Japan – GVT Foreign Direct Investment

Japan – GVT Foreign Direct Investment

On 21 October 2019, JPN GVT advised re amendment bill concerning FDI.

  • Advised that the Cabinet approved the Amendment Bill of the Foreign Exchange and Foreign Trade Act on 18 October 2019, in relation to foreign direct investment (FDI).
  • Follows JPN METI September 2019 announcement re legal categories revision.

Overview

  • Under current rules, investment in designated business sectors requires prior-notification for screening, once the stake in a particular company exceeds 10%.
  • In view of national security, public order and safety, smooth functioning of economy.
  • The aim of the Bill is to further promote FDI conducive to sound economic growth.
  • And to ensure minimal review of FDI that could pose risks to national security.
  • The Bill introduces prior-notification requirement exemption, adjusts the FDI coverage.
  • Prior-notification will no longer be required, even if the stake in a certain company exceeds 10%, if the investment is deemed to pose no risk to national security.
  • For investment that could pose a national security risk, even acquiring a 1% stake in a company within a designated business sector will require a prior-notification.
  • And an order could be issued re all the designated business sectors to sell one's stake.