JAPANAGREEMENT BETWEENAND THE KINGDOM OF SWEDEN
ON SOCIAL SECURITY

AGREEMENT BETWEENJAPAN AND THE KINGDOM OF SWEDEN
ON SOCIAL SECURITY
The Government of Japan and the Government of theKingdom of Sweden (hereinafter referred to as “Sweden”),
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 Sweden, as thecontext requires;(b)

The term “national” means,
as regards Japan,
a Japanese national within the meaning of the law
on nationality of Japan,
as regards Sweden,a Swedish national within the meaning of the law
on nationality of Sweden;(c)

The term “legislation” means,
as regards Japan,
the laws and regulations of Japan concerning theJapanese pension systems specified in paragraph1(a) of Article 2,
as regards Sweden,
the laws and regulations of Sweden specified inparagraph 1(b) of Article 2;

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(d)

The term “competent authority” means,
as regards Japan,
any of the Governmental organizations competentfor the Japanese pension systems specified inparagraph 1(a) of Article 2,
as regards Sweden,
the Government of Sweden or any of theauthorities nominated by the Government;(e)

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(a) of Article 2,
as regards Sweden,
any of the authorities responsible for the
implementation of the legislation specified inparagraph 1(b) of Article 2;(f)

The term “period of coverage” means,
as regards Japan,
a period of contributions under the legislationof Japan and any other period taken into accountunder that legislation for establishingentitlement to benefits, however, a period whichshall be taken into account, for the purpose of
establishing entitlement to benefits under thatlegislation, pursuant to other agreements onsocial security comparable with this Agreement
shall not be included,
as regards Sweden,a period of contributions, insurance or residence
used to acquire the right to a benefit under thelegislation of Sweden;(g)

The term “benefit” means a pension or any othercash benefit 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.

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Article 2
Matters Covered
1.

This Agreement shall apply,(a)as regards Japan, to the following Japanesepension systems:(i)the National Pension (except the National
Pension Fund); and(ii)

the Employees’ Pension Insurance (except the
Employees’ Pension Fund);however, for the purpose of this Agreement, the National
Pension shall not include the Old Age Welfare Pension or
any other pensions which are granted on a transitional orcomplementary basis for the purpose of welfare and which
are payable wholly or mainly out of national budgetary
resources; and(b)as regards Sweden, to the legislation on:(i)sickness compensation and activity
compensation;(ii)

income-based old-age pensions and guarantee
pensions;(iii)

survivor’s pensions and surviving children’s
allowance; and(iv)

social security contributions as regards thelegislation referred to in (i) to (iii) of
this paragraph.

2.
This Agreement shall also apply to all amendments tothe legislations of both Contracting States insofar as they
do not modify substantially the scope of the systems
regulated or implemented by those prior to such amendments.
Article 3
Persons Covered
This Agreement shall apply to a person who is or has
been subject to the legislation of a Contracting State andother persons who derive rights from such person.

－3－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.
However, the foregoing shall not affect the provisions
on complementary periods for Japanese nationals on thebasis of ordinary residence outside the territory of Japan
under the legislation of Japan.
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.
However,(a)

as regards Japan,
the foregoing shall not affect the provisions of
the legislation of Japan which require a person
who is aged 60 or over but under 65 on the dateof the first medical examination or of the death
to reside ordinarily in the territory of Japanfor the acquisition of entitlement to the
Disability Basic Pension or the Survivors’ Basic
Pension.

(b)as regards Sweden,
the foregoing shall not apply to the following
benefits;(i)sickness compensation in the form ofguarantee compensation or activity
compensation in the form of guarantee
compensation; and(ii)

guarantee pensions and surviving children’s
allowance.

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2.
A benefit under the legislation of a Contracting State
which is payable to a person who is or has been subject tothe legislation of the other Contracting State, as well asother persons who derive rights from such person, shall be
paid when that person or those persons ordinarily reside in
the territory of a third state under the same conditions as
it would be paid to a national of the first Contracting
State who ordinarily resides in the territory of that thirdstate.
PART IIPROVISIONS CONCERNING
THE APPLICABLE LEGISLATION
Article 6
General Provision
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 covered under the legislation ofa Contracting State and employed in the territory of thatContracting State by an employer with a place of businessin that territory is sent by that employer, either fromthat territory or from a territory of a third state, towork for that employer in the territory of the other
Contracting State, the employee shall remain subject only
to the legislation of the first Contracting State as ifthat employee were working in the territory of the firstContracting State, provided that the period of suchdetachment is not expected to exceed five years. The
detachment referred to in this paragraph includes the cases
where a person who is sent by an employer in the territoryof one Contracting State to a related employer in the
territory of the other Contracting State.

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2.
Where a person who is covered under the legislation ofa Contracting State and who ordinarily works as a selfemployed person in the territory of that Contracting State,works temporarily as a self-employed person in the
territory of the other Contracting State, that person shallremain subject only to the legislation of the firstContracting State as if that person were working in the
territory of the first Contracting State, provided that theperiod of the self-employed activity in the territory of
the other Contracting State is not expected to exceed five
years.
Article 8
Employees on Board a Sea-Going Vesselor on an Aircraft
1.
A person who works as an employee on board a sea-goingvessel flying the flag of either Contracting State shall,with respect to that employment, be subject only to thelegislation of the Contracting State in whose territory theemployer is located.
2.
A person who works as an employee on an aircraft ininternational traffic shall, with respect to that
employment, be subject only to the legislation of theContracting State in whose territory the employer islocated.
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.

(a)Subject to paragraph 1 of this Article, where any
civil servant of Japan or any person treated assuch under the legislation of Japan is sent towork in the territory of Sweden, that person
shall, with respect to that employment, be
subject only to the legislation of Japan as ifthat person were working in the territory ofJapan.

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(b)Subject to paragraph 1 of this Article, where any
person who is engaged in government employment
for Sweden is sent to work as part of that
employment in the territory of Japan, that person
shall, with respect to that employment, be
subject only to the legislation of Sweden as ifthat person were working in the territory of
Sweden.
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 coming with the person who works
1.

(a)

The spouse or children under the age of 18 of aperson coming with the person who works in the
territory of Japan and who is subject to thelegislation of Sweden in accordance with Article
7, paragraph 2(b) of Article 9 or Article 10,
shall be subject to the legislation of Sweden
unless they are themselves employed or selfemployed in the territory of Japan.

(b)

While a person works in the territory of Japanand is subject to the legislation of Sweden inaccordance with Article 7, paragraph 2(b) of
Article 9 or Article 10, the spouse or children
coming with that person shall be exempted fromthe legislation of Japan concerning the Japanesepension system specified in paragraph 1(a)(i) of
Article 2, provided that the requirements
specified in the legislation of Japan concerning
the enforcement of the agreements on social
security are fulfilled. However, when those
spouse or children so request, the foregoingshall not apply.

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2.
The spouse or children coming with the person who
works in the territory of Sweden and who is subject to thelegislation of Japan in accordance with Article 7,paragraph 2(a) of Article 9 or Article 10, shall not be
subject to the legislation of Sweden unless they arethemselves employed or self-employed in the territory of
Sweden.
Article 12
Compulsory Coverage
Articles 6 to 8, paragraph 2 of Article 9 and Article
11 shall apply only to compulsory coverage under thelegislation of each Contracting State.
PART IIIPROVISIONS CONCERNING BENEFITS
Chapter 1
Common Provision
Article 13
Totalization
Where a person does not have sufficient periods ofcoverage to fulfill the requirement for entitlement tobenefits under the legislation of a Contracting State, thecompetent institution of that Contracting State shall take
into account, for the purpose of establishing entitlement
to those benefits, the periods of coverage completed under
the legislation of the other Contracting State insofar as
they do not coincide with the periods of coverage completed
under the legislation of the first Contracting State.
However, in taking into account the periods ofcoverage under the legislation of the other Contracting
State, the periods of coverage which are credited under thelegislation of that Contracting State solely on the basisof residence in the territory of that Contracting State
shall not be taken into account.
Chapter 2
Provisions concerning Japanese Benefits
Article 14
Special Provisions concerning Totalization
1.
Article 13 shall not apply to lump-sum payments under
the Japanese pension systems specified in paragraph 1(a) of
Article 2 on account of death or withdrawal.

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2.
In applying Article 13, the periods of coverage under
the legislation of Sweden shall be taken into account asperiods of coverage under the Employees’ Pension Insurance
and as corresponding periods of coverage under the National
Pension.
3.
In applying Article 13, the competent institutions ofJapan shall credit, in each calendar year, twelve months ofperiods of coverage for a period of coverage of a year
under the legislation of Sweden and certified as such by
the competent institution of Sweden. Periods of coverage
to be credited by the competent institutions of Japan shallnot include months that are already credited as periods ofcoverage under the legislation of Japan. The total numberof months of periods of coverage to be credited under theprovision of this paragraph and the months that are alreadycredited as periods of coverage under the legislation ofJapan shall not exceed twelve in a calendar year.
Article 15
Special Provisions concerning Disability Benefits
and Survivors’ Benefits
Where the legislation of Japan requires forentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1(a) of Article 2 on accountof death) that the date of the first medical examination orof death lies within specified periods of coverage, thisrequirement shall be deemed to be fulfilled for the purposeof establishing entitlement to those benefits if such adate lies within the periods of coverage under thelegislation of Sweden.
However, if entitlement to disability benefits orsurvivors’ benefits (except lump-sum payments under theJapanese pension systems specified in paragraph 1(a) of
Article 2 on account of death) under the National Pension
is established without applying this Article, this Article
shall not be applied for the purpose of establishingentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1(a) of Article 2 on accountof death) based on the same insured event under the
Employees’ Pension Insurance.

－9－Article 16
Calculation of the Amount of Benefits
1.
Where entitlement to a Japanese benefit is establishedby virtue of Article 13 or Article 15, the competentinstitution of Japan shall calculate the amount of that
benefit in accordance with the legislation of Japan,
subject to paragraphs 2 to 4 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 period of coverage, if the requirements
for receiving such benefits are fulfilled by virtue of
Article 13 or Article 15, the amount to be granted shall becalculated according to the proportion of the sum of theperiods of contribution and the premium-exempted periods
under the pension system from which such benefits will be
paid to the sum of those periods of contribution, thosepremium-exempted periods and the periods of coverage under
the legislation of Sweden.
3.
With regard to disability benefits and survivors’
benefits under the Employees’ Pension Insurance, insofar as
the amount of those benefits to be granted is calculated on
the basis of the specified period determined by thelegislation of Japan when the periods of coverage under the
Employees’ Pension Insurance are less than that specified
period, if the requirements for receiving such benefits are
fulfilled by virtue of Article 13 or Article 15, the amountto be granted shall be calculated according to the
proportion of the periods of coverage under the Employees’
Pension Insurance to the sum of the periods of coverage andthe periods of coverage under the legislation of Sweden.
However, when the sum of the periods of coverage exceedsthat specified period, that sum of the periods of coverage
shall be regarded as equal to that specified period.
4.
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 Employees’ Pension
Insurance equal or exceed the specified period determinedby the legislation of Japan, if the requirements forreceiving such benefits are fulfilled by virtue of Article
13, the amount to be granted shall be calculated according
to the proportion of the periods of coverage under the
Employees’ Pension Insurance to that specified period.

－10－Chapter 3
Provisions concerning Swedish Benefits
Article 17
Special Provisions concerning Totalization
1.
Article 13 shall not apply to the basic requirement of
three years of residence in Sweden for entitlement toguarantee pension, sickness compensation in the form ofguarantee compensation and activity compensation in theform of guarantee compensation.
2.
When establishing entitlement to sickness compensationor activity compensation, coverage under the legislation ofJapan shall be considered as coverage under the legislationof Sweden.
3.
In applying Article 13, the competent institution of
Sweden shall credit a period of coverage of a year for
twelve months of periods of coverage under the legislationof Japan and certified as such by the competentinstitutions of Japan. Periods of coverage to be creditedby the competent institution of Sweden shall not include
periods that are already credited as periods of coverage
under the legislation of Sweden.
4.
If a person is not eligible for a benefit under thelegislation of Sweden on the basis of the periods ofcoverage under the legislation of both Contracting States,
totalized as provided in Article 13, the eligibility ofthat person for that benefit shall be determined bytotalizing these periods and periods of coverage completed
under the legislation of a third state, with which Sweden
is bound by social security agreements or equivalentcoordination instruments on social security which provide
for the totalization of periods for that person.
Article 18
Calculation of the Amount of Benefits
1.
When calculating the amount of income-based pension in
the form of supplementary pension to be paid in accordancewith Article 13 or paragraph 4 of Article 17, only periodsof coverage completed under the legislation of Sweden shallbe taken into account.
2.
When calculating the amount of income-related sickness
compensation and income-related activity compensation, only
income earned during periods when the legislation of Sweden
was applicable shall be taken into account.

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PART IVMISCELLANEOUS PROVISIONS
Article 19
Administrative Collaboration
1.
The competent authorities of both Contracting Statesshall:(a)agree on the administrative measures necessary
for the implementation of this Agreement,
including the exchange of statistics;(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 20
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 21
Languages of Communication
1.
In the implementation of this Agreement, the competentauthorities and competent institutions of both Contracting
States may communicate directly in Japanese, Swedish or
English language with each other and with any concerned
person wherever the person may reside.

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2.
In the implementation of 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 Japanese, Swedish
or English language.
Article 22
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 an individual collected under thelegislation of that Contracting State insofar as that
information is necessary for the implementation of thisAgreement. Unless otherwise required by the laws andregulations 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, other information about the individual
than that 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 it is necessary forthe 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.
With regard to transmission in accordance withparagraphs 1 and 2 of this Article, personal data shall beprotected in accordance with the legislation and otherrelevant laws and regulations of each Contracting State
respectively and the following provisions:

－13－

(a)

the transmitting competent authorities orcompetent institutions shall ensure that personal
data to be transmitted are accurate and limited
to the extent necessary for the purpose oftransmission. If it becomes evident that
inaccurate data or data whose transmission isincompatible with the legislation and otherrelevant laws and regulations of the transmitting
State were transmitted, the transmittingcompetent authorities or competent institutions
shall immediately notify the receiving competentauthorities or competent institutions of thisfact. In this case the receiving competentauthorities or competent institutions shallcorrect or delete this data immediately;(b)both the transmitting and the receiving competentauthorities or competent institutions shalleffectively protect personal data against
unauthorized or illegal access, alteration, ordisclosure; and(c)on request of the person concerned:(i)the receiving competent authorities orcompetent institutions shall suspend the useof the data handled in a way that is
incompatible with the legislation and otherrelevant laws and regulations of thereceiving State or delete such data andshall immediately inform the transmittingcompetent authorities or competentinstitutions of that suspension or that
deletion; and(ii)

the transmitting competent authorities orcompetent institutions shall correct the
inaccurate data handled by the transmittingcompetent authorities or competentinstitutions, and shall immediately informthe receiving competent authorities orcompetent institutions of that correction.

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Article 23
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 24
Payment of Benefits
1.
Payments of benefits under this Agreement may be madein the currency of either Contracting State.
2.
In case provisions for restricting the exchange ofcurrencies or remittance are introduced by either
Contracting State, the Governments of both Contracting
States shall immediately consult on the measures necessary
to ensure the payments of benefits by that Contracting
State under this Agreement.
Article 25
Resolution of Disagreement
1.
Any disagreement regarding the interpretation orapplication of this Agreement shall be resolved byconsultation by competent institutions, the competentauthorities, or the relevant authorities of bothContracting States.
2.
If any disagreement cannot be resolved in accordancewith the provisions of paragraph 1 of this Article, it
shall be submitted, at the request of either Contracting
State, for decision to an arbitral tribunal which shall be
constituted for each individual case in the following
manner:

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(a)

each Contracting State shall appoint anarbitrator no later than sixty days after thedate when a Contracting State has notified theother Contracting State through diplomaticchannels of the request for arbitration. The two
arbitrators shall agree to appoint a third
arbitrator as chairman of the arbitral tribunal,
who shall not be a national of either Contracting
State, and who shall be appointed no later than
thirty days after the date when the Contracting
State which was the later to appoint its
arbitrator has notified the other Contracting
State of the appointment; and(b)

if either Contracting State fails to appoint anarbitrator, or if the arbitrators appointed by
the Contracting States do not agree upon achairman within the respective periods referred
to in subparagraph (a) of this paragraph, either
Contracting State may request the President of
the International Court of Justice to make thenecessary appointments. If the President of theInternational Court of Justice is a national of aContracting State or is prevented from making theappointments for any other reason, the VicePresident of the International Court of Justiceor, if the Vice-President is similarly prevented
from acting, the most senior judge of theInternational Court of Justice who is notprevented may be requested to make theappointments.

3.
The decision of the arbitral tribunal, which shall bebinding and final on both Contracting States, shall be bymajority vote.
4.

Unless the arbitral tribunal decides otherwise:(a)each Contracting State shall bear the cost for
its arbitrator, and of its representation before
the arbitral tribunal; and(b)the costs of the chairman and other expenses
shall be shared equally between both Contracting
States.

5.
The arbitral tribunal shall determine its own rules ofprocedure.

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Article 26
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 27
Transitional Provisions
1.
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.
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.
4.
In applying Article 7, in the case of a person who has
been working in the territory of a Contracting State andhas been covered under the legislation of the other
Contracting State until the entry into force of thisAgreement, the period of detachment or self-employed
activity referred to in Article 7 shall be considered to
begin on the date of entry into force of this Agreement.
5.
Decisions made before the entry into force of thisAgreement shall not affect any rights to be established byvirtue of this Agreement.
6.
Claims which were determined before the entry into
force of this Agreement shall, upon the request of theperson concerned, be re-examined in accordance with thisAgreement.
Article 28
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.

－17－Article 29
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 thereto by their respective Governments, havesigned this Agreement.
Done in duplicate at Stockholm on 11 April, 2019, in
the Japanese, Swedish and English languages, each text
being equally authentic. In case of any divergence ofinterpretation, the English text shall prevail.

For the Government of JapanFor the Government of Sweden
Annika Strandhäll

廣木重之－18－