and 
 those supplied at Public  
 Wholesale Market18.   
  
   
                                                      
18 Public Wholesale Market is a market es tablished under national or local government approval for commission agents' services and  wholesale trade serv ices of fresh foods 
including vegetables, fruits, marine pr oducts, meats and other daily foods, and flowe rs, 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.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
5. EDUCATIONAL 
SERVICES 
    
  
The following Educational 
Services supplied as formal 
education: 
 
A. Primary Educational  
 Services19,20 (excluding 
nursery schools); and  
 (9211, 9219) 
 
B. Secondary Educational  
 Services19,20.  
 (9221, 9222,  9223) 
 1) Unbound 
2) Unbound 
3) Formal Education Institutions must be  
 established by school juridical persons.21 
4) Unbound 
 
 1) Unbound 
2) Unbound 
3) None  
4) Unbound 
 
  
C. Higher Educational  
 Services19,20, supplied as 
formal education  
 (9231, 9239) 1) Unbound 
2) None 
3) Formal Education Institutions must be  
 established by school juridical persons.21 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound 
2) None 
3) None  
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
 19 These Educational Services supplied as form al education in Japan are supplied by Form al Education Institutions.  “Formal Educa tion Institutions” mean elementary schools, lower 
secondary schools, secondary schools, upper secondary schools, uni versities, junior colleges, co lleges of technology, schools f or the blind, schools for the deaf, schools for the handicapped and 
kindergartens.  
 20 Specific commitments on market access and na tional treatment through any mode of supply shall not be construed to apply to the  recognition of credits, degrees and other certificates 
in Formal Education Institutions, special ized training colleges (Sen shu–Gakko) and miscellaneous schools (Kakushu–Gakko) under Japanese law.   
 21 A school juridical person is a non-profit juridical person established for the purpos e of supplying educational services under  Japanese law.  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
D. Adult Educational 
Services20,22  
(924)   
 
E. Other Education 
Services20,22 
(929)  
 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None  
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
22 Formal Education Institutions must be established by school ju ridical persons.  Specialized tr aining colleges and miscellaneou s schools may be required to be established by school 
juridical persons. Formal Education Institutions supply formal e ducation, but at the same time they may supply educational serv ices other than formal education, while specialized training 
colleges and miscellaneous schools supply educati onal services other than formal education.  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
6. ENVIRONMENTAL 
SERVICES {Note: The classification and Japan’s specifi c commitment under this sector may be modi fied  subject to further discussions and  
consensus among Members on classification}  
A. Water for Human Use* and 
Wastewater Management  {*subject to consensus  among Members on  
classification}  
 {*subject to consensus among Members on  
classification}  
  
a) Sewage services  
(9401) 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None  
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
B. Solid /Hazardous Waste  
Management  
a) Refuse disposal services  
(9402) 
 
 b) Sanitation and similar services 
(9403) 
 
 
 1) Unbound∗ 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 
3) None  
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
*Unbound due to lack of technical feasibility.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
C. Protection of Ambient Air 
and Climate  
 
a) Cleaning services of exhaust 
 gases (9404) 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None  
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
E. Noise & Vibration Abatement  
 
a) Noise abatement services 
(9405) 
b) Vibration abatement 
services 
 
  1) Unbound*  
2) None  3) None 
  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
  1) Unbound*  
2) None  3) None  
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
  
F. Protection of Bio-diversity 
and Landscape  
 
a) Nature and landscape 
protection services 
(9406) 
  1) Unbound*  
2) None  3) None 
  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
  1) Unbound*  
2) None  3) None 
    
4) Unbound except as indicated in 
 HORIZONTAL COMMITMENTS 
  
G. Other Environmental & 
Ancillary Services  
 
a) Other environmental 
protection services  
(9409) 
 
  1) Unbound* 
 2) None  
3) None  
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
  1) Unbound* 
 2) None  
3) None  
 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
  
                                                      
* Unbound due to lack of technical feasibility.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
7. FINANCIAL SERVICES 
 
 In addition to Part III of this Agreement and the Annex on Fi nancial 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 pres ence.  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 fi rms are allowed to deal 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. 
 
 
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  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
 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. 
 
  
 
 Commercial presence is required for 
insurance intermediation services in Japan.  
 
 1) None 
   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment 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. 
 
  
 
 Commercial presence is required for 
insurance intermediation services in Japan.  
 
        2) None 
  
 3) None23 
 
  
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 3) None  
 
 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
                                                      
23 Insurance intermediation services may be supplied only for insurance contracts allowed to be supplied in Japan.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment 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 1) None 
 
 
2) None 
  
 3) None  
 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 3) The deposit insurance system does not cover 
deposits taken by branches of foreign banks . 
  
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 3) With respect to the 
assets of Employees’ 
Pension Funds 
qualified by the 
Minister of Health , 
Labour  and Welfare 
to be managed by 
discretionary 
investment 
management service 
suppliers, Japan no 
longer employs the 
classification of New 
Money24 and assets 
other than New 
Money. 
 
                                                      
 24 New Money is an asset mainly consisting of  accumulation of premiums collected by Em ployees’ Pension Funds after the day when su ch Funds are qualified by the Minister of Health , 
Labour  and Welfare as appropriate for expanding their means of asset ma nagement to include discretionary  investment management servic es.  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
8. HEALTH RELATED AND 
SOCIAL SERVICES 
    
A. Hospital Services  
 (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 
  
4) Unbound 
  
9. TOURISM AND TRAVEL 
RELATED SERVICES 
    
A. Hotels and Restaurants 
Services   
 (excluding catering 
services) 
 (641-643, except 6423) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
 Catering services 
 (6423) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
B. Travel Agencies and Tour 
Operators Services  
 (7471) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
∗ Unbound due to lack of technical feasibility.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
C. Tourist Guides Services  
 (7472) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
10 RECREATIONAL, 
CULTURAL AND 
SPORTING SERVICES 
    
A. Entertainment Services  
 (including theatre, live 
bands and circus services) 
 (9619) 
 1) Unbound 
2) None 
3) None 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound 
2) None 
3) None  
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
B. News Agency Services  
 (962) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None  
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
C. Libraries and Archives 
Services  
 (96311, 96312) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 
3) None  
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
D. Sporting and other 
Recreational Services  
    
 Sporting services 
 (9641) 
 
 Recreation parks and beach 
services 
 (96491) 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None  
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
* Unbound due to lack of technical feasibility.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
11. TRANSPORT SERVICES 
    
A. Maritime Transport 
Services  
    
a), b) International maritime 
 transport services 
 (including services of 
 passenger 
 transportation and 
 freight transportation) 
  (7211, 7212) 1)  
(a) Liner Shipping: None25 
(b) Bulk, tramp, and other international 
shipping, including passenger 
transportation: None25 
2) None 3)  
(a) Establishment of a registered company for 
the purpose of operating a fleet flying the 
flag of Japan: Unbound 
(b) Other forms of commercial presence for 
the supply of international maritime 
transport services (as defined in paragraph 
1 of Note below): None 
4)  
(a) Ships’ crews: Unbound 
(b) Key personnel employed in relation to a 
commercial presence as defined under 3) (b) above: Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1)  
(a) Liner Shipping: None25 
(b) Bulk, tramp, and other international 
shipping, including passenger transportation: 
None25 
2) None 
3)  
(a) Establishment of a registered company for 
the purpose of operating a fleet flying the 
flag of Japan: Unbound 
(b) Other forms of commercial presence for the 
supply of international maritime transport 
services (as defined in paragraph 1 of Note 
below): None 
4)  
(a) Ships’ crews: Unbound 
(b) Key personnel employed in relation to a 
commercial presence as defined under 3) (b) above: Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 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; 
                                                      
25 Restriction or prohibition of a) entry in Japanese ports and b)  loading or unloading of cargoes in Japanese ports for a design ated period may be impos ed as a countermeasure on 
operators of vessels who belong to the count ry in which interests of Japanese operator s continue to be subs tantially damaged, i n spite of prior notification of taking such measure, under 
unfavourable treatment imposed on them by that country or by  local authorities or simila r entities of that country.  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment 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  
    
 Maritime cargo handling 
services (as defined in 
paragraph 3 of Note below) 1) Unbound* 
2) None 3) The number of licenses conferred to service 
suppliers may be limited in ports designated by the Government.
26 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 3) None   
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
                                                      
*Unbound due to lack of technical feasibility. 
26 Public utility concession or licensing procedures ma y apply in case of occupation of the public domain.  
  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
 Storage and warehousing 
services 
 (742) 
 (Refer to H. b) Storage and warehouse services.) (R efer to H. b) Storage and warehouse services.)  
Customs clearance services 
 (Refer to H. d) Customs clearance agent services in 
Japan.) (Refer to H. d) Customs clearance agent services in 
Japan.)  
Container station and depot 
services (as defined in 
paragraph 4 of Note below) 
 1) Unbound* 
2) None 3) The number of licenses conferred to service 
suppliers may be limited in ports designated by the Government.
26 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None   4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
 Maritime agency services 
(as defined in paragraph 5 
of Note below) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None  
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS  
 
Maritime freight forwarding 
services (as defined in 
paragraph 6 of Note below) 
 1) Office registration is required. 
 An operation permit or governmental 
registration will be granted on reciprocal basis. 
2) None 
3) An operation permit or governmental 
registration will be granted on reciprocal basis. 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) An operation permit or governmental 
registration will be granted on reciprocal basis. 
 
2) None 
3) An operation permit or governmental 
registration will be granted on reciprocal basis. 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
    
                                                      
*Unbound due to lack of technical feasibility.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
e) Pushing and towing 
services 
 (7214) 
 1) Unbound∗ 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
f) Salvaging and refloating 
services, watering services, 
fueling services, garbage 
collecting services 
 (7454, 7459) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
 
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. 
    
                                                      
∗ Unbound due to lack of technical feasibility.   
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
 
NOTE TO THE SPECIFIC COMMITMENTS IN THE SECTORS 
OF MARITIME TRANSPORT SERVICES AND MARITIME AUXILIARY TRANSPORT SERVICES  
 
 Where road, rail, inland waterways and related auxiliary services  are not otherwise fully covered in this schedule of specific  commitments, a multimodal 
transport operator shall have the ability to rent or lease truc ks, railway carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, 
or have access to, and use of, these forms of multimodal activitie s on reasonable and non-discrimi natory terms and conditions f or the purpose of carrying out 
multimodal transport operations. (“Reasonabl e and non-discriminatory terms and conditions” means, for the purpose of multimodal  transport operations, the ability 
of the multimodal transport operator to ar range for the conveyance of its merchandise on a timely basis, including priority ove r other merchandise which has entered 
the port at a later date). 
 
DEFINITIONS  
 
1. “Other forms of commercial presence for the supply of intern ational maritime transport services” means the ability for inter national maritime transport service 
suppliers of other Members to undertake in Japan all activities wh ich are necessary for the supply  to their customers of a part ially or fully integrated transport service, 
within which the maritime transport constitutes a substantial elem ent. (This commitment shall however not be construed as limit ing in any manner the specific 
commitments undertaken under Mode 1).) 
 
These activities include, but are not limited to: 
 
(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to inv oicing, these services being those 
operated or offered by the service supplier itself or by servi ce suppliers with which the service seller has established standi ng business arrangements; 
 
(b) the acquisition, on their own acco unt or on behalf or their customers (and the re sale to their customers) of any domestic t ransport and related services, including 
inward transport services by any mode, particularly inland wate rways, road and rail, but exclud ing air, necessary for the suppl y of the integrated service; 
 
(c)  the preparation of documentation concerning transport documents, customs documents, or other documents related to the orig in and character of the goods 
transported; 
  
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
(d) the provision of business information by any means, including computerised information systems and electronic data intercha nge (subject to the provisions of the 
Annex on Telecommunications); 
 
(e) the setting up of any business arrangements (including partic ipation in the stock of a company) and the appointment of pers onnel recruited locally (or, in the case 
of foreign personnel, subject to the horizontal commitments on m ovement of personnel) with any locally established shipping age ncy; 
 
(f)  acting on behalf of the companies, organising the call of the ship or taking over cargoes when required. 
 
2. “Multimodal transport operator” means the person on whose be half the bill of lading/multimodal transport document or any oth er document evidencing a contract 
of multimodal carriage of goods is issued and who is responsible for the carriage of goods pursuant  to the contract of carriage . 
 
3. “Maritime cargo handling services” means activities exercised by  stevedore companies, including terminal operators, but not including the direct activities of 
dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities cover ed include the organisation and 
supervision of: 
 
(a) the loading/discharging of cargo to/from a ship; 
(b) the lashing/unlashing of cargo; 
(c) the reception/delivery and safekeeping of cargoes before shipment or after discharge. 
 
4. “Container station and depot services” means activities consistin g in storing containers, whether in port areas or inland, w ith a view to their stuffing/stripping, 
repairing and making them available for shipments. 
 
5. “Maritime agency services” means activities consisting in repr esenting, within a given geograp hic area, as an agent the busi ness interests of one or more shipping 
lines or shipping companies, for the following purposes: 
 
(a) marketing and sales of maritime transpor t and related services, from quotation to invoicing, and issuance of bills of ladin g on behalf of the companies, acquisition 
and resale of the necessary related services, preparation of documentation, and provision of business information; 
(b) acting on behalf of the companies organising the call of the ship or taking over cargoes when required. 
6. “Freight forwarding services” means an activity consisting of organising and monitoring shipment operations on behalf of shi ppers, through the acquisition of 
transport and related services, preparation of documentation and provision of business information. Freight forwarding services  include those provided by a person on 
whose behalf the bill of lading/any other document evidencing a contract of carriage of goods is issued and who is responsible for the carriage of goods pursuant to the 
contract of carriage. 
 
  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional commitments 
B. Internal Waterways 
Transport Services  
    
e) Pushing and towing 
services 
 (7224) 
 1) Unbound∗ 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
f) Salvaging and refloating 
services, watering services, 
fueling services, garbage 
collecting services 
 (7454, 7459) 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 1) None 
2) None 
3) None 
 
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. 
    
                                                      
∗ Unbound due to lack of technical feasibility.   
 TN/S/O/JPN 
Page 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 Limitations on nation al treatment Additional commitments 
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 
 
4) Unbound except as indicated in HORIZONTAL 
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 
 
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 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
E. Rail Transport Services  
    
d) Maintenance and repair 
services of rail transport 
equipment 
 (8868**) 
 1) Unbound∗ 
2) None 
3) None 
 
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS 
  
                                                      
∗ Unbound due to lack of technical feasibility.  
** Indicates that the service specified constitutes only a part of  the total range of activities covered by the CPC concordance.  
  
  TN/S/O/JPN
 Page 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 Limitations on nation al treatment Additional 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 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
F. Road Transport Services  
    
b) Freight transport services 
 (7123) 
 1) Unbound* 
2) None 
3) On a temporary and non-discriminatory basis, 
limitations on the number of service suppliers 
and on the number of service operations or on 
the quantity of service output may be applied.   
4) Unbound except as indicated in 
HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
 
 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS 
  
d) Maintenance and repair   services of road transport  
 equipment 
  (6112, 8867) 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) Unbound* 
2) None 
3) None 
 
4) Unbound except as indicated in HORIZONTAL 
 COMMITMENTS  
                                                      
* Unbound due to lack of technical feasibility.   
 TN/S/O/JPN 
Page 52 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 Limitations on nation al treatment Additional commitments 
G. Pipeline Transport Services  
    
b) Transport services of goods  
 other than fuels 
 (7139) 
 1) None 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 
 1) None 
2) None 
3) None 
 
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) 
 (742) 
 1) Unbound∗ 
2) None 
3) None 
 
4) Unbound except as indicated in  
 HORIZONTAL COMMITMENTS 1) Unbound* 
2) None 
3) None 
 
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 
 
4) Unbound except as indicated in HORIZONTAL 
COMMITMENTS  
 
 
                                                      
∗ Unbound due to lack of technical feasibility.   TN/S/O/JPN 
 Page 53 
 
 
 REFERENCE PAPER  
 
Scope  
 
The following are definitions and principles 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 provided by a single or limited number of suppliers;  
 and 
 
 (b) cannot feasibly be economically or tec hnically 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-competiti ve 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 supplie rs 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 another supplier, where specific commitments are 
undertaken. TN/S/O/JPN 
Page 54 
 
 
 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 re gulatory body as referred to in paragraph 5 below, 
to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a 
reasonable period of time, to the extent that  these have not been established previously. 
 3. Universal service
 
 
 Any Member has the right to define the ki nd 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 univer sal service defined by the Member.      
 
                                                      
∗ The section 2.2 is applied only to a major supp lier which has control over essential facilities.  TN/S/O/JPN 
 Page 55 
 
 
 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 and 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. 
 TN/S/O/JPN 
Page 56 
 
 
  
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 appropriate 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 insured, the rates, forms and distribution of products. 
 
1. Appropriate authorities will approve applicati ons 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 supplie rs offer their products to consumers through 
advertising media, such as newspa pers and magazines, 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. Appropriate authorities include the following sixt een products on the list of products to which 
the notification system applies with respect to the ra tes and riders for such products and will allow, 
within the standard processing period of ninety days, marketing of the products 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 insura nce ("Kaigyo Chien Hoken"), civil engineering 
completed risks insurance ("Doboku Kozobutsu Hoke n"), 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 ("Bo iler 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").  
3. (a) Appropriate authorities have  eliminate d obligations for members of a rating 
organization to use rates calculated by the ra ting 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. 
 
  Pursuant to  the  changes   above, the appropriate authorities will approve, within the 
standard processing period of ninety days af ter submission, applications allowing all 
insurance service suppliers to differentiate, on the basis of the risk insured, the rates, forms 
and distribution of products, without regard to whether such applications use statistical rates 
calculated by the rating organization. 
   
 
 ( b) 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  TN/S/O/JPN 
 Page 57 
 
 
 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., commercial, 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. 
  
 
4. If an insurance service supplie r has submitted documents to appropriate authorities related to 
insurance products or rates, which the insurance ser vice 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 undue  delay to such a request and indicate whether 
they consider the documents to constitute a formal application. 
 B. Banking and Other Financial Services
 
 (excluding Insurance and Insurance-Related Services) 
 1. With respect  to the assets of Employees' Pens ion 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. The ceiling of 1/2 of total assets with respect to the assets of Funds which can be managed by 
discretionary investment management service suppliers  has been  eliminated. 
 3. No asset allocation guidelines are applied to  individual pension fund  management service 
suppliers with respect to the management of fund assets of the Government Pension Investment 
Fund   (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 di scretionary investment management services 
may be supplied by one entity if that entity satisfi es the relevant prudential provisions of Japanese 
Laws and the prudential standards set  out by appropriate authorities. 
 
5. Appropriate authorities permit the Government Pension Investment Fund  to allow 
investment advisory companies to partic ipate in the management of its fund assets through a 
framework designated by relevant Japanese laws and regulations . 6. Appropriate authorities will 
fully utilize the existing mechanis ms available to them to res pond expeditiously to accommodate 
innovations in securities products, while ensuring the most appropriate supervision of markets from 
prudential viewpoints. 
 TN/S/O/JPN 
Page 58 
 
 
 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 Agr eement 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 Me mber 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 the degree of liberalization to which a Member 
 is committing itself under the Agreement. 
 
 Interested Members, on the basis of negotiati ons, and subject to conditions and qualifications 
where specified, have inscribed in  their schedule specific commitmen ts conforming to the approach 
set out below. 
 
A. Standstill 
 
  Any conditions, limitations and qualificati ons 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 them  or reduce their scope.  Notwithstanding 
subparagraph 1(b) of the Annex on Financial Services, this paragraph 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 pur chase or acquisition of financial services by public 
entities of the Member in its territory. 
 
 Cross-border Trade 
 
3. Each Member shall permit non-resident s uppliers 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: 
  TN/S/O/JPN 
 Page 59 
 
 
  (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 vehi cle 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 a dvisory 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 purchase 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 preven t 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 supplier.  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. 
 TN/S/O/JPN 
Page 60 
 
 
  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 possessing 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 services, 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 supp liers of any other Member to operate, 
compete or enter the Member's market;   
 
provided that any action taken under this paragraph would 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 subparagr aphs 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 suppliers  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. 
  TN/S/O/JPN 
 Page 61 
 
 
 C. National treatment 
 
1. Under terms and cond itions that accord national treatment, each Member shall grant to 
financial service suppliers of any other Member established 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 pa ragraph 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 national treatment to  financial service 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 servi ces 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 vent ures, partnerships, sole 
proprietorships, franchising oper ations, branches, agencies, representative offices or other 
organizations. 
 
3. A new financial service is a service of a fina ncial 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.  
_______________ 
 TN/S/O/JPN 
Page 62 
 
 
  
 
MFN EXEMPTION LIST OF JAPAN  
 
1. Japan submits the draft List of MFN exemption pursuant to Article II and the Annex on 
Article II Exemptions of the General Agreemen t on Trade in Services (GATS), and Annex on 
Negotiations on Maritime Transport Services.  
2. Japan reserves the right to revise its MFN exem ption list, prior to the outcome of current 
round, in light of developments in the negotiations , or for the benefit of transparency and other 
technical clarity. Japan is ready to consider im proving its MFN exemption list, depending on other 
Members’ offers of specific commitments and improvements in MFN exemption lists and the overall outcome of the negotiation. 
 
  
  
Page 63 of 63  TN/S/O/JPN
 Page 63JAPAN - LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
Sector or sub-
sector Description of measure indicating its 
inconsistency with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Maritime cabotage services
1 Right of engaging in maritime cabotage services 
is reserved to Japanese vessels, except for 
vessels of a limited number of countries which 
are granted right of limited access pursuant to 
treaties of friendship, commerce and navigation 
with Japan. All countries This measure shall be 
maintained as long as the 
treaties referred to in the 
second column remain in 
force. While maritime cabotage services 
are generally not permitted to 
foreign vessels, it is a well 
established international practice 
for major trading partners to grant 
limited access to maritime cabotage 
services to foreign vessels on  
reciprocal basis or for other 
considerations.  
 
International 
freight forwarding 
services An operation permit or governmental 
registration for international freight forwarding 
services (including services related to 
multimodal transport services2) is granted only 
to those firms of the countries in which 
Japanese firms are eligible for such permit or 
qualified for such registration. All countries3 Termination of this measure 
shall be considered depending 
upon the outcome of present 
and subsequent rounds of 
negotiations for trade 
liberalisation. Some major trading partners do not 
accord Japanese nationals 
satisfactory access to the supply of 
international freight forwarding 
services (including services related 
to multimodal transport services2) 
in their territories. 
 
International shipping services 
(including 
passenger 
transportation and 
freight 
transportation 
services) Restriction or prohibition of a) entry in Japanese 
ports and b) loading or unloading of cargoes in 
Japanese ports for a designated period may be 
imposed as a countermeasure on operators of 
vessels who belong to the country in which 
interests of Japanese operators continue to be 
substantially damaged, in spite of prior 
notification of taking such measure, under 
unfavourable treatment imposed on them by that 
country or by local authorities or similar entities 
of that country. All countries Termination of this measure 
shall be considered depending 
upon the outcome of present 
and subsequent rounds of 
negotiations for trade 
liberalization. Some major trading partners may 
impose unfavourable treatment on 
Japanese vessels operators in their 
territories. 
__________ 
                                                      
1 “Maritime cabotage services” covers trans portation of passengers or goods between a port located in Japan and another port loc ated in Japan and traffic with passengers aboard 
originating and terminating in the same port located in Japan. 
2 "Multimodal transport services" means freight transport services  combining international maritime transport and road/railroad transport, provided on ‘door to door’ basis by a 
multimodal transport operator (as defined in paragraph 2 of Note to  the specific commitments in the sectors of maritime transpo rt services and maritime auxiliary transport services in the schedule 
of specific commitments of Japan). 
 3 Note (Information provided for transparency purpose): 
An operation permit or governmental registration referred to in this  column will be granted to the firms of any other Member ma king commitments for intern ational freight forwarding 
services without any limitation under th e Agreement after the full implementation of these co mmitments is confirmed.