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Gary N Horlick
Law Offices of Gary N Horlick

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CONTENTS[ Exclusively for: Atsumi &#38; Sakai (Tokyo) | 16-Sep-16, 05:21 AM ] ©Getting The Deal ThroughOverview5Japan48

Gary N Horlick
Law Offices of Gary N Horlick

Yuko Nihonmatsu, Fumiko Oikawa and Mariko Sanno
Atsumi & Sakai
7

The Eurasian Economic Union

Korea53

Edward Borovikov, Bogdan Evtimov and Igor Danilov
Dentons

Juhong Kim, Mikyung (MK) Choe and Hyunsoo Joo
Kim & Chang

NAFTA14

Malaysia58

Gustavo A Uruchurtu
Uruchurtu y Abogados Consultores SC

Lim Koon Huan
Skrine, Advocates & Solicitors

Trans-Pacific Partnership

16

Mexico63

Gary N Horlick
Law Offices of Gary N Horlick

Gustavo A Uruchurtu
Uruchurtu y Abogados Consultores SC

Brazil19

Pakistan67

Vera Kanas Grytz and Carolina Jezler Muller
TozziniFreire Advogados

Saad Shuaib Wyne and Hiba Raza Khan
Legal Oracles

Canada25

Turkey72

Jesse Goldman and Matthew Kronby
Bennett Jones LLP

M Fevzi Toksoy and Bahadir Balki
ACTECON

Chile31

Ukraine77

Ignacio Garcia and Andrés Sotomayor
Porzio Rios García

Nataliia Isakhanova, Anna Gladshtein and Olesia Kryvetska
Sergii Koziakov & Partners

European Union

35

Laurent Ruessmann and Jochen Beck
Fieldfisher

United States

86Mark P Lunn and Yohai Baisburd
Dentons US LLP

India41
Santanu Mukherjee, Gunjan Mishra and Ashish Chandra
Luthra & Luthra Law Offices2

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Japan
Yuko Nihonmatsu, Fumiko Oikawa and Mariko Sanno
Atsumi & Sakai

Overview
1

What is the main domestic legislation as regards trade
remedies?

The main domestic legislation regarding trade remedies are:• the Customs Tariff Act: http://law.e-gov.go.jp/htmldata/M43/M43HO
054.html (Japanese only); and• the Cabinet Order on Anti-Dumping Duties: http://law.e-gov.go.jp/
htmldata/H06/H06SE416.html (Japanese only).
2

Trade defence investigations
Which authority or authorities conduct trade defence
investigations and impose trade remedies in yourjurisdiction?

The Ministry of Finance (www.mof.go.jp/english/index.htm) and theMinistry of Economy, Trade and Industry (www.meti.go.jp/english/index.
html) are the authorities that conduct trade defence investigations andenforce the Customs Tariff Act in Japan.
4

•
•
•
•

In general terms what is your country’s attitude tointernational trade?

Japan became a signatory to the General Agreement on Tariffs and Trade(GATT) in September 1955. Under GATT, Japan gradually liberalised tradeand reaped many benefits as a nation from trade liberalisation generally.
This helped Japan achieve the transition from post-WWII recovery toindustrial development.
Since the 1990s, the network of free trade agreements (FTAs) aroundthe world has grown significantly. Even in Japan, a nation that has beena staunch supporter of multilateral trade arrangements under GATT and
WTO, calls for FTAs have increased and in January 2001 Japan began negotiating an economic partnership agreement (EPA) with Singapore, which
was concluded in November 2002, becoming Japan’s first EPA. By June
2016, Japan had EPAs in place with 15 other countries.
Japan’s EPAs tend to extend beyond customs duties and liberalisationof services to cover investment, government procurement, intellectual
property rights, migration and the business environment, and are aimed at
expanding both trade and investment between the countries, with the morecomprehensive EPAs extending to topics not covered under WTO rules.
As of June 2016, Japan is negotiating EPA/FTAs with eight counterparties including ASEAN, EU, South Korea and Canada, in addition to negotiating the TPP and RCEP multilateral agreements. As of June 2015, tradewith countries with which Japan has a trade agreement in force or signed
up makes up 22.3 per cent of Japan’s total trade; this rises to 84.6 per centwhen you include those countries with which Japan is currently negotiating EPAs.

3••

What is the procedure for domestic industry to start a trade
remedies case in your jurisdiction? Can the regulator start aninvestigation ex officio?

Those with interests in Japanese industry (a domestic producer of foreign
goods in the same category as the goods under investigation, and/or a
producer that produces at least 25 per cent of the total domestic production of those goods) can make a complaint to the Minister of Finance foranti-dumping duties upon submission of the necessary documents withadequate evidence to establish the following facts:••name and address or residence of the applicant;name, brand, product type and characteristics of the goods that havebeen dumped;name of the supplier of the dumped goods and the country of origin;background to the complainant’s interests in industry in Japan;
outline of the facts regarding the import of the dumped goods, andthe effective damage, etc that the imports have caused to the industry
in Japan;
if requesting that any of the matters provided in the documents submitted, or all or part of the evidence submitted, be handled in confidence, a statement to this effect, and the reasons for requesting
the same;
the state of support for duties from related producers, etc or related
labour unions; andother relevant matters.

The authority responsible for investigating the request will confirm thatthe necessary documents have been submitted that adequately evidence
the above matters; once they are satisfied of this, they will begin investigating whether or not to act on the request. The confirmation usually takes
around two months, and once an investigation starts it will generally becompleted within one year after commencing investigations (and no morethan 18 months).
In May 2016, the Ministry of Finance (MoF) and Ministry of Economy,
Trade and Industry (METI) published guidelines for preparing the documents required when requesting anti-dumping duties: www.meti.go.jp/
policy/external_economy/trade_control/boekikanri/download/traderemedy/adgl_tebiki2.pdf (Japanese only), as well as examples of the way
in which to prepare the documents: www.customs.go.jp/kaisei/sonota/
adgl_annex1.pdf (Japanese only).
5

What is the procedure for foreign exporters to defend a trade
remedies case in your jurisdiction?

Once a decision has been made to commence an investigation, theMinister of Finance will promptly notify directly interested parties (theimporters, etc of the goods under investigation) and the party or parties
that requested the investigation in writing, providing the name of thegoods to be investigated and the estimate term of the investigation, etc,
and will also announce this publicly in the Official Gazette. For a period
specified in the MoF after the investigation starts, interested parties may
make written representations to the Minister of Finance giving their opinions regarding the investigation.
The Minister of Finance will also notify directly interested parties inwriting of important facts that form the basis of a final decision on whether
to impose duties or the tariff rate to apply, etc (reasons for a duty, dumping
margin, etc). In response, directly interested parties may make counterarguments in writing within a designated period.
6

Are the WTO rules on trade remedies applied in national law?

Japan is a member of the WTO.
The Customs Tariff Act incorporates into Japanese laws the provisions of article 6 of the General Agreement on Tariffs and Trade (GATT)
Agreement on Implementation of article VI of the General Agreement on
Tariffs and Trade 1994 (the Antidumping Agreement). In Japan, if an investigation is commenced into certain types of imported goods originating in
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that market economies’ conditions exist with respect to the production
and sale of the designated goods, and as a rule, China and Vietnam aretreated as countries with non-market economies. However, it should be
noted that under WTO accession protocols for these countries, the above
provision can only be applied until 10 December 2016 in the case of designated goods originating in China, and until 31 December 2018 in the caseof designated goods originating in Vietnam.
7What is the appeal procedure for an unfavourable trade
remedies decision? Is appeal available for all decisions? How
likely is an appeal to succeed?

A party subject to a dumping duty (ie, the importer) may appeal to the
Minister of Finance within three months from the day after becoming
aware of the unfavourable trade remedies. If the Minster’s decision on theappeal is also unfavourable, the party may then take the matter to court toseek to have the trade remedies annulled, etc, which must be done within
six months from the day after becoming aware of the Minister’s decision. If there are valid reasons for doing so, the process of appeal to the
Minister may be bypassed, instead going straight to an appeal to the court.
However, generally speaking it is highly unlikely that a trade remedy decision could be overturned by such appeal or court litigation process.
8

How and when can an affected party seek a review of the dutyor quota? What is the procedure and time frame for obtaininga refund of overcharged duties? Can interest be claimed?

Extension of the duty period
Anti-dumping duties can be imposed for a maximum of five years, but thiscan be extended if an interested party can submit evidence to the Ministerof Finance (no later than one year before the end of the duty period) that
adequately shows that actual damage, etc, would continue to be incurred,or would be incurred again, as a result of the importation of the designatedgoods to which the dumping duty applies or to Japanese industry as a result;the Minister of Finance will then investigate the claim and may extend the
dumping duty period for a further period of up to five years.
Revision, etc of the duty as a result of changed circumstancesInterested parties may make a request for revision or abolition of a dumping duty, NOT less than one year from the start of the designated periodof duties with regard to a designated goods, if it is accepted, upon submitting adequate evidence, that the circumstances have changed regarding (i)dumping of the designated goods, or (ii) the facts of the actual damages,
etc, caused to the Japanese industry as a result of the importation of thedesignated goods. A determination whether or not to revise or abolish the
dumping duty generally takes not more than one year.
Refund of anti-dumping duties
If the amount of the anti-dumping duty paid by the importer of designatedgoods can be shown to be more than the actual amount of difference that
arose through dumping of the designated goods, then the importer may
request a refund of the dumping duty from the Japanese government uponpresenting adequate evidence to support the request. Instigation of therequest, and result in either refunding the dumping duty up to the amountrequested, or a rejection if there is insufficient reason for doing so.
9What are the practical strategies for complying with an antidumping/countervailing/safeguard duty or quota?

To date, the Japanese government has only conducted seven anti-dumping
investigations, six of which led to anti-dumping duties being imposed. This
includes two that are currently under provisional measures and those forwhich the duty period has already been completed. In the past, Japan had
been reticent about using anti-dumping duty measures, which might havebeen putting Japanese businesses in a difficult position.
In recent years, there has been an increase in concern over export
dumping conduct globally, as economic growth in developing countries
has slowed and industries find themselves with overcapacity, and Japanesecompanies have begun to take measures to fight dumping. The Japanese
government has streamlined the process for companies to petition for ananti-dumping investigation, simplified the way in which the investigations themselves are conducted, and taken other measures to improve thedomestic anti-dumping system.

JAPAN

Customs duties
10 Where are normal customs duty rates for your jurisdiction
listed? Is there a binding tariff information system or similarin place? Are there prior notification requirements forimports?
Based on the principle of no taxation without law, there are specific laws ortreaties that stipulate six main different customs duty rates:• General rate (Customs Tariff Act): A rate that is set from a long-term
perspective based on the state of domestic industry, etc.
• Temporary rate (Act on Temporary Measures concerning Customs): A
provisional, flexible rate applied in special circumstances.
• Generalised system of preferences rate (Act on Temporary Measuresconcerning Customs): A rate that is applied to imported goods forwhich the country of origin is a developing country that has requested
preferential tariffs and Japan has accepted this request (generalised
system of preferences beneficiary).
• LDC preferences rate (Act on Temporary Measures concerning
Customs): This is a rate that applies specifically to imported goods forwhich the country of origin is a preferential beneficiary and that is alsoan LDC, in which case the tax rate is zero. The LDC preferences rate
(zero tax) will also apply in the case of the importation of general preferential goods originating from an LDC.
• WTO treaty tariff rate: This is a rate that is agreed (binding rate) as the
maximum duty applicable to imported goods originating from a WTO
member country. It also applies to countries with beneficial customs
duty treatment, or countries with most favoured-nation status underbilateral treaties.
• EPA tariff rate: This is a rate that is set out in specific EPAs between
Japan and certain other countries. Certain duties are reduced or eliminated for goods originating from such countries according to a schedule in the relevant EPA.
The rates described in the bullets above are set out in the Customs Tariff Act
or other related laws and treaties based on the International Convention on
the Harmonised Commodity Description and Coding System (HS Treaty),
and the customs tariff schedule can be found on the Customs website:www.customs.go.jp/english/tariff/index.htm.
An importer may make an enquiry with the Customs about the tariff classification (tariff code) and the tariff rate which would be applied to
products that the importer is planning to import, and obtain written rulingin response, before commencing the importation (Advance Classification
Ruling System). The tariff classification, tariff rate and statistical code
listed on this advance classification ruling system are then applied to theimport declaration.
11 Where are special tariff rates, such as under free trade
agreements or preferential tariffs, and countries that are
given preference listed?
All tariff rates are set forth in the customs tariff schedule on the website
listed above.
Countries that are given preference under EPAs are listed on the website: www.customs.go.jp/tokyo/zei/origin/flow/step01.htm.
GSP beneficiaries (countries and territories) are listed on the website:www.customs.go.jp/english/c-answer_e/imtsukan/1504_e.htm.
12 How can GSP treatment for a product be obtained or
removed?
In order to receive preferential tariff treatment, it is necessary for aimporter to submit a certificate of origin, the GSP (: Form A at the time ofimport declaration. This certificate has to be issued at the time of exportation by customs authorities or other officially authorised body, such as achamber of commerce and industry, in the country of origin, based on the
declaration made by the exporter. The goods must be imported directly to
Japan for preferential tariff treatment.
There is also a system whereby preferential tariffs are no longer available for products that originate from preferential treatment beneficiary
countries or territories once the country’s economy has developed or
achieved a high level of global competitiveness.

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Entire graduation
A country or territory is excluded from the list of beneficiaries of Japan’s
GSP scheme when the country or territory has been classified in the WorldBank Statistics as a high-income country for three consecutive years.

and provide advice, including, in some circumstances, assisting with thelaunching of WTO dispute settlement procedures, etc.

Partial graduation
Products originating from a beneficiary are excluded from preferential
treatment when the beneficiary is classified as a high-income economy
in the World Bank Statistics of the previous year, and the value of Japan’s
imports of the product originating from the beneficiary exceeds Y1 billion
and 25 per cent of the total value of Japan’s worldwide imports of the product in the trade statistics of two years ago.
There are also certain products originating from the beneficiaries thatare excluded from preferential treatment under certain conditions (such as
certain species of fish from a beneficiary believed to be against the conservation standards by a regional fisheries management organisation).

The Japanese government takes the approach of using the WTO and otherinternational trade rules to settle disputes regarding international economic issues. When a company, export cooperative or other interested
party is faced with a foreign trade barrier and brings the matter to theattention of the ministry responsible for that particular industry, the ministry will interview the interested parties to ascertain the facts. If necessary,the ministry will collaborate with METI and other relevant ministries tohandle the matter consistently from the Japanese government’s perspective, which can include requesting discussions with the relevant foreign
government, and failing a satisfactory outcome through such negotiations,filing a complaint through dispute resolution procedures under the WTO
or the relevant EPA.

13 Is there a duty suspension regime in place? How can duty
suspension be obtained?
Currently, there is no formal duty suspension regime in Japan.
Japan does have a tariff quota system under which a specified quota ofcertain products may be imported without tariffs or with low tariffs (primary tariff rate) to meet domestic demand for low priced imported product, but once this quota is met, a relatively high tariff (secondary tariff rate)
is applied to further imports in order to protect domestic producers. This
tariff quota system differs from the duty suspension regime in that there isa limit to the number of imported goods.
14 Where can customs decisions be challenged in yourjurisdiction? What are the procedures?
Any person who is not satisfied with a disposition taken by the DirectorGeneral of Customs under the Customs Act or other related laws andregulations may file a protest within three months from the day following
the day of the receipt by the petitioner of the notification of a disposition(request for reinvestigation). For a request for reinvestigation, the DirectorGeneral of Customs reviews the validity of the disposition and notifies thepetitioner of the result with a copy of the decision letter.
If the petitioner is still not satisfied with the decision in response toa request for reinvestigation, it may file an appeal with the Minister ofFinance within one month from the day following the day of the deliveryof the decision letter. In addition, instead of requesting an investigation,
any person who is not satisfied with a disposition taken by the DirectorGeneral of Customs may also directly file an appeal to the Minister ofFinance within three months from the day following the day of the receipt
by the petitioner of the notification of a disposition. These procedures arecalled a ‘request for review’. In a request for review, the Minister of Financereviews and examines the validity of the disposition and notifies the petitioner of the result with a copy of the written verdict.
If the petitioner is still not satisfied with the decision made by the
Ministry of Finance may file an appeal to the court within, in principle, sixmonths from the day of the receipt of the written verdict.
Trade barriers
15 What government office handles complaints from domestic
exporters against foreign trade barriers at the WTO or underother agreements?
The government offices that handle complaints from domestic exporters against foreign trade barriers at the WTO or under other agreements
are METI, MoF and other ministries responsible for the specific industry
in Japan.
In particular, METI publishes a ‘Report on Compliance by Major
Trading Partners with Trade Agreements – WTO, FTA/EPA and IIA’and ‘METI Priorities Based on the Report’, for the purpose of improving compliance among major trading partners whose trade policies andtrade measures might not be consistent with the international rules ofthe WTO, etc. The Multilateral Trade System Department and Office for
WTO Compliance and Dispute Settlement, Trade Policy Bureau within
METI has a webpage dedicated to dealing with enquiries regarding trade
policies and measures of foreign countries that are faced by companies andbusiness operators. This office will consider whether the foreign government’s measures are consistent with WTO and other international rules

16 What is the procedure for filing a complaint against a foreign
trade barrier?

17 What will the authority consider when deciding whether tobegin an investigation?
When a company, export cooperative or other interested party is faced witha foreign trade barrier and brings the matter to the attention of METI, MoF
and other Japanese ministries responsible, the Japanese government will
look at the evidence provided and decide whether to begin an investigation based on whether the foreign government’s actions are in violation of
WTO or other international rules.
18 What measures outside the WTO may the authority
unilaterally take against a foreign trade barrier?
Japan also uses international trade rules outside the WTO to resolve disputes relating to international economic matters.
If the relevant government authority determines that there is a foreign trade barrier that is against an international trade rule, the Japanese
government will conduct bilateral negotiations with the other country andtake other appropriate measures, such as investor-state arbitration (wherea bilateral investment treaty or BIT exists) and other EPA/BIT disputesettlement processes.
19 What support does the government expect from the private
sector to bring a WTO case?
If an industry wishes to bring a WTO case, it must discuss the case withthe relevant government authority in detail. As a part of this consultation
process, the industry would be required, at its own cost, to collect data,
conduct research and provide necessary information in order to enable theauthority to determine whether or not to begin an investigation and bringa WTO case, etc.
20 What notable trade barriers other than retaliatory measures
does your country impose on imports?
Under the Customs Act, any person wishing to import goods must declarethem to the Customs, obtain an import permit and make payment ofcustoms duty and excise taxes after necessary examination of goods(Import Declaration).
The Customs Act prohibits the importation of the following goods;• heroin, cocaine, MDMA, opium, cannabis, stimulants, psychotropic
substances and other narcotic drugs (excluding those designated by
Ministry of Health, Labour and Welfare Ordinance);• firearms (pistols, etc), ammunition (bullets) thereof and pistol parts;• explosives (dynamite, gunpowder, etc);• precursor materials for chemical weapons;• germs which are likely to be used for bio-terrorism;• counterfeit, altered or imitation coins, paper money, banknotes or
securities, and forged credit cards;• books, drawings, carvings and any other goods which may harm public
safety or morals (obscene or immoral materials, eg, pornography);• child pornography;• goods which infringe upon intellectual property rights; and• goods which constitute the unfair competition under Unfair
Competition Prevention Law.
In addition, with respect to import cargos which have an adverse impact on
the economy, industries, sanitation, health, public safety or public morals,

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etc, in Japan, the Foreign Exchange and Foreign Trade Act and other laws
and regulations control the import of those cargoes by requiring permits,
approvals, etc, or inspections by administrative agencies or satisfaction ofother conditions on the import of cargoes. For example, imported plants
are required to go through plant quarantine, and the importation of certain
plants from specific areas, harmful plants and animals such as insects, mites
or bacteria, and soil and plants to which soil is attached are banned unlesspermission is obtained for use in test and research, etc (Plant Protection
Act). Also, in order to prevent invasion of domestic animal infectious diseases from overseas, import of cloven-hoofed animals such as cattle, pigs
and sheep, equine animals and fowl, etc, are banned unless a certificate ofimport quarantine is obtained upon inspection by the Animal Quarantine
Service of the Ministry of Agriculture, Forestry and Fisheries or permit isobtained from the Minster of Agriculture, Forestry and Fisheries (Act on
Domestic Animal Infectious Diseases Control).
For importing endangered animals and plants subject to restrictions
under the Convention of International Trade in Endangered Species ofWild Fauna and Flora (Convention), it is necessary to obtain the export permit issued by the government authority as stipulated by the Convention,
as well as the import licence issued by the Ministry of Economy, Tradeand Industry.
Export controls
21 What general controls are imposed on exports?
With regard to exports from Japan, export declaration, inspection and permit are required under the Customs Act. An export declaration requires
submission of an export declaration in a prescribed form, invoice, package list and other documents. When an exporter wishes to export cargo (ortechnology; hereinafter the same) that requires a permit or approval underlaws or regulations other than the Customs Act, the exporter must be able
to prove to customs that these requirements have been met.
22 Which authorities handle the controls?
The Custom and Tariff Bureau of the MoF handles export customs clearance procedures, although permits and approvals for export of certain
cargo are governed by other government agencies pursuant to the laws andregulations that require such permits and approvals. The most importantof these is the Foreign Exchange and Foreign Trade Act (Foreign ExchangeAct), and the METI is the government agency responsible for permits andapprovals for export of cargo under the Foreign Exchange Act.
23 Are separate controls imposed on specific products? Is alicence required to export such products? Give details.
For security purposes, the Foreign Exchange Act controls the export ofcertain cargo using two methods, namely list control and catch-all control.
Specific cargo subject to export controls are designated in the Export
Trade Control Order (Export Order) and the Foreign Exchange Order. List
control requires exporters to obtain an export permit from the METI if theirexport cargo are on the control list and have the specifications set out in the
Ordinance of the Ministry Specifying Goods and Technologies Pursuant toProvisions of the Appended Table 1 of the Export Control Order and the
Appended Table of the Foreign Exchange Order. Based on international
export control regimes, the said list includes arms and other dual-use items
which may be used for development of weapons of mass-destruction.
Catch-all control is a system where exporters must obtain a permit
from the METI for their export cargo other than those included in thecontrol list (excluding food and timbers, etc) if notified by the METI to
apply for an export permit (inform requirement) or if it is judged, basedon expected usage and the end user, that such cargo might be used for thedevelopment of weapons of mass destruction.
24 Has your jurisdiction implemented the WCO’s SAFE
Framework of Standards? Does it have an AEO programmeor similar?
In order to implement the WCO’s SAFE Framework of Standards, Japan
amended the Customs Tariff Act and relevant laws in 2012 to introduce theadvance filing rules which requires shipping companies to electronicallysubmit to Customs information for maritime container cargo to be loaded
on a vessel bound for a port in Japan, in principle at least 24 hours before
departure of the vessel from the port of loading. In addition, the Customs
and Tariff Bureau of the MoF implemented the authorised economic operator (AEO) programme; a system conforming with international standards.

JAPAN

Under this programme, companies that have well-organised cargo security
management and compliance systems are given the benefit of simple andreduced custom clearance procedures. Currently, Japan has signed mutual
recognition of this AEO programme with seven other countries.
25 Where is information on countries subject to export controls
listed?
The catch-all control described in No. 23 only applies to exports shippedto certain regions, and the Export Order exempts certain countries (‘whitecountries’) from the catch-all control. Also, some of the catch-all controls provides for various cases where prior permits are required for cargo
exported to countries and regions subject to a UN arms embargo as listed
in the Export Order. Reference: www.meti.go.jp/policy/anpo/securityexportcontrol3.html.
For the purpose of national security and international cooperation,etc, the Foreign Exchange Act requires exporters to obtain approval from
the METI for the export of cargos to certain regions. The destinations subject to this requirement are listed in the Export Order.
26 Does your jurisdiction have a scheme restricting or
banning exports to named persons and institutions abroad?
Give details.
The METI publishes an ‘End User List’ which lists foreign companies andorganisations believed to be involved in development of weapons of massdestruction, etc. The End User List is not an embargo list, though export tocompanies and organisations on the list requires a permit from the METI
unless it is clear that the export cargo is not to be used for the developmentof weapons of mass-destruction based on the way in which the cargo will
be used, the way in which the cargo is traded, the terms of the transaction
and other factors.
The End User List (as of 29 March 2016) can be found at: www.meti.
go.jp/policy/anpo/law_document/tutatu/kaisei/20160329_3.pdf.
27 What are the possible penalties for violation of export
controls?
Customs Act• Ten years of imprisonment with labour or a fine of not more than ¥30
million, or both;• forfeiture of the embargoed goods and unpermitted export goods; and• dual liability also applies.
Foreign Exchange Act• Ten years of imprisonment with labour or a fine of not more than
¥10,000,000, or both, provided, however, that if the price of the subject of the violation, when multiplied by five, exceeds ¥10 million, afine shall be not more than five times of that price;• administrative sanction for banned export of cargos for a maximum ofthee years; and• dual liability also applies.
Financial and other sanctions and trade embargoes
28 What government offices impose sanctions and embargoes?
The MoF and the METI have the authority to implement economic sanctions if (i) deemed necessary in order to perform international agreements,(ii) deemed especially necessary for Japan to contribute to international
efforts for world peace, or (iii) a cabinet decision is made to take countermeasures deemed necessary to maintain peace and safety of Japan.
29 What countries are currently the subject of sanctions orembargoes by your country?
Currently, comprehensive economic sanctions are in force in respect ofNorth Korea, and a partial economic sanction is in force in respect of Iran,
Libya, Syria, Somalia and Eritrea.
Details at: www.meti.go.jp/policy/external_economy/trade_control/
01_seido/04_seisai/seisai_top.html (Japanese only).
30 Are individuals or specific companies subject to financial
sanctions?
Yes. See ‘List of economic sanctions and individuals/activities subject thereto’ (as of 20 May 2016), www.mof.go.jp/international_policy/
gaitame_kawase/gaitame/economic_sanctions/list.html (Japanese only).

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Miscellaneous
31 Describe any trade remedy measures, import or export
controls not covered above that are particular to yourjurisdiction.
Not applicable.
32 What effects are mega-regional trade agreements, such as the
TPP, TTIP and RCEP, expected to have on your jurisdiction?
Japan signed the TPP Agreement in February 2016, and discussions arebeing held in the Diet to establish procedures for obtaining the Diet’s
approval for the TPP Agreement and laws to implement it. When the TPP
Agreement is brought into effect in domestic law and, as an effect, Japanmoves on to a new growth track (equilibrium position), Japan’s real GDP
level is expected to increase by 2.6 per cent, an increase of approximately¥14 trillion. In addition, the labour supply is expected to rise by approximately 800,000.
In addition, Japan has been participating in RCEP negotiations since2013. If signed, RCEP will create a broad economic bloc of approximately
3.4 billion people (almost half of the world’s population) and accounting for combined a GDP of approximately US$20 trillion (30 per cent of
the world’s GDP). Some estimates show that RCEP will push up Japan’s
real GDP.

Yuko Nihonmatsu
Fumiko Oikawa
Mariko Sanno

yuko.nihonmatsu@aplaw.jp
fumiko.oikawa@aplaw.jp
mariko.sanno@aplaw.jp

Fukoku Seimei Building (Reception: 12F)
2-2-2 Uchisaiwaicho, Chiyoda-ku
Tokyo 100-0011
Japan

Tel: +81 3 5501 2111
Fax: +81 3 5501 2211
www.aplaw.jp

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