2011年10月17日月曜日

AEO mutual recognition between Japan - Korea effective on Nov. 1, 2011

As announced in May 2011, Japan and Korea signed the mutual recognition of AEO in both countries.
http://japantradecompliance.blogspot.com/2011/05/aeo-mutual-recognition-between-japan.html

Japan Customs announced the implementation of mutual recognition with Korea will be in place on Nov. 01, 2011.  The procedures how the AEO operations will make use of the benefits in customs declaration can be found in following Customs web site.

http://www.customs.go.jp/zeikan/seido/aeo/leaflet_23-10.pdf

2011年10月2日日曜日

Japan-Mexico EPA protocol amending signed

According to press release issued by METI and MOFA on September 23, 2011, the protocol amending between Japan and Mexico was signed.  The Japan-Mexico EPA entered into force on April, 2005 and it greatly contributed to the trade volume increase for both countries.

The new protocol is expected to promote trade liberalization, and main topics are as follows.

  1. Further improvement of market accesss conditions related to trade in goods:
    Mexican side: 
    - Acceleration of the elimination of tariffs imposed on certain auto parts and paper for ink-jet printers (They will be eliminated in 2012, two years earlier than the original schedule).
    - Elimination of tariffs on mandarin oranges and the establishment of tariff rate quotas for apples and green tea.

    Japanese Side: 
    - Expansion of tariff rate quotas and reductions of in-quota tariffs applied to beef, pork, chicken, orange and orange juice
    - Establishment of a tariff rate quota for agave syrup: Fructose syrup from Agave  (Negotiations regarding pineapples, durum wheat, cane sugar, etc. will take place in 2014.)
  2. The application of most-favored nation (MFN) applied tariff rates on particular goods in case these rates are lower than those under the EPA:
    - A provision has been added to apply MFN applied tariff rates under the WTO on particular goods in case the MFN rates are lower than the corresponding tariff rates under the EPA.
  3. Introduction of the Approved Exporter System:
    - In order to facilitate procedures for certification of origin, the rules on the Approved Exporter System will be introduced.
(Source:  MOFA web site http://www.mofa.go.jp/announce/announce/2011/9/0923_01.html )

2011年10月1日土曜日

Update of license exception of technology transfer in Japan

On September 30, 2011, the change of regulation regarding technology transfer license exception was announced in Japanese METI web site. 
http://www.meti.go.jp/policy/anpo/law09.html#019

This update is not significant change, but slight words addition in order to prevent evasion of the law or abuse in license exception under "publicly available" technology.

The regulation change is the Article 9 (2) (ix) of "Ministerial Ordinance on Trade Relation Invisible Trade, etc." which define various license exceptions of technology transfer.  Like any other countries, Japan also define the licence exception of publicly available technology, currently as below.

Article 9 (2)
(ix) transactions through which technology in the public domain is provided or technology is provided to make said technology known to the public, and which fall under any of (a) to (e) below:

As of September 30, 2011, following new additional provision is added and effective immediately.
(Except the transaction which aim to provide specific technology to specific person by making it in public domain)

What does it mean?  Well, let me give one example case.

One Japanese company aims to provide license required technology to a foreign company.  But, as the license application is troublesome and takes time, they try to make use of the license exception of publicly available technology.  For example, a Japanese company upload the licensed technology into their web site (making it publicly available) and the upload time onto the web was actually informed to the partner foreign company beforehand.  Just after the foreign company download the specific information, the Japanese company immediately delete the information on their web site.

This transaction was not illegal (but seems evasion of the law), but not any more.