Annex II

 

Annex II

Reservations for Measures referred to in Paragraph 3 of Article 8

 

“Obligations under this Agreement” specifies the obligations under Articles 2, 3 and 7 for which a non-conforming measure is maintained or may be adopted.

 

Part 1

Reservations of the Lao People’s Democratic Republic

 

 

 

Sector or Matter

 

Obligations under this Agreement

1.   Manufacture of all types of weapons

National Treatment (Article 2)

Most-Favoured-Nation Treatment (Article 3)

 

2.   Manufacture for processing of all types of narcotic drugs

 

National Treatment (Article 2)

 

3. Manufacture of cultural items destructive of the national culture and tradition

 

National Treatment (Article 2)

 

4.   Manufacture of chemical substances and industrial waste hazardous to human life and environment

 

National Treatment (Article 2)

 

 

5. Manufacture of wood and wood products

 

National Treatment (Article 2)

6.   Exploitation of timber and         non-timber forest products of natural forest

 

National Treatment (Article 2)

 

7.   Hunting, trapping, wildlife propagation including related service activities

 

National Treatment (Article 2)

 

 

8.   Operation of fish hatcheries in the Mekong River

 

National Treatment (Article 2)

 

9.   Production and processing of local fishes

 

National Treatment (Article 2)

 

10. Security activities

 

National Treatment (Article 2)

11. Activities of political organisation

 

National Treatment (Article 2)

12. Funeral and related activities

 

National Treatment (Article 2)

 

13. Pedagogy, teaching of other religious and producing specialist for national security

 

National Treatment (Article 2)

 

14. All Sectors-Ownership, utilisation of land (*)

 

National Treatment (Article 2)

15. Mining (*)

 

National Treatment (Article 2)

16. Nuclear energy

National Treatment (Article 2)

 

17. Energy, except nuclear energy (*)

 

National Treatment (Article 2)

18. Gambling

 

National Treatment (Article 2)

 

19. Subsidies

 

National Treatment (Article 2)

 

20. Broadcasting and television

 

National Treatment (Article 2)

 

21. Retail and wholesale services(*)

 

 

National Treatment (Article 2)

22. Share purchasing of the state-owned enterprise

 

National Treatment (Article 2)

 

23.  Ownership of domestic and international electricity transmission grids

 

National Treatment (Article 2)

 

24. Domestic electricity distribution

 

National Treatment (Article 2)

25. Telecommunication (*)

 

Prohibition of Performance Requirements (Article 7)

 

26. Air and railway transportation

 

National Treatment (Article 2)

 

27. Banking and other financial services

 

National Treatment (Article 2)

 

 

28. All Sectors – ASEAN

Most-Favoured-Nation Treatment              (Article 3)

Note:  If the     Lao   People’s Democratic Republic enters into an ASEAN agreement on investment after the date of entry into force of this Agreement, it shall, upon the request of Japan, consider according to investors of Japan and their investments treatment no less favourable than that it accords, in like circumstances, to investors of non-Contracting Party which is a member country of   the ASEAN pursuant to such ASEAN agreement.

 

 

 

 

 

* Any amendment or modification of an existing measure or adoption of a new measure shall not be more restrictive to existing investors of Japan and their investments than the measure applied to such investors or investments immediately before such amendments or modification or adoption.

 

“Existing investors of Japan and their investments” mean investors of Japan whose investments are present in the Area of the Lao People’s Democratic Republic, and investments of investors of Japan that are present in the Area of the Lao People’s Democratic Republic, immediately before the amendment or modification.     

 

 

Part 2

Reservations of Japan

 

Sector or Matter

 

Obligations under this Agreement

 

 

 

1.       Aerospace Industry

 

 

 

2.       Arms and Explosives Industry

 

 

 

3.       Broadcasting Industry

 

 

 

4.       Energy

 

 

 

 

5.   Fisheries within the Territorial Sea, Internal Waters, Exclusive Economic Zone and Continental Shelf

 

 

6.       Land Transaction

 

 

 

7.   Maintenance, Designation or Elimination (including privatisation) of a Public Monopoly

 

8.   Maintenance, Establishment or Disposal (including privatisation) of a State Enterprise

 

9.   Public Law Enforcement and Correctional Services and Social Services

 

 

 

10.     Subsidies

 

 

 

National Treatment (Article 2)

Prohibition of Performance

Requirements (Article 7)

 

National Treatment (Article 2)

Prohibition of Performance

Requirements (Article 7)

 

National Treatment (Article 2)

Prohibition of Performance

Requirements (Article 7)

 

National Treatment

(Article 2)

Prohibition of Performance

Requirements (Article 7)

 

National Treatment(Article 2)

Most-Favoured-Nation Treatment (Article 3)

Prohibition of Performance

Requirements (Article 7)

 

National Treatment (Article 2)

Most-Favoured-Nation Treatment (Article 3)

 

National Treatment (Article 2)

Prohibition of Performance

Requirements (Article 7)

 

 

National Treatment (Article 2)

Prohibition of Performance

Requirements (Article 7)

 

National Treatment (Article 2)

Most-Favoured-Nation Treatment (Article 3)

Prohibition of Performance

Requirements (Article 7)

 

National Treatment (Article 2)

Most-Favoured-Nation Treatment (Article 3)

 

 

 

 

 

 

 

 

 

 

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