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Viewing cable 07TOKYO2599, The Japan Economic Scope - June 7, 2007 - Part 1

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Reference ID Created Released Classification Origin
07TOKYO2599 2007-06-08 07:47 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Tokyo
VZCZCXRO9390
RR RUEHFK RUEHNAG RUEHNH
DE RUEHKO #2599/01 1590747
ZNR UUUUU ZZH
R 080747Z JUN 07
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC 4343
RUEAIIA/CIA WASHDC
INFO RUEHFR/AMEMBASSY PARIS 5522
RUEHFK/AMCONSUL FUKUOKA 1460
RUEHNAG/AMCONSUL NAGOYA 0617
RUEHNH/AMCONSUL NAHA 3887
RUEHOK/AMCONSUL OSAKA KOBE 5027
RUCPDOC/USDOC WASHDC
UNCLAS SECTION 01 OF 07 TOKYO 002599 
 
SIPDIS 
 
PARIS PLEASE PASS TO USOECD 
STATE PLEASE PASS TO USTR 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ETRD ECON JA ZO EAGR
SUBJECT: The Japan Economic Scope - June 7, 2007 - Part 1 
 
Sensitive but unclassified.  Please protect accordingly. 
 
1. (U) This cable contains part one of Japan Economic Scope from 
June 7, 
2007. 
 
2.(SBU) Table of Contents 
 
3. VFM Yachi on FTA, WTO, Agriculture 
4.  Bilateral Investment Working Group Business Outreach; FTA, 
Transparency, DHS 
5.  Asia Pacific Business Leaders Discussed Regional Economic 
Issues 
6.  Reappointment of JFTC Chairman Moves to Diet 
7.  Regulatory Reform Report to Leaders Released 
8.  Release of 2007 Investment Report to Leaders 
9.  The "Labor Big Bang," Reform, and the CEFP 
10. New IPR Promotion Strategy Eases Rules in Some Areas, Beefs- 
up Enforcement in Others 
11. Conference on Coordinated Energy Security Measures (U) 
12. Official Development Assistance (ODA) and Emission Trading 
13. Mishandling of JPEX Trade Information Raises Concerns 
14. Akagi Named Agriculture Minister after Predecessor's Suicide 
15. New Agriculture Minister Wants Active Role for Japan in Doha 
Talks 
16. New Ag Minister Echoes Predecessor's Cautious U.S. Beef 
Position 
17. CPRR Committee Report Has Little to Say about Agricultural 
Reform 
18. LDP Ag Caucus Not Enthusiastic about Calls for Reform, 
Accelerated Trade Liberalization 
19. U.S. -- Japan FTA Discussed at Tokyo American Center Event 
 
3.  (SBU) VFM Yachi on FTA, WTO, Agriculture 
----------------------------- 
 
On June 1, Ambassador Schieffer and Vice Foreign Minister Yachi 
discussed a range of bilateral issues, including thoughts about a 
possible bilateral FTA, the WTO, and agricultural trade.  See 
Tokyo 2481 for details.   (ECON: Marc Dillard) 
 
4.  (SBU) Bilateral Investment Working Group Business Outreach; 
FTA, Transparency, DHS 
---------------------- 
 
The Investment Working Group (IWG) of the U.S.-Japan Investment 
Initiative met on May 28 in back-to-back sessions with 
representatives of the American Chamber of Commerce in Japan 
(ACCJ), Nippon Keidanren and the U.S.-Japan Business Council 
(USJBC) to hear business views on the overall investment climate 
in each country and the adequacy of existing provisions in each 
country's bilateral investment agreements.  The IWG hopes this 
will be the first in a series of meetings with the private sector 
that can identify future areas of work. 
 
Although not every issue that the private sector raised falls 
within the scope of the Initiative's work, much of the discussion 
in all three sessions focused on issues already taken up by the 
IWG or in other bilateral talks. 
 
ACCJ members emphasized the importance of transparency in 
regulatory rule-making, characterizing Japan's current system as 
one of "strict enforcement of vague regulations."  They 
recommended the transparency chapter of the recent KORUS 
agreement as a model for a future U.S.-Japan FTA. 
 
ACCJ also pushed for expanded mutual recognition agreements, 
particularly in the areas of medical devices and renewable energy 
and urged the IWG to look at expanding the types of M&A 
transactions available in Japan.  In addition to encouraging more 
FDI, an expanded merger regime could provide a solution to the 
problem of Article 821. 
 
Keidanren staff explained the Federation's formal position in 
favor of a bilateral study of a U.S.-Japan FTA.  Member companies 
urged the two governments to ensure that a future FTA had 
workable rules of origin.  Several speakers commended the NAFTA 
agreement as a model in this area. 
 
Keidanren members expressed deep concerns about DHS's "24-hour 
rule," which they claimed added two days to average shipping 
 
TOKYO 00002599  002 OF 007 
 
 
times.  Many Japanese companies, they noted, worked almost 10 
years to improve their logistics systems to reduce shipping times 
by that same amount and those efforts were now all but wasted. 
USJBC echoed Keidanren's concerns about the 24-hour rule.  In 
formulating new cargo security rules, they urged governments to 
take a broad perspective, seek greater harmonization of IT 
systems and build a common platform for collection and analysis 
of critical customs information. 
 
The Council also encouraged the IWG to look for ways to improve 
Japan's slow and cumbersome process for regulatory approval of 
drugs and medical devices, an area in which U.S. and Japanese 
firms have similar views. 
 
Council members noted the need for greater flexibility in labor 
markets as a way to increase productivity and enhance business 
competitiveness.  They expressed disappointment that the Japanese 
cabinet's recent proposal to expand the white-collar exemption 
had been postponed "for political reasons" and urged both 
governments to keep working in this area. (ECON: David 
DiGiovanna) 
 
5.  (U) Asia Pacific Business Leaders Discussed Regional Economic 
Issues 
------ 
 
The APEC Business Advisory Council (ABAC), the permanent senior 
business sector advisory council for APEC member economies, held 
its second meeting for 2007 in Tokyo between May 30 and June 1. 
ABAC discussions focused on further advancement of regional 
economic integration, businesses' response to climate change and 
enhanced energy security, including conservation and efficiency 
measures.  ABAC members also noted that they still viewed 
successful conclusion of the Doha Development Agenda as critical 
for global growth and expressed concern over the delay in the 
negotiation. 
 
ABAC will finalize its Report to APEC Economic Leaders by the end 
of July, and present it to the leaders in August.  For the SOM 
III and Trade Ministerial (MRT) Meeting, an abridged version of 
the Report will be submitted. 
 
In the meantime, ABAC Japan informally decided to appoint 
Yoshihiro Watanabe, Senior Managing Director of the Mitsubishi 
UFJ Financial Group, as a new member.  Watanabe will succeed 
Yasuo Kanzaki, Special Advisor of Nikko Citigroup, who will end 
his three-year term after the APEC Finance Ministers' Meeting in 
early August.  (ECON: Satoshi Hattori) 
 
6.  (SBU) Reappointment of JFTC Chairman Moves to Diet 
----------------------------- 
 
The LDP has approved the Prime Minister's decision to reappoint 
Japan Fair Trade Commission Kazuhiko Takeshima for another five- 
year term, according to press reports. 
 
Action on Takeshima's reappointment now moves to the Diet, where 
he will need approval from both houses before the end of the 
regular session this month.  During his tenure, Takeshima 
shepherded the 2005 amendments to the Antimonopoly Act that 
substantially strengthened the powers of the JFTC by increasing 
the rate of punitive surcharges that the Commission could apply 
to cartel members, instituting a leniency system that encouraged 
companies to bring forward evidence of bid-rigging activities, 
and allowing the JFTC itself to receive and execute search 
warrants. 
 
His reappointment signals Abe Administration determination to 
support the JFTC's role as a robust competition authority. 
Takeshima will also now be available to advocate for even great 
powers for the JFTC during the legislatively mandated review of 
the 2005 Antimonopoly Act amendments by the Diet in the regular 
session that begins in January 2008. (ECON: Chris Wurzel) 
 
7.  (SBU) Regulatory Reform Report to Leaders Released ( 
----------------------------- 
 
Long negotiations concluded with Japan and the United States 
issuing a 76-page Report to the Leaders June 6 before the meeting 
of President Bush and Prime Minister Abe at the G-8 Summit in 
Germany.  It is the sixth annual report the two countries have 
 
TOKYO 00002599  003 OF 007 
 
 
completed since launching their Regulatory Reform and Competition 
Policy Initiative in 2001. 
 
Highlights of steps that have been taken or commitments for 
future steps made by Japan include: 
 
Implementing plans to speed introduction of new drugs through 
measures such as more than doubling the number of drug reviewers; 
Opening new investment opportunities by permitting triangular 
mergers using foreign shares and monitoring the effectiveness of 
related tax deferral conditions; 
 
Ensuring that Japan Post's new financial entities meet the same 
obligations and standards as those of private financial 
institutions when they sell new or altered financial products; 
For more information, click to see the Sixth Report to the 
Leaders and supporting fact sheets.   (ECON: Nicholas Hill based 
on the USTR fact sheets) 
 
8.  (U) Release of 2007 Investment Report to Leaders 
----------------------------- 
 
The 2007 Report to Leaders of the Bilateral Investment Initiative 
was released on June 6. 
 
In addition to updates on discussions of U.S. and Japanese 
investment concerns, this year's report also summarizes the 
results of the February meeting of experts on investment 
agreements at which the two sides exchanged their views and 
experiences on their respective investment agreements. Please 
click here to view the whole report.  (ECON: David DiGiovanna) 
 
9.  (SBU) The "Labor Big Bang," Reform, and the CEFP 
----------------------------- 
 
Council on Economic and Fiscal Policy (CEFP) private sector 
member Naohiro Yashiro recently shared with us his outlook on 
major labor reform proposals, the six labor bills submitted to 
the current Diet session, reform plans after the Upper House 
elections, and the inner workings of the CEFP.  See Tokyo 2464 
for details.  (ECON: Marc Dillard) 
 
10.  (U) New IPR Promotion Strategy Eases Rules in Some Areas, 
Beefs-up Enforcement in Others 
----------------------------- 
 
The IPR Promotion Program for 2007 adopted by the Cabinet on June 
1 stresses a new focus on four priority areas: the environment, 
medical services, IT/telecommunications, and nanotechnology.  The 
Intellectual Property Strategy Headquarters' will develop 
specific strategies for each of these areas in the next year. 
 
The new program highlights the importance of nurturing and 
promoting Japanese content abroad, from anime to food. 
 
The program recommends easing copyright laws to promote internet 
TV programming and to enable Japanese companies to develop search 
engines. 
 
The program envisions a comprehensive international standards 
strategy so that Japanese industrial products become global 
standards. 
 
On the enforcement side, the program endorses speedy adoption of 
the Anti-Counterfeiting Trade Agreement (ACTA), measures to 
prevent online piracy of movies and music and a ban on 
advertisement for pirated products.  (ECON:  Marilyn Eresefsky) 
 
11.  (U) Conference on Coordinated Energy Security Measures 
----------------------------- 
 
On April 17-19 the Asia-Pacific Center for Security Studies 
(APCSS) and the Japan Institute of International Affairs (a 
think-tank affiliated with the Japanese Ministry of Foreign 
Affairs) co-hosted the "Energy Security Cooperation in the Asia- 
Pacific Conference," which was attended by 41 
participants/observers from Australia, China, Japan, Kazakhstan, 
Lithuania, Panama, ROK, Russia, and the United States. 
 The conference was conducted at the initiative of U.S. 
Ambassador Thomas Schieffer to improve cooperation on energy 
security issues in the Asia-Pacific region and establish a forum 
 
TOKYO 00002599  004 OF 007 
 
 
where collective measures can be taken to promote energy security. 
 
 
Specific objectives included: 
 
Develop a framework for characterizing dimensions of Asia-Pacific 
energy security; geological, technological, political, economic 
and environmental; 
 
Identify areas for coordinated institutional and policy action; 
 
Re-examine existing, and formulate fresh, regional approaches to 
energy management for better multilateral governance; and 
Articulate effective strategies and instruments for 
concerted and sustained cooperative action. 
 
In his keynote address, Ambassador Schieffer underscored that no 
issue was as important to Asia as the development of coordinated 
policies on energy and the environment.  Further, that this forum 
recognized that energy -- its security, stability and 
deliverability -- drives much of our respective foreign policies, 
thus it was vital that we explore new ways to look beyond our 
differences toward solutions. 
 
Working groups in the conference produced a set of policy 
recommendations on energy transportation, nuclear energy 
management, and investment and conservation, as well as voicing 
support for a strategic energy dialogue and the use of regional 
forums/organizations to promote energy cooperation.  A copy of 
the executive summary can be obtained from Ayanna Hobbs.  (EST: 
Ayanna Hobbs) 
 
12.  (SBU) Official Development Assistance (ODA) and Emission 
Trading 
------- 
 
A wind-powered electric generation plant, currently under 
construction in Egypt's Red Sea region through a 13.5 billion yen 
JBIC loan, will likely be approved as an ODA-supported Clean 
Development Mechanism (CDM) project to help reduce greenhouse gas 
emissions, according to a MOFA contact. 
 
As part of its national strategy to cope with global warming, 
Japan is seeking new long-term financial mechanisms to combat 
global warming in developing countries, and the OECD approved in 
2004 the use of ODA in the transfer of emission trading rights 
under the condition that the country that offers ODA will not 
directly acquire the rights.  (A private company from that 
country, however, can be the purchaser.) 
 
Our MOFA contact verified that the Japan Bank for International 
Cooperation (JBIC) has submitted an application to the CDM 
Executive Board under the United Nations Framework Convention on 
Climate Change (UNFCCC), and he believes the application is very 
likely to be officially approved at the CDM Executive Board 
meeting on June 20.  (ECON: Eriko Marks) 
 
13.  (SBU) Mishandling of JPEX Trade Information Raises Concerns 
----------------------------- 
 
A June 1 press report claiming that the Japan Electric Power 
Exchange (JEPX), which was established in 2005 to facilitate 
competition in the electricity market, inappropriately leaked 
trade information is misleading, according to a contact in the 
Electricity Market Division at the Agency for Natural Resources 
and Energy (ANRE). 
 
The article claimed that data on wholesale trading, including how 
much, when and from whom firms bought electricity, was sent to 
businesses uninvolved in the transaction and could give an 
advantage to major electricity companies while hindering new 
market entrants, and that METI will issue a written warning to 
JEPX and major power companies in connection with a violation of 
the Electricity Enterprises Law. 
 
Our ANRE source explained that, under the new electricity regime, 
if electricity in the Kansai region is sold to the Kanto region, 
it is transmitted through power cables owned by Kansai Electric 
Power, Chubu Electric Power and Tokyo Electric Power and each 
company receives relevant trading information from JEPX.  The 
incident described in the press involved JEPX sending the 
 
TOKYO 00002599  005 OF 007 
 
 
information to additional companies uninvolved in the transaction. 
 
 
The ANRE official declared that this was not a violation of the 
Electricity Enterprises Law.  He said, however, that ANRE has 
asked JEPX to improve its control of information and has also 
notified companies participating in the exchange of this request. 
JEPX has promised to update its computer system by the end of 
June. 
 
On a related note, the press article speculated that the Japanese 
practice of managing power generation, transmission and retail 
within one company -- which differs from the United States and 
Europe -- could come under fire again, but our ANRE source 
disagreed.  After the blackout in California in 2001, he said, 
the argument for separating the three divisions disappeared out 
of concern for ensuring a stable supply of electricity.  (ECON: 
Eriko Marks) 
 
14.  (SBU) Akagi Named Agriculture Minister after Predecessor's 
Suicide 
------- 
 
After a difficult search, Norihiko Akagi was named Japan's new 
Agriculture Minister on June 1.   The 48 year-old, six-term Diet 
member from Ibaraki Prefecture replaces Toshikatsu Matsuoka, who 
committed suicide days earlier in the face of growing corruption 
allegations. 
 
Young by the standards of Japanese cabinet ministers, Akagi is 
not well known to the public.  In explaining the appointment on 
June 1, Chief Cabinet Secretary Shiozaki told reporters that PM 
Abe selected Akagi in part because "he understands Japan's 
agricultural policies and Japan's place in the world," and would 
be effective in representing Japan's national interests. 
Speaking to the press after his appointment, Akagi acknowledged 
that he was arriving in office at a critical moment.  He told 
reporters he would basically follow the "footsteps" of his 
predecessor, Matsuoka, and do his best to develop a strong 
farming sector. 
 
The new minister added that he also wanted to follow climate 
change issues closely.  (ECON:  Nicholas Hill) 
 
15.  (SBU) New Agriculture Minister Wants Active Role for Japan 
in Doha Talks 
------------- 
 
New Agriculture Minister Akagi said he was prepared to play a 
role in WTO talks, and offered to fly to Europe where key WTO 
member states -- the United States, EU, India, and Brazil -- are 
set to meet on June 19. 
 
Echoing a theme we have heard frequently from other GOJ officials, 
Akagi told reporters on June 5 that "Negotiations without Japan, 
the world's largest food importer, are by no means acceptable." 
Akagi likened his participation in Doha negotiations at this 
stage to jumping on an express train charging along at full speed 
just before the final corner.  Akagi told reporters that WTO 
talks and FTA talks should play a complementary role in Japan's 
trade policy. 
 
Akagi is known to be wary about offering substantial 
liberalization in Japan's current economic partnership (EPA) 
talks with Australia. 
 
In his first days in office, Akagi spoke with Agriculture 
Secretary Johanns and U.S. Trade Representative Schwab. 
 
SIPDIS 
For more on Akagi, including his most recent meeting with an 
Embassy official, please see Tokyo 2463.  (ECON:  Nicholas Hill) 
 
16.  (SBU) New Ag Minister Echoes Predecessor's Cautious U.S. 
Beef Position 
------------- 
 
The United States and Japan continue to work through some 
difficult issues before Japan will be in a position to open its 
market further to U.S. beef, but there is no reason to expect a 
big push from incoming Agriculture Minister Akagi. 
 
Moments after he got off the phone with Agriculture Secretary 
 
TOKYO 00002599  006 OF 007 
 
 
Johanns on June 5, the Agriculture Ministry released a press 
statement about their discussion of the beef issue.  Akagi told 
Johanns that Japan was "in no hurry" to ease restrictions on U.S. 
beef to make them consistent with those recommended by the World 
Animal Health Organization last month. 
 
Meanwhile, at the working level, the two sides continue to follow 
up on the audits that Japanese inspectors conducted at U.S. 
slaughter facilities in late May, with a joint statement expected 
to be issued around June 15. 
 
Separately, the Japanese press has reported the story out of 
Seoul that the Korean government has shut down beef trade with 
the United States over some violations detected in the bilateral 
export agreement.  So far, the Embassy has not been contacted yet 
by GOJ officials seeking more information about the incident. 
(ECON:  Nicholas Hill) 
 
17.  (SBU) CPRR Committee Report Has Little to Say about 
Agricultural Reform 
------------------- 
 
The Prime Minister's Council for the Promotion of Regulatory 
Reform had relatively little to say about agricultural reform. 
Released on May 30, the Council's report indicates that a number 
of agriculture-related issues will be taken up in the future. 
 
This is consistent with what a CPRR member told us on May 25, 
when he indicated that a number of difficult agricultural issues 
would be revisited after Upper House elections in July. 
 
The CPRR Report indicated that the Council intends to take up "in 
the future" farmland reform and other policies designed to boost 
productivity in the farm sector. 
 
These include the operations of Japan Agriculture (JA), the large 
institution that serves as the lobbying arm of Japan's small 
farmers.  JA has been accused of wielding too much market power 
over key aspects of farmers' operations.  (ECON: Nicholas 
Hill/Ryoko Nakano) 
 
18.  (SBU) LDP Ag Caucus Not Enthusiastic about Calls for Reform, 
Accelerated Trade Liberalization 
-------------------------------- 
 
Japan should not "succumb to this overzealousness by academics 
gripped with liberalization fever."  According to the Japan 
Agricultural News, that is how LDP agriculture Diet members 
reacted to the recommendations of the CEFP working group looking 
at Japan's agriculture and FTA policies. 
 
When the LDP Policy Research Council convened on June 5th to 
discuss the draft Basic Policies Report of the Council on 
Economic and Fiscal Policy, a representative for the agriculture 
Diet members reportedly expressed concern about draft language on 
joint FTA studies between U.S. and Japan, as well as those in 
favor of starting preparations for an EU-Japan FTA. 
 
The members were wary about across-the-board cuts in tariff rates 
ranging from five to ten percent and the abolishment of the gate 
price system (e.g. currently used for pork), in which importers 
must pay the difference between the shipment's value and the 
minimum price set by the government 
 
A broader group of Diet members, coming from three different 
agriculture-related committees, also expressed concerns when they 
met on June 6 to discuss the CEFP working group recommendations 
(covered in earlier editions of the Scope). 
 
Absent stronger political backing, the draft Basic Policies 
Report under consideration does not cover especially sensitive 
proposals -- including allowing stock for land swaps to encourage 
land consolidation; reviewing farmland tax policies; and 
facilitating more foreign guest workers for the farm sector. 
 
Moreover, Agriculture Minister Akagi said in the Diet on June 6 
that the CEFP Basic Policies Report should not include any text 
that offered any "prejudgments" on WTO and EPA negotiations.  The 
decision on the final Basic Policies Report is expected to be 
made by June 19. 
 
 
TOKYO 00002599  007 OF 007 
 
 
The Agriculture Ministry (MAFF) is expected to issue its own 
report on agricultural reform in the fall.   (ECON: Nicholas 
Hill/Ryoko Nakano) 
 
 
19.  (U) U.S. -- Japan FTA Discussed at Tokyo American Center 
Event 
----- 
 
A free trade agreement between the United States and Japan would 
boost combined GDP by about $125 billion a year and create 
momentum to a broader APEC-wide free trade framework.  That is 
what Scott Bradford, Associate Economics Professor at Brigham 
Young University, said at an event organized at the Tokyo 
American Center on June 6. 
 
The prospect that the two countries would launch talks, Bradford 
said, hinged on a number of factors, including whether Congress 
passes the U.S. -- Korea FTA and whether Japan and Australia can 
conclude their own ambitious deal. 
 
Another factor that will affect the debate is whether Korea and 
the European Union make headway on their own talks.  Because 
trade barriers are higher in the EU than in the United States, 
Bradford said, a Korea -- EU deal would be an even bigger concern 
for Japan's business community. 
 
Bradford acknowledged that a bilateral deal could hurt some 
developing countries.  At the moment, Japan's trade patterns are 
more reliant on developing countries than are those of most other 
rich countries. 
 
Responding to a question from a Keidanren official, Bradford said 
that while there is interest in the U.S. business community for 
an FTA with Japan, interest in Congress was lukewarm, 
particularly among the Democrats, who are more protectionist in 
orientation. 
 
The same Keidanren official asked what affect a U.S. -- Japan FTA 
would have on the broader goal of an APEC-wide FTA.  Bradford 
said that it could serve as a stepping stone for some sort of 
regional framework. 
 
Bradford emphasized that a successful Doha deal should remain the 
number one trade priority for the United States. (ECON: Ryoko 
Nakano) 
SCHIEFFER