2013年4月12日金曜日

Japan-Canada EPA second round of negotiation

With the TPP negotiation announcement recently, the negotiation of other EPAs are also accelerating.
Japan and Canada will have second round of EPA negotiation on April 22 through 26 in Otawa, Canada.

http://www.meti.go.jp/press/2013/04/20130411001/20130411001.pdf

2013年4月10日水曜日

Japan - EU EPA first round of negotiation

According to the news release by METI and MOFA, the first round of EPA negotiation will take place on April 15 through 19 in Belgium. 

http://www.meti.go.jp/press/2013/04/20130409002/20130409002.pdf

2013年4月9日火曜日

METI draft export control guidance of cloud computing

On April 9, METI unveiled draft of guidance notification how cloud computing should be treated under export control regulation in Japan.  The draft is for public comment and its due date is May 8.  It is expected the updated notification will be effective around June 2013.
The draft is available in following URL in Japanese.  (As always, no English publication.)
http://search.e-gov.go.jp/servlet/Public?CLASSNAME=PCMMSTDETAIL&id=595213010&Mode=0

The summary of the cloud computing guidance is as follows.  The guidance provide the definition and interpretation how METI consider cloud computing service under technology transfer export control.


1. The data storage service in cloud computing:
In case the server of cloud computing is located in foreign country and the data is stored outside of Japan, it is generally not subject to export control regulation as long as the transaction is limited to data storage secured by contract with service provider and user.  However, if the contract of Japanese user and the foreign data storage provider include the possibility that foreign provider can inspect, acquire, or make use of the stored data, it may be subject to export control regulation, by being regarded as technology is transferred overseas.


2. SaaS (Software as a Service) scenario:  
SaaS is a name of the service a user can make use of application software through Internet without downloading to personal devices.  SaaS is generally considered as subject to export control regulation.  Because this scenario is a service transaction to provide service a user can utilize the software function crossing international boarder.  However, if the software is mass market software which is available to anybody without limitation, it is excluded from export control scope.


Comment:  It is first time METI officially provided written guidance to cloud computing.  Industries in Japan have been awaiting this for years and in the past, they had issued opinion letters under the name of some industry associations. 
Above 1 (data storage part) mostly reflect industry's opinion, and seems to be reasonable interpretation.  However above 2 (Saas part) is contrary to industry's opinion.  Actually industries have requested SaaS should not be treated as subject to export control, because SaaS is not technology transfer but merely data processing.  Also it is "illogical jump" to consider SaaS is transfer of software itself.

As it is now public comment stage, I believe many negative comments will come especially in SaaS part.


2013年4月8日月曜日

Japan - Mongolia third round of EPA negotiation take place

MOFA and METI jointly announced the progress of Japan - Mongolia EPA negotiation on April 5th.
The summary is as follows:

http://www.mofa.go.jp/press/release/press6e_000026.html

2013年4月5日金曜日

Japan continue trade ban to North Korea for another 2 years

Japan METI announced on April 5 that Japan continue embargo to North Korea for another 2 years.
This treatment is almost complete embargo both on export and import for North Korea origin items and goods from/to North Korea port.  In addition, brokering activities and financial transactions relating to North Korea are also prohibited. 

This embargo treatment is basically same as the ones until last year.  This has been extended one year each on April every year since 2006, and this year the treatment continue for 2 years until April 2015.

(Source:  http://www.meti.go.jp/press/2013/04/20130405001/20130405001.pdf )

METI Update of Foreign User List

On April 5, Japan METI update its Foreign User List, also know as WMD Proliferation Concerned Parties List.  This update is not addition of new entity name, but supplementing existing entity name in North Korea, thus actually no substantial change.  Total number of entities remain unchanged as 450.
The change is as follows.

(Old)
Country Name:  North Korea
Entity Name:  Trade Bank of DPRK, aka (also known as),  Mooyukeunhaeng

(New)
Country Name: North Korea
Entity Name: Foreign Trade Bank of the Democratic People’s Republic of Korea,
aka, FTB, Mooyukeunhaeng, or North Korea's Foreign Trade Bank.

Above change is in line with asset freeze measure notification by Ministry of Foreign Affairs Japan.

(Source:  http://www.meti.go.jp/policy/anpo/law09.html#418 )