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- U.S.-JAPAN TRADE AND INVESTMENT
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- The U.S.-Japan trade deficit reached an all-time high in
- 1987 at $59 billion, but has been slowly decreasing. The
- 1990 trade deficit was $41 billion, a decrease of 16.3
- percent from 1989. The narrowing can be attributed to a
- continual increase in U.S. exports, as well as a recent
- decrease in Japanese imports into the United States. The
- first year in which U.S. imports from Japan decreased was
- 1990. While the U.S.-Japan trade deficit narrowed, Japan's
- overall trade surplus increased to $52 billion.
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- U.S. exports to Japan consist primarily of automatic data
- processing machines and office equipment; wood, in the
- rough or roughly squared; aircraft, spacecraft, and
- associated equipment; seafood products; and semiconductors
- and other electronic components. Imports from Japan are
- comprised mostly of motor cars and other motor vehicles,
- automatic data processing machines and office equipment,
- parts and accessories of motor vehicles, scientific optical
- equipment, and semiconductors and other electronic
- components.
-
- U.S. foreign direct investment in Japan reached a
- cumulative value of $20.9 billion in 1990. This is an
- increase of 13.6 percent from the 1989 total of $18.5
- billion. Foreign investment in Japan in 1989 was primarily
- in the machinery, real estate, commerce/foreign trade,
- chemical, banking/insurance, and services sectors. This
- figure is far below Japan's investments in the United
- States.
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- The Foreign Exchange and Foreign Trade Control Law and the
- implementing Cabinet Order Concerning Domestic Direct
- Investment, Etc. (Cabinet Order No 261, Oct. 11, 1980) do
- not require official permission for direct foreign
- investment. Nevertheless, until recently, the prospective
- investor had to give prior notification of the proposed
- investment to the Ministry of Finance via the Bank of
- Japan, and to any other ministries with jurisdiction over
- the industry. In practice, the investor was notified that
- the Japanese Government has no objection within one hour
- following notification, if the proposed investment was in
- unrestricted industries. However, as part of SII, this
- prior notification requirement has been replaced by ex post
- facto notification for investment in unrestricted sectors.
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- Japan provides foreign investors national treatment after
- entry with limited exceptions notified to the Organization
- of Economic Cooperation and Development (OECD). In
- accordance with the provisions of the OECD Code of
- Liberalization of Capital Movements, Japan retains
- restrictions in the following business categories to
- protect the national security and interest: for national
- security: arms, gun powder, atomic energy, aircraft, and
- space development; for maintenance of public order and
- protection of safety of the general public: narcotic
- manufacturing, vaccine manufacturing, and security guard
- services; and for protection of domestic industries:
- agriculture, forestry, and fisheries; petroleum refining
- and marketing; leather and leather product manufacturing;
- and mining. In addition, Article VII of the U.S.-Japan
- Treaty of Friendship, Commerce, and Navigation exempts the
- following sectors from the requirement for national
- treatment of investments: broadcasting,
- telecommunications, electric power generation and other
- public utilities, domestic rail and air transportation,
- banking, shipbuilding, and industries involved in the
- exploitation of land or other natural resources.
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- Investments in the sectors mentioned above are restricted.
- Prior to the 1980 revision, foreign investment in these
- areas was prohibited. Investment is now allowed, but
- investment and ownership may be limited under the present
- law. U.S. investment has taken place in these sectors, but
- the criteria for defining and controlling these sectors
- remain unclear. The fact that guidelines are not made
- public potentially inhibits further investment. Foreign
- investment in the banking and securities industries is
- subject to a reciprocity requirement.
-
- The U.S. business community in Japan perceives that, in
- addition to the explicit legal and regulatory restrictions
- on foreign direct investment, further restrictions are
- implemented through "administrative guidance." In general,
- business in Japan is more regulated than in the United
- States, with much of the regulation taking place in private
- through consultations between the involved government
- ministry and industry. There is no counterpart to the U.S.
- Administrative Procedures Act in Japan requiring that
- regulatory laws and practices be formulated in public.
- Administrative regulations can impede investment, including
- foreign investment, in service industries such as trucking,
- telecommunications, and finance.
-
- The Japanese Government continues to publish "visions" for
- the future development of promising industrial sectors and
- to provide some funds for pre-competitive research in
- certain industrial areas. The Japanese Government does not
- employ local equity requirements, export performance
- requirements, or local content requirements. In addition,
- the Japanese Government has not forced foreign individuals
- or companies to divest themselves of investments. Japanese
- law allows limited foreign landholding, and foreign
- investors may repatriate capital and profits readily.
-
- The acquisition of existing Japanese companies is difficult
- due in part to cross-holding of shares among allied
- companies, and a low percentage of publicly traded common
- stock. The difficulty of acquisition of existing companies
- inhibits some foreign investment. While problems remain,
- the American business community perceives the Japanese
- Government on the whole as welcoming foreign investment at
- both the national and local governmental level.
-
- Japanese foreign direct investment in the United States
- reached a cumulative value of $83.5 billion in 1990. This
- is an increase of 24 percent from the 1989 total of $67.3
- billion. At year-end 1988, Japanese foreign direct
- investment in the United States totaled $53.4 billion --
- for an increase of 26 percent from 1988 to 1989. This
- slowing trend is due to a variety of factors: overall
- interest rates have risen substantially (although the
- impact on the manufacturing sector is not as great as
- others) and stock prices have substantially decreased. It
- has therefore become difficult for some Japanese companies
- to raise the necessary investment capital.
-
- For more information on U.S.-Japanese investment, contact
- the following organizations:
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- U.S. Department of Commerce - Japan Export Information Center
- (202) 377-2425
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- U.S. Department of Commerce - Bureau of Economic Analysis
- U.S. Foreign Direct Investment Abroad (202) 523-0612
- Foreign Direct Investment in the United States (202) 523-0641
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- U.S. Department of Commerce - Office of Trade and Investment Analysis
- Investment Data (202) 377-4628
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