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WT/TPR/G/1079 October 2002
(02-5354)

Trade Policy Review Body Original: English


TRADE POLICY REVIEWJAPANReport by the Government



Pursuant to the Agreement Establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), the policy statement by the Government of Japan is attached.

Note: This report is subject to restricted circulation and press embargo until the end of the meeting of the Trade Policy Review Body on Japan.


CONTENTS

Page
I. JAPAN'S TRADE POLICY 5
(1) CONSOLIDATION OF THE MULTILATERAL SYSTEM 5
(2) REGIONAL AND BILATERAL TRADE POLICY 5
II. TRADE AND ECONOMIC POLICY ENVIRONMENT 6
(1) JAPAN'S ECONOMIC ENVIRONMENT 6
(2) TREND IN FOREIGN TRADE 6
(3) TREND IN FOREIGN DIRECT INVESTMENT 7
III. TRADE POLICY DEVELOPMENT, 2000-2002 8
(1) RELATIONS WITH OTHER COUNTRIES AND REGIONAL INITIATIVES 8
(2) DOMESTIC POLICY DEVELOPMENT 11
IV. DOHA DEVELOPMENT AGENDA 16



I. JAPAN'S TRADE POLICY
(1) CONSOLIDATION OF THE MULTILATERAL SYSTEM
1. For over 45 years, since its accession to the GATT in 1955, the Government of Japan has been committed to maintaining and strengthening the free and non-discriminatory multilateral trading system through the framework of the GATT/WTO.
2. From this standpoint, Japan has actively participated in the series of multilateral trade negotiations, in particular, the Kennedy Round, the Tokyo Round and the Uruguay Round. Japan has always been an advocate for expanding multilateral rules to cover a wide sphere of world trade, and has thus succeeded in contributing to the welfare of the world. From its experiences, Japan can confirm the importance of a rule-oriented world trade, upon which it and many other countries can rely. Despite the unfortunate failure of the Seattle Ministerial Conference in 1999, Japan took various initiatives, in co-operation with its main economic partners, in order to facilitate the consensus-building efforts among WTO Members for an early launch of the new round. During the process, Japan claimed that the new round should include a broad agenda, such as investment and Anti-dumping. Should the current momentum for more liberalised and rule-oriented trade be lost, the whole world would be at the risk of becoming embroiled in a protracted stagnation. It is indeed gratifying for Japan, a trading nation, to note that these efforts have been well recompensed by the successful launch of a new round of trade negotiations at the 4th Ministerial Conference in Doha, Qatar.
3. As can be seen in its numerous proposals and papers presented to each negotiating group, the Government of Japan is actively engaged in this new round of negotiations, known as the Doha Development Agenda. It also has been considering the interests and concerns expressed by developing countries so that Japan can move forward with these countries.
4. Furthermore, Japan believes it essential for the developing and the least-developed countries, as well as the economies in transition, to share the benefits of the results of the negotiations. In this regard, an early conclusion of the accession negotiations by such applicants, in accordance with the WTO rules, is important in order to facilitate their integration into the multilateral trading system. Japan shall continue to play a leading role in supporting the accession process of such future members of the WTO.
(2) REGIONAL AND BILATERAL TRADE POLICY
5. Maintaining and strengthening the multilateral trading system under the WTO has been, as mentioned above, the main pillar of Japan’s external economic policy. In view of the changes in the trade environment surrounding Japan as well as the greater importance of Asian economies for Japan, however, it has recently come to place more emphasis than before on its regional and bilateral trade policies with possible elements of free trade agreements (FTAs), because we regard them as a means of complementing the multilateral system. Japan aims to use its regional and bilateral policies not only to enhance economic ties with its trade partners but also to achieve further liberalization and rule-making in those areas that could be more effectively or expeditiously dealt with in the regional or bilateral context than through WTO negotiations. It was due to such considerations that Japan signed its first free trade agreement with Singapore (the Japan-Singapore Economic Agreement for a New Age Partnership) in January 2002, which covers not only trade and investment but also new areas such as science and technology, human resource development and tourism. Japan is also seeking to strengthen its economic ties through similar arrangements with Mexico, the Republic of Korea and ASEAN countries (for more details, see Chapter III.). All of its regional and bilateral policies will continue to be consistent with WTO rules.
II. TRADE AND ECONOMIC POLICY ENVIRONMENT
(1) JAPAN'S ECONOMIC ENVIRONMENT
6. The Japanese economy has stagnated for more than ten years after the collapse of the so-called "bubble economy". In order to cope with the economic stagnation of the 1990's, the Government of Japan repeatedly implemented economic measures and increased public investment and other government spending. As a result, budget deficits have substantially increased, while tax revenues have declined due to the slow growth and the various tax cuts. These measures, however, did not result in any sustainable recovery of private demand and neither managed to shore up the stagnant economy. Besides, there is growing concern over the high level of the government debt outstanding.
7. On this background, the Government is now actively promoting structural reforms in order to strengthen the Japanese economy by, for example, shifting major Japanese resources, such as the workforce, capital and technology, from sectors with low productivity to those with high productivity and social needs.
8. As for the recent developments, while the economy continues to be in a difficult situation, the Japanese economy has managed to bottom out and movements of an incipient recovery can be seen in some areas. Like this, the outcome of the structural reform can be observed steadily.
(2) TREND IN FOREIGN TRADE
9. Trade statistics show that Japan's trade surplus expanded in 1997 after four straight years of decline by rising to its highest level in 1998 at ¥13.99 trillion. In 1999, however, imports, and exports in particular, decreased. In 2000, Japan's imports again increased rapidly due to its economic recovery, thus making the trade balance unstable. As a result, Japan's total trade surplus in 2000 decreased to ¥10.72 trillion and then to \6.56 trillion in 2001. We can thus witness three straight years of decline in Japan’s total trade surplus.
10. In 2001, the total value of exports from Japan decreased, mainly due to the weaker world economy:
- the total value of exports from Japan in 2001 amounted to ¥48.98 trillion (a decrease of 5.2 percent from 2000);
- regional trends of total values of exports in 2001 (compared to 2000):
· Middle East up by 22.0 percent
· China up by 14.9 percent
· United States down by 4.2 percent
· European Union (EU) down by 7.4 percent
· Association of Southeast Asian Nations (ASEAN) down by 10.7 percent
· NIEs (inc. Korea, Singapore, Hong Kong and Taiwan) down by 14.0 percent
11. On the other hand, in 2001, the total value of imports into Japan was noted at having been on the increase for the past two straight years, although the rate of increase had slowed down due to the domestic recession:
- the total value of imports in 2001 amounted to ¥42.42 trillion (an increase of 3.6 percent from 2000);
- regional trends of certain total values of imports in 2001 (compared to 2000):
· China up by 18.3 percent
· EU up by 7.3 percent
· ASEAN up by 2.8 percent
· Middle East up by 1.4 percent
· United States down by 1.4 percent
· NIEs down by 7.3 percent
12. The share of manufactured goods out of the total amount of imports increased to 61.4 percent in 2001 (11.0 percent higher than in 1990).
(3) TREND IN FOREIGN DIRECT INVESTMENT
13. According to a Ministry of Finance report, Japan's outflow of foreign direct investment (FDI) has shrunk for the second year in a row reaching ¥3,954.8 billion in FY2001, which represents a decrease of 26.3% from FY2000. The major characteristics of Japan's outward FDI in FY2001 were as follows:
(i) Industry
14. In FY2001, FDI in the manufacturing industry increased to ¥1,744.9 billion, i.e. 35.2% more than in the previous fiscal year, which was mainly due to the increase of FDI in the electrical and transport sectors. However, FDI in the non-manufacturing industry decreased to ¥ 2,174.4 billion (i.e. by 46.3%), due to the drastic decrease of FDI in the transport sector.
(ii) Region
15. In FY2001, the total FDI from Japan to North America and Europe sharply decreased to ¥2,130.9 billion (i.e. by 47.4%) compared with FY2000, due to the decrease in the margins and acquisitions' level (M&As). As a result, the share of these regions among the total amount of FDI flows from Japan fell from 75.5% to 53.9%, compared to the previous fiscal year.
16. Although the FDI flow to Japan also fell by 30.3% to ¥2177.9 billion in FY2001, it still maintained the ¥2,000 billion mark. The major characteristics of inward FDI to Japan in FY2001 were:
(i) Industry
17. FDI in the manufacturing industry decreased to ¥328.0 billion (i.e. by 58.5%), mainly due to a rapid shrink of FDI in the machinery sector, which occupied the largest share in the previous fiscal year. FDI in the non-manufacturing industry also decreased to ¥l,849.9 billion (i.e. by 20.8%) due to the sharp fall of FDI in the financial and insurance sectors.
(ii) Region
18. The amount of inward FDI to Japan from Europe increased to ¥1,096.2 billion in FY2001. On the other hand, in FY2001, the amount of inward FDI from foreign-owned companies in Japan dropped by 76.9% from the previous fiscal year to reach ¥263.8 billion.
III. TRADE POLICY DEVELOPMENT, 2000-2002
(1) RELATIONS WITH OTHER COUNTRIES AND REGIONAL INITIATIVES
(a) Relations with the United States
19. Japan's trade surplus with the United States has been on the decrease since 2000, partly due to the overall slump in the global economy. Japan’s share within the total U.S. trade deficit has also been steadily declining.
20. Prime Minister Koizumi and President Bush announced the establishment of the "Japan-U.S. Economic Partnership for Growth" (hereinafter "Partnership") in June 2001. This Partnership aims at promoting sustainable growth by addressing such issues as sound macroeconomic policies, structural and regulatory reforms, financial and corporate restructuring, foreign direct investment, and an open market. It also aims at providing a structure for the cooperation and engagement on bilateral, regional and global economic and trade issues. Through this Partnership, the governments of Japan and the United States have maintained dialogue under the following newly-created fora: Sub-cabinet Economic Dialogue; Private Sector/Government Commission; Regulatory Reform and Competition Policy Initiative; Financial Dialogue; Investment Initiative; and a Trade Forum.
21. Under the Japan-U.S. Regulatory Reform and Competition Policy Initiative, in particular, the Governments of Japan and the United States have been exchanging views concerning regulatory reform in such areas as telecommunications, information technology, medical devices and pharmaceuticals, financial services, energy and cross-sectoral structural issues, including competition policy. In June 2002, the two governments issued their First Report to Leaders, regarding this Initiative, as a result of the dialogues.
(b) Relations with Europe
22. Since the last trade policy review, a further intensification of relations between Japan and the EU has been observed. Regular meetings have been organized at various levels on such economic issues as trade and investment, as well as regulatory reform. Consultations have also been carried out, as and when required, on specific issues, for example agriculture. All the results from these consultations have been applied on an MFN basis.
23. Aside from that, during the first year of the "Decade of Japan-Europe corporation", an "Action Plan for EU-Japan corporation" was adopted at the 10th Japan-EU Summit held in December 2001. This Action Plan sets out four major objectives and specific measures for the purpose of consolidating Japan-EU relations. One of the four objectives is entitled, "strengthening the economic and trade partnership utilising the dynamism of globalization for the benefit of all". In this context, Japan and the EU will co-operate in such areas as WTO issues, the international monetary and financial system, information and communication technology, and bilateral trade and investment. At the 11th Summit meeting held in Tokyo in July 2002, a steady implementation of the Action Plan was confirmed, and a steering group was set up to follow the progress of the Action Plan.
24. To give an example of part of the progress made under the Action Plan, the Mutual Recognition Agreement (MRA) came into force in January 2002 and the Joint Committee took charge of its implementation. In the area of competition policy, an agreement concerning the co-operation on anti-competitive activities has also been initiated.
(c) FTA
25. As we explained in Chapter I, Japan is now placing more emphasis than before on its regional and bilateral trade policies with possible elements of FTAs, while continuing to maintain consistency with WTO rules.
26. In pursuing its FTA, Japan sees its merits as including:
(1) the expansion of trade and investment through further liberalisation;
(2) receiving more inexpensive, and higher-quality imports from its FTA partners;
(3) having more active economic transaction through, for example, the effective regulation of anti-competitive practices or the harmonization of standards;
(4) rule-based dispute settlement.
27. In January 2002, Japan signed its first free trade agreement with Singapore (the Japan-Singapore Economic Agreement for a New Age Partnership). Japan is also currently working towards strengthening economic partnership including a possible FTA with Mexico, the Republic of Korea and ASEAN countries.
(i) ASEAN
28. During his round trip to five ASEAN countries in January 2002, Prime Minister Koizumi proposed an "Initiative for Japan-ASEAN Comprehensive Economic Partnership". This Initiative seeks to strengthen economic partnerships in as broad-ranged areas as possible, including not only the liberalisation of bilateral trade and investment, but also collaboration in a variety of areas, such as the ICT, science and technology development, culture, education and human resource development, as well as tourism. Japan and the whole of ASEAN are studying the possible areas and frameworks for partnership through the various official-level meetings existing between Japan and the ASEAN (e.g. the Japan-ASEAN Forum, the Closer Economic Partnership Experts Group Meeting, the Japan-ASEAN Expanded Consultative Group Meeting, etc.). Feasible areas and ways to realise a comprehensive economic partnership are also being explored. Furthermore, Japan has begun work on building up economic partnerships in bilateral frameworks with countries ready for consultations, for example Thailand and the Philippines. (By using the framework of the Japan-Singapore Economic Partnership Agreement as a basis, or at least having it as reference, Japan is now considering the possibility of establishing a comprehensive economic partnership with ASEAN country.) A report of the progress of work in bilateral and multilateral frameworks will be made at the Japan-ASEAN ministerial-level meetings in 2002 (i.e. the Foreign Ministers' and Economic Ministers’' meetings), and then at the Japan-ASEAN Summit Meeting in November, so as to enable Leaders to agree on the basic elements of such economic partnerships, for example, scope and time-frames.
(ii) JSEPA
29. The Japan Singapore Economic Agreement for a New Age Partnership (JSEPA) was signed by the Prime Ministers of Japan and Singapore on 13 January 2002. The JSEPA is not a conventional free trade agreement, as it focuses not only on the liberalization of investment and trade in goods and services, but also encompasses cooperation in key growth areas, such as information and communications technology, science and technology, financial services cooperation, and human resources development. Based on the monetary value of the year 2000, over 98% of tariffs on items traded between the two countries will be eliminated in the final stages of the entering into force of the JSEPA. In general, we can thus see Japan's firm determination to respect at a high level all the relevant GATT/WTO rules when establishing a RTAs.
(iii) Korea
30. A joint research report was released by "the 21st Century Japan-Korea Economic Relations Study Team", after its establishment in December 1998. On the basis of this report, as well as on a symposium held in May 2000, the Prime Minister of Japan and the President of the Republic of Korea agreed to establish a Japan-Korea FTA Business Forum in September 2000. The Forum held two joint meetings, one in September 2001 and another in January 2002, and issued a recommendation requesting the two governments to proceed immediately with a FTA in the form of a comprehensive economic partnership agreement. On the basis of this recommendation, Japan and Korea agreed to establish an industry-government-academia linked research group (the Japan-Korea FTA Joint Study Group) in March 2002 for a future Japan-ROK FTA. The 1st Meeting of the Joint Study Group was held in Seoul on July 9 and 10, where were discussed the benefits of a FTA, the scope of the Joint Study Group and the future work plan. The 2nd Meeting is scheduled in Tokyo on October 1 and 2, 2002.
(iv) Mexico
31. The Japan-Mexico Joint Study Group on the Strengthening of Bilateral Economic Relations, which is composed of government members, academics, and people from business sectors, held a total of seven meetings from September 2001 to July 2002 and published a Final Report in July 2002.
32. The Joint Study Group proposed, inter alia, that the two governments, while endeavouring to gain the understanding from both the Japanese and Mexican publics, should overcome the various problems identified in the process of its discussions. Furthermore, it proposed that work should be started promptly with the aim of concluding an agreement for strengthening a bilateral economic partnership, which includes elements of a FTA, as a concrete measure for strengthening bilateral economic relations.
33. The Government of Japan and Mexico will study on how to proceed with this matter, taking into account the elements included in the Final Report.
(d) Regional initiative
(i) APEC
34. Japan believes that the promotion of co-operative economic relations among economies in the Asia-Pacific Region through such forums as the Asia-Pacific Economic Cooperation (APEC) will enable an open regional economic community in the region and will stimulate world trade, thereby contributing to the development of the global economy. Japan shall continue its efforts towards making such visions become reality by cooperating closely with other member economies in search of this objective.
35. Japan continues to conduct activities in accordance with the main pillars of the APEC: trade and investment liberalization and facilitation (TILF), and economic and technical cooperation (Ecotech). This year, Japan has put a particular emphasis on trade facilitation, which could provide tangible benefits to the business community. It is also preparing the "APEC Trade Facilitation Action Plan" through concertation with the US. In view of achieving the Bogol Goal, Japan proposed to strengthen the IAP (Individual Action Plan) Peer Review Process and thus volunteered to be reviewed this year. Japan also suggested last February that an "IPR Service Center" be established. As for Ecotech, Japan proposed to draw up an "Ecotech Action Plan", which would aim at improved coordination and the enhancement of Ecotech activities.
(ii) ASEM
36. Since the inaugural session of the Asia-Europe Meeting (ASEM) held in March 1996, measures have been taken in the field of trade policy within that framework. Foreign Ministers Meetings, Economic Ministers’ Meetings, Finance Ministers’ Meetings, as well as other ministerial meetings, have been held in addition to the summit meetings. Indeed, the ASEM partners have been carrying out various projects under both the Trade Facilitation Action Plan (TFAP) and the Investment Promotion Action Plan (IPAP). Furthermore, the Asia-Europe Business Forum has been held annually since 1996 for the purpose of promoting interaction between business sectors of both regions.
(2) DOMESTIC POLICY DEVELOPMENT
(a) Reform of the Economic Structure
37. As to the economic and fiscal policy, the Council on Economic and Fiscal Policy was set up in the Cabinet Office in January 2001. Its aims are to enable the Prime Minister to fully demonstrate his leadership in economic and fiscal policies and, at the same time, to adequately reflect the opinions of the private-sector when formulating policy measures. The Council is chaired by the Prime Minister and comprised of the interested state ministers, private sector businesspersons and academics. It is to be noted that more than 40% of the members of the Council are from the private sector.
38. Based on the report of the Council in June 2001, the Cabinet has advanced a wide range of structural reforms, starting from the "Basic Policies for Macroeconomic Management and the Structural Reform of the Japanese Economy" (Cabinet decision of 26 June 2001). As a result, although employment and income conditions remain in a difficult state, the Japanese economy has reached the lowest point in its cyclical change, reflecting the rapid economic recovery witnessed in the United States and other Asian countries, and the progress of inventory adjustments.
39. Conquering deflation is the most important issue on the agenda of the intensive adjustment phase. In an effort to promote structural reform, the Government devised the Front-loaded Reform Program in October 2001, as well as the Emergency Program for Structual Reform and Global Recession in December. These two reform programs were followed by the Emergency Countermeasures to Deflation, introduced late February this year, which emphasised the financial aspects of reform.
40. In order to further solidify the trend towards economic and fiscal improvement and to build a sound economy and society in which people can have confidence in the future, the Japanese Government considered it necessary to move on to a new stage. Thus on 25th June this year, the Cabinet adopted the program on "Basic Policies for Economic and Fiscal Policy Management and Structural Reform 2002" which clarifies the second stage of reform, and is recognized as "Basic Policies No. 2".
41. Under "Basic Policies No. 2":
- First, the Cabinet will advance the "Economic Revitalization Strategies", which include the establishment of "special structural reform areas".
- Second, a comprehensive and fundamental tax reform, having the utmost emphasis on restoring the vitality of the Japanese economy, will be implemented. With a view to ensuring that the tax system is "broad, light and simple", consideration will be given to the structure whereby the balance among income tax, inhabitant tax and tax on corporations can be optimised.
- Third, the Cabinet will accelerate the reform of government expenditure to achieve "a small government of high quality, worthy of the burden required".
42. By advancing these policies in trinity, the Government should achieve a steady economic growth over the medium-term due to private demand.
43. Concerning medium-term economic and fiscal reform, in January 2002, the Government adopted a Cabinet Decision, Structural Reform and Medium-term Economic and Fiscal Perspectives ("Reform and Perspectives"), which shows a vision of the Government’s medium-term (FY2002-2006) economic and fiscal policies centring on structural reforms.
44. As the Government puts top priority on overcoming deflation, structural reform shall be implemented by putting emphasis on expanding private-sector demand and increasing employment opportunities. Furthermore, the elimination of non-performing loans will be expedited. The "Reform and Perspectives" shows that, although growth at first will be near to zero, the economy will begin to recover, and will see some positive growth in FY2003. From FY2004 onwards, growth driven by demand in the private sector should be realized at a steady pace of at least 1.5 percent in real terms and 2.5 percent in nominal terms.
45. Public spending should be concentrated in those sectors where the need is greatest, and its cost effectiveness should be improved. During the target period, the goal should be to hold the size of government at or below its present level.
(b) Fiscal Structural Reform
46. As part of the policies presented in the "Basic Policies for Macroeconomic Development" adopted by the Cabinet in June 2001, a goal was set to limit the amount of government bond issues to less than 30 trillion yen in the FY2002 budget, and then to achieve a primary surplus thereafter. This decision was made to show that there exists a real necessity to undertake on full-scale measures towards fiscal consolidation.
47. As the first step towards fiscal structural reform, it was decided to thoroughly review all expenditures, with a view to reducing spending and achieving prioritized allocations, when formulating the FY2002 budget. In addition, the basic stance on the FY2002 budget formulation, such as prioritizing allocations by using the guidelines of the "7 key prioritization areas" .
48. Furthermore, the "Structural Reform and Medium-Term Economic and Fiscal Perspectives", adopted by the Cabinet in January 2002, set down the following mid-term target and projection:
1. the goal for the size of the Government (i.e., the ratio between general government expenditures and the GDP) is to maintain it at, or below, its current level until 2006;
2. the ratio of the primary balance deficit of central and local governments to GDP is expected to decline from 4.3% in FY2000 to approximately half of that amount around FY2006. A primary balance surplus is expected to be posted in the early 2010s.
49. Finally, the "Basic Policies No. 2" which was adopted by the Cabinet on 25th June this year, presents guidelines for tax reform and expenditure reform. As for FY2003 budget, which is being formulated based on the "Basic Policies No. 2", the total amount of the expenditures will be kept equal to or below the level of the current fiscal year. At the same time, the Government will make every effort to enhance efficiency of government expenditures and prioritise the “New Four Priority Areas ”. Through these measures, the Government will continue to advance fiscal structural reform.
(c) Regulatory Reform
50. In April 2001, the Council for Regulatory Reform was established as an advisory body to the Prime Minister. The mission assigned to the Council is not only for respectively relaxing and abolishing the existing regulation, but also for promoting comprehensive regulatory reform in terms of improvement of the whole system per se.
51. The Council selected 6 priority spheres – medical care, welfare and childcare, human resources (labour), education, environment, and urban renaissance. By focusing its consideration on these spheres, it submitted the "First Report Regarding the Promotion of Regulatory Reform" to the Prime Minister in December 2001.
52. In March 2002, the Three-Year Program for Regulatory Reform was revised, and in this process, the above-mentioned First Report was fully incorporated into the Program. In addition, the results of the consideration regarding the requests by various sectors, including domestic private organizations, enterprises, and overseas governments and organizations, were also taken into account. The Program covers a wide range of areas, including the above 6 priorities.
53. Since April 2002, the Council for Regulatory Reform has adopted the "Revitalization of the Economy" plan as a fundamental guideline, and has intensively considered regulatory reform measures based on the 5 cross-sectional themes, including the creation of new businesses, the development of public-sector dominated markets through the entrance of the private sector, and the improvement of business infrastructures. The Council will submit a report to the Prime Minister this year, based on the "Interim Report" published in July.
54. In the telecommunications sector, Japan has been continuously carrying out various regulatory reforms through measures for promoting fair competition, including the amendment of the Telecommunications Business Law. As a result, many new telecommunications carriers have entered the market and consumer benefit has been improved (such as the sharp rate reduction, the diversification and development of services, and a reduction in the interconnection rate) due to increased competition.
55. On 7th August 2002, a special department of the Telecommunications Council presented the final report on "Desirable Pro-Competitive Policies in the Telecommunications Business Field for Promoting the IT Revolution". This report covers such measures as the "promotion of pro-competitive policies to open up networks", the "improvement of consumer protection administration", and the "direction of new competition frameworks (such as the abolition of Type I and Type II business categories)". The Government of Japan shall implement the necessary measures based on this report.
(d) Competition Policy
56. At the 154th Diet session, the Fair Trade Committee (FTC) brought up the bill concerning the amendment of the Antimonopoly Act (AMA), including the repeal of the restriction on the total amount of stockholding by a major company (Article 9-2), the increase of the upper limit of a criminal fine against a juridical person (Article 95), etc., the amendment of which was promulgated in May 2002.
57. The FTC has been taking rigorous legal action for any violations of the AMA. The number of legal cases regarding such violations was 18 in 2000 and 42 in 2001. Details of these cases can be found below:
2000 2001
Private Monopolization 1 0
Bid-rigging 9 36
Cartels (excluding bid-rigging) 2 3
Unfair Trade Practices 5 3
Others 1 0
Total Cases 18 42
58. The surcharge payment contained in orders over the last two years has been estimated at a total amount of around ¥13 billion (equivalent to about US$112 million). Of that amount, some cases, totalling approximately ¥2.7 billion (about US$23 million), were nullified due to the initiation of hearing procedures.
59. The FTC is expected to serve as the guardian of the market and to establish competition policies appropriate for the 21st century. In this context, the number of personnel in the FTC has increased, being assigned mainly to the investigation section.
60. The FTC considers that the resale price maintenance system for copyrighted works (books, magazines, newspaper, records, music tapes and music CDs) should be abolished from the viewpoint of competition policy. However, it was concluded appropriate to maintain that system for the time being, mainly because a national consensus could not be achieved due to, many people being against the abolition, arguing that it may adversely affect the cultural or public aspect of copyrighted work.
61. In May 2002, the Government of Japan and the European Commission (EC) signed the draft text of an agreement concerning co-operation on anti-competitive activities. This agreement is the second such bilateral agreement for Japan, following that already concluded between Japan and the US. This new agreement is expected to have the effect of strengthening the enforcement of competition laws against international anti-competitive activities, and of developing the co-operative relationship between the competition authorities of Japan and the EC. In the Japan-Singapore Economic Partnership Agreement, which was signed in January 2002, the two countries agreed to promote cooperation when controlling anti-competitive activities, in order to facilitate trade and investment flows between the two countries.
62. In the field of technical cooperation, the FTC has been holding several training courses on competition policy for the expert-level staff members of competition authorities, particularly in developing countries. In addition, the FTC has sent experts to conduct more in-depth technical assistance in the field of competition policy to several developing countries. For example, in the framework of the "PFP" (Partners For Progress) initiative of the APEC, the FTC organized five annual training programs on competition policy with the Royal Thai Government from FY1996 to FY2000. The fifth and last program was held in Bangkok in March 2001, with intensive discussions being had on specific topics of the sub-group meetings. After conclusion of the PFP initiative as originally planned, the FTC, in collaboration with the Royal Thai Government and the Government of the Socialist Republic of Vietnam, proposed a new series of training programs on competition policy within the framework of the APEC for the coming three years. The first seminar was successfully conducted in August 2002 in Bangkok and the second will be held in Vietnam early 2003.
(e) Agricultural Policy Reform
63. As mentioned in its previous Government Report prepared for Japan's Trade Policy Review in 2000, the Basic Law on Food, Agriculture and Rural Areas was enacted in July 1999, providing a new framework legislation for Japan’s agricultural policy by replacing the Agricultural Basic Law of 1961. This Basic Law stipulates, inter alia, that the price of agricultural products should reflect the supply and demand situation, as well as the quality of the goods. In this regard, Japan has reviewed its agricultural policies and has vigorously reformed price support measures on a number of key agricultural products – rice, wheat, soybeans, dairy products, fruit, vegetables, beef calf, sugar cane and beets and sugar – in order to allow prices to reflect the market signals. These reforms are complemented by the safety-net mechanisms, which are designed to alleviate the adverse effects on farmers caused by the substantial fall in prices.
64. Such developments prove Japan's willingness to duly implement the reform process stipulated in Article 20 of the WTO Agreement on Agriculture. As a result of the above-mentioned policy reforms, the total amount of domestic support provided to agricultural producers, measured according to the total AMS in 1999, declined to less than 20 percent of the final commitment level of 2000.
65. Since September 2001, various problems relating to "Food" and "Agriculture" have emerged in connection with the outbreak of BSE and with the false labelling of food in Japan. In response to these challenges, the Ministry of Agriculture, Forestry and Fisheries (MAFF) proposed in April 2002 an "Action Plan for Revitalizing Japanese "Food" and "Agriculture"". This was designed as a blueprint for implementing the drastic reforms of agricultural, forestry and fishery policies, with a view to securing food safety and consumers' confidence. To ensure the transparency of the policy-making process for restoring the confidence of the general public on Japan's agricultural policy, the Action Plan was proposed, followed by a process of seeking the views and comments from the various stakeholders across the nation. The Action Plan focuses on the following three policy challenges, which build on the basic principles of the Basic Law on Food, Agriculture and Rural Areas:
1) to engage vigorously in reform policies as the first priority, in order to secure food safety and consumer confidence;
2) to accelerate the structural reform of agriculture; and
3) to promote the interchange of people and information between urban and rural areas to create a beautiful country, in which humans and nature are in perfect harmony.
66. To summarize, Japan is not only pursuing further reforms, including agricultural price policy reforms and regulatory reforms, but is also addressing challenges to make its agricultural policies more responsive to consumers' concerns on food safety and quality, and more able to secure the rural environment and the various other roles of agriculture.
IV. DOHA DEVELOPMENT AGENDA
67. As mentioned in Chapter I above, Japan has been actively participating in the new round of negotiations in order to pursue further trade liberalization and to strengthen the WTO rules.
68. In the process leading up to the start of the new round, Japan insisted that the negotiations be comprehensive, i.e. not limited to the so-called Built-In-Agenda (agriculture and services) and some market access issues, but to include, among others, rule-related issues (anti-dumping, subsidies, etc.), the strengthening of the DSU and Singapore issues. This stance reflected Japan's long-standing position for the negotiations to proceed in a balanced and equitable manner, thereby not favouring the interests of just a limited number of members.
69. Thus, Japan sincerely welcomed that its above stance was to be fully considered when kicking off the new round, which includes a wide range of issues. Now that the negotiations have successfully started in ardency, Japan appreciates the progress so far reached in spite of some delays found in its working programme. Japan's solid commitment to ensuring the success of the 5th Ministerial Conference in Cancun, as well as its smooth conclusion not later than 1st January 2005 is irreversible. Japan strongly hopes that all members show the same level of determination in order to accelerate the negotiations, the fault of whish the momentum towards achieving an open and fair multilateral trading system would be in peril.
70. Furthermore, Japan is perfectly aware, bearing in mind the failure of the Seattle Ministerial Conference, that the interests of developing countries should not at all be left out in the new round. Without considering difficulties faced by the developing countries, which themselves constitute a majority in the number of WTO Members, the negotiations cannot and shall not move forward. As the world economy becomes more and more integrated, developing countries should achieve more and more capability towards implementing the existing and future WTO rules, which are of their own interest, and gain more momentum towards fully participating in the round. Japan has been reiterating its own conviction that the further development of developing countries lies in the promotion of trade, and that it is of mutual benefit to both developed and developing countries if the latter can achieve an independent development through trade and investment, as the stability of the world economy relies on a harmonious development throughout the world. In this context, Japan recognizes that the development issues such as Implementation-Related Issues and Concerns, Special and Differential treatment are of particular importance for developing members. Japan will examine these important issues in earnest in cooperation with the related committees.
71. Based on the above thought, Japan has been entirely committed to the trade-related technical assistance/capacity building (TRTA/CB) and the concrete measures of duty-free quota-free for LDC products. As for TRTA/CB, Japan has already made a contribution of 1.5 million CHF (0.9 million US$) to the Doha Development Agenda Global Trust Fund. By trying to respond to the requests of developing countries, Japan is providing TRTA/CB activities through the Japan International Cooperation Agency (JICA) project, the APEC Trade and Investment Liberalization and Facilitation (TILF) fund, and the Asia Development Bank (ADB).
72. When moving forward, Japan enumerates the following main, but not exhaustive, objectives.
- Strengthening the WTO rules to prevent arbitrary trade measures.
- Further liberalizing world trade.
- Promoting the participation of developing countries.
- Assuring the co-existence of various types of agriculture, taking account of, inter alia, multi-functionality.
- Not only liberalizing trade but also considering other values such as intellectual property rights, environment, etc.
73. More concretely, Japan has been addressing each negotiation area from the following viewpoints.
(a) Agriculture
74. Since the previous Review, Japan has been actively engaged in the WTO agricultural negotiations, and has submitted various proposals with a view to establishing fair and equitable multilateral trading rules on agriculture. In the first phase of the negotiations, Japan submitted a comprehensive negotiating proposal. Based on the fundamental philosophy of "the coexistence of various types of agriculture", the following five major priorities are identified:
(i) consideration of the multi-functionality of agriculture;
(ii) ensuring food security, which is the basis of the society in each country;
(iii) redressing the imbalance between rules and disciplines applied to agricultural exporting countries and those applied to importing countries;
(iv) consideration for developing countries; and
(v) consideration for the concerns of consumers and the civil society.
75. In the second phase of the negotiations, Japan submitted a series of papers elaborating the rules and disciplines, in order to deepen other Members' understanding on Japan's idea of a future agricultural trading system. These papers cover the following broad spectrum:
1) export competition ("export prohibitions and restrictions", "export enhancing measures" and "a new framework for international food stockholding");
2) market access ("a new safeguard mechanism");
3) domestic support ("green box");
4) horizontal issues ("state trading enterprises", "consumers' concern on food safety and quality", "importance of agriculture in rural areas (rural development)", "the role of agriculture to provide environmental benefits" and "international environment surrounding agricultural trade and food security").
76. Throughout the negotiations, Japan advocates the importance of Non-Trade Concerns in agriculture and insists that Non-Trade Concerns be taken into account in the negotiations, as provided for in the Agreement on Agriculture, and as reaffirmed in the Doha Ministerial Declaration. In this regard, Japan organised, in collaboration with the EC, Korea, Mauritius, Norway and Switzerland, and chaired the 4th International Conference on Non-Trade Concerns in Agriculture at Ministerial Level, held in Rome on 14th June 2002. The Conference attracted participation from 54 WTO Members and Observers, considerably exceeding the number of participating countries from the past three such conferences.
77. During the Conference, participants co-ordinated their views on the role that Non-Trade Concerns should play in the WTO negotiations on agriculture. Ministers emphasised that Non-Trade Concerns cannot be adequately addressed unless combined with domestic agricultural production. They also underlined that the multilateral rules needed to acknowledge and secure, through a variety of instruments, the continued coexistence of the various types of agriculture, both in high and low potential areas, based on each country's specific conditions and historical and cultural backgrounds. Furthermore, since the Doha Ministerial Declaration includes the provision stating that Non-Trade Concerns will be taken into account in the WTO negotiations on agriculture, participants stressed their determination to fully honour this commitment.
(b) Services
78. Regarding the negotiations on services, Japan has been actively participating in the WTO services negotiations. It submitted a comprehensive negotiating proposal in December 2000 and then made additional proposals regarding MFN Exemptions, movement of natural persons, energy services and educational services. Furthermore, the disciplines in domestic regulation are also highly considered by Japan.
79. Japan is now partaking in the request-offer process, and hopes that all Members, including the developing countries, will actively participate. As one of the most liberalised economies in terms of the number of the services sub-sectors, where specific commitments are made, Japan is prepared to take further steps to improve its commitment and encourages similar liberalisation efforts by other WTO Members. Under such view, Japan submitted its initial requests to all WTO Members on the 27th and 28th of June 2002. In general terms, Japan attaches great importance to the following issues.
- elimination or alleviation of horizontal (cross-sectoral) regulations, which constitute substantial obstacles to the activities of foreign service suppliers, such as restrictions on the participation of foreign capital, nationality requirements for the staff and employees, restrictions on the acquisition of real estate, etc.
- improved commitments of liberalization in those services sectors which serve as an infrastructure in support of various economic activities, such as telecommunication, construction, distribution, financial, transport, etc.
- improved commitments of liberalization in those services sectors related to new information and communication technology, such as computer and related services, telecommunication, etc.
- improved commitments of liberalization in various professional services supporting business activities, such as accounting and architectural services.
(c) Non-agricultural Market Access
80. Through the past several rounds of negotiations, tariffs on non-agricultural products have been substantially reduced, market access has been improved, and accordingly, the predictability and credibility of trade has been enhanced. Since the Uruguay Round, Japan has achieved 1.7% of the trade-weighted average tariff rate, which is one of the lowest among the WTO Members. However, as there is still room for improvement in market access among Members, Japan is prepared to engage itself actively in these negotiations together with other WTO Members, in accordance with the Doha Ministerial Declaration, including its paragraph 16.
81. Japan has already submitted its contribution paper to the WTO (cf. document TN/MA/W/5). As stated in that paper, Japan is of the view that international trade can play a major role in the promotion of economic growth and the alleviation of poverty, as described in the Declaration; and in this context, the improvement of market access can play an important role.
82. Japan would like to point out that, while improving market access through negotiations on non-agricultural market access is beneficial to all Members, several studies in the past have clearly shown that developing countries, especially the LDCs, are also able to enjoy benefits, according to the development needs, in the course of the world economic growth enhanced by the expansion of world trade. Members should thus make efforts to further stabilize the multilateral trading system and promote negotiations in order to enable all Members to benefit.
83. The elements or ideas mentioned in the paper are as follows: binding ratios, target tariff rates, tariff peaks, high tariffs and tariff escalations, "zero-for-zero" and "Harmonization", the base rate for negotiations, tariff schedule, implementation periods and staging, NTMs, S&D, capacity building and the protection of the environment and sustainable development, including market access on environmental goods. Japan intends to submit additional proposals on the above elements as necessary.
(d) Rules
84. Japan has been actively participating in the negotiations on Rules, in particular the Anti-Dumping negotiations. The Government of Japan believes that the current rule should be clarified and improved in order to prevent any misuse of anti-dumping measures. For the purpose of facilitating the discussions in the Rule negotiating group, Japan together with 10 more members, has submitted two consecutive papers to the group. The Government of Japan appreciates the comments and questions raised by other Members on these papers, Japan would like to continue taking an active role in the negotiations in order to facilitating discussions with a view to achieving the improvement of the current Anti-Dumping Agreement. Japan reiterates the importance of enhancing the mutual understanding of all Members through intensified informal, as well as formal discussions.
85. With regard to the negotiations on the Subsidies and Countervailing Measures Agreement, Japan believes that the discussions on the rules governing Countervailing Measures should be consistent with the Anti-Dumping negotiations from the outset stages. Intensified rules on Countervailing and Anti-Dumping, for preventing the misuse of these measures, would benefit both developed and developing countries. Japan is of the view that the outcomes of the negotiations should be applied to both developed and developing countries equally.
86. Likewise to other Members, Japan is not satisfied with the fact that no examinations under the Committee on Regional Trade Agreements have been completed due to the lack of clarity in the disciplines under the existing WTO provisions which apply to existing and future regional trade agreements. Japan hopes that the active discussions in the rules negotiations will result in the clarification of disciplines relating to the regional trade agreements.
(e) Singapore issues
87. With regard to the Singapore issues, i.e. investment, competition, trade facilitation and transparency in government procurement, Japan has strongly insisted for some time that, considering their respective importance, these items should be included in the negotiation agenda with an explicit consensus from all Members following the 5th Ministerial Conference in Cancun. In particular, if the final conclusion of the Doha Development Agenda was to be relatively more focused on market access issues, leaving behind the rules on the Singapore issues and others, Japan would feel obliged to regard the outcome as poorly balanced. For the negotiations to be comprehensive and balanced in its entire structure, as repeated by Japan on every occasion, it is important to put priority on the inclusion of the Singapore issues and a successful conclusion.
88. These 4 issues are all new challenges in the GATT/WTO regime, deriving from the changing world trade and investment environment. With the fast evolution and integration of the world economy, the need to incorporate these issues in the GATT/WTO rules become ever more important. Each of the 4 issues has the role of complementing and completing the current WTO rules. For example, trade, investment and competition policies are inextricably linked in order to ensure the free and fair character of the world economy. Furthermore, trade without a sound customs system (trade facilitation) would not be able to guarantee stable trade relations, and government procurement policies and practices without sufficient transparency would deprive the WTO Members of opportunities to improve economic governance, in order to build public confidence and to encourage long-term business commitments.
89. The more concrete meanings of each of the Singapore issues, as well as Japan’s basic stance are enumerated below:
(a) Investment
90. Japan has been giving priority to the establishment of a set of rules in order to secure transparent, stable and predictable conditions that will facilitate long-term cross-border investment, particularly foreign direct investment (FDIs), thereby contributing to the economic development of all Members including developing members. Japan seriously takes note of the concerns expressed by some Members in that multilateral investment rules will prevent developing countries from adopting their own development policies. But we believe that progressive liberalization of investment with sound and fair rules provides developing countries with greater opportunities to move from labour-intensive industries to value-intensive industries, bolster up their competitiveness and facilitate the transfer of technology. Based on this conviction, Japan was a main advocate of including investment rules in the negotiating agenda before Doha, and continues to be a main advocate for negotiation. Japan believes technical assistance and capacity building, which will contribute to the Members' understanding of the issue, are important and has been active in this field as well
(i) Competition
91. With the globalization for business activities, there is an increasing need for each country to properly deal with anti-competitive business practices which effect international trade. Japan hopes that the multilateral framework shall be established for the purpose of strengthening cooperation in the enforcement of competition laws so that each country may cope efficiently and effectively with those anti-competitive practices. Under this framework, flexibility and progressivity should at least be allowed the developing countries.
(ii) Trade Facilitation
92. The expansion of world trade necessitates more than ever a smooth, fair and transparent customs system to complement the current GATT/WTO system. Japan has been collaborating since 1999 with members of the Colorado group, which aims at including trade facilitation in the negotiating agenda. Japan has submitted several contribution papers on trade facilitation with the belief that trade facilitation plays an important role in promoting the development of international trade and the world economy, thereby benefiting all trading parties, including the private and government sectors of developed and developing countries.
(iii) Transparency in Government Procurement
93. While the current plurilateral Agreement on Government Procurement contains the rules applied to only a limited number of WTO Members (currently 27 Members), an agreement on the transparency in government procurement will enable the development of a framework of rules, ensuring that a wide range of information on each WTO Member's government procurement policies and practices, to be made available to suppliers and service providers in a WTO Member. In addition, such framework of rules will ensure that adequate information concerning procurement opportunities and the relevant domestic procedures is made available, on a timely basis, to interested suppliers and service providers.
94. Japan, therefore, has supported the idea of launching negotiations for establishing a framework agreement on transparency in government procurement. The negotiations should provide for the allowing appropriate consideration on special and differential treatment for developing Members, and the needs of those Members who require technical assistance and capacity building should be duly taken into account.
95. Japan has a strong conviction that benefits could be brought to all WTO Members if one is to remove the existing barriers in these 4 areas in order to facilitate the flow of trade and investment. To this end, Japan is conducting technical assistance and capacity building activities to assist the preparations of developing countries. In a variety of discussions with some developing countries, Japan noticed that a part of their reticence for starting the negotiations came from certain misunderstandings, which were in part justifiable, due to their lack of opportunity for learning these issues profoundly. This is why Japan has repeatedly reinforced its sense of mission to deploy each and every effort to inform developing countries, by the way of technical assistance and capacity building, of the merits and meanings of the Singapore issues. This process is still continuing, in cooperation with the other like?minded countries.
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