[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
APEC Agreements and Declarations |
[Database Search] [Name Search] [Noteup] [Help]
APEC Deregulation Report 2000
Japan
Chapter
10 : Deregulation/ Regulatory Review |
Objective
APEC Economies will facilitate free and open trade and investment
in the Asia-Pacific Region by, inter alia:
(a) Improving the transparency of regulatory regimes; and
(b) Eliminating those distortions arising from domestic regulations
that restrict trade or investment and are not necessary
to achieve a
legitimate objective. |
Guidelines
Each APEC economy will:
(a) explore economy-wide processes for the transparent identification
and review of those domestic regulations that may
cause distortions
that restrict trade or investment, ensuring that reviews consider whether
identified distortions
are necessary to achieve a legitimate objective;
and
(b) consider the adoption of regulatory reform programs that
seek to reduce the costs of regulation of particular industries
or sectors
whilst maintaining the achievement of legitimate objectives. |
Collective
Actions
APEC Economies have agreed to take collective actions to
help achieve these goals. These actions are contained in Collective
Action Plans (CAPs) which are updated annually. The current CAP relating
to deregulation/regulatory review
can be found in the Deregulation Collective
Action Plan.
APEC Principles to Enhance Competition and Regulatory
Reform
The APEC Leader’s Declaration of September 1999 endorsed
the following Principles: Non Discrimination
(a) Application of competition and regulatory principles in a
manner that does not discriminate between or among economic
entities
in like circumstances, whether these entities are foreign or domestic.
Comprehensiveness
(b) Broad application of competition and regulatory principles
to economic activity including goods and services, and
private and public
business activities.
(c) The recognition of the competition dimension of policy
development and reform which affects the efficient functioning
of markets.
(d) The protection of the competitive process and the creation
and maintenance of an environment for free and fair competition.
(e) The recognition that competitive markets require a good
overall legal framework, clear property rights, and non discriminatory,
efficient and effective enforcement.
Transparency
(f) Transparency in policies and rules, and their implementation. |
Accountability
(g) Clear responsibility within domestic administrations for the implementation of the competition and efficiency dimension in the development of policies and rules, and their administration.
Japan’s Approach to Deregulation/Regulatory Review in 2000
The Three-Year Deregulation Program will expire at the end of March 2001. The
Government however will continue to promote deregulation and regulatory reform in order to put the economy on a track to self-sustained recovery, and will move ahead with the formulation of a Three Year Program for the Advancement of Regulatory Reform.
-The economic plan “Ideal Socioeconomy and Policies for Economic Rebirth” will be steadily promoted.
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
General
Policy
Position |
No
further action taken |
Deregulation
will promote competition and contribute to rectifying the high-cost
structure of the Japanese
economy. It will
also encourage the creation of new business by giving scope for free
and creative innovation by companies. Deregulation
will also improve
market access and will be effective in harmonizing the Japanese economy
to international
norms.
-Regulations should be radically reviewed and abolished, when
necessary, regardless of the past process. Economic regulation
should
be based on the principle of
"freedom in principle with regulation only as
exception". Social regulations should be reviewed on an ongoing basis
because technological advancements have weakened
their significance
and necessity.
The basic idea in social regulation should be
to have only the minimum regulation necessary to achieve policy objectives. |
The
government will continue to promote deregulation and regulatory reform. |
Identification
and Review of Proposed Regulations |
No
further action taken |
On
March 23, 1999 the Government of Japan introduced “Public Comment
Procedure for Formulating, Amending
or Repealing a Regulation”
as a Cabinet Decision. In the Procedure, it is decided that administrative
organs shall formulate, amend or repeal a regulation after considering
comments and information |
No
further action planned |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
submitted
by the public in response to the public notice of a proposed regulation.
As a rule, forthcoming regulation shall be reviewed after a
certain period of time with a possibility of abolishment.
When drafting
a law including new systems and related regulations, Ministries and
Agencies shall incorporate
in their draft a clause requiring a review
of relevant regulations after the passage of a specified period of time
(hereinafter referred to as “review clause”),
except in such cases where a review is deemed regulations. When the
conclusion of such reviews is to maintain existing
regulations, the
responsible Ministry of Agency shall give clear explanations for the
need and justification
to do so. |
|
Identification
and Review of Existing Regulations |
“The
Three-Year Deregulation
Program” revised on March 30,
1999 has been further revised on March 31, 2000 to further reflect
the requests and opinions from the public
(including foreign people) as well as the results of the monitoring
by the Regulatory Reform Committee under the Administrative
Reform Promotion
Headquarters
(mandated to monitor |
-In
addition to actively implementing the measures set forth in the Three-Year
Deregulation Program, thorough
follow-ups has been conducted with regard
to the state of implementation.
. Publication of annual report detailing
actions taken to deregulate the domestic regulatory regimes
-Japan publishes "the White Paper on Deregulation” annually.
The White Paper published in August, 1999 reported
on the present state
of public regulations and deregulation efforts by the Government, |
Enhance
the transparency of the regulatory system
Medium term (2001-2005)
The Three-Year Deregulation Program will expire at the end of
March 2001. The Government however will continue to promote
deregulation
and regulatory reform in order to put the economy on a track to self- |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
implementation
of the program and address new deregulation challenges, previously called
the Deregulation
Committee). |
gave an
outline of the program, discussed the impact of deregulation on national
life, and provided information
on its effects. |
sustained
recovery, and will move ahead with the formulation of a Three Year Program
for the Advancement of
Regulatory Reform.
-The economic plan “Ideal Socioeconomy and Policies for
Economic Rebirth” will be steadily promoted..
Publication of annual report detailing actions taken to deregulate
the domestic regulatory regimes
Short term (2000) The White Paper on
Deregulation this year will report on the present state of public
regulations and deregulation efforts by the
Government, give an outline of
the program, discuss the impact of deregulation on national life,
and provide information on its effects. |
Reform
of Industry/Sector Specific Regulation |
|
1.
Before Deregulatory Action Program (FY
1993-1995)
-The Japanese government adopted the |
Eliminate
domestic regulations that are more restricting than necessary to fulfill
a legitimate |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
following
measures: Immediate Economic Measures (September 16, 1993), Fundamental
Principle of Administrative
Reform (February 15, 1994), and Guidelines
for Promotion of Deregulation (July 5,
1994). More than 90 percent of the items in
these measures have been implemented to date.
2. Deregulation Action Program(decided in March 1995, revised
twice in March 1996 and March 1997 by cabinet)
-Coverage: 2,823 items in 12 fields, about
99 percent of the items have been implemented.
3. "Economic Measures--toward steady economic recovery"(September
20, 1995 )
-Coverage: 37 items
4. APEC Osaka Meeting "Initial Actions"
(November 19, 1995 )
-Coverage: 50 items
5. Formulation of the economic plan “Ideal Socioeconomy
and Policies for Economic Rebirth” which includes
regulatory reform
policies. (adopted by the Cabinet, July 8,
1999)
6. Administrative Reform Committee "Views on Promotion of Deregulation
(Part I)"
(December 14, 1995) |
objective
Short/Medium term (2000-
2005)
Japan will implement the measures set forth in the
“Three-Year Deregulation Program as further revised”
of March 2000.
-The U.S.-Japan Enhanced Initiative on Deregulation and Competition
Policy will continue to be conducted in order to strengthen
the dialogue
between and reinforce the efforts of their governments under the U.S.-
Japan Framework for a
New Economic Partnership.
-New regulations will be held to the minimum necessary. When
instituting new regulatory measures, the
regulations will, in principle, be
reviewed after a fixed period of time.
-Local public bodies will be requested to review their |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
7.
Policy Actions on Market Access Issues as concerns Standards, Certification
and Others (approved by the
Office of Market Access, the Office of Trade
and Investment Ombudsman, March 1996, March 1997, March 1998, December
1998 March 2000.)
8. Survey on differentials between prices at home and abroad
concerning consumer goods, intermediate materials and services
were
conducted in 1997.
9. Administrative Reform Committee "Views on Promotion of Deregulation
(Part II)"
(December 16, 1996)
10. "The Program for Economic Structure Reform"(approved by
the Cabinet, December 17, 1996)
11. "Comprehensive program of logistics policies " (approved
by the Cabinet, April
1997)
12. "The Action Plan for Economic Structure
Reform" (approved by the Cabinet, May 16
1997, revised by the Cabinet on December
24, 1997 and January 29, 1999)
13. "White Papers on Deregulation"(July
1995, July 1996, August 1997, August 1998)
-They report on the present state of public |
regulations.
-Surveys on differential between prices at home and abroad will
be continued to annually. The results are expected to
contribute to
consideration within the government toward deregulation.
Short/Medium/Long term
(2000-2010)
-In order to promote deregulation measures, which contribute
to improved market access, active use will be made of complaint
handling
functions of the Office of Trade and Investment Ombudsman
(OTO).
-Japan (the Office of Market Access) will take the necessary
actions in
accordance with “Report of the
Comprehensive Review” (the Market Access Ombudsman Council,
December 7, 1998), which reviews past complaints handled
under the OTO,
and offers the Council’s proposals |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
Transportation
-Revision of the Law for the Railway Business Enterprise for
abolishing the demand/supply adjustment regulations on passenger
railway business, based on the
report of the Council for Transport Policy. (Promulgated in May 1999,
and implemented in March 2000.)
-The demand-supply adjustment regulations on the chartered bus
industry were |
regulations
in Japan and deregulation efforts in Japan by the Government, give an
outline of the program discuss
the impact of deregulation on national
life, and provide information on its effects.
14. Administrative Reform Committee "Final
Views"(December 12, 1997)
15. The Deregulation Committee under the Administrative Reform
Promotion Headquarters “First Report” (December
15,
1998)
16. "The Three-Year Deregulation
Program"(decided by the Cabinet on March
31, 1998, revised on March 30, 1999, further revised on March 31,
2000)
-Coverage: 1268 items in 16 fields, including
351 newly added items
-A briefing was held for foreign governments and other organizations
to outline the program on April 5, 2000.
-Revision of the program: The Government
has further revised the program, taking into consideration requests
and opinions from
the public (including foreign people) as well
as the results of the monitoring by the Regulatory Reform Committee
under the Administrative Reform Promotion Headquarters
(mandated to
monitor implementation of the program and address new deregulation challenges,
previously |
regarding
market access problems.
1.Transportation
-Revision of the Road
Transport Law for abolishing the demand/supply adjustment regulations
on omnibus and taxi industry, based on the report
of the Council for
Transportation Policy, with establishing the measure for the preservation
of safety, consumer
protection etc.
(Promulgated in May 2000, to
be implemented by FY 2001)
-Deregulation of port transport operational requirements from
license systems and removal the control over the balance
between supply
and demand
at the 12 major container
ports. The Reform Bill is to come force on November
2. Standards, Certification, Import Processing, and |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
abolished
in February 2000.
-Revision of the Road Vehicles
Act for expanding the validity of first renewal inspection certificate
of trucks under GVW eight tons and rent-a- cars
to two years from one
year. (Implemented in May
2000.)
-Revision of the Civil Aeronautics Law for abolishing the demand/supply
adjustment regulations on domestic air transport
was implemented in
February 2000.
-Revision of the
MarineTransportation Law for the abolishing the demand supply adjustment
regulations on domestic passenger liner service
was implemented in October
2000. |
called
the Deregulation Committee).
-Ensuring transparency of the revision process: When a conclusion
of the revision process goes against a request or opinion
from the public
for deregulation, the Government will clarify and explain the necessity
and the reason to
sustain the regulation concerned.
17. The Regulatory Reform Committee under the Administrative
Reform Promotion Headquarters “ Second Report on Regulatory
Reform”(December14,
1999.)
1. Housing and Land
-Revision of the structure of regulations in the Building Standard
Law with a view to shifting from designating specifications
regarding
materials, construction methods and dimensions to stipulating performance
regulations (Implementation
as of June
2000).
2. Transportation
-Review of the various technical regulations of railways such
as the intervals for the periodical technical inspection
of rolling
stocks. (March 1997)
-With respect to international cargo
transportation, in order to allow passage of fully-loaded ISO standard
40-feet and 20- |
Related
Matters
-With regard to review of Standards and Conformity Assessment
Systems, the proposed amendments of the
11 regulation laws for products
and facilities safety were submitted to the Diet and passed in August
1999. Most of them will be entered into force after
April 1st, 2000.
(Some laws will be entered
into force later.) Study the method for establishment of electronic
handling of agricultural chemicals registration aiming
at submission
of the application by utilizing electronic media
(FY 1999).
3.Financial Services and
Securities
-Liberalization of brokerage commission. (Sale price on more
than 0.5 billion yen will be liberalized in April 1998. Complete
liberalization
on October 1, 1999.)
4. Business Services/ |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
feet containers,
tractors and trailers manufactured to carry these containers have been
allowed to apply for
the relaxation of regulations.(March 1998)
-Extension of the period of validity of completion inspection certificates
to nine months from six months. (May 1998)
-Raise of the gross shipping tonnage required to board pilots in
Kobe harbor from more than 300 GRT to more than 10,000
GRT, coupled with necessary measures to ensure safety in the harbor.
(July 1998)
-Raise of the gross shipping tonnage required to board pilots in
Yokohama and Kawasaki harbor from more than 300 GRT to
more than 3,000
GRT except for dangerous goods carriers. (July 1999)
-Expansion of the range of cases in which
cost account statements can be omitted
from trucking rate notifications. (March 1997, March 1999)
-Enlargement of the operation zones of trucking businesses to cover
entire regional economic blocs. (March 1999)
-Revision of the Law for Ship Officers to
establish the recognition system for foreign crews
to boardJapanese-registered ships, by reorganising certifications issued
by the authorities of the Parties to the Standard for Training, Certification
and Watching (STCW)
Convention, in order to board such ship’s
officers on Japanese-registered ships
(Promulgated in May 1998,Implemented in |
Placement
and Supply Service of Personnel
Review of regulations on concurrence between employment placement
projects and worker dispatching undertakings. Dispatching
worker with
prearrangement (to be implemented December 1,
2000) |
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
May 1999)
-Revision of the Law for Ship Officers to establish the recognition
system for foreign crews to board Japanese-registered
ships, by reorganising
certifications issued by the authorities of the Parties to the Standard
for
Training, Certification and Watching (STCW)
Convention, in order to board such ship's officers on Japanese-registered
ships. (May
1999.)
3. Standards, Certification, Import
Processing and Related Matters
-Review of present systems of licensing and labeling regulation
relating to the manufacture and importation of cosmetics.
(FY 1996)
-Expansion of allowable cosmetic ingredients for each cosmetic category
in the Comprehensive licensing Standards for Cosmetics
by Category.
(FY 1996)
-The approval application process has been streamlined for "set products",
where articles already approved for the company
are
simply combined, in cases where there is no concern that quality
control problems arise.
(FY 1996)
-The scope of medical devices that do not require partial change
approval for cases of dimensional changes or addition
of components
has been expanded. (FY 1996)
-With regards to the soft contact lenses, |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
when the
method of use is changed by the addition of an antiseptic solution after
approval, its re-examination
has not been unnecessary if the way for
confirming its effectiveness and safety does not have problem. (FY 1996)
-Some of the 11 categories of liquefied
petroleum gas equipment and appliances certified by the government
were excluded from regulation, others became self-
confirmed. (May 1996)
-Of the 10 types of gas equipment and
apparatus in the 5 categories certified by the government, 3 types
in 3 categories were transferred to self-confirmation
categories, and
1 category was excluded from
regulation. Of the 3 types of gas equipment and appliances in the
3 categories requiring self-confirmation, 1 category
was excluded from
regulation. (May 1996)
-The scope of pharmaceuticals was
reviewed, and some of vitamins are allowed to be on the market as
foods regardless of the shapes of pharmaceuticals (capsules,
tablets,
pills). (FY 1996)
-Some of herbs treated as pharmaceuticals have been re-categorized
into foods. (March
1998)
-Permission to use products equivalent to products with Better Living
approval mark is government housing construction
projects.
(FY 1997)
-When it poses no problem in terms of |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
product
quality, kit products that combine pharmaceutical with medical devices
treated as medical (FY 1997)
.-Medical supplies that are managed under
previously assessed radiation sterilization levels will be allowed
to be shipped without further sterilization tests,
to the extent that
safety can be assured. (FY 1997)
-The scope of pharmaceuticals was
reviewed, and some of minerals are to be allowed on the markets as
foods regardless of the shapes similar to pharmaceuticals
(capsules, tablets, pills). (FY 1998)
-Japan extended the period of validity for licenses and identification
certificate for selling drugs for animals.
-Japan abolished the Import Report. (FY
1997)
-Japan abolished the Export Inspection Law and Export Commodities
Design Law. (April
1997)
-Reviewing the scope of products covered by the Household Goods Quality
Labeling Law (textile products, electrical appliances,
plastics and
miscellaneous manufactured goods, and etc.), to expand the flexibility
of
labeling methods, to implement international
harmonization of evaluation methods, and to expand the use of designated
terms in
English in labeling the composition of fiber of
the textile products. (Implementation from
October 1997 in order)
-The national inspection system of pearls |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
Business
Services/Placement and Supply Service of Personnel (1) Review of regulations
on fee-charging employment
placement projects The followings have been
implementing (Since December 1, 1999): widening the types of trade that
can be dealt in the fee-charging employment placement projects; extension
of the terms of validity of business
licenses; relaxation of the requirements
for business licenses; and relaxation of the regulations on commissions
charged.
(2)Review of regulations on concurrence between employment placement
projects and worker dispatching undertakings
Relaxation of the requirements
for business has been implementing (Since December 1,1999) |
for export
was abolished in January 1999.
4. System for Corporate Structure
Amendments on the Commercial Law establishing the system of
Stock Exchange/Transfer have passed to the Diet in August
1999. The
amendment was implemented on October 1999.
Amendments on the Commercial Lao
establishing the system of corporate division has passed to the Diet
in May 2000. The amendments will be implemented within
one year of promulgation.
5. Financial Services and Securities
-Review of the various reports submitted by securities houses.
(In January 1996, eight report types were abolished. In
April 1996,
over 100 types of report were abolished or simplified.)
-As to the range of firms eligible to be registered under relaxed
standards as special rule issues on the Over-the-Counter
market, "R&D-based
companies" has been revised to "new venture businesses
including service companies" in the
registration standards. (Japan Securities
Dealers Association rules amended in April
1996)
-Legal books mandated under the Securities and Exchange Law may now
be maintained |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
(3)Review
of regulations on free employment placement projects Extension of the
terms of validity(3 years
to 5 years) and relaxation of the requirements
of the business license have been implementing (Since
December 1, 1999).
(4) Review of regulations on worker dispatching undertakings
Negative listing
in accordance with rational and
objective standard has been implementing (Since December 1, 1999).
Medical
treatment is designated by the Cabinet Order as a prohibited type
of dispatched work. |
and preserved
on electronic media. (April
1996)
-Restrictions on the Employee Pension Fund's asset investments, formerly
applied to individual trust bank, were abolished.
Restrictions are now
imposed on the investment of assets as a whole. (April
1996)
-Raising the exemption ceiling beyond which approval is required
for setting up overseas deposits and trusts by residents
in foreign
currency denomination for the purpose of portfolio investment. (from
100 million to
200 million). (April 1996)
-Deregulation on the account current radically, including introduction
of the multi-
netting, abolition of limitation by industry and limitation on amount
of book entry, and expansion of the scope of the
becoming an account
current party. (March 1997)
-Legal books of Investment trust
management company have been made and preserved by the electric media.
(August 1997)
-Japan lift a ban on issuance of yen bonds by Foreign commercial
bank. (April 1997)
-Japan abolished the official requirements
for the inauguration of a financial organization's branch. (July
1997) -Japan revised of business area regulation about
the subsidiary classified by business status.
(October 1997)
-The Bill for reform of financial system, |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
involving
amendments to 24 laws altogether, has passed the Diet and most of which
will
be implemented from December 1998. The
main pillars of this reform are as follows.
(1) Expansion in Means of Asset InvestmentThrough amendments
to Securities Investment Trust Law, Securities and Exchange
Law, Banking
Law, etc., the changes will make ways for:
(i) Enhancements to investment trusts by way of (a) launching new
investment trust products (b) Liberalizing product design
(c) Introducing
over-the-counter sales of investment trust by banks and other institutions.
(ii) Full liberalization of the securities derivatives
(iii) Expansion of the definition of securitiesThese will cater for
broader range of products available to the investors,
such as securities
derivatives, but also for over- the-counter sales of investment trust
by banks and other
institutions.
(2) Provision of Attractive Services through Active Intermediations.It
is designed to liberalize securities company services
and fees, encourage
new entries, and provide for reforms designed to make it easier for
market participants to receive higher-quality
services from financial institutions through:
(i) Liberalization of services in terms of (a) |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
diversification
of securities company services (b) diversification of asset investment
businesses
(ii) Price liberalization in the forms of (a) full
liberalization of brokerage commissions
(brokerage commission that applies to transaction value in excess
of \50 million was liberalized in April 1998, and full
liberalization will be completed by the end of
1999) (b) reform of the rating organisation system (eliminating the
obligation for member insurers of the rating organisation
to use premium
rates calculated by the rating organisation for fire, automobile, and
other insurance products. For example, the
full liberalization of fees will make it possible to launch "wrap
accounts" which in the US have enabled individual investors
to receive
asset management services.
(iii) Promotion of new entry to the market by way of (a) Shifting
from licensing to registration system for securities
companies
(b) Promotion of cross-sectoral entry (e.g. banks entering into insurance
business) (c) Revision of the provision consequent
upon the ratification
of the WTO Protocol on Financial Services.
(3) Create Diverse and Distinctive Market
Systems
(i) We will provide investors and fund-raisers with a variety of
markets and fund-raising channels rather than only the
traditional |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
exchange
markets through:
(ii) Abolishment of requirement of consolidation of order-flow for
listed securities
(iii) Reviewing the operations of exchange markets
(iv) Reinforcement of registered over-the- counter market functions
(v) Introduction of proprietary trading
systems (PTSs)
(4) Build Framework that Enables Users to Make Transactions
with ConfidenceWhile adhering to the principle of self- responsibility,
we will also enhance disclosure requirements and formulate fair trading
rules so as to ensure that markets
are fair and reliable. In addition,
under the transparent rule based framework, we will ensure the soundness
of financial intermediaries, and will also prepare for frameworks for
protecting investors and policyholders in the
event of failure. These
will be achieved through:
(i) Enhancing disclosure requirements and
frameworks for fair trading by (a) providing for consolidated disclosure
covering both parent and subsidiary companies.
(b) Formulating and enhancing
fair trading rules to prevent unfair trading activities
(ii) Ensuring the soundness and fairness of
intermediaries and enhance investor protection through (a) enhancing
rules |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
governing
actions taken by securities companies etc. and (b) reviewing the disclosure
systems on financial
institutions
(c) preparing for subsidiary rules (d)
reviewing capital adequacy rations for securities companies (e) creating
new securities investor protection fund (f) creating
Life Insurance
Policy holders Protection Corporation of Japan, and Non- life Insurance
Policy-holders Protection
Corporation of Japan
6.Business Services/Placement and Supply
Service of Personnel
(1). Worker Dispatching undertakings
Worker dispatching undertakings are governed by the Worker Dispatching
Law. A General Worker dispatching undertaking requires
permission, while
a Specified
Worker dispatching undertaking requires
notification. The Worker Dispatching Law allows in principle the
use of dispatched workers in all occupations, with the
exception for
(a)port transport services,
(b)construction work, (c)guard services, (d) medical treatment,(e)manufacturing
for the present.(except a part of services).
The law regulates that
employers of worker dispatching undertakings and the clients
shall take measures to promote the stability
of employment and welfare of dispatched workers. |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
(2)Private
Employment Placement Projects Private employment placement projects
are divided into fee-charging
services and free-of-charge services.
Both of these may
be offered only by those who have obtained
the Labour Minister's permission(notification in the case of free-of-charge
employment exchange services conducted by
schools, etc.). Fee-charging
employment placement projects are allowed in all occupations, with the
exception
for (a)port transport services and (b)construction work. The
free-of-charge employment exchange service is not subject
to regulation
with respect to the types of occupation. The Law regulates the
measures for workers' security and smooth labour supply and demand.
7. Energy.
The Petroleum Council issued a report which recommended the
abolition of regulations concerning supply and demand adjustments
in
the refining industry during non-crisis periods in June 1998. The
revised Gas Utility Industry Law and relevant
rules, which include expansion of the scope of liberalization of
retail supply and re- examination of regulatory procedures
for reducing
the gas rate, were entered into force in November 1999. The revised
Electricity Utility Industry
Law and relevant |
|
Japan’s
Approach to Deregulation/Regulatory Review in 2000 |
|||
Section |
Improvements
Implemented
Since Last IAP |
Current
Regulatory Review Policies / Arrangements |
Further
Improvements
Planned |
|
|
rules,
which include liberalization of retail supply to extra-high voltage
customers and introduction of a
new rate system, were entered into force
in March 2000.
8. Other
-Review of the point system for mixed feed.
(Revision of the Customs Tariff Law and other legislation on April
1, 1996)
-The Japan Racing Association (JRA), shall, with respect to maintaining
the integrity of Horse Racing in Japan, establish
the system for the
registration as a Race Horse Owner
for persons residing abroad, which is
applicable to all international horse races of
JRA. This system was effective in January
1999. |
|
Improvements
in Japan’s Approach to Deregulation/Regulatory Review since 1996 |
||
Section |
Position
at Base Year (1996) |
Cumulative
Improvements Implemented to
Date |
General
Policy
Position |
Regulations
should be radically reviewed and abolished, when necessary, regardless
of the past process. Economic
regulation should be based on the principle
of "freedom in principle with regulation only as exception". Social
regulations should be
reviewed on an ongoing basis because technological
advancements have weakened their significance and necessity.
The basic idea in social regulation should be to have only
the minimum
regulation necessary to
achieve policy objectives. |
No
further action taken |
Identification
and Review of
Proposed Regulations |
|
|
Identification
and Review of
Existing Regulations |
|
|
Reform
of Industry/Sector
Specific Regulation |
The
Japanese government has adopted the following measures: Immediate Economic
Measures
(September 16, 1993), Fundamental Principle of Administrative Reform
(February 15, 1994), and Guidelines for Promotion
of Deregulation (July
5,
1994). More than 90 percent of the items in these measures have been
implemented to date. |
No
further action taken |
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/apec/other/agrmt/adr2000j263