Japan is a long-standing and active member of the World Trade Organization (WTO), having joined at its creation in 1995 after four decades under the GATT. Japan participates in all core WTO multilateral agreements and consistently supports the rules-based trading system.
In addition to its multilateral commitments, Japan is party to several WTO plurilateral agreements. Japan is a full signatory to the Government Procurement Agreement (GPA), under which it grants nondiscriminatory access to its central and sub-central government procurement markets and adheres to strict transparency and tendering disciplines. Japan is also a member of the Agreement on Trade in Civil Aircraft, eliminating tariffs on civil aircraft and many related parts. Japan further participates in the Information Technology Agreement (ITA) and the expanded ITA, both of which eliminate tariffs on a broad range of IT goods, including semiconductors, computers and telecommunications equipment.
Although the Trade Facilitation Agreement (TFA) is a multilateral agreement and not a plurilateral one, Japan ratified it early and fully implements its customs-modernisation commitments. Beyond these agreements, Japan is an active participant in several WTO Joint Statement Initiatives, including negotiations on e-commerce, services domestic regulation and investment facilitation.
Collectively, these commitments demonstrate Japan’s substantial engagement in WTO-based co-operation.
As of 1 December 2025, Japan is a member of 20 free trade agreements (FTAs) and economic partnership agreements (EPAs), including:
See 1.2 Free Trade Agreements.
As of 1 December 2025, negotiations for several agreements are underway, but the following two negotiations are progressing relatively actively:
In response to the Trump administration’s additional tariffs and sector-specific tariffs, the Japanese and US governments reached a trade agreement in July 2025. In exchange for Japan’s commitment to make large-scale investments in the United States, among other things, the agreement reduced the tariff duties imposed on Japanese products under both the reciprocal tariffs and the sector-specific tariffs.
Japan is pursuing a strategy of actively advancing “multi-layered” economic diplomacy as a response to protectionism. Examples include expanding the CPTPP, expanding EPAs and investment agreements, and strengthening ties with Global South economies.
Customs Act
The core law governing Japan’s customs administration. It regulates:
This Act forms the legal basis for all enforcement and clearance operations.
Customs Tariff Act
This Act defines:
Temporary Tariff Measures Act
This Act provides:
It is amended frequently to reflect policy adjustments.
Customs is a regional branch of the Ministry of Finance, with eight customs offices established in Hakodate, Tokyo, Yokohama, Nagoya, Osaka, Kobe, Moji, and Nagasaki, as well as the Okinawa District Customs Office.
Japan does not maintain a comprehensive unilateral instrument equivalent to Section 301 of the U.S. Trade Act of 1974 or the European Union’s Trade Barriers Regulation. In particular, Japan has not adopted any domestic legislation that authorises the government to impose unilateral retaliatory measures – such as punitive tariffs or other sanctions – on the basis of a finding that another country’s trade policies or practices are unfair or discriminatory.
Japan’s overall trade policy framework is grounded in respect for multilateral disciplines, primarily those established under the WTO Agreements. As a matter of institutional design, Japan has consistently refrained from establishing a mechanism that would permit autonomous countermeasures outside the WTO dispute settlement process or applicable FTA/EPA procedures. Instead, Japan addresses adverse trade practices of other jurisdictions primarily through (i) the WTO dispute settlement system, (ii) bilateral or plurilateral consultations, and (iii) procedures available under the relevant FTAs/EPAs.
Accordingly, Japan does not operate a domestic “petition-based” mechanism analogous to Section 301 or the TBR that would allow private parties – whether domestic or foreign – to request ad hoc investigations into foreign government measures for the purpose of recommending unilateral retaliation. Nor are there regularly scheduled reviews of such matters under a domestic statute. Participation by non-domestic companies is therefore not a meaningful issue in this context, and no investigative reports of the type prepared under Section 301 or the TBR are issued.
Regarding developments in customs legislation, while no major updates were made in 2025, the following amendments were implemented:
Updates at a more practical and subordinate legislation level include the following:
The Ministry of Finance aims to implement the following revisions in FY2026:
The primary legislation governing sanctions in Japan is the Foreign Exchange and Foreign Trade Act (FEFTA). Based on this Act, multiple sanctions programmes are implemented under the jurisdiction of the Ministry of Finance (MOF), the Ministry of Foreign Affairs (MOFA), and the Ministry of Economy, Trade and Industry (METI). Most of Japan’s economic sanctions programmes are based on United Nations sanctions or international co-ordination with other countries such as the United States, although some unilateral sanctions measures are also implemented. The main targets include North Korea, Russia, Belarus, and Iran (unilateral sanctions apply only to North Korea).
Acts regulated by sanctions based on FEFTA include the following:
In addition to FEFTA, sanctions based on the following laws also exist:
The types of sanctions are defined based on FEFTA. Cabinet Orders subordinate to FEFTA, such as the Export Trade Control Order and the Foreign Exchange Order, grant the competent ministers the authority to designate specific regions, entities, individuals, etc, subject to each sanction measure (import/export, payments, etc). Based on these laws and regulations, each competent minister establishes public notices designating the entities, etc, subject to sanctions.
The government agencies responsible for the regulation and enforcement of sanctions differ depending on the type of transaction subject to regulation and the basis for the sanctions.
Sanctions Based on International Co-Ordination, etc
When the MOF or the METI deems it necessary for the “fulfilment of international treaties, etc, (eg, UN Security Council Resolutions)” or for "contribution to international peace (eg, co-ordination with G7 countries)”, sanctions are enforced with the following division of roles:
It should be noted that the authority to designate individuals and entities subject to sanctions regarding these transactions (service transactions, payments, etc, and capital transactions) is delegated from both ministers to the Minister of Foreign Affairs.
Japan’s Unilateral Sanctions (Countermeasures)
When it is determined that unilateral sanctions are necessary to maintain Japan’s peace and safety, they are implemented following a Cabinet Decision and approval by the Diet. In this case as well, actual enforcement is carried out by the Minister of Finance or the Minister of METI depending on the type of transaction.
The obligation to obtain a licence or approval based on FEFTA applies, in principle, to the following “residents” and “non-residents”:
Specifically, the persons required to obtain a licence in transactions subject to sanctions are as follows, depending on the type of transaction:
The Minister of Foreign Affairs designates individuals and entities subject to sanctions upon delegation from the Minister of Finance or the Minister of METI (see 3.2 Legal or Administrative Authorities Imposing Sanctions). Lists of economic sanction measures and subject persons are published on the websites of the MOF and the METI according to the type of transaction subject to sanctions, and are updated as necessary.
Japan implements a principle ban on imports and exports with North Korea and the self-proclaimed “Republics” of Donetsk and Luhansk, as well as a ban on imports from the Republic of Crimea and the City of Sevastopol. Additionally, Japan implements export bans on a wide range of products to Russia and Belarus (industrial machinery, high-performance semiconductors, and related technologies, etc, that involve a risk of military diversion), and import bans on specific products from Russia (including alcoholic beverages, wood, and crude oil and petroleum products exceeding the price cap (adjusted based on crude oil price trends)). Furthermore, Japan implements export bans centred on products with a high risk of military diversion, such as the ban on the export of products that could be diverted to nuclear technology, like rockets, vacuum pumps, and detonators, to Iran.
As unilateral sanctions, Japan prohibits the entry of North Korean nationals, ships, and aircraft into Japan/Japanese ports.
Japan does not apply secondary sanctions (ie, sanctions applied extraterritorially to persons outside Japan regarding transactions that have no nexus to Japan).
Penalties for violations of sanctions measures defined by FEFTA and related regulations are as follows, depending on the type of transaction. Note that penalties for juridical persons are imposed only when the violation by a natural person was committed in relation to the business or assets of the said juridical person.
Violations Regarding Payments, etc, Capital Transactions, and Service Transactions
Violations Regarding Import/Export
While Japanese law provides for obtaining a licence when conducting transactions subject to economic sanctions, such licences are not granted except for limited exceptions such as for humanitarian aid purposes.
As of 28 November 2025, specific compliance guidelines dedicated solely to sanctions do not exist, but the following initiatives regarding compliance systems are in place.
Provision of Guidelines and Inspections
The MOF provides guidelines regarding compliance with FEFTA and the Act on Prevention of Transfer of Criminal Proceeds to financial institutions and specific business operators subject to FEFTA. Furthermore, foreign exchange inspections are conducted to confirm whether these operators are complying with related laws and regulations.
Mandatory Establishment of Internal Systems (From 1 April 2024)
Financial institutions and specific business operators subject to FEFTA are obliged to establish internal systems to appropriately implement asset freezing measures in accordance with the standards prescribed in the Act. Specifically, they are required to conduct risk assessments for violations of asset-freezing measures and maintain lists of subject individuals and entities.
Post-Facto Audit System
FEFTA includes provisions for a post-facto audit system. Regarding payments, service transactions, and imports/exports subject to sanctions, if it is later discovered that approval from the Minister of METI was not obtained and there is a possibility of a violation, the Minister conducts a post-facto audit to determine the cause and prevent recurrence.
In this audit, business operators are required by METI to clarify the facts and, if the case constitutes a FEFTA violation, to formulate measures to prevent recurrence.
The following relevant systems are in place.
FEFTA
Under FEFTA, banks, other financial institutions, and certain other specific business operators (funds transfer service providers, crypto-asset exchange service providers, etc) are prohibited from conducting transactions unless they confirm that the payments or capital transactions subject to sanctions have been authorised by the competent minister.
Act on Prevention of Transfer of Criminal Proceeds
The Act on Prevention of Transfer of Criminal Proceeds obliges financial institutions, etc, to report “suspicious transactions” to the government, including transactions suspected of being related to specific crimes, terrorism, and imports/exports violating economic sanctions.
Japan does not have blocking statutes, anti-boycott regulations, or other regulations prohibiting the observance of sanctions of other countries.
As of 28 November 2025, no particularly significant amendments have been made, except for some modifications to identity verification procedures following the amendment of the Act on Prevention of Transfer of Criminal Proceeds, and continuous updates to lists of persons subject to sanctions related to Russia/Belarus (response to the situation in Ukraine) and North Korea (regarding nuclear development), etc.
As of November 2025, no major changes are planned.
FEFTA is the basis for export controls. The goods and technologies subject to control are prescribed in Cabinet Orders, which are delegated by FEFTA; however, the governing laws and regulations differ depending on whether the subject is “goods” or “technology”.
Thus, a characteristic of the system is that while the export of goods and the provision of technology are both based on FEFTA, they are generally prescribed in parallel in the subordinate laws and regulations. Furthermore, since many matters important for understanding the regulations are described in Circular Notices (Tsutatsu), confirmation of related Circular Notices in addition to laws and regulations is indispensable in practice.
Also, regarding export controls, the operation regarding deemed export controls changed in May 2022 and has been tightened. Previously, regarding the provision of technology within Japan, even if the recipient was a foreign national, the provision of technology to a resident was outside the scope of regulation. However, since May 2022, regardless of nationality (ie, even if the person is Japanese), the provision of technology to residents who are strongly influenced by non-residents is also subject to export controls, and a licence is required when providing controlled technology.
Please refer to 4.1 Export Controls.
Juridical persons and individuals intending to export goods or transfer technology subject to export controls must obtain a licence from the Minister of METI.
In Japan, there are two types of export controls for goods and technology: list control and catch-all control. The items subject to these export controls and the persons required to obtain a licence are as follows.
Export Control of Goods
Export Control of Technology
METI creates and updates as needed a list of foreign end users who may be involved in the development, manufacture, use, or storage of weapons of mass destruction or conventional arms (“End User List”).
Exporters/technology transferors must confirm whether the end user falls under this End User List when determining whether exports or technology provisions to destinations other than Group A countries are subject to catch-all control. If the end user is listed on the End User List, the exporter/provider must obtain a licence from the Minister of METI, unless it is obvious that the goods or technology will not be used for the development, manufacture, use, or storage of weapons (the “Obvious Guidelines” are also published). For details, please refer to 4.12 Key Developments Regarding Exports.
Please refer to 4.4 Persons Subject to Export Controls. As mentioned in 4.1 Export Controls, the Export Order and the Foreign Exchange Order prescribe export controls and include lists of sensitive exports/technology transfers (list control). These lists are created and updated in accordance with international export control regimes (Nuclear Suppliers Group, Missile Technology Control Regime, Australia Group, and Wassenaar Arrangement), etc; therefore, controlled items are basically identical to those designated by these regimes.
Please refer to 4.4 Persons Subject to Export Controls. In addition to list controls, there are also catch-all controls.
Administrative sanctions and criminal penalties apply to persons who export controlled goods or provide (transfer) controlled technology without obtaining a licence.
Administrative Penalties
Natural persons or juridical persons who violate the export control-related provisions of FEFTA may face administrative sanctions imposed by the Minister of METI prohibiting all (or part) of their exports or technology provisions for up to three years.
Criminal Penalties
Natural persons who violate the export control-related provisions of FEFTA may face criminal penalties, including imprisonment for not more than seven years (not more than ten years for goods/technology related to WMD), and/or a fine of not more than 20 million yen (not more than JPY30 million for goods/technology related to WMD) or five times the value of the exported/provided goods/technology, whichever is higher.
If a natural person (ie, a representative or employee) commits a violation in relation to the business of a juridical person, the juridical person may also be subject to a fine of not more than JPY700 million (not more than JPY1 billion for goods/technology related to WMD) or five times the value of the exported goods or provided technology, whichever is higher.
If goods and technology are subject to export controls, either an individual licence for each transaction or a bulk licence (general licence) is required. Regarding bulk licences, the available types differ depending on the item, export destination, etc.
Parties who repeatedly export goods or provide (transfer) technology controlled under FEFTA are obliged to comply with standards establishing conditions related to internal compliance systems (Exporters’ Compliance Standards). Furthermore, as one of the conditions for obtaining specific bulk licences, parties are required to establish an internal compliance programme (CP) adopting specific processes designated by METI and to file it with METI.
Examples where parties are requested or obliged to report to authorities include the following:
Review of Catch-all Control
Following the amendment enforced on 9 October 2025, a review of catch-all control was conducted for the first time in 12 years since 2013.
Expansion of conventional arms catch-all
Under this amendment proposal, the scope of the conventional arms catch-all was expanded. As an “objective condition”, a new “end user requirement” was established in addition to the existing end use requirement. Furthermore, the end use and end user requirements, which previously applied only to exports to UN arms embargo countries, now apply to exports to “general countries” (countries other than UN arms embargo countries and Group A countries).
Strengthening measures against circumvention exports for exports to Group A countries
Previously, exports, etc, of non-list controlled items (Item 16 goods) destined for Group A countries were uniformly outside the scope of catch-all control. With this amendment proposal, the "Informed" system (notification by the Minister) has become applicable to exports, etc., to Group A countries. Specifically, it was decided that the Minister of METI can oblige exporters to apply for a licence by notifying them, even for exports to Group A countries, if there is a risk of circumvention export to countries of concern.
Creation of the Public-Private Dialogue Scheme for Enhanced Technology Management
This scheme, which commenced application on 30 December 2024, is a system that designates technologies that are outside list control but require particularly enhanced management as “important management target technologies” and requires prior reporting based on FEFTA upon their transfer.
Rationalisation of Export Regulations
Following the amendment enforced on 15 November 2025, the following temporary removal (export) by government agencies was made licence-free:
Amendment of Export Control Items regarding Critical and Emerging Technologies
With the amendment to be enforced on 14 February 2026, the following three items were added as goods subject to export control:
Rationalisation of Export Regulations
Also with the amendment to be enforced on 14 February 2026, the export of accessories or parts for the maintenance and repair of defence equipment exported to countries with which a Defence Equipment and Technology Transfer Agreement has been concluded was made subject to the bulk licence system, limited to such accessories or parts.
According to METI, ensuring the maintenance and repair of equipment after transfer is important in addition to the transfer of the equipment itself. Under the old system, when transferring accessories or parts of equipment, it was necessary to apply for an export licence for the parts and quantity to be transferred each time, which could make the rapid transfer of parts difficult. This measure can be said to be part of the promotion of the defence industry by the Japanese government.
Addition of Target Technologies in the Technology Management Scheme via Public-Private Dialogue
While 15 technologies are currently designated as subject to prior reporting under the scheme, the following four technologies will be newly added by the amendment to be enforced on 14 January 2026:
The main statutory framework for Japan’s trade-remedy measures – anti-dumping duties (AD), countervailing duties (CVD) and safeguard (SG) actions – is set out in the following instruments:
Various government agencies would be involved in the decision-making process – in particular, the Ministers of Finance, METI, MAFF, and any other minister responsible for the specific goods or industry that is subject to the trade remedies.
The initiation of investigations into each trade remedy measure is typically carried out by companies or industry associations handling the relevant goods. However, MOF and METI are also authorised to initiate investigations on their own initiative. Furthermore, under the recently enacted Economic Security Promotion Act (ESPA), it is provided that any relevant responsible government agency may also take the initiative to launch an ex officio investigation regarding, inter alia, specified critical minerals.
In Japan, the review process is launched at the initiative of interested parties; in that sense, there are no regular reviews. For instance, with respect to AD, there are three types of reviews, namely, new shippers review, change of circumstances review and sunset review.
For more details on the review proceedings conducted once trade remedies are imposed, please see 5.9 Frequency of Reviews.
In Japan, non-domestic companies are allowed to participate in the investigation as interested parties. For review proceedings that will be conducted once trade remedies are imposed, please see 5.10 Review Process.
Procedure for Imposing Anti-Dumping (AD) Duties
The standard sequence and approximate timeline for an AD investigation are outlined below.
Procedure for Imposing Countervailing Duties (CVD)
The procedural steps and overall timetable for a CVD investigation generally mirror those used in an AD case, including petition review, questionnaires, verification, preliminary determination, disclosure, and issuance of the final determination.
Procedure for Imposing Safeguard (SG) Measures
The usual steps and indicative timeline for an SG investigation are as follows.
During a trade-remedy investigation, the investigating authority issues several types of reports.
In addition, during anti-dumping (AD) and countervailing duty (CVD) investigations, the authority must also furnish interested parties with a written disclosure of essential facts – a document summarising the key facts that will serve as the basis for the final determination (see 5.6 Investigation and Imposition of Duties and Safeguards).
This matter is not relevant in this jurisdiction.
The frequency of each review, except for the sunset review, is not specifically defined.
Review of AD
There are several review processes for AD measures, as detailed below.
New shippers review
A new shipper may request initiation of an investigation to calculate their individual dumping margin. The investigation should be completed promptly and within one year but can be extended for up to six months.
Change of circumstances review
Interested parties may request initiation of an investigation to review the AD measure once the measure has been in force for at least one year. The review will examine whether there are any changes in circumstances relating to dumping, injury of domestic industry, and their causation. The investigation should be completed within one year but can be extended.
Sunset review
Domestic industry members may request initiation of a sunset review up to one year before the expiry of the AD measure. The review will examine whether the AD measure should be extended. The investigation should be completed within one year but can be extended.
Review of CVD
There are several review processes for CVD measures, as detailed below.
Review to reflect actual subsidy amount
Exporters not subject to the initial investigation may request initiation of an investigation to calculate their individual duty rate on the ground that the CVD rate differs from the actual amount of subsidies for the subject goods. The investigation should be completed promptly and within one year but can be extended for up to six months.
Change of circumstances review
Interested parties may request initiation of an investigation to review the CVD measure once the measure has been in force for one year. The review will examine whether there are any changes in circumstances relating to subsidies, injury of domestic industry, and their causation. The investigation should be completed within one year but can be extended.
Sunset review
Domestic industry members may request initiation of a sunset review up to one year before the end of the CVD measure. The review will examine whether the CVD measure should be extended. The investigation should be completed within one year but can be extended.
Review of SG
Domestic industry members may request initiation of a review, which will examine whether the SG measure should be extended. The investigation should be completed within one year but can be extended.
Preliminary and final determinations for imposing trade remedies are capable of being appealed to the district court.
This matter is not relevant in this jurisdiction.
The Japanese government is planning to amend its AD legislation to introduce an anti-circumvention system allowing the extension of existing AD measures to imports that circumvent the existing measures. The Ministry of Finance established an expert working group in September 2025 to propose specific system designs. It aims to implement related institutional reforms in FY2026.
In Japan, FEFTA and its subordinate regulations – the Cabinet Order on Inward Direct Investment, etc, and the Ministerial Order on Inward Direct Investment, etc – are the principal regulations governing foreign investment. In outline, when a “foreign investor” undertakes “inward direct investment” (such as acquiring shares in a Japanese company) or a “specified acquisition” (such as acquiring shares in an unlisted Japanese company from another foreign investor), the investor must generally submit either a prior notification or a post-transaction report, depending on whether the investment targets a “designated business”. For details, see 6.3 Transactions Subject to Investment Security Measures and 6.4 Mandated Filings/Notifications. Where a prior notification is submitted under FEFTA, the Minister of Finance and the minister with jurisdiction over the relevant business conduct the review.
The standard waiting (review) period is 30 days, but it may be shortened where there are no concerns. Although the review period can legally be extended to a maximum of five months, in practice, if the review cannot be completed within the initial 30 days, the competent authority for the business often requests that the notification be voluntarily withdrawn and resubmitted; consequently, there are not many cases where the review period is extended pursuant to the statutory provisions. In addition to FEFTA, certain sector-specific laws and regulations – such as the Civil Aeronautics Act, the Broadcast Act and the Radio Act – also regulate particular foreign investments by restricting foreign shareholding ratios.
When a prior notification is submitted under FEFTA, the Minister of Finance and the minister with jurisdiction over the relevant business (eg, the Minister of Economy, Trade and Industry (the Minister of METI)) conduct the review; in practice, the primary reviewing body is the International Investment Management Office of METI. If, as a result of the review, the relevant authorities determine that the investment may impair national security or similar interests, they may recommend modification or discontinuation of the investment and, ultimately, issue an order to that effect. The Bank of Japan serves as the receiving office for notifications.
In general, where a foreign investor undertakes inward direct investment or a specified acquisition in a company engaged in a designated business, the investor must submit a prior notification and a post-implementation report after the investment.
Where the target is a company not engaged in a designated business, prior notification is not required; however, a post-transaction report is required in cases such as the acquisition of shares in an unlisted company.
Foreign investors include, without limitation, the following:
Inward direct investment includes the following acts:
In general, where a foreign investor undertakes inward direct investment or a specified acquisition in relation to a designated business, prior notification is required. Designated businesses are specified in applicable public notices as relating to national security, the maintenance of public order, and the protection of public safety, and include the sectors listed below. The Ministry of Finance’s website provides the lists of designated businesses and, separately, the “core” businesses referenced below:
The Ministry of Finance has also published, for reference, a list of Japanese listed companies engaged in the following business categories:
For descriptions of the specified core, core designated and non-core designated businesses, see 6.5 Exemptions and 6.8 Key Developments Regarding Investment Security.
As a general rule, when a foreign investor acquires shares, equity interests, voting rights, etc, the prior notification exemption regime is available if certain conditions are satisfied.
However, the exemption is strictly limited or excluded for investors considered to require particularly careful review, such as newly established “specified foreign investors” and “quasi-specified foreign investors” (see 6.8 Key Developments Regarding Investment Security), persons sanctioned for FEFTA violations, and foreign governmental bodies and state-owned enterprises that are not accredited by the Ministry of Finance. The key exemption conditions for foreign investors not subject to these restrictions are as follows.
Investments in Listed Companies
For Foreign Financial Institutions: Even for investments related to designated businesses, prior notification is exempt if conditions (i)-(iii) below are satisfied:
Note: Even where the exemption is used, a post-transaction report is required once the shareholding ratio reaches 10% or more.
For General Investors (Non-Financial Institutions): Requirements differ depending on whether the target is engaged in a “core designated business” or a “non-core designated business.”
Note: Where a general investor relies on the exemption, post-transaction reporting is required upon first reaching 1% and 3% shareholding thresholds, and for each subsequent transaction after reaching 10% or more.
Investments in Unlisted Companies
Core sectors
Among the designated businesses, those deemed most likely to affect national security are designated as “core sectors”. These include all businesses relating to the following: weapons, aircraft, nuclear facilities, space, dual-use technologies, manufacture of pharmaceuticals for infectious diseases, manufacture of specially controlled medical devices, activities relating to critical minerals such as metal mining and smelting, construction works to develop and maintain port facilities on designated remote islands, importation of fertilisers (eg, potassium chloride), permanent magnets and their materials, machine tools and industrial robots, semiconductor manufacturing equipment, storage batteries and their materials, marine vessel components (eg, engines), and metal 3D printers and metal powder manufacturing. Certain parts of the following businesses are also included: cybersecurity, electricity, gas, telecommunications, water and railways, and oil.
If, during the prior notification review, the Minister of Finance and the minister with jurisdiction over the relevant business determine that the investment may impair national security or similar interests, they may recommend modification or discontinuation of the investment and, ultimately, issue an order to that effect. To date, however, the authorities have publicly disclosed only one such case, involving an investment in J-POWER. Failure to submit a prior notification, provision of false information in a prior notification, violation of the waiting period, and violation of an order to modify or discontinue the investment are punishable by imprisonment for up to three years, a fine of up to the higher of three times the investment amount or JPY 1 million, or both.
Where a foreign investor fails to submit a notification, or submits a false notification, and the case is considered likely to impair national security or similar interests, the investor may be ordered to divest its shareholdings or to take other remedial measures.
There are no fees for submitting notifications required under FEFTA.
Tightening of the Prior Notification Exemption Regime
The following series of amendments to the rules on inward direct investment came into force on 19 May 2025, focusing on foreign investors required to co-operate with intelligence activities of foreign governments.
Under this reform, two new investor categories – “specified foreign investors” and “quasi-specified foreign investors” – were introduced and clarified, and the availability of the prior notification exemption for investments in listed companies engaged in designated businesses was revised, resulting in a stricter approach towards “core” sectors and newly designated “specified core sector operators”.
Specified foreign investors
A specified foreign investor is a foreign investor (entity or individual) who falls under any of the following:
Specified foreign investors are entirely ineligible to rely on the prior notification exemption for any investment in a designated business; where the target is engaged in a designated business, a prior notification is required in all cases.
Quasi-specified foreign investors
Quasi-specified foreign investors are intended as a “backstop” category capturing investors who do not formally meet the criteria for “specified”, but who are subject to similar risks. Examples include:
Quasi-specified foreign investors cannot rely on the exemption when investing in specified core sector operators (see below). For other core sectors, they may rely on the exemption only if additional conditions such as the following are satisfied:
A “specified core sector operator” is:
Practical impact
Japanese authorities interpret Mainland China’s National Intelligence Law – which calls upon organisations and citizens to support and co-operate with the state’s intelligence activities – as imposing an “obligation to co-operate in providing information” upon all organisations and individuals in Mainland China. As a result, many China-related organisations face a risk of being classified as specified or quasi-specified foreign investors based on thresholds of voting rights, rights to appoint officers, or substantive influence over decision-making. Foreign financial institutions would also be unable to rely on the broad “bulk exemption” if they fall within the new “specified” or “quasi-specified” categories.
Expansion of Change-Reporting Obligations
These amendments also expanded the post-transaction (change report) obligations for foreign investors relying on a prior notification exemption. Investors are now required to submit a change report (within 45 days) in circumstances such as:
As at 29 November 2025, no major changes have been announced.
The supplementary provisions to the 2020 FEFTA amendments stipulate that, five years after enforcement, the government will consider introducing new regulations as necessary. However, in responses to public comments, the competent ministries have stated that the recent reforms concerning “specified foreign investors”, etc, were not adopted pursuant to those supplementary provisions.
Accordingly, further reforms are widely expected in the near future. In fact, the government appears to be considering establishing an “Inward Direct Investment Review Committee (Japan’s CFIUS)”, and there is a high possibility that a cross-ministerial body will be created to oversee reviews of inward direct investment.
In addition, while only direct investment is currently regulated, there is strong support for extending regulation to indirect investment, and an indirect investment regime may be introduced.
In recent years, the Japanese government has been implementing programmes encouraging domestic production, strengthening supply chains, and reducing import dependence in critical sectors, especially semiconductors, batteries, and industrial equipment. Japan has not adopted classic import-substitution subsidies but has implemented major economic-security-driven industrial support programmes. Those programmes include:
There are no standards or other technical requirements in Japan aimed at reducing imports and/or encouraging domestic production. The Japanese government has adopted technical regulations and standards in various fields to ensure the safety and quality of products, including the following:
There are no sanitary or phytosanitary requirements in Japan aimed at reducing imports and/or encouraging domestic production. The Japanese government has adopted various sanitary and phytosanitary requirements to ensure food safety and to prevent the incursion of animal and plant illnesses caused by imported products, including the following:
The Japanese government maintains a system supporting domestic production of agricultural and livestock products (dairy products, sugar, rice/grains, processing raw materials, etc) through subsidies, income stabilisation support, and equipment grants. Support is particularly clear in the dairy farming (milk, cheese, etc), processed sugar (sugar, etc), and grain/grain substitute crop sectors. For example, typical measures implemented by the Ministry of Agriculture, Forestry and Fisheries (MAFF) include the Processed Raw Milk Producer Subsidy Programme for dairy farmers and the Farm Income Stabilisation Programme for rice, wheat, soybeans, and other crops.
There are no state trading, state-owned enterprises or privatisation measures in Japan specifically aimed at reducing imports and/or encouraging domestic production. Nevertheless, the Japanese government has adopted state trading systems for the following products:
Further details on the state trading systems adopted by the Japanese government can be found in the notification made by the Japanese government to the WTO (G/STR/N/18/JPN)..
Japan is a long-standing party to the WTO Agreement on Government Procurement (GPA) and has also put GPA-style rules into its EPAs (EU, UK, CPTPP, etc). These all rest on national treatment and non-discrimination, and explicitly prohibit offsets such as local content or domestic preference requirements in covered procurement.
Thus, basically there is no such “buy local” policy or measures in Japan.
As an exception to this, defence procurement is largely outside GPA coverage or justified under national security exceptions, so this is where Japan most clearly uses procurement to encourage domestic production and reduce reliance on foreign suppliers. The Ministry of Defence’s Basic Policy on Enhancing Defence Production and Technological Bases states that, when acquiring new defence equipment, “procurement of domestic products is pursued” where certain conditions are met (ability to meet requirements, contribution to sustaining the domestic base, etc).
Japan does not employ geographical indication (GI) protection measures for the purpose of reducing imports or promoting domestic production. The Japanese GI framework is designed to protect the names of agricultural, forestry, fishery products, and foodstuffs whose qualities or reputations are attributable to their geographic origin, rather than to function as a trade-restrictive or industrial-policy instrument.
GIs in Japan are protected under the Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs (the “GI Act”). The GI Act provides a registration system that safeguards producers – both domestic and foreign – against misuse or imitation of registered GI names. Its operation is origin-neutral: foreign GIs are eligible for registration, and the number of protected foreign GIs has expanded significantly, particularly in connection with commitments under the Japan–EU Economic Partnership Agreement (EPA) and other trade arrangements.
Consistent with Japan’s international obligations, the GI system is not intended or applied to limit market access or to favour domestic production. Instead, it serves primarily to ensure consumer protection and to preserve the integrity and reputation of region-specific products. Information about the GI Act and the current list of registered GIs is available on the Japan Geographical Indications website.
There are no other significant issues or developments that have not been mentioned.
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Amendments to Japan’s Foreign Direct Investment Rules
On 4 April 2025, the Japanese government published a set of ministerial order-level amendments (the “Revised Ministerial Order”), which took effect on 19 May 2025. The amendments clarify and tighten the scope of the prior-notification exemption regime for acquisitions of listed shares and voting rights under the Foreign Exchange and Foreign Trade Act, introduce new investor categories (“Type A” and “Type B” investors) and materially expand the grounds that trigger post-transaction change reports. Counsel advising inbound investors, funds and domestic targets should treat these changes as operational and contractual risk drivers that require immediate attention in deal processes, fund structuring, and post-closing compliance regimes.
What has changed – headline points
Regulatory purpose and the scope of “co-operation”
The primary regulatory objective is to strengthen surveillance against foreign government-led intelligence collection activities. The public consultation responses accompanying the Revised Ministerial Order specify that ordinary regulatory or investigative obligations – for example, financial inspections, tax audits, labour regulator inquiries, or criminal investigations – are not intended to be captured by the “co-operation” concept. Nonetheless, the operative test remains whether an entity has an obligation to co-operate in intelligence activities, and that determination can be fact-specific and legally nuanced.
Key practical consequences
What to do now
The priorities for foreign investors, funds and their domestic counterparties are:
Conclusion
The May 2025 ministerial amendments tighten the framework for using the prior-notification exemption and broaden post-transaction reporting obligations under Japan’s foreign direct investment rules. The Revised Ministerial Order places a premium on accurate, documented investor self-assessment and on internal controls to detect reportable changes. For foreign investors, funds and their domestic counterparties, the immediate priorities are careful attribute review, strengthened post-closing monitoring, and readiness to adjust structures or processes in response to further Ministry of Finance guidance.
Enactment of a Security Clearance System in the Field of Economic Security
On 16 May 2025, Japan brought into force a new security clearance regime covering information deemed important to economic security. Unlike the pre-existing security clearance framework, the new regime is intended to apply broadly to private companies as well as public bodies. In particular, as the strengthening of economic security has been positioned as a major national policy in Japan, public-private dialogue has expanded markedly – especially in relation to enhancing the resilience of critical infrastructure and the supply chains for critical products. Against this background, the government has indicated the possibility of sharing classified information with private firms on the condition that those firms obtain security clearances in order to facilitate private sector use of such information. It is therefore important for foreign companies seeking to enter these areas in Japan to acquaint themselves with the new regime.
Overview of the new security clearance regime
Japan’s security clearance regime is broadly consistent with those of other countries and is designed, as part of the state’s information protection measures, to restrict access to information designated by the government as security sensitive to those who need access and whose reliability – that is, in terms of its low risk of disclosure – has been established. In effect, the regime consists of three elements: (i) designation of protected information; (ii) strict management and disclosure rules (information is provided only to holders of Facility Clearance and Personal Clearance); and (iii) penalties for unauthorised disclosure.
Japan already had a security clearance system in place, but the prior system targeted traditional security information (defence, diplomatic, counterterrorism, and counterintelligence information) and envisaged only limited sharing with the private sector. By contrast, the current regime is specifically focused on information important to economic security – namely information on critical infrastructure and supply chains for critical products (Critical Economic Security Information, or CESI) – and is notable for its clear expectation that such information will be shared with private entities to assist in strengthening the economic security of the nation.
An overview of the new security clearance regime was also published by AMT at the time the bill was enacted last year.
Procedures for obtaining security clearances
As noted above, the new regime provides, as in other jurisdictions, for Facility Clearance (FCL) and Personal Clearance (PCL). Prior to the law’s enforcement in May of this year, the government issued implementation standards and guidelines detailing the procedures for obtaining FCLs and PCLs.
Obtaining an FCL
An FCL is a clearance to be obtained by the organisation itself and is granted by the administrative agency that intends to disclose CESI. When an administrative agency offers to disclose CESI to a company, the company must submit an application for FCL certification to that agency and undergo an FCL review.
The standard for granting an FCL is whether the company can be recognised as capable of appropriately protecting CESI by establishing information protection rules and implementing the measures prescribed therein. Concretely, the following factors will be taken into account:
Accordingly, before submitting an FCL application, companies will need to prepare a range of measures, including drafting internal information protection regulations, designating protection officers, establishing training programmes, and equipping appropriate facilities.
The Japanese regime applies without distinction to domestic and foreign entities; being a foreign company does not automatically preclude FCL certification. Nevertheless, as noted above under “foreign influence”, actual FCL decisions will consider the extent to which foreign ownership or influence affects company decision-making, which effectively establishes certain hurdles for some foreign-owned entities.
Obtaining a PCL
A PCL is a clearance to be obtained by employees who will handle CESI. Once a company has received FCL certification, it may, with the consent of prospective employees who are expected to handle CESI (hereafter “candidates”), submit a roster of candidates to the administrative agency that will disclose CESI. Upon receipt of the roster, a specialised investigative body established within the Cabinet Office will conduct investigations of the candidates and, based on the results of those investigations, the administrative agency that will disclose CESI will determine whether to grant PCLs.
The standard for granting a PCL is whether “it can be recognised that the person is unlikely to disclose CESI if assigned duties involving its handling”. The specific items subject to investigation include:
As with FCLs, the PCL regime applies without distinguishing between domestic and foreign nationals; foreign nationality alone does not automatically preclude PCL issuance. However, in many other jurisdictions, security clearances for foreign nationals are either prohibited or granted only in limited circumstances, and in light of such international practice it is anticipated that, in practice, there will be de facto hurdles to PCL approval for employees who are foreign nationals.
Increased Activity in Japan’s Anti‑Dumping Investigations
2025 has emerged as a year of heightened activity in Japan’s anti‑dumping (AD) investigations, aligning Japan with trends observed in several other jurisdictions. Japan typically initiates only one or two AD proceedings annually; despite government efforts to promote trade remedy use, Japanese industry has generally been restrained in pursuing formal petitions. Contributing factors include a corporate culture that is cautious about legal proceedings, limited familiarity with AD procedures among many firms, and the practical need for industry consensus before filing a petition. This has resulted in a marked literacy gap between industries accustomed to AD remedies and those that are not.
That backdrop makes the developments in 2025 notable. As of late October, the Ministry of Finance has initiated four AD investigations in the steel and chemical product sectors and has commenced one sunset review – constituting the highest number of cases since the WTO AD Agreement took effect in 1995. It is said that multiple additional matters remain at the preliminary consideration stage. These circumstances point to a more active AD landscape in Japan this year.
Nevertheless, it would be too early to conclude that filings will soar indefinitely. Japanese investigative authorities tend to apply comparatively stringent pre‑filing scrutiny of petition adequacy, which necessitates meticulous advance preparation by prospective applicants. Capacity constraints within the investigating authorities may also limit the pace at which new cases are processed. Moreover, evolving global trade dynamics – shaped by shifting tariff policies and heightened enforcement elsewhere – mean Japan’s AD practice could continue to adapt in unforeseen ways.
Amendments to Export Control Legislation
Effective as of May 2025, certain items related to critical and emerging technologies were added to the list-based controls. These changes in the listed items subject to control are in line with the changes made within the multilateral export control regimes, and were made pursuant to the amendments made to the relevant cabinet orders (March 2025) and the ministerial ordinances (April 2025).
Additionally, on 9 April 2025, two major amendments were made to the catch-all regulations (or the complementary export control for non-listed dual-use items), effective as of 9 October 2025. First, exports to Group A countries, previously exempt from catch-all regulations, now require an export licence application if the exporter receives a written notification from the minister of the Minister of Trade, Economy and Industries. Such notifications to exporters are to be made when the Ministry of Economy, Trade and Industries (METI) suspects that an item may be used for the development, production, use, or stockpiling of weapons of mass destruction, or for the development, production, or use of conventional weapons. Group A countries consist of those that participate in multilateral export control regimes and that strictly enforce export controls and, thus, that were previously exempted from the catch-all regulations noted above. However, Japan has decided to strengthen its regulations to prevent the transshipment of goods or technologies via Group A countries to countries of concern.
Secondly, the catch-all regulations concerning conventional weapons were strengthened. For specific items designated by an HS code, exporting to general countries (meaning countries and regions other than Group A countries and UN arms embargoed countries) now requires an export licence if there is a risk the items could be used for conventional weapons development, etc (use requirement), or if the end user is currently engaged in, or has previously engaged in, conventional weapons development, etc. (end-user requirement). However, this does not apply if the use of the exported goods, the terms of the transaction, and the circumstances clearly indicate they will be used for purposes other than conventional weapons development, etc. In response to the addition of the abovementioned catch-all end-user requirement for conventional weapons categories, the Foreign Users List has also been amended. Companies requiring verification of their involvement in conventional weapons development transactions have been added to the list of foreign companies suspected of involvement in the development of weapons of mass destruction, etc. Furthermore, for exports to UN arms embargo countries, the end user requirement is now applied in addition to the previous end-use requirement. If there are concerns regarding the end use or end user, a licence application is now mandatory.
Japan–US Agreement on Tariffs and Investments
On 22 July 2025, Japan and the United States reached an agreement regarding tariffs and investments. The agreement, announced by the government of Japan, combines tariff revisions by the USA, as well as large-scale investment initiatives by Japan, which are to be designed to strengthen bilateral trade and industrial ties.
Under the deal, the US government lowered reciprocal tariffs on Japanese goods to 15%, down from the initially proposed 25%. It was agreed and later confirmed that for tariff lines with an MFN rate of less than 15%, the combined application of the MFN tariff and the reciprocal tariff will result in a total rate of 15%. Alternatively, for tariff lines with an MFN rate of 15% or higher, only the MFN tariff will apply, and the reciprocal tariff will not be imposed. It was also agreed that this change also applies to automobiles, auto parts, and other products subject to Section 232 tariffs, except for steel and aluminium. The adjustment was formalised through a US Presidential Order, providing immediate legal effect.
Following the deal, Japan announced the creation of a Strategic Investment Facility totalling approximately USD550 billion. Operated by JBIC (Japan Bank for International Co-operation) and NEXI (Nippon Export and Investment Insurance), the facility will provide loans, equity financing, and insurance for projects that promote joint innovation, clean energy, semiconductors, and advanced manufacturing in the United States. These commitments were formalised through a Memorandum of Understanding (MOU) and a Joint Statement issued in early September 2025.
While the agreement significantly improves the business environment for Japan–US trade by providing certain predictability, especially related to tariffs, some details remain ill-defined. Companies should monitor follow-up regulations and funding guidelines to identify emerging partnership or investment opportunities.
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