WORLD TRADE
ORGANIZATIONS/C/N/77
18 September 1998
(98-3589)
Council for Trade in Services Original:  English
NOTIFICATION PURSUANT TO ARTICLE III.3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES
The following notification has been received from Japan.
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1. Member notifying:
Japan
2. Notification under:
Article III, paragraph 3, of the General Agreement on Trade in Services.
3. Date of entry into force:
13 August 1998
Duration
Indefinite
4. Agency responsible for implementati on and enforcement of the measures:
Ministry of Justice
5. Description of the measures:
Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers is
revised as follows:
(1) Relaxation of requirements of practising experience
Regarding the practical experience requirement for qualification which is one of standards for
approval as a gaikokuho-jimu-bengoshi  (a foreign lawyer qualified by Japanese law),
necessary period during which an applicant has to engage in practice as a foreign lawyer in
the foreign country where he or she acquired a qualification to become a lawyer of that
country ("home country") is shortened to three years.
./.S/C/N/77
Page 2
The period of a foreign lawyer of having engaged in legal business concerning the law of his
or her "home country", on the basis of the qualification to become a lawyer of that country, in
a foreign country other than the "home country" could be included to the above period.
In cases where a person, after being qualified to become a lawyer of the foreign country, was
under the employment of a bengoshi  or a gaikokuho-jimu-bengoshi  in Japan,  up to one-year
period of the time in total during which as an employee he or she has rendered services
regarding the law of the "home country" to a bengoshi or a gaikokuho-jimu-bengoshi, shall be
regarded as the period of his or her having engaged in practice as a lawyer in the "home
country".
(2) Lifting a ban on performing the legal business regarding the third country law a gaikokuho-
jimu-bengoshi is allowed to perform the legal business regarding the third country law
according to the written advice on each issue from  competent persons prescribed in the afore-
mentioned Special Measures Law (e.g. lawyers qua lified in the third country and engaging in
legal business concerning the law of that country).
(3) Relaxation of restrictions on the objectives of joint enterprise between a gaikokuho-jimu-
bengoshi  and a bengoshi.
Restrictions on the objectives of joint enterprise between a gaikokuho-jimu-bengoshi  and a
bengoshi  are relaxed.  The joint enterprise could institutionally offer a consistent legal service
based on a comprehensive co-operation between a gaikokuho-jimu-bengoshi  and a bengoshi
up to the stage of ultimate solution of the following foreign legal cases:
- legal cases which require knowledge of foreign law;
- legal cases in which all or part of parties have addresses, main offices or headquarters
in foreign countries;  and
- legal cases committed by a company whose the majority of stocks or shares is owned
by those persons who have addresses, main offices or headquarters in foreign
countries.
Affected commitments in the Schedule:
"Consultancy on law of jurisdiction where the service supplier is a qualified lawyer";  "The
service supplier has engaged himself as a lawyer for at least 5 years in the jurisdiction."  in
ii) of Note for transparency;  and "Practice of third country law and Japanese law is not
permitted." in i), mode (3) of the column of additional commitments, in sector 1.A. a).
6. Members affected:
None
7. The texts are available from:
Gaikokuho-jimu-bengoshi  Qualification Examination Office,
Judicial System and Research Department,
Ministry of Justice
Telephone: +(81 3) 3580 4111
ext. 2373 or 2374
Telefax: +(81 3) 3592 7034
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