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©2001-2024 Atumi & Sakai
Japan implements controls on the export of goods and the provision of technologies based on the Foreign Exchange and Foreign Trade Act. The provisions of this Act apply not only to companies, but also to research institutes and universities, and may also apply to foreign students and foreign nationals arriving to Japan for training. In addition, these provisions are complex and are revised relatively often, yet a company, university, or other research institution violating them could suffer significant damage, including damage to its reputation.
We provide robust support for domestic and foreign companies and research institutions with regard to compliance with export controls, including in the form of legal advice on the development of internal rules and regulations, advice on the establishment of internal compliance systems, training for directors and employees, internal seminars, responses to guidance and recommendations from the authorities, and advice prior to obtaining export licenses.
In recent years, Japan and other countries and regions around the world have entered into various bilateral and multilateral agreements including RCEP, FTA, EPA, TPP, and investment agreements. Companies that make effective use of these agreements can, for example, enjoy benefits such as reduced tariffs. On the other hand, there are procedures which must be completed and complied with in order to enjoy such benefits, and inadequacies in compliance may result in an order to pay additional customs duties following a post-import customs investigation.
Based on our extensive experience and knowledge in handling a wide range of international transactional legal matters for Japanese companies entering foreign markets and foreign companies entering Japan, we provide legal services related to customs duties, rules of origin, and international trade, as well as handling investigations by customs authorities, and appeal and litigation procedures in cases where the results of such an investigation are dissatisfactory.
Japan has imposed restrictions on the export of certain goods and technologies, for a variety of reasons, including complying with international sanctions regimes relating to weapons of mass destruction and preventing the export of seeds or seedlings of unique agricultural products developed in Japan. Our International Trade Group can advise on related matters, such as:
Our team works with expert lawyers in other practice groups, such as telecommunications and intellectual property, to advise on industry-specific import restrictions and procedures, and on compliance with technical, labeling, advertising and similar requirements.
When advising foreign clients, our firm can field a team of expert Japanese lawyers and foreign lawyers who have relevant experience and bi-cultural sensitivity. Our team can do business and draft documents in Japanese, English, German, Mandarin, Hindi, Korean, and Marathi, and provides services around the clock through our global affiliated offices.