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    2005年1月WTO对日本贸易政策审议-WTO秘书处报告(英文)

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    WT/TPR/S/142

    17 December 2004

     

     

    (04-5483)

     

     

    Trade Policy Review Body

     

     

     

     

     

     

     

     

    TRADE POLICY REVIEW

     

    JAPAN

     

    Report by the Secretariat

     

     

     

     

    This report, prepared for the seventh Trade Policy Review of Japan, has been drawn up by the WTO Secretariat on its own responsibility.  The Secretariat has, as required by the Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), sought clarification from Japan on its trade policies and practices.

     

    Any technical questions arising from this report may be addressed to Mr. Masahiro Hayafuji (tel:  022 739 5873), Mrs. Zheng Wang (tel.:  022 739 5288), Mr. Nirat Supthaweethum (tel.:  022 739 5529) and Mr. Michael Daly (tel:  022 739 5077).

     

    Document WT/TPR/G/142 contains the policy statement submitted by Japan.

     

     

    Note:    This report is subject to restricted circulation and press embargo until the end of the first      session of the meeting of the Trade Policy Review Body on Japan.

    CONTENTS        Page


    SUMMARY OBSERVATIONS vii
    (1) ECONOMIC ENVIRONMENT vii
    (2) TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES vii
    (3) TRADE POLICIES AND PRACTICES BY MEASURE viii
    (4) TRADE POLICIES BY SECTOR ix
    (5) OUTLOOK x


    I. ECONOMIC ENVIRONMENT 1
    (1) MAIN ECONOMIC DEVELOPMENTS 1
    (2) MACROECONOMIC POLICIES 4
    (i) Monetary and exchange rate policy 4
    (ii) Fiscal policy 5
    (3) STRUCTURAL POLICIES 6
    (i) Financial system and corporate reform 6
    (ii) Pension reform 8
    (iii) Regulatory reform 8
    (4) DEVELOPMENTS IN TRADE AND FOREIGN DIRECT INVESTMENT 9
    (i) Composition of merchandise trade 9
    (ii) Direction of merchandise trade 9
    (iii) Composition of trade in services 9
    (iv) Foreign direct investment (FDI) 12
    (5) PROSPECTS 12


    II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 13
    (1) TRADE POLICY OBJECTIVES 13
    (2) TRADE POLICY FORMULATION AND EVALUATION 13
    (i) Trade policy formulation and implementation 13
    (ii) Trade policy evaluation 16
    (3) TRADE AGREEMENT AND ARRANGEMENTS 17
    (i) WTO 17
    (ii) Regional Agreements 17
    (iii) Bilateral agreements 19
    (iv) Preferential treatment 22


    III. TRADE POLICIES AND PRACTICES BY MEASURE 24
    (1) INTRODUCTION 24
    (2) MEASURES DIRECTLY AFFECTING IMPORTS 25
    (i) Procedures and valuation 25
    (ii) Tariffs 26
    (iii) Non-tariff border measures 32
    (iv) Contingency measures 33
    (v) Government procurement 34
    Page
    (vi) State trading 36
    vii) Standards, and sanitary and phytosanitary measures 37
    (3) IMPORT AND INWARD INVESTMENT PROMOTION MEASURES 40
    (i) Import promotion 40
    (ii) Investment regulation and promotion measures 41
    (iii) Foreign access zones (FAZs) 43
    (4) MEASURES DIRECTLY AFFECTING EXPORTS 44
    (i) Export taxes, charges, and levies 44
    (ii) Export prohibitions, restrictions, and licensing 44
    (iii) Export promotion schemes 45
    (5) MEASURES AFFECTING PRODUCTION AND TRADE 45
    (i) Taxation and tax-related assistance 45
    (ii) Subsidies and other financial assistance 47
    (iii) State-owned enterprises, corporatization, and privatization 47
    (iv) Trade-related intellectual property rights 47
    (v) Regulatory reform 50
    (vi) Competition policy 51
    (vii) Corporate governance 56


    IV. TRADE POLICIES BY SECTOR 58
    (1) INTRODUCTION 58
    (2) AGRICULTURE 59
    (i) Overview 59
    (ii) Policy developments 59
    (3) MANUFACTURING 64
    (4) ENERGY AND UTILITIES 65
    (5) SERVICES 66
    (i) Overview 66
    (ii) Financial services 66
    (iii) Telecommunications 71
    (iv) Transport 73
    (v) Professional services 75
    (vi) Construction 76
    (vii) Education services 76
    REFERENCES 77
    APPENDIX TABLES 81

                                                                                                                                                                             ..................................................................................................................................  Page

    CHARTS

    I.    ECONOMIC ENVIRONMENT

    I.1  Product composition of merchandise trade, 2001 and 2003                                                           10

    I.2  Direction of merchandise trade, 2001 and 2003                                                                                11

    II.   TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES

    II.1 Policy evaluation system in Japan                                                                                                     16

    III.  TRADE POLICIES AND PRACTICES BY MEASURE

    III.1                Share of non-ad valorem duties, by HS section, FY 2004                                             29

    III.2                Simple average applied MFN tariff rates, by HS section, FY 2002 and 2004               30

    TABLES

    I.    ECONOMIC ENVIRONMENT

    I.1  Selected macroeconomic indicators, 2001-04                                                                                     1

    I.2  Shares of GDP and employment by sector, 2001-02                                                                          4

    II.   TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES

    II.1 Japan's major trade-related laws and regulations                                                                            14

    II.2 GSP shares for the ten largest beneficiaries                                                                                     23

    III.  TRADE POLICIES AND PRACTICES BY MEASURE

    III.1                Structure of MFN tariff in Japan, 2001-04                                                                         27

    III.2                Preferential tariff rates, FY 2004                                                                                          31

    III.3                Procurement composition by product and by origin, 2002                                            35

    III.4                Major standards and technical regulations in Japan, 2003                                            37

    III.5                Total budget for Japan's import promotion programmes                                               41

    III.6                Measures to promote foreign direct investment into Japan, FY 2004                          42

    III.7                National government tax revenue, FY 2004                                                                      45

    III.8                Stockholding by the Government of Japan, as at October 2004                                   47

    III.9                Legislation regarding protection of intellectual property rights in Japan                   48

    III.10              Suspension of imports likely to infringe intellectual property rights, 2000-04            49

    III.11              Exemptions from the Anti-monopoly Act, 2003                                                               52

    III.12              Enforcement of competition policy, 2000-03                                                                    55

    IV.  TRADE POLICIES BY SECTOR

    IV.1                Applied MFN tariff protection in agriculture, FY 2004                                                   61

    IV.2                Special safeguard (SSG) actions in agriculture, FY 2002-04                                           62

    IV.3         Procurement prices for all major crops subject to pricing and/or marketing
    arrangements/price controls, 2000-03                                                                                                      63

    IV.4                Financial institutions in Japan, 2004                                                                                  67


                                                                                                                                                                                       ........................................................................................................................................... Page

    APPENDIX TABLES

    I.    ECONOMIC ENVIRONMENT

    AI.1               Composition of trade in services, 2001-03                                                                        83

    AI.2               Inward and outward FDI flows by source and destination, FY 2001-03                      84

    AI.3               Inward and outward FDI flows by activity, FY 2001-03                                                  86

    II.   TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES

    AII.1              Status of notifications to the WTO, September 2004                                                     87

    AII.2              Disputes to which Japan has been a party, 2002 to April 2004                                      90

    III.  TRADE POLICIES AND PRACTICES BY MEASURE

    AIII.1            Applied tariff escalation and tariff ranges, FY 2002 and FY 2004                                 93

    IV.  TRADE POLICIES BY SECTOR

    AIV.1             Tariff quota quantity and in-quota imports, FY 2001-03                                                 96

     

     

     

     

     

     

     


    SUMMARY OBSERVATIONS

    (1)               Economic Environment

    1.                  Since its previous Trade Policy Review, Japan's economic situation has improved, particularly compared with the previous decade of  slow growth.  After recording negative growth in 2002, Japan's economy grew by 2.4% in real terms in 2003, and continued to achieve similar rates of growth in the first three quarters of 2004.  Both domestic demand, notably private non-residential investment and private consumption, and external demand contributed to this growth.  Unemployment has been falling and deflationary pressure on prices appears to be easing.  Growth has helped Japan with its structural problems, including non-performing loans (NPLs).  However, it would appear that growth may have slowed in the fourth quarter of 2004;  thus the sustainability of the recovery remains to be seen.

    2.                  During the period under review (2002-04), the Bank of Japan continued to relax its monetary policy;  the official discount rate and the short-term call rates have been kept at nearly zero, and the monetary base has been increased.  However, with negative rates of inflation, real interest rates have tended to be higher than nominal interest rates.  This, together with remaining problems in the banking system, may be an impediment to corporate borrowing and investment.  The fiscal deficit and public debt are expected to have been in the order of 7% and 163% of GDP in 2004, respectively;  the Government aims to achieve a surplus at its primary balance by the early 2010s (compared with a deficit of 5.3% in 2004).

    3.                  Trade has played an important role in the economy.  Although the shares of exports and imports are each around 10% of GDP, external demand has contributed substantially to Japan's economic growth since 2002, due in part to the openness of the multilateral trading system.  Japan's trade surplus has increased, reflecting an increase in the merchandise trade surplus and a decrease in the services deficit.  Japan's current account surplus, capital and financial account surplus and its foreign exchange reserves  have all increased. 

    4.                  A sustained recovery would appear to hinge on continued structural reforms, which the Government continues to emphasize.  Progress has been made in particular in the financial and corporate sectors (notably the disposal of NPLs, corporatization of state-owned enterprises, deregulation in network industries and some professional services, and establishment of Special Structural Reform Zones). 

    (2)               Trade Policy Regime:  Framework and Objectives

    5.                  Japan's trade policy has remained largely unchanged since its previous Review;  the overall aim continues to be to ensure long-term prosperity and growth by promoting business activities in Japan and at the international level.  In this regard, Japan has placed high emphasis on supporting the multilateral trading system, and has been participating actively in the Doha Development Agenda. Japan grants at least MFN treatment to all WTO Members.

    6.                  Concurrently, Japan has been intensifying its pursuit of bilateral/regional FTAs with some of its trading partners, including in areas like trade facilitation, investment, competition policy, and improvement of business environment.  Japan considers that regional and bilateral trade arrangements complement the multilateral system, and are useful tools for market liberalization and structural reform.  Japan has signed bilateral free-trade agreements with Singapore and Mexico, and is currently negotiating agreements with the Republic of Korea, Thailand, the Philippines, and Malaysia, as well as consulting with ASEAN as a whole.  Japan also supports the "open regionalism" approach of the Asia-Pacific Economic Cooperation (APEC) forum, and participates in various other regional trade fora, such as the Asia-Europe meeting (ASEM) and  ASEAN+ 3.

    7.                  During the period under review,  Japan granted preferential treatment to products from certain developing and least developed countries under the Generalized System of Preference (GSP) scheme.  The main beneficiaries of Japan's GSP include China, Thailand, Indonesia, Malaysia, and the Philippines.

    (3)               Trade Policies and Practices by Measure

    8.                  Since its previous Review, Japan has introduced various measures aimed at further liberalizing its trade and investment regimes.  Progress has been made in improving the competitive environment, including in telecommunications and financial services;  however, the use of contingency measures is somewhat more evident than before, and potentially important distortions to competition remain in some sectors, particularly agriculture.  The authorities attach priority to regulatory reform and sound competition policy, which could, inter alia, help create more opportunities for domestic and foreign businesses, including those entailing inward FDI. 

    9.                  The tariff is Japan's main trade policy instrument;  most imports enter Japan duty free or are subject to low tariff rates.  In the fiscal year 2004,  the simple average applied MFN tariff was 6.3%.  Nearly 99% of tariff lines are bound and most applied rates coincide with bound rates, thereby imparting a high degree of predictability to Japan's tariff.  At the same time, non-ad valorem duties are an important feature of the tariff,  particularly in agriculture.  Such duties, which account for 6.6% of all lines, are indicated clearly in Japan's tariff schedule;  they tend to involve high ad valorem equivalents (AVEs).  Moreover, bound tariff rates that exceed applied rates pertain mainly to non-ad valorem duties.  The simple average of all specific rates for which AVEs were available was approximately ten times the simple average of purely ad valorem tariff rates.

    10.              Japan has few non-tariff border measures.  Those currently applied involve some import prohibitions and quantitative import restrictions,  for example,  on certain fish and silk items.  Imports of certain goods are subject to licensing requirement in order to ensure national security, safeguard consumer health and well-being, or preserve domestic plant and animal life and the environment.  Certain aspects of the import quota system can be intricate. 

    11.              During the period under review, Japan used one anti-dumping measure. Recently, Japan began investigating the case for countervailing measures against imports of dynamic random access memory chips from the Republic of Korea.  Japan has not imposed any safeguard measures since its previous Review. 

    12.              Certain export controls are maintained on the grounds of national security and public safety, and to ensure adequate domestic supplies of certain agricultural and other primary products.  Japan has not notified any export subsidies to the WTO, thereby indicating the absence of such subsidies as defined in the WTO Agreements.  Finance, insurance, guarantees, and drawback schemes are available for exports. 

    13.              Various forms of assistance are provided by central and local governments, particularly for agriculture.  The total value of assistance to agriculture exceeds the sector's contribution to GDP;  most of the assistance seems to consist of measures that distort production and trade.

    14.              No preferences are granted to domestic suppliers with regard to government procurement covered by the Agreement on Government Procurement.  The share of foreign suppliers in the total value of government procurement was 4.2% in 2002 (down from 6.9% in 2000). 

    15.              About 92% of Japan Industrial Standards (JIS) were aligned to their international counterparts as of March 2004.  Japan has also taken further steps to ensure acceptance of foreign test data and conformity assessment. 

    16.              Japan has continued to participate in multinational and regional discussions on agreements to promote international harmonization of regimes protecting intellectual property rights (IPRs).

    17.              A growing awareness that ineffective corporate governance has contributed to the misallocation and perhaps excessive use of capital and labour in the corporate sector has prompted the Government to implement a number of policy measures, such as an amendment to the Commercial Code and the revision of the Certified Public Accountants Law. 

    18.              In March 2004, Japan adopted the new Three-Year Program for Promoting Regulatory Reform (TPPRR), which listed 762 measures envisaged to contribute to creating new opportunities for domestic and foreign businesses.  The Council for the Promotion of Regulatory Reform (CPRR) was established in April 2004, to replace the Council for Regulatory Reform (CRR), whose mandate expired on 31 March 2004.  In April 2003,  a scheme of special zones for structural reform was adopted;  exceptions to particular regulations are granted within approved special zones according to the zones' specific circumstances.  Moreover, the growing importance of deregulation and competition in the Japanese economy has increased the status and size of the Japan Fair Trade Commission (JFTC), which has hitherto been somewhat weak.  To achieve a higher degree of independence for the JFTC,  it was transferred from the then Ministry of Public Management, Home Affairs, Posts and Telecommunications to the Cabinet Office in April 2003.

    (4)               Trade Policies by Sector

    19.              Since Japan's previous Review, the Government has continued to promote structural reforms, pertaining especially to the energy and services sectors.

    20.              During the period under review, the Basic Law on Food, Agriculture and Rural Areas and the Basic Plan that implements the policy stipulated in the law continued to provide the framework and policy direction for agriculture;  one of the main objectives of the  Basic Law is to secure a stable food supply.  The Government is also promoting the consolidation of scattered farmland with a view to raising productivity.  The Law on Special Zones for Structural Reform allowed general corporations to lease farmland under certain conditions.   The average applied MFN tariff for agriculture (WTO definition) decreased from 20.0% in FY 2002 to 17.7% in FY 2004.  Total transfers to agriculture exceed the sector's small contribution to GDP.  Japan's food self-sufficiency ratio has remained stable at around 40% since the previous Review, despite efforts to raise it to 45%;  it continues to be the world's largest net importer of food.

    21.              Japanese manufacturing is more exposed to international competition than agriculture and certain services.  Tariffs on industrial products are usually low;  non-tariff barriers are few and the sector receives relatively little financial or other support from the Government.  In 2003 an Industrial Revitalization Law was amended to strengthen Japan's industrial competitiveness, and the Industrial Revitalization Corporation of Japan was established to revitalize Japanese companies with "excessive" debt.  Manufacturing's contribution to GDP declined from 20.8% of in 2001, to 20.5% in 2002;  the sector employed 17.7% of Japan's total labour force in 2002, down from 18.4% in 2001.

    22.              Japan's energy self-sufficiency ratio was about 20% in 2000;  achieving a stable supply of energy is one of its major policy objectives.  Prices of electricity and gas are relatively high by international standards;  however, entry into the electricity and gas market has been partially liberalized. 

    23.              The share of services in Japan's GDP has been growing steadily;  services  accounted for 71.1% of GDP in 2002, up from 70.6% in 2001.  In recognition of the growing importance of services, not just to consumers, but to all kinds of businesses for which services are essential inputs and therefore a significant determinant of their international competitiveness, the Government's attention has been focused increasingly on regulatory reform combined with the strengthening of competition laws and their enforcement. Reforms have continued, especially in financial and telecommunications services. 

    24.              Reforms in Japan's financial system are especially important because of the system's key role in channelling savings into the most profitable investments across various sectors of the economy.  Reforms in Japan's financial services sector have focused mainly on the disposal of NPLs, which have been a hindrance to the efficient re-allocation of resources and thus to improved productivity and economic growth.  The ratio of NPLs to the total lending of all banks decreased from 8.4% in March 2002 to 5.8% in March 2004.

    25.              In telecommunications, the Basic Telecommunications Law was revised in July 2003 to abolish approval requirements for basic telecommunication business entry and exit, and to eliminate classification of Type-I and Type-II categories and regulations on prices for certain services.


    26.              As a result of corporatization of the Postal Services, Postal Savings and Postal  Life Insurance, Japan Post was established on 1 April 2003.  A Basic Policy on the Privatization of Japan Post, which was adopted by the Government in September 2004, stipulated that privatization would start from 2007 and would be completed by 2017.

    (5)               Outlook

    27.              The Government's official forecast predicted further economic recovery in FY 2004, with improved labour market conditions and an easing of downward pressure on prices.  The latest quarterly estimates indicate that real GDP grew by 3.9% year on year in the third quarter of 2004, driven largely by domestic demand.  But growth may recently have slowed and thus the strength of the recovery remains to be seen, particularly given persistent deflation and  seemingly fragile business and consumer confidence.  The sustainability of the recovery also depends on external factors such as the pace of economic growth in the world economy, including China, and prices of crude oil.  Medium and long-term downside risks include its rapidly aging population and a declining labour force.  Structural reforms, including the disposal of NPLs, financial and corporate sector reform, pension reform, strengthening of competition policy, and trade liberalization,  particularly in agriculture, are of great importance.  If implemented, these reforms would help restore business and consumer confidence, contributing to the sustainability of Japan's economic recovery.