For the second week of our Annual Compliance Conference, we discussed key trade compliance issues impacting our clients globally. Specifically, we discussed the trade policy response of the US, EU and U.K. to ever increasing geopolitical disruption, global strategies for handling sanctions regulators and enforcement, and key global sanctions and export controls developments.
The 2024 edition of Baker McKenzie’s International Guide to Contaminated Land offers an overview of national laws and regulations in over 30 countries governing the discovery, management and clean-up of environmental impacts at industrial sites. The guide addresses the key legal issues and risks that must be understood and assessed to ensure the effectiveness of any response to environmental contamination.
The Ministry of Economy, Trade and Industry (METI)’s Carbon Capture and Storage (CCS) Long-term Roadmap Working Committee published its Final Report on the implementation of CCS in Japan in March 2023. This followed the Japanese Cabinet’s approval of the “Basic Strategy for the Realization of GX (Green Transformation)” a month earlier, which stated that legislation and a regulatory framework for CCS should be developed as soon as possible. METI began its deliberations in September 2023, resulting in the publication of its “Draft Interim Summary of the CCS Regulatory Framework” on 15 December 2023. This alert summarizes the clarified Japanese legal regime for CCS projects.
The Tokyo Stock Exchange launched Japan’s first exchange-based carbon credit market on 11 October 2023. Registered participants in the market now have a more efficient platform for carbon credit trading in Japan and improved carbon pricing transparency.
On 12 May 2023, the “Act on Promotion of a Smooth Transition to a Decarbonized Growth-Oriented Economic Structure” was passed and enacted by an ordinary session of the Diet. The Act will take effect within three months from the date of its promulgation.
On 31 March 2023, the Japanese Ministry of Economy, Trade and Industry initiated a public comment procedure for the Draft Amendment to Ministerial Ordinance and the Draft Amendment to Circular that is intended to impose new export control requirements on certain sensitive semiconductor manufacturing equipment from Japan. The public comment period is from 31 March 2023 to 29 April 2023. Anyone can submit a comment through either (i) the Japanese government’s website, (ii) email, or (iii) mail.
Several means exist to reduce greenhouse gas emissions in order to achieve carbon neutrality by 2050, including development of new technologies, transitioning to renewable energy and voluntary energy conservation. In addition to these efforts, there is growing interest in offsetting residual emissions that are inevitably emitted despite reduction efforts through the use of carbon credits.
On May 11, 2022, the Diet of Japan approved the “Act on the promotion of national security through integrated economic measures.” Key features of the Act include the establishment of (i) a system to ensure stable supplies of critical materials, (ii) a system to ensure stable provision of services using critical infrastructure, (iii) a system that supports the development of critical technologies and (iv) a secret patent system. The Act will enter into force on or before 18 February 2023.
On May 1, 2022, the amendment to the Ministerial Ordinance for Exporter Standards and relevant administrative notices (the “Amendment”) came into force. Upon enforcement of the Amendments, so-called “Deemed Exports” will be interpreted in a more restrictive manner than previously. Although export licenses were not required for the provision of technology information between Japan residents, pursuant to the Amendment, if certain conditions are met, such provision may be regarded as a “Deemed Export” and subject to an export license under the Foreign Exchange and Foreign Trade Act
This report, the fourth in our Asia Pacific Business Renewal Series, explores how businesses are now fortifying their ESG efforts and pivoting from strategy to action.