AGREEMENT BETWEENJAPAN AND THE FEDERATIVE REPUBLIC OF BRAZILON SOCIAL SECURITY

Japan and the Federative Republic of Brazil,
Being desirous of regulating their mutual relations in
the field of social security,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
1.

For the purpose of this Agreement:(a)the terms “a Contracting State” and “the other
Contracting State” mean Japan or the Federative
Republic of Brazil, as the context requires;(b)the term “Brazil” means the Federative Republicof Brazil;(c)the term “national” means,
as regards Japan,
a Japanese national within the meaning of the law
on nationality of Japan,
as regards Brazil,
a Brazilian national in accordance with theConstitution and laws of the Federative Republicof Brazil;(d)the term “legislation” means,
as regards Japan,
the laws and regulations of Japan concerning theJapanese pension systems specified in paragraph 1
of Article 2,
as regards Brazil,
the laws and regulations concerning the benefits
specified in paragraph 2 of Article 2;(e)the term “competent authority” means,
as regards Japan,
any of the Governmental organizations competentfor the Japanese pension systems specified inparagraph 1 of Article 2,
as regards Brazil,
the Ministry responsible for the application of
the legislation of Brazil referred to inparagraph 1(d) of this Article;(f)the term “competent institution” means,
as regards Japan,
any of the insurance institutions, or any
association thereof, responsible for the
implementation of the Japanese pension systems
specified in paragraph 1 of Article 2,
as regards Brazil,
the National Institute of Social Security;(g)

the term “period of coverage” means,
as regards Japan,
a period of contributions under the legislationof Japan concerning the Japanese pension systems
specified in paragraph 1(a) to (e) of Article 2,
and any other periods taken into account underthat legislation for establishing entitlement tobenefits,
however, a period which shall be taken into
account, for the purpose of establishingentitlement to benefits under that legislation,
pursuant to other agreements on social security
comparable with this Agreement, shall not be
included,as regards Brazil,
a period of contributions and any other periods
taken into account for establishing entitlement
to the benefits under the legislation of Brazil;(h)the term “benefit” means a pension or any othercash benefits under the legislation of aContracting State.

2.
For the purpose of this Agreement, any term notdefined in this Agreement shall have the meaning assigned
to it under the applicable legislation.
Article 2
Matters Covered
This Agreement shall apply,1.
as regards Japan, to the following Japanese pension
systems:(a)the National Pension (except the National PensionFund);(b)

the Employees’ Pension Insurance (except the
Employees’ Pension Fund);(c)the Mutual Aid Pension for National Public
Officials;(d)the Mutual Aid Pension for Local Public Officials
and Personnel of Similar Status (except thepension system for members of local assemblies);
and

(e)

the Mutual Aid Pension for Private School
Personnel;(the Japanese pension systems specified in (b) to(e) shall hereinafter be referred to as the“Japanese pension systems for employees”),
however, for the purpose of this Agreement, theNational Pension shall not include the Old Age
Welfare Pension or any other pensions which are
granted on a transitional or complementary basis
for the purpose of welfare and which are payable
wholly or mainly out of national budgetary
resources; and2.

as regards Brazil,(a)to the Old-age, Disability and Survivors’
benefits as established by the General Regime ofSocial Security; and(b)to the Old-age, Disability and Survivors’
benefits as established by the military’s and thecivil servants’ social security regimes.

Article 3
Persons Covered
This Agreement shall apply to a person who is or has
been subject to the legislation of a Contracting State, as
well as dependants. For the purpose of this Article, theterm “dependants” means, as regards Japan, family members
or survivors who derive rights from a person who is or has
been subject to the legislation of Japan and, as regards
Brazil, dependants as defined under the legislation ofBrazil.
Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, thepersons specified in Article 3, who ordinarily reside in
the territory of a Contracting State, shall receive equal
treatment with nationals of that Contracting State in theapplication of the legislation of that Contracting State.
Article 5
Payment of Benefits Abroad
1.
Unless otherwise provided in this Agreement, any
provision of the legislation of a Contracting State which
restricts entitlement to or payment of benefits solely
because the person ordinarily resides outside the territoryof that Contracting State shall not be applicable topersons who ordinarily reside in the territory of the other
Contracting State.
2.
Benefits under the legislation of a Contracting State
shall be paid to nationals of the other Contracting State
who ordinarily reside in the territory of the third state,under the same conditions as if they were nationals of thefirst Contracting State.
3.
Payments of benefits under this Agreement tobeneficiaries who reside in the territory of the other
Contracting State are effected directly in freely
convertible currencies. In case provisions for restricting
the exchange of currencies or remittance are introduced byeither Contracting State, the Governments of bothContracting States shall immediately consult on themeasures necessary to ensure the payments of benefits byeither Contracting State under this Agreement.

PART IIPROVISIONS CONCERNING
THE APPLICABLE LEGISLATION
Article 6
General Provisions
Unless otherwise provided in this Agreement, a person
who works as an employee or a self-employed person in the
territory of a Contracting State shall, with respect tothat employment or self-employment, be subject only to thelegislation of that Contracting State.
Article 7Special Provisions
1.
Where a person who is employed in the territory of aContracting State by an employer with a place of businessin that territory is sent by that employer, either fromthat territory or from a territory of the third state, towork in the territory of the other Contracting State, theemployee shall be subject only to the legislation of thefirst Contracting State as if that employee were working in
the territory of the first Contracting State, provided thatthat employee is covered under the legislation of thatContracting State and that the period of such detachment is
not expected to exceed five years.
2.
If the detachment referred to in paragraph 1 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree in special circumstances thatthe employee remains subject only to the legislation of thefirst Contracting State for a period not exceeding three
years.
3.
A person who was already subject to the provisions ofparagraph 1 of this Article shall not be subject again to
those provisions, unless one year has elapsed since the endof the preceding detachment.
4.
Where a person who ordinarily works as a self-employedperson in the territory of a Contracting State, works
temporarily as a self-employed person only in the territoryof the other Contracting State, that person shall be
subject only to the legislation of the first Contracting
State as if that person were working in the territory of
the first Contracting State, provided that that person iscovered under the legislation of that Contracting State andthat the period of the self-employed activity in the
territory of the other Contracting State is not expected to
exceed five years.

5.
If the self-employed activity in the territory of theother Contracting State referred to in paragraph 4 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree in special circumstances thatthe self-employed person remains subject only to thelegislation of the first Contracting State for a period notexceeding three years.
6.
A person who was already subject to the provisions ofparagraph 4 of this Article shall not be subject again to
those provisions, unless one year has elapsed since the endof the preceding self-employed activity.
Article 8
Employees on Board a Sea-Going Vessel
Where a person works as an employed person on board a
sea-going vessel flying the flag of a Contracting State andwould otherwise be subject to the legislation of bothContracting States, that person is subject only to thelegislation of that Contracting State. Notwithstanding theforegoing, that person shall be subject only to thelegislation of the other Contracting State, if that person
is employed by an employer with a place of business in the
territory of that other Contracting State.
Article 9Members of Diplomatic Missions,
Members of Consular Posts and Civil Servants
1.
This Agreement shall not affect the provisions of theVienna Convention on Diplomatic Relations of April 18,
1961, or the Vienna Convention on Consular Relations ofApril 24, 1963.
2.
Subject to paragraph 1 of this Article, where any
civil servant of a Contracting State or any person treatedas such in the legislation of that Contracting State issent to work in the territory of the other Contracting
State, that person shall be subject only to the legislationof the first Contracting State as if that person were
working in the territory of the first Contracting State.

Article 10
Exceptions to Articles 6 to 9
At the request of an employee and an employer or aself-employed person, the competent authorities or thecompetent institutions of both Contracting States may agree
to grant an exception to Articles 6 to 9 in the interest ofparticular persons or categories of persons, provided thatsuch persons or categories of persons shall be subject tothe legislation of one of the Contracting States.
Article 11
Spouse and Children
While a person works in the territory of Japan and issubject only to the legislation of Brazil in accordancewith Article 7, paragraph 2 of Article 9 or Article 10, thespouse or children coming with that person shall be
exempted from the legislation of Japan concerning theJapanese pension system specified in paragraph 1(a) of
Article 2 provided that the requirements specified in thelegislation of Japan concerning the enforcement of theagreements on social security are fulfilled. However, whenthose spouse or children so request, the foregoing shallnot apply.
Article 12
Compulsory Coverage
Articles 6 to 8, paragraph 2 of Article 9 andArticle 11 shall apply only to compulsory coverage under
the legislation of each Contracting State.
PART IIIPROVISIONS CONCERNING BENEFITS
Chapter 1
Provisions concerning Japanese Benefits
Article 13
Totalization
1.
Where a person does not have sufficient periods ofcoverage to fulfill the requirement for entitlement toJapanese benefits, the competent institution of Japan shalltake into account, for the purpose of establishingentitlement to those benefits under this Article, theperiods of coverage under the legislation of Brazil insofar
as they do not coincide with the periods of coverage under
the legislation of Japan. However, the foregoing shall not
apply to the additional pension for specified occupations
under the mutual aid pensions and the lump-sum payments
equivalent to the refund of contributions.

2.
In applying paragraph 1 of this Article, the periodsof coverage under the legislation of Brazil shall be taken
into account as periods of coverage under the Japanesepension systems for employees and as corresponding periodsof coverage under the National Pension.
Article 14
Special Provisions concerning Disability Benefits
and Survivors’ Benefits
1.
Where the legislation of Japan requires forentitlement to disability benefits or survivors’ benefits(except the lump-sum payments equivalent to the refund ofcontributions) that the date of the first medical
examination or of death lies within specified periods ofcoverage, this requirement shall be deemed to be fulfilled
for the purpose of establishing entitlement to thosebenefits if such a date lies within the periods of coverage
under the legislation of Brazil. However, if entitlement
to disability benefits or survivors’ benefits (except the
lump-sum payments equivalent to the refund ofcontributions) under the National Pension is establishedwithout applying this Article, this Article shall not beapplied for the purpose of establishing entitlement todisability benefits or survivors’ benefits (except the
lump-sum payments equivalent to the refund ofcontributions) based on the same insured event under theJapanese pension systems for employees.
2.
In applying paragraph 1 of this Article, as regards a
person who possesses periods of coverage under two or more
Japanese pension systems for employees, the requirement
referred to in that paragraph shall be deemed to be
fulfilled for one of those pension systems in accordancewith the legislation of Japan.
3.
Paragraph 1 of Article 5 shall not affect theprovisions of the legislation of Japan which require aperson who is aged 60 or over but under 65 on the date of
the first medical examination or of the death to resideordinarily in the territory of Japan for the acquisition ofentitlement to the Disability Basic Pension or theSurvivors’ Basic Pension.

Article 15
Calculation of the Amount of Benefits
1.
Where entitlement to a Japanese benefit is establishedby virtue of paragraph 1 of Article 13 or paragraph 1 of
Article 14, the competent institution of Japan shallcalculate the amount of that benefit in accordance with thelegislation of Japan, subject to paragraphs 2 to 5 of this
Article.
2.
With regard to the Disability Basic Pension and otherbenefits, the amount of which is a fixed sum granted
regardless of the periods of coverage, if the requirements
for receiving such benefits are fulfilled by virtue ofparagraph 1 of Article 13 or paragraph 1 of Article 14, theamount to be granted shall be calculated according to the
proportion of the sum of the periods of contribution andthe premium-exempted periods under the pension system fromwhich such benefits will be paid to the theoretical periodof coverage referred to in paragraph 4 of this Article.
3.
With regard to disability benefits and survivors’
benefits under the Japanese pension systems for employees,
insofar as the amount of those benefits to be granted is
calculated on the basis of the specified period determinedby the legislation of Japan when the periods of coverage
under those systems are less than that specified period, if
the requirements for receiving such benefits are fulfilledby virtue of paragraph 1 of Article 13 or paragraph 1 of
Article 14, the amount to be granted shall be calculated
according to the proportion of the periods of coverage
under the Japanese pension systems for employees to thetheoretical period of coverage referred to in paragraph 4of this Article. However, when the theoretical period ofcoverage exceeds that specified period, the theoretical
period of coverage shall be regarded as equal to thatspecified period.
4.
For the purpose of paragraphs 2 and 3 of this Article,“theoretical period of coverage” means the sum of thefollowing periods (except that it shall not include theperiod after the month in which the day of recognition of
disability occurs or the period beginning with the month inwhich the day following the day of death occurs):(a) the period from the month in which the day of
attainment of age 20 occurs through the month
preceding the month in which the day of
attainment of age 60 occurs, except the period
before April 1, 1961;

(b) periods of contribution under the legislation ofJapan which do not coincide with the period
referred to in subparagraph (a) of thisparagraph; and(c) periods of coverage under the legislation ofBrazil which do not coincide with periods
referred to in subparagraph (b) of thisparagraph, in case the month in which the day ofrecognition of disability occurs or the month
preceding the month in which the day following
the day of death occurs is before the period
referred to in subparagraph (a) of thisparagraph.
5.
With regard to the calculation of the amount ofbenefits under the Japanese pension systems for employees
in accordance with paragraphs 2 and 3 of this Article, if
the person entitled to the benefits possesses periods ofcoverage under two or more such pension systems, theperiods of contribution under the pension system from whichsuch benefits will be paid referred to in paragraph 2 ofthis Article or the periods of coverage under the Japanesepension systems for employees referred to in paragraph 3 ofthis Article shall be the sum of the periods of coverage
under all such pension systems. However, when the sum of
the periods of coverage equals or exceeds the specified
period determined by the legislation of Japan within themeaning of paragraph 3 of this Article, the method of
calculation stipulated in paragraph 3 of this Article andthis paragraph shall not apply.
6.
With regard to the Additional Pension for Spouses
which is included in the Old-age Employees’ Pension and anyother benefits that may be granted as a fixed sum in cases
where the periods of coverage under the Japanese pension
systems for employees equal or exceed the specified period
determined by the legislation of Japan, if the requirements
for receiving such benefits are fulfilled by virtue ofparagraph 1 of Article 13, the amount to be granted shallbe calculated according to the proportion of those periodsof coverage under the Japanese pension systems for
employees from which such benefits will be paid to thatspecified period.
Article 16
Exception to Article 4
Article 4 shall not affect the provisions oncomplementary periods for Japanese nationals on the basisof ordinary residence outside the territory of Japan under
the legislation of Japan.

Chapter 2
Provisions concerning the Brazilian Benefits
Article 17
Totalization and Rules of Calculation
1.
If a person is not eligible to a benefit under thelegislation of Brazil for not having accumulated sufficientperiods of coverage according to that legislation, theperiods of coverage under the legislation of Japan will
also be taken into account to determine that person’s
eligibility. In order to apply the foregoing, thecompetent institution of Brazil shall:(a) calculate the theoretical amount of the benefit
that would be paid if all the periods of coverage
had been completed under the legislation ofBrazil;(b) on the basis of that theoretical amount, thencalculate the actual amount of the benefit
payable according to the ratio between the
duration of the periods of coverage completed
under the legislation of Brazil and the total
duration of the periods of coverage under thelegislation of both Contracting States. However,if that total duration exceeds the minimum period
necessary to establish eligibility to the benefit
under the legislation of Brazil, that total
duration shall be considered as equal to thatminimum period.
2.
The theoretical amount of the benefit referred to inparagraph 1(a) of this Article shall not, under any
circumstances, be inferior to the minimum amount guaranteedby the legislation of Brazil.
3.
If a person is eligible to a benefit under thelegislation of Brazil without the application of paragraph
1 of this Article, the competent institution of Brazil
shall determine the amount of the benefit to be paid based
exclusively on the periods of coverage completed by that
person under the legislation of Brazil.
PART IVMISCELLANEOUS PROVISIONS
Article 18
Administrative Collaboration
1.
The competent authorities of both Contracting Statesshall:

(a) agree on the administrative measures necessary
for the implementation of this Agreement;(b) designate liaison agencies for the implementationof this Agreement; and(c) communicate to each other, as soon as possible,
all information about changes to their respective
legislation insofar as those changes affect theimplementation of this Agreement.
2.
The competent authorities and competent institutionsof both Contracting States, within the scope of theirrespective authorities, shall provide any assistancenecessary for the implementation of this Agreement. This
assistance shall be provided free of charge.
Article 19
Charges or Fees and Legalization
1.
Insofar as the legislation and other relevant laws andregulations of a Contracting State contain provisions on an
exemption or reduction of administrative charges or
consular fees for documents to be submitted under thelegislation of that Contracting State, those provisions
shall also apply to documents to be submitted in theapplication of this Agreement and the legislation of theother Contracting State.
2.
Documents which are presented for the purpose of thisAgreement and the legislation of a Contracting State shallnot require legalization or any other similar formality by
diplomatic or consular authorities.
Article 20
Communication
1.
In implementing this Agreement, the competentauthorities and competent institutions of both Contracting
States may communicate directly in Japanese or Portuguese
language with each other and with any concerned person
wherever the person may reside.
2.
In implementing this Agreement, the competentauthorities and competent institutions of a Contracting
State may not reject applications or any other documents
for the reason that they are written in the language of theother Contracting State.

Article 21
Transmission and Confidentiality of Information
1.
The competent authorities or competent institutions ofa Contracting State shall, in accordance with its laws andregulations, transmit to the competent authorities orcompetent institutions of the other Contracting State
information about a person collected under the legislationof that Contracting State insofar as that information isnecessary for the implementation of this Agreement. Unlessotherwise required by the laws and regulations of that
other Contracting State, that information shall be used
exclusively for the purpose of implementing this Agreement.
2.
The competent authorities or competent institutions ofa Contracting State may, upon the request of the competentauthorities or competent institutions of the other
Contracting State, transmit, in accordance with thelegislation and other relevant laws and regulations of thatContracting State, information about a person other thanthat information referred to in paragraph 1 of this Article
collected under the legislation of that Contracting State,
to the competent authorities or competent institutions ofthat other Contracting State insofar as they are necessary
for the implementation of the legislation of that other
Contracting State. Unless otherwise required by the laws
and regulations of that other Contracting State, that
information shall be used exclusively for the purpose of
implementing that legislation of that other Contracting
State.
3.
Information referred to in paragraphs 1 and 2 of this
Article received by a Contracting State shall be governedby the laws and regulations of that Contracting State forthe protection of confidentiality of personal data.
Article 22
Submission of Applications, Appeals and Declarations
1.
When a written application for benefits, an appeal or
any other declaration under the legislation of aContracting State is submitted to a competent authority orcompetent institution of the other Contracting State whichis competent to receive similar applications, appeals or
declarations under the legislation of that other
Contracting State, that application for benefits, appeal or
declaration shall be deemed to be submitted on the samedate to the competent authority or competent institution of
the first Contracting State and shall be dealt with,according to the procedure and legislation of the firstContracting State.

2.
The competent authority or competent institution of aContracting State shall send the application for benefits,
appeal or any other declaration submitted in accordancewith paragraph 1 of this Article to the competent authority
or competent institution of the other Contracting State
without delay.
Article 23
Resolution of Disagreement
Any disagreement regarding the interpretation orapplication of this Agreement shall be resolved byconsultation between the Contracting States.
Article 24
Joint Committee
The Contracting States may establish a Joint Committee
composed of representatives of the competent authorities
and competent institutions of both Contracting States.
This Joint Committee shall be responsible for monitoring
the application of this Agreement. This Joint Committee
shall meet when necessary either in Japan or Brazil uponrequest by either Contracting State.
Article 25
Headings
The headings of Parts, Chapters and Articles of thisAgreement are inserted for convenience of reference onlyand shall not affect the interpretation of this Agreement.
PART V
TRANSITIONAL AND FINAL PROVISIONS
Article 26
Events and Decisions prior to the Entry into Force1.
This Agreement shall not establish any entitlement tobenefits for any period prior to its entry into force.
2.
In the implementation of this Agreement, periods ofcoverage completed before its entry into force as well asother legally relevant events occurring before its entry
into force shall also be taken into account.

3.
In applying paragraph 1 or 4 of Article 7, in the caseof a person who has been working in the territory of aContracting State prior to the entry into force of thisAgreement, the periods of detachment or self-employed
activity referred to in paragraph 1 or 4 of Article 7 shallbe considered to begin on the date of entry into force of
this Agreement.
4.
Decisions made before the entry into force of thisAgreement shall not affect any rights to be established byvirtue of this Agreement.
5.
The application of this Agreement shall not, for abeneficiary, result in any reduction in the amount ofbenefits to which entitlement was established before theentry into force of this Agreement.
6.
Subject to paragraph 1 of this Article, where anapplication for a benefit in accordance with provisions of
this Agreement is presented within two years after theentry into force of this Agreement, the corresponding
benefit shall be payable from the time when the necessary
conditions are met. If the application is made after two
years from the date of entry into force of this Agreement,
the effect of the application will be subject to thelegislation of the relevant Contracting State.
Article 27
Entry into ForceThis Agreement shall enter into force on the first dayof the third month following the month in which theContracting States shall have completed an exchange of
diplomatic notes informing each other that their respective
constitutional requirements necessary for the entry into
force of this Agreement have been fulfilled.
Article 28
Duration and Termination
1.
This Agreement shall remain in force for an indefinite
period. Either Contracting State may give to the other
Contracting State, through diplomatic channels, written
notice of termination of this Agreement. In that event,
this Agreement shall remain in force until the last day of
the twelfth month following the month in which thetermination was notified.
2.
If this Agreement is terminated in accordance withparagraph 1 of this Article, rights regarding entitlement
to and payment of benefits acquired under this Agreement
shall be retained.

In witness whereof, the undersigned, being duly
authorized by their respective Governments, have signed
this Agreement.
Done at Tokyo on July 29, 2010 in duplicate in theJapanese, Portuguese and English languages. In case of any
divergence of interpretation, the English text shallprevail.

For Japan:
岡田克也

For the Federative Republicof Brazil:
C．Gabas