Japon

Declaration made upon accession:

“Pursuant to Article 10, paragraph 1 and Article 70 of the Agreement, Japan makes the exception to exclude retroactive application as set out in the second sentence of Article 10, paragraph 1, therefore the provisions of the Agreement shall apply for Japan only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated after the entry into force of the Agreement for Japan.”

Reservation:

“In accordance with paragraph 1(b) of Article 8 of the Convention, the Government of Japan declares that the Convention shall apply only to the extent that the parties to the settlement agreement have agreed to the application of the Convention.”

1 April 2010

Declaration:

In accordance with article 3, paragraph 4, the Government of Japan notified the Secretary-General on 1 April 2010 of the following modified declaration:
"The Government of Japan, by relevant laws and regulations, recruits only those who are at and above the minimum age of 18 as a member of the Japan Self-Defense Forces."

18 June 2010

Declaration:

“The Government of Japan has carefully examined the declaration described as a reservation, relating to Article 14 of the International Convention for the Suppression of the Financing of Terrorism, opened for signature at the United Nations Headquarters in New York on 10 January 2000 (hereinafter referred to as “the Convention”), made by the Government of the Islamic Republic of Pakistan when acceding to the Convention.
The Government of Japan considers that, if the Islamic Republic of Pakistan purported to exclude or to limit the legal effect of the provision of the said Article in its application to the Islamic Republic of Pakistan and thereby not to implement the obligation of the country under the said Article, the aforesaid declaration would amount to a reservation that is incompatible with the object and purpose of the Convention.
The Government of Japan recalls that such reservation shall not be permitted under established rules of international law.
The Government of Japan thus considers the aforesaid declaration made by the Government of the Islamic Republic of Pakistan to have no effect on the application of the Convention, including Article 14, between the two countries.”

Declaration:

"With reference to the provisions of paragraph (b) of article 39 of [the said Agreement], it is hereby declared that Japan retains for itself and its political subdivisions the right to tax salaries, expense allowances, and emoluments paid by the said Bank to its nationals."

Reservation:

"In applying paragraph (c) of article 37 of the Convention on the Rights of the Child, Japan reserves the right not to be bound by the provision in its second sentence, that is, `every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so', considering the fact that in Japan as regards persons deprived of liberty, those who are below twenty years of age are to be generally separated from those who are of twenty years of age and over under its national law."
Declarations:

1. The Government of Japan declares that paragraph 1 of article 9 of the Convention on the Rights of the Child be interpreted not to apply to a case where a child is separated from his or her parents as a result of deportation in accordance with its immigration law.
2. The Government of Japan declares further that the obligation to deal with applications to enter or leave a State Party for the purpose of family re-unification `in a positive, humane and expeditious manner' provided for in paragraph 1 of article 10 of the Convention on the Rights of the Child be interpreted not to affect the outcome of such applications."

Declaration:

The Government of Japan declares that nothing in the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal be interpreted as requiring notice to or consent of any State for the mere passage of hazardous wastes or other wastes on a vessel exercising navigational rights and freedoms, as paragraph 12 of article 4 of the said Convention stipulates that nothing in the Convention shall affect in any way the exercise of navigational rights and freedoms as provided for in international law and as reflected in relevant international instruments.

Declaration:

"The Government of Japan, in accordance with the provisions of paragraph (3) of article 64 of the Agreement, retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to its nationals or residents."

[See chapter IV.3.]

Reservations and declarations made upon signature and con firmed upon ratification:

"1. In applying the provisions of paragraph (d) of article 7 of the International Covenant on Economic, Social and Cultural Rights, Japan reserves the right not be bound by 'remuneration for public holidays' referred to in the said provisions.
"2. Japan reserves the right not to be bound by the provisions of sub-paragraph (d) of paragraph 1 of article 8 of the International Covenant on Economic, Social and Cultural Rights, except in relation to the sectors in which the right referred to in the said provisions is accorded in accordance with the laws and regulations of Japan at the time of ratification of the Covenant by the Government of Japan.
[...]
"4. Recalling the position taken by the Government of Japan, when ratifying the Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise, that `the police' referred to in article 9 of the said Convention be interpreted to include the fire service of Japan, the Government of Japan declares that `members of the police' referred to in paragraph 2 of article 8 of the International Covenant on Economic, Social and Cultural Rights as well as in paragraph 2 of article 22 of the International Covenant on Civil and Political Rights be interpreted to include fire service personnel of Japan."

Reservation:

"In applying the provisions of paragraphs (a) and (b) of article 4 of the [said Convention] Japan fulfills the obligations under those provisions to the extent that fulfillment of the obligations is compatible with the guarantee of the rights to freedom of assembly, association and expression and other rights under the Constitution of Japan, noting the phrase `with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention' referred to in article 4."

"Japan retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to its nationals."

Declaration:

"(1) Pursuant to article 5, paragraph 3 of the Convention, the Government of Japan will not apply the criterion of publication concerning the protection of producers of phonograms,
"(2) Pursuant to article 16, paragraph 1 (a) (ii) of the Convention, the Government of Japan will apply the provisions of article 12 of the Convention in respect of uses for broadcasting or for wire diffusion,
"(3) Pursuant to article 16, paragraph 1 (a) (iv) of the Convention,
(i) As regards phonograms the producer of which is a national of a Contracting State which has made a declaration under article 16, paragraph 1 (a) (i) of the Convention stating that it will not apply the provisions of article 12 of the Convention, the Government of Japan will not grant the protection provided for by the provisions of article 12 of the Convention.
(ii) As regards phonograms the producer of which is a national of another Contracting State which applies the provisions of article 12 of the Convention, the Government of Japan will limit the term of the protection provided for by the provisions of article 12 of the Convention to the term for which that State grants protection to phonograms first fixed by a Japanese national."

Declaration with regard to article 34 (a) of the said Convention:
"It is understood that the taxes referred to in article 34 (a) include those collected by special collectors under the laws and regulations of Japan provided that they are normally incorporated in the price of goods or services. For example, in the case of the travelling tax, railway, shipping and airline companies are made special collectors of the tax by the Travelling Tax Law. Passengers of railroad trains, vessels and airplanes who are legally liable to pay the tax for their travels within Japan are required to purchase travel tickets normally at a price incorporating the tax with out being specifically informed of its amount. Accordingly, taxes collected by special collectors such as the travelling tax have to be considered as the indirect taxes normally incorporated in the price of goods or services referred to in article 34 (a)."
27 January 1987

"With respect to paragraphs 3 and 4 of article 27 of the Vienna Convention on Diplomatic Relations of 18 April 1961, the Government of Japan believes that the protection of diplomatic correspondence by means of diplomatic bags constitutes an important element of the Convention, and any reservation intended to allow a receiving State to open diplomatic bags without the consent of the sending State is incompatible with the object and purpose of the Convention. Therefore the Government of Japan does not regard as valid the reservations concerning article 27 of the Convention made by the Government of Bahrain and the Government of Qatar on 2 November 1971 and 6 June 1986, respectively. The Government of Japan also desires to record that the above-stated position is applicable to any reservations to the same effect to be made in the future by other countries."

"It will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State."

Declaration:

“The Government of Japan declares that it will not bound by the Regulations annexed to the Agreement except for the following:
Regulation No. 3 (Revsion 2),
Regulation No. 7 (Revision 2),
Regulation No. 19 (Revision 3),
Regulation No. 28, and
Regulation No. 13H.”

"Subject to a declaration made in accordance with paragraph 1 of article 2 of this Convention, excluding annex 1 from its application of the Convention."

"The Government of Japan shall contribute to the initial resources of the Second Account of the Common Fund an amount in Japanese yen that is equivalent to twenty-seven million United States dollars (U.S.$27 million) in accordance with article 13 of the Agreement."
“The Government of Japan opts for payment of the above contribution in three equal annual instalments, with the first one to be made in cash or in notes within one year after the entry into force of the Agreement. The notes are understood to be irrevocable, non-negotiable, non-interest bearing promissory notes, issued in lieu of a cash payment and payable to the Fund at par value upon demand. It is also understood that the notes are to be treated in the same manner as notes of the same kind from other contributors.”