Increased Screening of Inward Direct Investment into Japan: New Rules Seek to Bolster National Security

著者等: 小川和也

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出版社: 长岛・大野・常松律师事务所

书籍名或刊登 杂志: NO&T Japan Legal Update 第11号（2017年9月）

语言: 英文

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请注意，本简报的目的是提供信息，并非提供法律建议。另外，本简报仅包括根据发行日(制作日)时点的信息，不包括该时点之后的信息。特别是速报可能会与现状的解释或惯例不同，敬请留意。

I. Introduction
In May 2017, an amendment to the Foreign Exchange and Foreign Trade Act (the ‘Revised Act’) was enacted. Amid growing concerns in Japan over the outflow to overseas countries of Japanese technologies and goods that may potentially harm Japan’s national security, the Revised Act makes two changes to the regulations concerning inward direct investment into Japan with the objective of protecting Japan’s national security.

First, the Revised Act bolsters the inward direct investment screening regime by adding a requirement that a transfer of shares between foreign investors in non-listed Japanese companies in certain business sectors requires the submission of a prior notification subsequent to which the government shall screen the proposed investment to ascertain whether it is highly likely to harm national security. Secondly, the Revised Act introduces new administrative measures that can be imposed on a foreign investor who has made an illegal inward direct investment.

The relevant government orders and public notices set out the detail of the Revised Act as well as set the effective date of the Revised Act as October 1, 2017.

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