AGREEMENT BETWEENTHE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE
ON THE RECIPROCAL LIBERALISATION,PROMOTION AND PROTECTION OF INVESTMENT

AGREEMENT BETWEENTHE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE
ON THE RECIPROCAL LIBERALISATION,PROMOTION AND PROTECTION OF INVESTMENT

The Government of Japan and the Government of the
Republic of Mozambique,Desiring to further promote investment in order tostrengthen the economic relationship between Japan and theRepublic of Mozambique (hereinafter referred to as “theContracting Parties”);
Intending to further create stable, equitable,favourable and transparent conditions for greater
investment by investors of one Contracting Party in the
Area of the other Contracting Party;
Recognising that agreement upon the treatment to beaccorded to such investment will stimulate the flow ofprivate capital and the economic relations between theContracting Parties;
Recognising the growing importance of the progressive
liberalisation of investment for stimulating initiative ofinvestors and for promoting prosperity in the Contracting
Parties;
Recognising that these objectives can be achieved
without relaxing health, safety and environmental measuresof general application;
Recognising the importance of the cooperative
relationship between labour and management in promoting
investment between the Contracting Parties; andHaving resolved to conclude an Agreement concerning
the reciprocal liberalisation, promotion and protection of
investment;
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement,(a)the term “investment” means every kind of asset
owned or controlled, directly or indirectly, by
an investor, including:

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(i)

an enterprise and a branch of an enterprise;(ii)

shares, stocks or other forms of equity
participation in an enterprise, including
rights derived therefrom;(iii)

bonds, debentures, loans and other forms ofdebt, including rights derived therefrom;(iv)

rights under contracts, including turnkey,
construction, management, production orrevenue-sharing contracts;(v)

claims to money and to any performance undercontract having a financial value;(vi)

intellectual property rights, including
copyrights and related rights, patent rights
and rights relating to utility models,trademarks, industrial designs, layoutdesigns of integrated circuits, newvarieties of plants, trade names,
indications of source or geographicalindications and undisclosed information;(vii)

rights conferred pursuant to laws andregulations or contracts such asconcessions, licences, authorisations andpermits, including those for the
exploration, prospect, exploitation andextraction of natural resources; and(viii)

any other tangible and intangible, movableand immovable property, and any related
property rights, such as leases, mortgages,
liens and pledges;

Investments include the amounts yielded byinvestments, in particular, profit, interest, capitalgains, dividends, royalties and fees. A change in the form
in which assets are invested does not affect theircharacter as an investment.
(b)

the term “investor of a Contracting Party” means:(i)a natural person having the nationality ofthat Contracting Party in accordance with
its applicable laws and regulations; or

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(ii)

an enterprise of that Contracting Party,

that seeks to make, is making or has madeinvestments in the Area of the other Contracting
Party;(c)an enterprise is:(i)“owned” by an investor if more than fifty(50) percent of the equity interest in it isowned by the investor; and(ii)“controlled” by an investor if the investor
has the power to name a majority of its
directors or otherwise to legally direct its
actions;(d)the term “enterprise of a Contracting Party”
means any legal person or any other entity duly
constituted or organised under the applicablelaws and regulations of that Contracting Party,
whether or not for profit, and whether private or
government owned or controlled, including any
corporation, trust, partnership, sole
proprietorship, joint venture, association,organisation or company;(e)the term “investment activities” means
establishment, acquisition, expansion, operation,
management, maintenance, use, enjoyment and saleor other disposal of investments;(f)the term “Area” means with respect to aContracting Party (i) the territory of thatContracting Party; and (ii) the exclusive
economic zone and the continental shelf withrespect to which that Contracting Party exercises
sovereign rights or jurisdiction in accordancewith international law;(g)

the term “existing” means being in effect on thedate of entry into force of this Agreement;(h)the term “freely usable currency” means freely
usable currency as defined under the Articles ofAgreement of the International Monetary Fund; and(i)the term “the WTO Agreement” means the Marrakesh
Agreement Establishing the World Trade
Organization, done at Marrakesh, April 15, 1994.

- 3 -Article 2
National Treatment
1.
Each Contracting Party shall in its Area accord toinvestors of the other Contracting Party and to theirinvestments treatment no less favourable than the treatment
it accords in like circumstances to its own investors andto their investments with respect to investment activities.
2.
Paragraph 1 shall not be construed to prevent aContracting Party from adopting or maintaining a measurethat prescribes special formalities in connection withinvestment activities of investors of the other Contracting
Party in its Area, provided that such special formalities
do not impair the substance of the rights of such investors
under this Agreement.
Article 3
Most-Favoured-Nation Treatment
Each Contracting Party shall in its Area accord toinvestors of the other Contracting Party and to theirinvestments treatment no less favourable than the treatment
it accords in like circumstances to investors of a nonContracting Party and to their investments with respect toinvestment activities.
Article 4
General Treatment
1.
Each Contracting Party shall in its Area accord toinvestments of investors of the other Contracting Party
treatment in accordance with international law, including
fair and equitable treatment and full protection andsecurity.
2.
Each Contracting Party shall observe any obligation it
may have entered into with regard to investments andinvestment activities of investors of the other Contracting
Party.
Article 5
Access to the Courts of Justice
Each Contracting Party shall in its Area accord toinvestors of the other Contracting Party treatment no lessfavourable than the treatment which it accords in likecircumstances to its own investors or investors of a nonContracting Party with respect to access to the courts ofjustice and administrative tribunals and agencies in all
degrees of jurisdiction, both in pursuit and in defence ofsuch investors’ rights.

- 4 -Article 6
Prohibition of Performance Requirements
1.
Neither Contracting Party may impose or enforce any of
the following requirements, or enforce any commitment or
undertaking, in connection with investment activities of aninvestor of a Contracting Party or of a non-Contracting
Party in its Area:(a)to export a given level or percentage of goods orservices;(b)to achieve a given level or percentage ofdomestic content;(c)to purchase, use or accord a preference to goods
produced or services provided in its Area, or topurchase goods or services from natural or legal
persons or any other entity in its Area;(d)to relate in any way the volume or value ofimports to the volume or value of exports or to
the amount of foreign exchange inflows associatedwith investments of the investor;(e)

to restrict sales of goods or services in its
Area that investments of the investor produce orprovide by relating such sales in any way to thevolume or value of its exports or foreignexchange earnings;(f)to restrict the exportation or sale for export;(g)

to appoint, as executives, managers or members ofboards of directors, individuals of any
particular nationality;(h)to transfer technology, a production process orother proprietary knowledge to a natural or legal
person or any other entity in its Area;

Note: The requirement prohibited under thissubparagraph, irrespective of its objectives or
effects, shall be deemed to include any
requirement, either explicit or implicit, by aContracting Party, regardless of whether or nottransfer of technology, a production process orother proprietary knowledge is imposed orenforced by that Contracting Party, that theinvestor offer or accept the following:(i)a rate or amount of royalty under alicence contract below a certain level; or

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(ii)

a given range of period as the term of alicence contract,

in regard to any licence contract freely
entered into between the investor and a naturalor legal person or any other entity in its
Area. A “licence contract” referred to in thisnote means any licence contract concerningtransfer of technology, a production process,or other proprietary knowledge. For the
avoidance of doubt, a “licence contract” does
not include licences for the exploration,
prospect, exploitation and extraction ofnatural resources referred to in subparagraph(a)(vii) of Article 1.
(i)to locate the headquarters of the investor for a
specific region or the world market in its Area;(j)to achieve a given level or value of research anddevelopment in its Area; or(k)to supply one or more of the goods that theinvestor produces or the services that theinvestor provides to a specific region or theworld market, exclusively from its Area.

2.
Neither Contracting Party may condition the receipt orcontinued receipt of an advantage, in connection withinvestment activities of an investor of a Contracting Partyor of a non-Contracting Party in its Area, on compliancewith any of the following requirements:(a)to achieve a given level or percentage ofdomestic content;(b)

to purchase, use or accord a preference to goods
produced or services provided in its Area, or topurchase goods or services from natural or legal
persons or any other entity in its Area;(c)to relate in any way the volume or value ofimports to the volume or value of exports or to
the amount of foreign exchange inflows associatedwith investments of the investor;(d)to restrict sales of goods or services in its
Area that investments of the investor produce orprovide by relating such sales in any way to thevolume or value of its exports or foreignexchange earnings; or(e)to restrict the exportation or sale for export.

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3.

(a)

Nothing in paragraph 2 shall be construed toprevent a Contracting Party from conditioning thereceipt or continued receipt of an advantage, inconnection with investment activities of aninvestor of a Contracting Party or of a nonContracting Party in its Area, on compliance witha requirement to locate production, supply aservice, train or employ workers, construct orexpand particular facilities, or carry out
research and development, in its Area.

(b)

Subparagraph 1(h) shall not apply when:

(c)

(i)

the requirement is imposed or the commitment
or undertaking is enforced by a court,
administrative tribunal or competition
authority to remedy an alleged violation ofcompetition laws; or(ii)

the requirement concerns the transfer ofintellectual property rights which isundertaken in a manner not inconsistent with
the Agreement on Trade-Related Aspects ofIntellectual Property Rights in Annex 1C to
the WTO Agreement (hereinafter referred toas “the TRIPS Agreement”).

Subparagraphs 2(a) and 2(b) shall not apply torequirements imposed by an importing Contracting
Party relating to the content of goods necessary
to qualify for preferential tariffs orpreferential quotas.

4.
Paragraphs 1 and 2 shall not apply to any requirement
other than the requirements set out in those paragraphs.
Article 7
Non-Conforming Measures
1.

Articles 2, 3 and 6 shall not apply to:(a)any existing non-conforming measure that ismaintained by the following, as set out in the
Schedule of each Contracting Party in Annex I:(i)the central government of a Contracting
Party; or(ii)a prefecture of Japan or a province or amunicipality of the Republic of Mozambique;

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(b)

any existing non-conforming measure that ismaintained by a local government other than aprefecture and a province and a municipality
referred to in subparagraph (a)(ii);(c)

the continuation or prompt renewal of any nonconforming measure referred to in subparagraphs(a) and (b); or(d)an amendment or modification to any nonconforming measure referred to in subparagraphs(a) and (b), provided that the amendment or
modification does not decrease the conformity ofthe measure as it existed immediately before theamendment or modification with Articles 2, 3 and6.

2.
Articles 2, 3 and 6 shall not apply to any measurethat a Contracting Party adopts or maintains with respect
to sectors, sub-sectors or activities set out in its
Schedule in Annex II.
3.
Neither Contracting Party shall, under any measure
adopted after the date of entry into force of thisAgreement and covered by its Schedule in Annex II, require
an investor of the other Contracting Party, by reason of
its nationality, to sell or otherwise dispose of aninvestment that exists at the time when the measure becomes
effective.
4.
In cases where a Contracting Party makes an amendment
or a modification to any existing non-conforming measure
set out in its Schedule in Annex I or where a Contracting
Party adopts any new or more restrictive measure withrespect to sectors, sub-sectors, or activities set out in
its Schedule in Annex II after the date of entry into forceof this Agreement, the Contracting Party shall, prior to
the implementation of the amendment or modification or the
new or more restrictive measure, or in exceptional
circumstances, as soon as possible thereafter:(a)notify the other Contracting Party of detailed
information on such amendment or modification, or
such measure; and(b)hold, upon request by the other Contracting
Party, consultations in good faith with the other
Contracting Party with a view to achieving mutual
satisfaction.

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5.
Each Contracting Party shall endeavour, whereappropriate, to reduce or eliminate the non-conforming
measures specified in its Schedules in Annexes I and II
respectively.
6.
Articles 2, 3 and 6 shall not apply to any measure
covered by the exceptions to, or derogations from,obligations under Articles 3 and 4 of the TRIPS Agreement,as specifically provided in Articles 3 through 5 of the
TRIPS Agreement.
7.
Articles 2, 3 and 6 shall not apply to any measurethat a Contracting Party adopts or maintains with respect
to government procurement.
Article 8
Transparency
1.
Each Contracting Party shall promptly publish, orotherwise make publicly available, its laws, regulations,administrative procedures and administrative rulings andjudicial decisions of general application as well asinternational agreements which pertain to or affect theimplementation and operation of this Agreement.
2.
Each Contracting Party shall make publicly available
the names and addresses of the competent authorities
responsible for laws, regulations, administrative
procedures and administrative rulings of generalapplication, referred to in paragraph 1.
3.
Each Contracting Party shall, upon request by theother Contracting Party, promptly respond to specificquestions and provide that other Contracting Party withinformation on matters set out in paragraph 1, includingthat relating to a contract each Contracting Party enters
into with regard to investment.
4.
Paragraphs 1 and 3 shall not be construed so as tooblige either Contracting Party to disclose confidential
information, the disclosure of which would impede law
enforcement or otherwise be contrary to the public
interest, or which would prejudice privacy or legitimate
commercial interests.

- 9 -Article 9
Public Comment Procedures
Each Contracting Party shall, in accordance with its
applicable laws and regulations, endeavour to provide,except in cases of emergency or of purely minor nature, areasonable opportunity for comments by the public before
the adoption, amendment or repeal of regulations of generalapplication that affect any matter covered by thisAgreement.
Article 10
Measures against Corruption
Each Contracting Party shall ensure that measures andefforts are undertaken to prevent and combat corruption
regarding matters covered by this Agreement in accordancewith its applicable laws and regulations.
Article 11
Entry, Sojourn and Residence of Investors
Each Contracting Party shall, subject to its
applicable laws and regulations relating to the entry,
sojourn and residence, permit a natural person having thenationality of the other Contracting Party and a personnel
employed by, and an executive, a manager and members of theboard of directors of, an enterprise of the other
Contracting Party to enter the territory of the former
Contracting Party and remain therein for the purpose ofinvestment activities.
Article 12
Expropriation and Compensation
1.
Neither Contracting Party shall expropriate or
nationalise investments in its Area of investors of theother Contracting Party or take any measure equivalent to
expropriation or nationalisation (hereinafter referred toas “expropriation”) except:(a)for a public purpose;(b)in a non-discriminatory manner;(c)upon payment of prompt, adequate and effective
compensation pursuant to paragraphs 2, 3 and 4;
and

(d)

in accordance with due process of law and Article4.

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2.
The compensation shall be equivalent to the fairmarket value of the expropriated investments at the time
when the expropriation was publicly announced or when the
expropriation occurred, whichever is the earlier. The fairmarket value shall not reflect any change in value
occurring because the expropriation had become publicly
known earlier.
3.
The compensation shall be paid without delay and shall
include interest at a commercially reasonable rate, taking
into account the length of time until the time of payment.
It shall be effectively realisable and freely transferrable
and shall be freely convertible into the currency of theContracting Party of the investors concerned, and into
freely usable currencies, at the market exchange rate
prevailing on the date of expropriation.
4.
Without prejudice to the provisions of Article 17, theinvestors affected by expropriation shall have a right ofaccess to the courts of justice or administrative tribunals
or agencies of the Contracting Party making the
expropriation to seek a prompt review of the investors’
case and the amount of compensation in accordance with theprinciples set out in this Article.
Article 13
Protection from Strife
1.
Each Contracting Party shall accord to investors of
the other Contracting Party that have suffered loss ordamage relating to their investments in the Area of theformer Contracting Party due to armed conflict or a stateof emergency such as revolution, insurrection, civil
disturbance or any other similar event in the Area of thatformer Contracting Party, treatment, as regards
restitution, indemnification, compensation or any othersettlement, that is no less favourable than that which it
accords to its own investors or to investors of a nonContracting Party, whichever is more favourable to theinvestors of the other Contracting Party.
2.
Any payment as a means of settlement referred to inparagraph 1 shall be effectively realisable, freelytransferrable, and freely convertible at the market
exchange rate into the currency of the Contracting Party of
the investors concerned and freely usable currencies.

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Article 14
Subrogation
If a Contracting Party or its designated agency makes
a payment to any investor of that Contracting Party under
an indemnity, guarantee, or insurance contract, pertaining
to an investment of such investor in the Area of the other
Contracting Party, the latter Contracting Party shallrecognise the assignment to the former Contracting Party or
its designated agency of any right or claim of suchinvestor on account of which such payment is made and shallrecognise the right of the former Contracting Party or its
designated agency to exercise by virtue of subrogation any
such right or claim to the same extent as the originalright or claim of the investor. As regards payment to bemade to that former Contracting Party or its designatedagency by virtue of such assignment of right or claim andthe transfer of such payment, the provisions of Articles
12, 13 and 15 shall apply mutatis mutandis.
Article 15
Transfers
1.
Each Contracting Party shall ensure that all transfers
relating to investments in its Area of an investor of theother Contracting Party may be freely made into and out of
its Area without delay. Such transfers shall include, inparticular, though not exclusively:(a)the initial capital and additional amounts tomaintain or increase investments;(b)

profits, interest, capital gains, dividends,
royalties, fees and other current incomes
accruing from investments;(c)payments made under a contract including loan
payments in connection with investments;(d)proceeds of the total or partial sale or
liquidation of investments;(e)earnings and remuneration of personnel from theother Contracting Party engaged in activities inconnection with investments in the Area of theformer Contracting Party;(f)payments made in accordance with Articles 12 and13; and(g)payments arising out of the settlement of adispute under Article 17.

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2.
Each Contracting Party shall further ensure that suchtransfers may be made without delay in freely usable
currencies at the market exchange rate prevailing on thedate of the transfer.
3.
Notwithstanding paragraphs 1 and 2, a Contracting
Party may delay or prevent a transfer through theequitable, non-discriminatory and good-faith application ofits laws and regulations relating to:(a)bankruptcy, insolvency or the protection of therights of creditors;(b)issuing, trading or dealing in securities;(c)criminal or penal offences; or(d)ensuring compliance with orders or judgements in
adjudicatory proceedings.

Article 16
Settlement of Dispute between the Contracting Parties
1.
Each Contracting Party shall accord sympathetic
consideration to, and shall afford adequate opportunity for
consultation regarding, such representations as the other
Contracting Party may make with respect to any matter
affecting the implementation of this Agreement.
2.
Any dispute between the Contracting Parties as to theinterpretation and application of this Agreement, notsatisfactorily adjusted by diplomacy, shall be referred for
decision to an arbitration board. Such arbitration board
shall be composed of three arbitrators, with eachContracting Party appointing one arbitrator within a periodof thirty days from the date of receipt by either
Contracting Party from the other Contracting Party of anote requesting arbitration of the dispute, and the third
arbitrator to be agreed upon as President by the two
arbitrators so chosen within a further period of thirtydays, provided that the third arbitrator shall not be anational of either Contracting Party.
3.
If the third arbitrator is not agreed upon between thearbitrators appointed by each Contracting Party within thefurther period of thirty days referred to in paragraph 2,
the Contracting Parties shall request the President of theInternational Court of Justice to appoint the third
arbitrator who shall not be a national of either
Contracting Party.

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4.
Unless otherwise agreed by the Contracting Parties,
all submissions of documents shall be made and all hearings
shall be completed within a period of six months from thedate of selection of the third arbitrator, and thearbitration board shall reach its decision by a majority of
votes within two months from the date of the final
submissions of documents or the date of the closing of thehearings, whichever is later. Such decision shall be final
and binding.
5.
Each Contracting Party shall bear the cost of thearbitrator of its choice and its representation in thearbitral proceedings. The cost of the President of thearbitration board in discharging his or her duties and theremaining costs of the arbitration board shall be borne
equally by the Contracting Parties.
Article 17
Settlement of Investment Disputes
between a Contracting Party and an Investorof the Other Contracting Party
1.
For the purposes of this Article, “investment dispute”
is a dispute between a Contracting Party and an investor of
the other Contracting Party that has incurred loss ordamage by reason of, or arising out of, an alleged breachof any obligation of the former Contracting Party under
this Agreement with respect to the investor of that other
Contracting Party or its investments in the Area of theformer Contracting Party.
2.
Subject to subparagraph 7(b), nothing in this Article
shall be construed so as to prevent an investor who is aparty to an investment dispute (hereinafter referred to inthis Article as “disputing investor”) from seeking
administrative or judicial settlement within the Area of
the Contracting Party that is a party to the investment
dispute (hereinafter referred to in this Article as“disputing Party”).
3.
Any investment dispute shall, as far as possible, besettled amicably through consultations between thedisputing investor and the disputing Party (hereinafterreferred to in this Article as “the disputing parties”).
4.
If the investment dispute cannot be settled throughsuch consultations within three months from the date on
which the disputing investor requested in writing the
disputing Party for consultations, the disputing investor
may, subject to subparagraph 7(a), submit the investment
dispute to one of the following international arbitrations:- 14 -

(a)arbitration in accordance with the Convention on
the Settlement of Investment Disputes between
States and Nationals of Other States, done at
Washington, March 18, 1965 (hereinafter referred
to in this Article as “the ICSID Convention”), solong as the ICSID Convention is in force between
the Contracting Parties;(b)arbitration under the Additional Facility Rulesof the International Centre for Settlement of
Investment Disputes, provided that either
Contracting Party, but not both, is a party to
the ICSID Convention;(c)arbitration under the Arbitration Rules of theUnited Nations Commission on International Trade
Law; and(d)if agreed with the disputing Party, any
arbitration in accordance with other arbitration
rules.

5.
Each Contracting Party hereby consents to thesubmission of an investment dispute by a disputing investor
to arbitration set forth in paragraph 4 chosen by thedisputing investor.
6.
Notwithstanding paragraph 5, no investment disputes
may be submitted to arbitration set forth in paragraph 4,
if more than three years have elapsed since the date on
which the disputing investor acquired or should have firstacquired, whichever is the earlier, the knowledge that the
disputing investor had incurred loss or damage referred toin paragraph 1.
7.

(a)

In the event that an investment dispute has been
submitted to courts of justice, administrative
tribunals or agencies or any other binding
dispute settlement mechanism established under
the laws and regulations of the disputing Party,
any arbitration set forth in paragraph 4 can besought only if the disputing investor withdraws,
in accordance with the laws and regulations of
the disputing Party, its claim from such domestic
remedies before the final decisions are madetherein.

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(b)In the event that an investment dispute has been
submitted for resolution under one of thearbitrations set forth in paragraph 4, the sameinvestment dispute shall not be submitted for
resolution under courts of justice,administrative tribunals or agencies or any otherbinding dispute settlement mechanism establishedunder the laws and regulations of the disputing
Party.

8.
An arbitral tribunal established under paragraph 4
shall decide the issues in dispute in accordance with thisAgreement and applicable rules of international law.
9.
The disputing Party shall deliver to the other
Contracting Party:(a)written notice of the investment disputesubmitted to the arbitration no later than thirty(30) days after the date on which the investment
dispute was submitted; and(b)copies of all pleadings filed in the arbitration.

10. The Contracting Party which is not the disputing Party
may, upon written notice to the disputing parties, makesubmissions to the arbitral tribunal on a question ofinterpretation of this Agreement.
11.

The arbitral tribunal may award only:(a)a judgment whether or not there has been a breachby the disputing Party of any obligation under
this Agreement with respect to the disputing
investor and its investments; and(b)

one or both of the following remedies, only ifthere has been such a breach:(i)monetary damages and applicable interest;
and

(ii)

restitution of property, in which case theaward shall provide that the disputing Party
may pay monetary damages and any applicableinterest, in lieu of restitution.

The arbitral tribunal may also award cost andattorney’s fees in accordance with this Agreement andapplicable arbitration rules.

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12. The disputing Party may make available to the public
in a timely manner all documents, including an award,
submitted to, or issued by, an arbitral tribunal
established under paragraph 4, subject to redaction of:(a)confidential business information;(b)

information which is privileged or otherwise
protected from disclosure under the applicablelaws and regulations of either Contracting Party;
and

(c)

information which shall be withheld pursuant to
the relevant arbitration rules.

13. Unless the disputing parties agree otherwise, thearbitration shall be held in a country that is a party to
the United Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, done at New York,
June 10, 1958 (hereinafter referred to in this Article as“the New York Convention”).
14. The award rendered by the arbitral tribunal shall befinal and binding upon the disputing parties. This award
shall be executed in accordance with the applicable laws
and regulations as well as relevant international law
including the ICSID Convention and the New York Convention,
concerning the execution of award in force in the country
where such execution is sought.
Article 18
General and Security Exceptions
Subject to the requirement that such measures are notapplied by a Contracting Party in a manner which would
constitute a means of arbitrary or unjustifiable
discrimination against the other Contracting Party, or a
disguised restriction on investments of investors of theother Contracting Party in the Area of the former
Contracting Party, nothing in this Agreement other than
Article 13 shall be construed so as to prevent the former
Contracting Party from adopting or enforcing measures:(a)necessary to protect human, animal or plant lifeor health;(b)necessary to protect public morals or to maintainpublic order, provided that the public order
exception may only be invoked where a genuine andsufficiently serious threat is posed to one of
the fundamental interests of society;- 17 -

(c)necessary to secure compliance with the laws or
regulations which are not inconsistent with theprovisions of this Agreement including thoserelating to:(i)the prevention of deceptive and fraudulent
practices or to deal with the effects of a
default on contract;(ii)

the protection of the privacy of theindividual in relation to the processing anddissemination of personal data and theprotection of confidentiality of personal
records and accounts; or(iii)

safety;(d)

imposed for the protection of national treasuresof artistic, historic or archaeological value;(e)which it considers necessary for the protectionof its essential security interests:

(f)

(i)

taken in time of war, or armed conflict, orother emergency in that Contracting Party or
in international relations; or(ii)relating to the implementation of national
policies or international agreements
respecting the non-proliferation of weapons;orin pursuance of its obligations under the United
Nations Charter for the maintenance ofinternational peace and security.
Article 19
Temporary Safeguard Measures

1.
A Contracting Party may adopt or maintain measures notconforming with its obligations under Article 2 relating tocross-border capital transactions and Article 15:(a)in the event of serious balance-of-payments andexternal financial difficulties or threat
thereof; or- 18 -

(b)2.

in cases where, in exceptional circumstances,
movements of capital cause or threaten to cause
serious difficulties for macroeconomic
management, in particular, monetary and exchange
rate policies.

Measures referred to in paragraph 1:(a)shall be consistent with the Articles ofAgreement of the International Monetary Fund, solong as the Contracting Party taking the measures
is a party to the said Articles;(b)

shall not exceed those necessary to deal with thecircumstances set out in paragraph 1;(c)shall be temporary and shall be eliminated assoon as conditions permit;(d)shall be promptly notified to the other
Contracting Party; and(e)shall avoid unnecessary damages to thecommercial, economic and financial interests of
the other Contracting Party.

3.
Nothing in this Agreement shall be regarded asaltering the rights enjoyed and obligations undertaken by aContracting Party as a party to the Articles of Agreementof the International Monetary Fund.
Article 20
Prudential Measures
1.
Notwithstanding any other provisions of thisAgreement, a Contracting Party shall not be prevented fromtaking measures relating to financial services forprudential reasons, including measures for the protectionof investors, depositors, policy holders or persons to whoma fiduciary duty is owed by an enterprise supplying
financial services, or to ensure the integrity andstability of its financial system.
2.
Where the measures taken by a Contracting Party
pursuant to paragraph 1 do not conform with this agreement,
they shall not be used as a means of avoiding theobligations of the Contracting Party under this Agreement.

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Article 21
Intellectual Property Rights
1.
The Contracting Parties shall grant and ensure theadequate and effective protection of intellectual property
rights, and promote efficiency and transparency inintellectual property protection system. For this purpose,
the Contracting Parties shall promptly consult with eachother at the request of either Contracting Party.
Depending on the results of the consultation, eachContracting Party shall, in accordance with its applicablelaws and regulations, take appropriate measures to remove
the factors which are recognised as having adverse effects
to the investments of investors of the other Contracting
Party.
2.
Nothing in this Agreement shall affect the rights andobligations of the Contracting Parties under multilateralagreements in respect of protection of intellectual
property rights to which the Contracting Parties are
parties.
3.
Nothing in this Agreement shall be construed so as tooblige either Contracting Party to extend to investors of
the other Contracting Party and to their investments
treatment accorded to investors of a non-Contracting Party
and to their investments by virtue of multilateralagreements in respect of protection of intellectual
property rights, to which the former Contracting Party is aparty.
Article 22
Taxation Measures
1.
Nothing in this Agreement shall impose obligations
with respect to taxation measures, except that:(a)paragraph 2 of Article 4 shall apply to taxation
measures;(b)

Article 12 shall apply to the extent that
taxation measures involve expropriation asprovided for in paragraph 1 of Article 12; and(c)Articles 16 and 17 shall apply to disputes
regarding taxation measures to the extent coveredby subparagraphs (a) and (b).

2.
Nothing in this Agreement shall affect the rights andobligations of either Contracting Party under tax
convention. In the event of any inconsistency between thisAgreement and any such convention, that convention shallprevail to the extent of the inconsistency.

- 20 -

Article 23
Joint Committee
1.
The Contracting Parties shall establish a Joint
Committee (hereinafter referred to as “the Committee”) witha view to accomplishing the objectives of this Agreement.
The functions of the Committee shall be:(a)to discuss and review the implementation andoperation of this Agreement;(b)

to review the non-conforming measures maintained,
amended or modified pursuant to paragraph 1 of
Article 7 for the purpose of contributing to the
reduction or elimination of such non-conforming
measures;(c)to discuss the non-conforming measures adopted or
maintained pursuant to paragraph 2 of Article 7
for the purpose of encouraging favourable
conditions for investors of the Contracting
Parties;(d)to exchange information on and to discuss
investment-related matters within the scope of
this Agreement which relate to improvement ofinvestment environment; and(e)to discuss any other investment-related mattersconcerning this Agreement.

2.
The Committee may, as necessary, make appropriate
recommendations by consensus to the Contracting Parties forthe more effective functioning or the attainment of theobjectives of this Agreement.
3.
The Committee shall be composed of representatives of
the Contracting Parties. The Committee may, upon mutual
consent of the Contracting Parties, invite representativesof relevant entities other than the governments of theContracting Parties with the necessary expertise relevantto the issues to be discussed, and hold joint meetings withthe private sectors.
4.
The Committee shall determine its own rules ofprocedure to carry out its functions.
5.
The Committee may establish sub-committees anddelegate specific tasks to such sub-committees.
6.
The Committee shall meet upon the request of either
Contracting Party.

- 21 -

Article 24
Health, Safety and Environmental Measuresand Labour Standards
Each Contracting Party shall refrain from encouraging
investment by investors of the other Contracting Party orof a non-Contracting Party by relaxing its health, safety
or environmental measures, or by lowering its labour
standards. To this effect, each Contracting Party should
not waive or otherwise derogate from such measures orstandards as an encouragement for the establishment,
acquisition or expansion in its Area of investments byinvestors of the other Contracting Party or of a nonContracting Party.
Article 25
Denial of Benefits
1.
A Contracting Party may deny the benefits of thisAgreement to an investor of the other Contracting Party
that is an enterprise of the other Contracting Party and to
its investments if the enterprise is owned or controlled byan investor of a non-Contracting Party and the denying
Contracting Party:(a)does not maintain diplomatic relations with the
non-Contracting Party; or(b)adopts or maintains measures with respect to the
non-Contracting Party that prohibit transactions
with the enterprise or that would be violated or
circumvented if the benefits of this Agreement
were accorded to the enterprise or to its
investments.

2.
Subject to prior notification and consultation, aContracting Party may deny the benefits of this Agreement
to an investor of the other Contracting Party that is anenterprise of the other Contracting Party and to its
investments if the enterprise is owned or controlled by aninvestor of a non-Contracting Party and the enterprise has
no substantial business activities in the Area of the other
Contracting Party.
Article 26
Headings
The headings of the Articles of this Agreement are
inserted for convenience of reference only and shall notaffect the interpretation of this Agreement.

- 22 -

Article 27
Final Provisions
1.
This Agreement shall enter into force on the thirtieth
day after the date of exchange of diplomatic notes
informing each other that their respective legal procedures
necessary for the entry into force of this Agreement havebeen completed. It shall remain in force for a period often years after its entry into force and shall continue inforce unless terminated as provided in paragraph 3.
2.
This Agreement shall also apply to all investments ofinvestors of either Contracting Party acquired in the Areaof the other Contracting Party in accordance with theapplicable laws and regulations of the other Contracting
Party prior to the entry into force of this Agreement.
3.
A Contracting Party may, by giving one year’s advancenotice in writing to the other Contracting Party, terminate
this Agreement at the end of the initial ten year period orat any time thereafter.
4.
In respect of investments acquired prior to the dateof termination of this Agreement, the provisions of thisAgreement shall continue to be effective for a period often years from the date of termination of this Agreement.
5.
This Agreement shall not apply to claims arising outof events which occurred prior to its entry into force.
6.
The Annexes to this Agreement shall form an integral
part of this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly
authorised by their respective Governments, have signed
this Agreement.
DONE at Yokohama, on this first day of June, 2013, in
duplicate in the Japanese, Portuguese and English
languages, all texts being equally authentic. In case ofany divergence of interpretation, the English text shallprevail.

FOR THE GOVERNMENT OF JAPAN:

FOR THE GOVERNMENT OF
THE REPUBLIC OF MOZAMBIQUE:

岸田文雄

Aiuba C.

- 23 -

Annex I
Reservations for Measures referred toin paragraph 1 of Article 7
1.
The Schedule of a Contracting Party sets out, pursuant
to paragraph 1 of Article 7, the reservations taken by thatContracting Party with respect to existing measures that do
not conform with obligations imposed by:

2.

(a)

Article 2 (National Treatment);(b)

Article 3 (Most-Favoured-Nation Treatment); or(c)

Article 6 (Prohibition of Performance
Requirements).

Each reservation sets out the following elements:(a)“Sector” refers to the general sector in which
the reservation is taken;(b)“Sub-Sector” refers to the specific sector inwhich the reservation is taken;(c)“Industry Classification” refers, whereapplicable, and only for transparency purposes,to the activity covered by the reservationaccording to domestic or international industry
classification codes;(d)“Type of Reservation” specifies the obligations
referred to in paragraph 1 for which thereservation is taken;(e)“Level of Government” indicates the level ofgovernment maintaining the measure for which thereservation is taken;(f)“Measures” identifies the existing laws,
regulations or other measures for which thereservation is taken. A measure cited in the“Measures” element:(i)means the measure as amended, continued, or
renewed as of the date of entry into forceof this Agreement; and(ii)

includes any subordinate measure adopted or
maintained under the authority of andconsistent with the measure; and- 24 -

(g)“Description” sets out, with regard to the
obligations referred to in paragraph 1, the nonconforming aspects of the existing measures forwhich the reservation is taken.

3.
In the interpretation of a reservation, all elementsof the reservation shall be considered. A reservation
shall be interpreted in the light of the relevant
provisions of this Agreement against which the reservation
is taken. The “Measures” element shall prevail over all
the other elements.
4.
For the purposes of this Annex, “JSIC” means Japan
Standard Industrial Classification set out by the Ministryof Internal Affairs and Communications, and revised on
November 6, 2007.

- 25 -

Schedule of Japan1

Sector:Agriculture, Forestry and Fisheries(Plant Breeder’s Right)

Sub-Sector:
Industry
Classification:

JSIC 0119

Miscellaneous crop
farming

JSIC 0243

Tree seed gathering andforest nursery services

JSIC 0413

Seaweed aquaculture

JSIC 0415

Seed aquaculture

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Seeds and Seedlings Law(Law No. 83 of 1998), Article 10

Description:

A foreign person who has neither adomicile nor residence (nor the placeof business, in the case of a legal
person) in Japan cannot enjoy a plant
breeder’s right or related rights
except in any of the following cases:

Most-Favoured-Nation Treatment(Article 3)(a)where the country of which theperson is a national or thecountry in which the person has
a domicile or residence (or its
place of business, in the caseof a legal person) is acontracting party to theInternational Convention for theProtection of New Varieties ofPlants of December 2, 1961, as
Revised at Geneva on November
10, 1972, on October 23, 1978,and on March 19, 1991;- 26 -

(b)where the country of which theperson is a national or thecountry in which the person has
a domicile or residence (or its
place of business, in the caseof a legal person) is acontracting party to theInternational Convention for theProtection of New Varieties ofPlants of December 2, 1961, as
Revised at Geneva on November
10, 1972, and on October 23,
1978(hereinafter referred to inthis Annex as “the 1978 UPOV
Convention”), or a country in
relation with which Japan shallapply the 1978 UPOV Conventionin accordance with paragraph (2)of Article 34 of the 1978 UPOV
Convention, and further provides
the protection for plant genus
and species to which theperson’s applied variety
belongs; or(c)where the country of which theperson is a national provides
Japanese nationals with theprotection of varieties under
the same condition as its own
nationals (including a country
which provides such protection
for Japanese nationals under thecondition that Japan allows
enjoyment of the plant breeder’sright or related rights for thenationals of that country), andfurther provides the protection
for plant genus and species towhich the person’s appliedvariety belongs.

- 27 -

2

Sector:Finance

Sub-Sector:

BankingIndustry
Classification:

JSIC 622

Banks, except central
bank

JSIC 631

Financial institutions
for small-businesses

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Deposit Insurance Law (Law No. 34 of
1971), Article 2

Description:

The deposit insurance system only
covers financial institutions whichhave their head offices within thejurisdiction of Japan. The deposit
insurance system does not coverdeposits taken by branches offoreign banks.

- 28 -

3

Sector:Heat Supply

Sub-Sector:
Industry
Classification:

JSIC 3511

Heat supply

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in heat supply
industry in Japan.

- 29 -

4

Sector:Information and Communications

Sub-Sector:

Telecommunications

Industry
Classification:

JSIC 3700

Head offices primarily
engaged in managerial
operations

JSIC 3711

Regional
telecommunications,
except wire broadcast
telephones

JSIC 3731

Services incidental totelecommunications

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Law Concerning Nippon Telegraph andTelephone Corporation (Law No. 85 of
1984), Articles 6 and 10

Description:

1.
Nippon Telegraph and Telephone
Corporation may not enter the nameand address in its register ofshareholders if the aggregate of theratio of the voting rights directly
and/or indirectly held by the
persons set forth in subparagraphs(a) through (c) reaches or exceeds
one third:

Prohibition of Performance
Requirements (Article 6)(a)a natural person who does nothave Japanese nationality;(b)a foreign government or its
representative; and(c)a foreign legal person or aforeign entity.

- 30 -

2.
Any natural person who does nothave Japanese nationality may notassume the office of director or
auditor of Nippon Telegraph andTelephone Corporation, Nippon
Telegraph and Telephone East
Corporation and Nippon Telegraphand Telephone West Corporation.

- 31 -

5

Sector:Information and Communications

Sub-Sector:

Telecommunications and Internet
Based Services

Industry
Classification:

JSIC 3711

Regional
telecommunications,
except wire broadcast
telephones

JSIC 3712

Long-distancetelecommunications

JSIC 3719

Miscellaneous fixed
telecommunications

JSIC 3721

Mobiletelecommunications

JSIC 401

Internet based services

Note:

The activities covered by thereservation under JSIC 3711,
3712, 3719, 3721 or 401 arelimited to the activities
which are subject to theregistration obligation
under Article 9 of theTelecommunications Business
Law (Law No. 86 of 1984).

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in telecommunications
business and internet based services
in Japan.

- 32 -

6

Sector:Manufacturing

Sub-Sector:

Drugs and Medicines Manufacturing

Industry
Classification:

JSIC 1653

Type of
Reservation:

National Treatment(Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), Article 27

Biological preparations

Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261 of
1980), Article 3
Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in biologicalpreparations manufacturing industry
in Japan. For greater certainty,“biological preparations
manufacturing industry” deals witheconomic activities in an
establishment which mainly produces
vaccine, serum, toxoid, antitoxin andsome preparations similar to theaforementioned products, or blood
products.

- 33 -

7

Sector:Manufacturing

Sub-Sector:

Leather and Leather Products
Manufacturing

Industry
Classification:

JSIC 1189

Textile apparel andaccessories, n.e.c.

JSIC 1694

Gelatine and adhesives

JSIC 192

Rubber and plastic
footwear and its
findings

JSIC 2011

Leather tanning andfinishing

JSIC 2021

Mechanical leather
products, except gloves
and mittens

JSIC 2031

Cut stock and findings
for boots and shoes

JSIC 2041

Leather footwear

JSIC 2051

Leather gloves andmittens

JSIC 2061

Baggage

JSIC 207

Handbags and smallleather cases

JSIC 2081

Fur skins

JSIC 2099

Miscellaneous leather
products

JSIC 3253

Sporting and athletic
goods

Note 1:

The activities covered by thereservation under JSIC 1189
or 3253 are limited to theactivities related to leather
and leather products
manufacturing.

- 34 -

Note 2:

The activities covered by thereservation under JSIC 1694
are limited to the activities
related to animal glue(nikawa) and gelatine
manufacturing.

Type of
Reservation:

National Treatment(Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261 of
1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in leather and leather
products manufacturing industry inJapan.

- 35 -

8

Sector:Matters Related to the Nationalityof a Ship

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Ship Law (Law No. 46 of 1899),
Article 1

Description:

The Japanese nationality shall begiven to a ship whose owner is aJapanese national, or a company
established under Japanese laws andregulations, of which all the
representatives and not less than
two-thirds of the executives
administering the affairs are
Japanese nationals.

Prohibition of Performance
Requirements (Article 6)- 36 -

9

Sector:MiningSub-Sector:
Industry
Classification:

JSIC 05

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Mining Law (Law No. 289 of 1950),
Chapters 2 and 3

Description:

Only a Japanese national or aJapanese legal person may havemining rights or mining leaserights.

- 37 -

Mining and quarrying ofstone and gravel

10

Sector:Oil Industry

Sub-Sector:
Industry
Classification:

JSIC 053

Crude petroleum andnatural gas production

JSIC 1711

Petroleum refining

JSIC 1721

Lubricating oils andgreases (not made inpetroleum refineries)

JSIC 1741

Paving materials

JSIC 1799

Miscellaneous petroleum
and coal products

JSIC 4711

Ordinary warehousing

JSIC 4721

Refrigerated
warehousing

JSIC 5331

Petroleum

JSIC 6051

Petrol stations(gasoline service
stations)

JSIC 6052

Fuel stores, except
gasoline service
stations

JSIC 9299

Miscellaneous businessservices, n.e.c.

Note 1: The activities covered by
the reservation under JSIC
1741, 1799, 4711, 4721 or
6052 are limited to theactivities related to oil
industry.
Note 2: The activities covered by
the reservation under JSIC
9299 are limited to theactivities related toliquefied petroleum gas
industry.
Type of
Reservation:

National Treatment (Article 2)- 38 -

Level of
Government:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in oil industry inJapan. All organic chemicals suchas ethylene, ethylene glycol andpolycarbonates are outside the scopeof the oil industry. Therefore,prior notification under the Foreign
Exchange and Foreign Trade Law is
not required for the investments inthe manufacture of these products.

- 39 -

11

Sector:Agriculture, Forestry and Fisheries,
and Related Services (except
Fisheries within the TerritorialSea, Internal Waters, Exclusive
Economic Zone and Continental Shelf
provided for in the reservation
No. 7 in the Schedule of Japan in
Annex II)Sub-Sector:
Industry
Classification:

JSIC 01

Agriculture

JSIC 02

Forestry

JSIC 03

Fisheries, except
aquaculture

JSIC 04

Aquaculture

JSIC 6324

Agricultural
cooperatives

JSIC 6325

Fishery and fisheryprocessing cooperatives

JSIC 871

Agriculture, forestry
and fisheries
cooperative
associations, n.e.c.

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3- 40 -

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in agriculture, forestry
and fisheries, and related services(except fisheries within the
territorial sea, internal waters,
exclusive economic zone andcontinental shelf provided for in
the reservation No. 7 in the
Schedule of Japan in Annex II) in
Japan.

- 41 -

12

Sector:

Security Guard Services

Sub-Sector:
Industry
Classification:

JSIC 9231

Guard services

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261 of
1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in security guard
services in Japan.

- 42 -

13

Sector:Transport

Sub-Sector:

Air Transport

Industry
Classification:

JSIC 4600

Head offices primarily
engaged in managerial
operations

JSIC 4611

Air transport

Type of
Reservation:

National Treatment (Article 2)
Most-Favoured-Nation Treatment(Article 3)
Prohibition of Performance
Requirements (Article 6)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261 of
1980), Article 3
Civil Aeronautics Law (Law No. 231
of 1952), Chapters 7 and 8

Description:

1.
The prior notification
requirement under the Foreign
Exchange and Foreign Trade Law
applies to foreign investors who
intend to make investments in airtransport business in Japan.
2.
Permission of the Minister ofLand, Infrastructure, Transport andTourism for conducting air transportbusiness as a Japanese air carrier
is not granted to the following
natural persons or entities applying
for the permission:(a)a natural person who does nothave Japanese nationality;(b)a foreign country, or aforeign public entity or its
equivalent;- 43 -

(c)a legal person or other entity
constituted under the laws of
any foreign country; and(d)a legal person represented by
the natural persons or entities
referred to in subparagraph(a), (b) or (c); a legal personof which more than one-third of
the members of the board of
directors are composed of thenatural persons or entities
referred to in subparagraph(a), (b) or (c); or a legal
person of which more than onethird of the voting rights areheld by the natural persons or
entities referred to in
subparagraph (a), (b) or (c).

In the event an air carrier falls
into a natural person or an entity
referred to in subparagraphs (a)through (d), the permission willlose its effect. The conditions forthe permission also apply tocompanies, such as holding
companies, which have substantial
control over the air carriers.
3.
A Japanese air carrier or thecompany having substantial control
over such air carrier, such as aholding company, may reject therequest from a natural person or anentity set forth in subparagraphs2(a) through (c), who owns equity
investments in such air carrier orcompany, to enter its name andaddress in the register ofshareholders, in the event such air
carrier or company falls into alegal person referred to in
subparagraph 2(d) by accepting such
request.
4.
Foreign air carriers are
required to obtain permission of the
Minister of Land, Infrastructure,
Transport and Tourism to conduct
international air transportbusiness.

- 44 -

5.
Permission of the Minister ofLand, Infrastructure, Transport andTourism is required for the use offoreign aircraft for airtransportation of passengers or
cargoes to and from Japan for
remuneration.
6.
A foreign aircraft may not be
used for a flight between points
within Japan.

- 45 -

14

Sector:Transport

Sub-Sector:

Air Transport

Industry
Classification:

JSIC 4600

Head offices primarily
engaged in managerial
operations

JSIC 4621

Aircraft service,
except air transport

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), Article 27

Prohibition of Performance
Requirements (Article 6)

Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3
Civil Aeronautics Law (Law No. 231 of
1952), Chapters 7 and 8
Description:

1.
The prior notification
requirement under the Foreign
Exchange and Foreign Trade Law
applies to foreign investors who
intend to make investments in aerial
work business in Japan.
2.
Permission of the Minister ofLand, Infrastructure, Transport andTourism for conducting aerial workbusiness is not granted to thefollowing natural persons or entities
applying for the permission:(a)a natural person who does nothave Japanese nationality;(b)a foreign country, or a foreign
public entity or its equivalent;- 46 -

(c)a legal person or other entity
constituted under the laws of
any foreign country; and(d)a legal person represented by
the natural persons or entities
referred to in subparagraph (a),(b) or (c); a legal person ofwhich more than one-third of themembers of the board of
directors are composed of thenatural persons or entities
referred to in subparagraph (a),(b) or (c); or a legal person ofwhich more than one-third of thevoting rights are held by thenatural persons or entities
referred to in subparagraph (a),(b) or (c).

In the event a person conducting
aerial work business falls into anatural person or an entity referred
to in subparagraphs (a) through (d),the permission will lose its effect.
The conditions for the permission
also apply to companies, such as
holding companies, which havesubstantial control over the person
conducting aerial work business.
3.
A foreign aircraft may not be
used for a flight between points
within Japan.

- 47 -

15

Sector:Transport

Sub-Sector:

Air Transport (Registration of
Aircraft in the National Register)Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Civil Aeronautics Law (Law No. 231
of 1952), Chapter 2

Description:

1.
An aircraft owned by any of
the following natural persons or
entities may not be registered in
the national register:

Prohibition of Performance
Requirements (Article 6)(a)a natural person who does nothave Japanese nationality;(b)a foreign country, or aforeign public entity or its
equivalent;(c)a legal person or other entity
constituted under the laws of
any foreign country; and(d)a legal person represented by
the natural persons or entities
referred to in subparagraph(a), (b) or (c); a legal personof which more than one-third of
the members of the board of
directors are composed of thenatural persons or entities
referred to in subparagraph(a), (b) or (c); or a legal
person of which more than onethird of the voting rights areheld by the natural persons or
entities referred to in
subparagraph (a), (b) or (c).

2.
A foreign aircraft may not beregistered in the national register.

- 48 -

16

Sector:Transport

Sub-Sector:

Freight Forwarding Business(excluding freight forwarding
business using air transportation)

Industry
Classification:

JSIC 4441

Collect-and-deliver
freight transport

JSIC 4821

Deliver freighttransport, except
collect-and-deliver
freight transport

Type of
Reservation:

National Treatment (Article 2)
Most-Favoured-Nation Treatment(Article 3)
Prohibition of Performance
Requirements (Article 6)

Level ofGovernment:

Central Government

Measures:

Freight Forwarding Business Law(Law No. 82 of 1989), Chapters 2
through 4
Enforcement Regulation of Freight
Forwarding Business Law (Ministerial
Ordinance of the Ministry ofTransport No. 20 of 1990)

Description:

The following natural persons or
entities are required to beregistered with, or to obtain
permission or approval of, theMinister of Land, Infrastructure,
Transport and Tourism for conducting
freight forwarding business using
international shipping. Suchregistration shall be made, or suchpermission or approval shall be
granted, on the basis ofreciprocity:(a)a natural person who does nothave Japanese nationality;(b)a foreign country, or a foreign
public entity or its
equivalent;- 49 -

(c)a legal person or other entity
constituted under the laws of
any foreign country; and(d)a legal person represented by
the natural persons or entities
referred to in subparagraph(a), (b) or (c); a legal personof which more than one-third of
the members of the board of
directors are composed of thenatural persons or entities
referred to in subparagraph(a), (b) or (c); or a legal
person of which more than onethird of the voting rights areheld by the natural persons or
entities referred to in
subparagraph (a), (b) or (c).

- 50 -

17

Sector:Transport

Sub-Sector:

Freight Forwarding Business (onlyfreight forwarding business using
air transportation)

Industry
Classification:

JSIC 4441

Collect-and-deliver
freight transport

JSIC 4821

Deliver freighttransport, except
collect-and-deliver
freight transport

Type of
Reservation:

National Treatment (Article 2)
Most-Favoured-Nation Treatment(Article 3)
Prohibition of Performance
Requirements (Article 6)

Level ofGovernment:

Central Government

Measures:

Freight Forwarding Business Law(Law No. 82 of 1989), Chapters 2
through 4
Enforcement Regulation of Freight
Forwarding Business Law (Ministerial
Ordinance of the Ministry ofTransport No. 20 of 1990)

Description:

1.
The following natural persons
or entities may not conduct freight
forwarding business using airtransportation between points within
Japan:(a)a natural person who does nothave Japanese nationality;(b)a foreign country, or foreign
public entity or its
equivalent;(c)a legal person or other entity
constituted under the laws of
any foreign country; and- 51 -

(d)a legal person represented by
the natural persons or entities
referred to in subparagraph(a), (b) or (c); a legal personof which more than one-third of
the members of the board of
directors are composed of thenatural persons or entities
referred to in subparagraph(a), (b) or (c); or a legal
person of which more than onethird of the voting rights areheld by the natural persons or
entities referred to in
subparagraph (a), (b) or (c).

2.
The natural persons or entities
referred to in subparagraphs 1(a)through (d) are required to beregistered with, or to obtain
permission or approval of, theMinister of Land, Infrastructure,
Transport and Tourism for conducting
freight forwarding business using
international air transportation.
Such registration shall be made, orsuch permission or approval shall be
granted, on the basis ofreciprocity.

- 52 -

18

Sector:Transport

Sub-Sector:

Railway Transport

Industry
Classification:

JSIC 421

Railway transport

JSIC 4851

Railway facilities
services

Type of
Reservation:

National Treatment(Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in railway transportindustry in Japan. The manufactureof vehicles or parts and components
for the railway transport industry
is not included in railway transportindustry. Therefore, priornotification under the Foreign
Exchange and Foreign Trade Law is
not required for the investments inthe manufacture of these products.

- 53 -

19

Sector:Transport

Sub-Sector:

Road Passenger Transport

Industry
Classification:

JSIC 4311

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27

Common omnibus
operators

Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3
Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in omnibus industry inJapan. The manufacture of vehicles
or parts and components for omnibus
industry is not included in omnibus
industry. Therefore, priornotification under the Foreign
Exchange and Foreign Trade Law is
not required for the investments inthe manufacture of these products.

- 54 -

20

Sector:Transport

Sub-Sector:

Water Transport

Industry
Classification:

JSIC 452

Coastwise transport

JSIC 453

Inland water transport

JSIC 4542

Coastwise ship leasing

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in water transportindustry in Japan. For greatercertainty, “water transportindustry” refers to oceangoing/
seagoing transport, coastwisetransport (i.e. maritime transport
between ports within Japan), inland
water transport and ship leasing
industry. However, oceangoing/
seagoing transport industry and shipleasing industry excluding coastwise
ship leasing industry are exemptedfrom the prior notification
requirement.

- 55 -

21

Sector:Transport

Sub-Sector:

Water Transport

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Ship Law (Law No. 46 of 1899),
Article 3

Description:

Unless otherwise specified in thelaws and regulations of Japan, orinternational agreements to which
Japan is a party, ships not flying
the Japanese flag are prohibited fromentering Japanese ports which are notopen to foreign commerce and fromcarrying cargoes or passengers
between Japanese ports.

Most-Favoured-Nation Treatment(Article 3)- 56 -

22

Sector:

Water Supply and Waterworks

Sub-Sector:
Industry
Classification:

JSIC 3611

Water for end users,
except industrial users

Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3

Description:

The prior notification requirement
under the Foreign Exchange andForeign Trade Law applies to foreign
investors who intend to makeinvestments in water supply andwaterworks industry in Japan.

- 57 -

Schedule of the Republic of Mozambique1

Sector:Transport

Sub-Sector:

Commercial Maritime Transport

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:Decree nr 35/2007, of 14 August,
Articles 18 and 19

Description:

Only a Mozambican owner of a ship
registered and flying Mozambican
flag in accordance with Mozambican
laws and regulations may conduct
commercial maritime transport ofpassengers and cargo between
Mozambican ports or within a
Mozambican port with the ship.

- 58 -

2

Sector:Tourism

Sub-Sector:

Camping Sites

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:Decree nr 18/2007, of 7 August,
Article 27

Description:

A Private camping site can only be
exploited by a Mozambican citizen or
a company majority of whose capitalis held by Mozambican citizens.

- 59 -

3

Sector:Tourism

Sub-Sector:

GamblingIndustry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Law nr 1/2010, of 10 February,
Article 68

Description:

No less than 26% of the capital of agambling concession shall remain
held by Mozambican natural or legal
persons. No less than 26% of thecapital of such respective legal
person holding the capital of agambling concession shall remain
held by Mozambican natural or legal
persons.

- 60 -

4

Sector:Fisheries

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Law nr 3/90, of 26 September,
Article 34

Description:

1

Licence for a foreign fishingvessel is only granted to its
fishing activities beyond theterritorial sea of the Republicof Mozambique.

2

Licence for a foreign fishingvessel may be exceptionallygranted for fishing activities
within the territorial sea of
the Republic of Mozambique for(a) certain fishing activities
permitted under laws andregulations of the Republic ofMozambique or (b)experimentation andinvestigations.

3

Licence for a foreign fishingvessel is valid for maximum one(1) year.

4

The granting of a licence for a
foreign fishing vessel shall bereported to the maritime
authority and other authorities
deemed appropriate.

- 61 -

5

Sector:Land

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Law nr 19/97, of 1 October, Article
11

Description:

A foreign natural person may holdland use rights, provided that he or
she engages in an investment projectthat is duly approved in accordancewith Law nr 3/93, of 24 June and heor she has been resident in the
Republic of Mozambique for no lessthan five (5) years. A foreign
enterprise may not hold land use
rights.

- 62 -

6

Sector:MiningSub-Sector:

Mineral Resources

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:Decree nr 62/2006, of 26 December,
Articles 8 and 59

Description:

1

A mining title, which consistsof licence of recognition,
licence of prospection andresearch, mining concession andmining certificate, may only beheld by a Mozambican personwith juridical capacity
allowing him/her to undertake
operations permitted under thetitle.

2

A mining certificate, which isa mining title only for mining
exploration in a small scale,may only be granted to a
Mozambican natural person or alegal person established orregistered in the Republic ofMozambique.

- 63 -

7

Sector:MiningSub-Sector:

Oil

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Law nr 3/2001, of 21 February,
Article 9

Description:

Only a Mozambican legal person may
have a preferential right in the
granting of blocks.

- 64 -

8

Sector:Financial Service

Sub-Sector:

Insurance

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)
Most-Favoured-Nation Treatment(Article 3)

Level ofGovernment:

Central Government

Measures:Decree nr 30/2011, of 11 August,
Article 16

Description:

1

The authorisation for theestablishment in the Republicof Mozambique of a branch of aforeign insurer may be granted
if it conforms to the criteriaof opportunity and convenience,measured in the light of theeconomic, financial and market
interests of the Republic ofMozambique.

2

A foreign insurer may only beauthorised to operate in areas
and types of insurance forwhich the respective insurer isauthorised in the country where
its head office is registered.

3

It is a necessary condition for
the approval to be granted thatthe insurer has effectively
operated its activity in the
country where its head office
is registered for more than
five (5) years and isincorporated as a company inthe country.

- 65 -

9

Sector:Defence and Security

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:Decree nr 8/2007, of 30 April,
Article 25

Description:

Licences for use and possession of
firearms may only be issued toMozambican citizens.

- 66 -

10

Sector:Private Security Service

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)
Prohibition of Performance
Requirements (Article 6)

Level ofGovernment:

Central Government

Measures:Decree nr 9/2007, of 30 April,
Articles 5 and 6

Description:

1

Administrator, director or
manager of private security
company shall be a natural
person who satisfies thefollowing conditions that he or
she:
(a)

is a holder of Mozambican
nationality;(b)

is a resident at theheadquarter of thecompany;(c)has not been convicted ofa felony with final
judgment, either inMozambican courts orabroad; and(d)is not engaged in any
position of leadershipmanagement in the public
services.

- 67 -

2

A private security company inthe form of sole proprietorshipmay be only held by Mozambican
citizens. A foreign investor
can participate in a private
security company in the form ofbusiness corporation provided
that the majority of its
capital is owned by Mozambican
natural or legal persons.

- 68 -

11

Sector:Mass MediaSub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Level ofGovernment:

Central Government

Measures:

Law nr 18/91, of 10 August,
Article 6

Description:

Only Mozambican institutions andassociations, as well as Mozambican
citizens who are residents in the
Republic of Mozambique and in fullenjoyment of their civil andpolitical rights, may be owners ofjournalistic enterprises. No morethan twenty percent of share capitalof the journalistic enterprise may
be held by foreign investors. The
term “owners” means natural or legal
persons who own no less than eighty
percent of share capital of ajournalistic enterprise.

- 69 -

Annex II
Reservations for Measures referred toin paragraph 2 of Article 7
1.
The Schedule of a Contracting Party sets out, pursuant
to paragraph 2 of Article 7, the reservations taken by thatContracting Party with respect to specific sectors, subsectors or activities for which it may maintain existing,or adopt new or more restrictive, measures that do notconform with obligations imposed by:

2.

(a)

Article 2 (National Treatment);(b)

Article 3 (Most-Favoured-Nation Treatment); or(c)

Article 6 (Prohibition of Performance
Requirements).

Each reservation sets out the following elements:(a)“Sector” refers to the general sector in which
the reservation is taken;(b)“Sub-Sector” refers to the specific sector inwhich the reservation is taken;(c)“Industry Classification” refers, whereapplicable, and only for transparency purposes,to the activity covered by the reservationaccording to domestic or international industry
classification codes;(d)“Type of Reservation” specifies the obligations
referred to in paragraph 1 for which thereservation is taken;(e)“Description” sets out the scope of the sector,
sub-sector or activities covered by thereservation; and(f)“Existing Measures” identifies, for transparency
purposes, existing measures that apply to thesector, sub-sector or activities covered by thereservation.

3.
In the interpretation of a reservation, all elementsof the reservation shall be considered. The “Description”
element shall prevail over all the other elements.
4.
For the purposes of this Annex, “JSIC” means Japan
Standard Industrial Classification set out by the Ministryof Internal Affairs and Communications, and revised on
November 6, 2007.

- 70 -

Schedule of Japan1

Sector:All Sectors

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Description:

When transferring or disposing of
its equity interests in, or theassets of, a state enterprise or agovernmental entity, Japan reserves
the right to:

Prohibition of Performance
Requirements (Article 6)(a)prohibit or impose limitations
on the ownership of suchinterests or assets byinvestors of the Republic ofMozambique or theirinvestments;(b)

impose limitations on theability of investors of the
Republic of Mozambique or theirinvestments as owners of suchinterests or assets to control
any resulting enterprise; or(c)adopt or maintain any measure
relating to the nationality of
executives, managers or membersof the board of directors of
any resulting enterprise.

Existing
Measures:- 71 -

2

Sector:All Sectors

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Description:

In the event where the supply oftelegraph services, postal services
and betting and gambling services,manufacture of tobacco products,
manufacture of Bank of Japan notes,
minting and sale of coinage inJapan, which are restricted todesignated enterprises orgovernmental entities, areliberalised to those other than thedesignated enterprises orgovernmental entities, or in theevent where such designatedenterprises or governmental entities
no longer operate on a noncommercial basis, Japan reserves theright to adopt or maintain any
measure relating to those
activities.

Prohibition of Performance
Requirements (Article 6)

Existing
Measures:- 72 -

3

Sector:All Sectors

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Description:

National Treatment and MostFavoured-Nation Treatment may not be
accorded to investors of the
Republic of Mozambique and theirinvestments with respect tosubsidies.

Existing
Measures:Most-Favoured-Nation Treatment(Article 3)- 73 -

4

Sector:Aerospace Industry

Sub-Sector:

Aircraft Industry
Space Industry

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Description:

Japan reserves the right to adopt ormaintain any measure relating toinvestment in aircraft industry andspace industry.

Existing
Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Articles 27 and 30

Prohibition of Performance
Requirements (Article 6)

Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Articles 3 and 5- 74 -

5

Sector:Arms and Explosives Industry

Sub-Sector:

Arms Industry
Explosives Manufacturing Industry

Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Description:

Japan reserves the right to adopt
or maintain any measure relating toinvestment in arms industry andexplosives manufacturing industry.

Existing
Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Articles 27 and 30

Prohibition of Performance
Requirements (Article 6)

Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Articles 3 and 5- 75 -

6

Sector:EnergySub-Sector:

Electricity Utility Industry
Gas Utility Industry
Nuclear Energy Industry

Industry
Classification:
Type of
Reservation:

National Treatment(Article 2)

Description:

Japan reserves the right to adopt
or maintain any measure relating toinvestment in the energy industry
listed in the “Sub-Sector” element.

Existing
Measures:

Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), Articles
27 and 30

Prohibition of Performance
Requirements (Article 6)

Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Articles 3 and 5- 76 -

7

Sector:Fisheries

Sub-Sector:

Fisheries within the TerritorialSea, Internal Waters, Exclusive
Economic Zone and Continental Shelf

Industry
Classification:

JSIC 031

Marine fisheries

JSIC 032

Inland water fisheries

JSIC 041

Marine aquaculture

JSIC 042

Inland wateraquaculture

JSIC 8093

Recreational fishingguide businessType of
Reservation:

National Treatment (Article 2)
Most-Favoured-Nation Treatment(Article 3)
Prohibition of Performance
Requirements(Article 6)

Description:

Japan reserves the right to adopt ormaintain any measure relating toinvestment in fisheries in the
territorial sea, internal waters,
exclusive economic zone andcontinental shelf of Japan.
For the purposes of thisreservation, the term “fisheries”
means the work of taking andcultivation of aquatic resources,
including the following fisheries
related activities:(a)investigation of aquatic
resources without taking such
resources;(b)luring of aquatic resources;(c)preservation and processing offish catches;(d)transportation of fish catches
and fish products; and- 77 -

(e)Existing
Measures:provision of supplies to othervessels used for fisheries.

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27
Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3
Law for Regulation of Fishing
Operation by Foreign Nationals (Law
No. 60 of 1967), Articles 3, 4 and 6
Law concerning the Exercise ofSovereign Rights concerning
Fisheries in the Exclusive Economic
Zones (Law No. 76 of 1996), Articles
4, 5, 7, 8, 9, 10, 11, 12 and 14- 78 -

8

Sector:Information and Communications

Sub-Sector:

Broadcasting Industry

Industry
Classification:

JSIC 380

Establishments engaged
in administrative or
ancillary economic
activities

JSIC 381

Public broadcasting,
except cablecasting

JSIC 382

Private-sector
broadcasting, except
cablecasting

JSIC 383

CablecastingType of
Reservation:

National Treatment (Article 2)

Description:

Japan reserves the right to adopt
or maintain any measure relating toinvestment in broadcasting industry.

Existing
Measures:

Foreign Exchange and Foreign
Trade Law (Law No. 228 of 1949),
Article 27

Prohibition of Performance
Requirements (Article 6)

Cabinet Order on Foreign Direct
Investment (Cabinet Order No. 261
of 1980), Article 3
Radio Law (Law No. 131 of 1950),
Article 5
Broadcast Law (Law No. 132 of 1950),
Articles 93, 116, 125, 159 and 161- 79 -

9

Sector:Land Transaction

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)

Description:

With respect to the acquisition orlease of land properties in Japan,
prohibitions or restrictions may be
imposed by Cabinet Order on foreign
nationals or legal persons, where
Japanese nationals or legal persons
are placed under identical orsimilar prohibitions or restrictionsin the foreign country.

Existing
Measures:

Alien Land Law (Law No. 42 of 1925),
Article 1

Most-Favoured-Nation Treatment(Article 3)- 80 -

10

Sector:Public Law Enforcement andCorrectional Services and Social
Services

Sub-Sector:
Industry
Classification:
Type of
Reservation:

National Treatment (Article 2)
Most-Favoured-Nation Treatment(Article 3)
Prohibition of Performance
Requirements (Article 6)

Description:

Japan reserves the right to adopt ormaintain any measure relating toinvestment in public law enforcement
and correctional services, and insocial services such as income
security or insurance, social
security or insurance, social
welfare, primary and secondary
education, public training, healthand child care.

Existing
Measures:- 81 -