SCHEDULE
Agreement between the
United Kingdom of Great Britain and Northern Ireland and Japan on Social
Security
The United Kingdom of
Great Britain and Northern Ireland and Japan,
Being resolved to foster progress
in the field of social affairs by co-operating in the area of social security,
in particular as regards compulsory coverage,
Have agreed as follows:
Article 1
1. For
the purposes of this Agreement:
(a) “United
Kingdom” means Great Britain and Northern Ireland and, where the context
requires, also the Isle of Man, Jersey and Guernsey and, similarly, references
to “territory” in relation to the United Kingdom shall, where the
context requires, mean also the Isle of Man, Jersey and Guernsey.
(b) “Jersey”
means the Island of Jersey;
(c) “Guernsey”
means the Islands of Guernsey, Alderney, Herm and Jethou;
(d) “legislation”
means,
(i) in relation to
Japan, the laws and regulations of Japan concerning the pension systems
specified in paragraph 1(a) of Article 2 except those promulgated for
the implementation of other agreements on social security comparable with this
Agreement, and
(ii) in
relation to the United Kingdom, the Acts, Laws and Orders in Council, orders
and regulations of the United Kingdom specified in paragraphs 1(b) and 2 of Article 2
and the orders and regulations made under them;
(e) “the
EEA Agreement” means the Agreement establishing the European Economic
Area dated 2 May 1992 made between the European Community, its Member
States and the Member States of the European Free Trade Association and any
amendments or modifications thereto;
(f) “compulsory
coverage” means,
(i) in relation to
Japan, liability for contributions under the legislation of Japan or exemption
from liability for contributions by the legislation of Japan, and
(ii) in
relation to the United Kingdom, liability for contributions as an employed or
self-employed person under the legislation of the United Kingdom;
(g) “competent
authority” means,
(i) in relation to
Japan, any of the Governmental organizations competent for the Japanese pension
systems specified in paragraph 1(a) of Article 2, and
(ii) in
relation to the United Kingdom, the Commissioners of Inland Revenue or their
authorised representative, the Department of Health and Social Security of the
Isle of Man, the Employment and Social Security Committee of the States of
Jersey or the Guernsey Social Security Authority as the case may require;
(h) “competent
institution” means, in relation to Japan, any of the insurance
institutions, or any association thereof, responsible for the operation of the
Japanese pension systems specified in paragraph 1(a) of Article 2;
2. For
the purpose of this Agreement, any term not defined in this Agreement has the
meanings assigned to it under the respective legislation of either Party.
Article 2
1. This
Agreement shall apply,
(a) in
relation to Japan, to the following Japanese pension systems:
(i) the National
Pension;
(ii) the
Employees’ Pension Insurance;
(iii) the
Mutual Aid Pension for National Public Officials;
(iv) the
Mutual Aid Pension for Local Public Officials and Personnel of Similar Status;
(v) the Mutual Aid Pension
for Private School Personnel; and
(vi) the
Mutual Aid Pension for Agricultural, Forestry and Fishery Organization
Personnel; and
(b) in
relation to the United Kingdom, to:
(i) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992 and the Social Security (Consequential Provisions)
Act 1992;
(ii) the
Social Security Administration (Northern Ireland) Act 1992, the Social
Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social
Security (Consequential Provisions) (Northern Ireland) Act 1992;
(iii) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992 and the Social Security (Consequential Provisions)
Act 1992 (Acts of Parliament) as those Acts apply to the Isle of Man by
virtue of Orders made, or having effect as if made, under the Social Security
Act 1982 (an Act of Tynwald);
(iv) the Social
Insurance (Guernsey) Law, 1978;
(v) the Social Security
(Jersey) Law, 1974;
and the Acts, Laws and
orders which were repealed or consolidated by those Acts, Laws or orders
2. In
relation to the United Kingdom, this Agreement shall apply also to any Acts,
Laws, Orders in Council, orders or regulations which supersede, replace, amend
supplement or consolidate the Acts, Laws or orders specified in paragraph 1(b).
3. This
Agreement shall not affect rights and obligations arising under the law of the
European Union or under the EEA Agreement, or under any agreement or convention
on social security which either Party has concluded with a third party, but
shall not prevent either Party taking into account in the operation of this
Agreement the provisions of any such agreement or convention which that Party
has concluded with a third party.
Article 3
Subject to the provisions
of this Agreement, a national of one Party or any other person who is or has
been subject to the legislation of one Party shall, while that person is in the
territory of the other Party, have the same rights and obligations under the
legislation of that other Party as a national of that other Party.
Article 4
1. As
regards compulsory coverage, subject to the provisions of paragraph 2 to 5 and Articles 5
to 7, where a person works as an employed or self-employed person in the
territory of one Party, that person shall be subject only to the legislation of
that Party. Where a person is subject only to the legislation of the United
Kingdom in accordance with the provisions of this paragraph, that legislation
shall apply to that person as if that person were ordinarily resident in the
United Kingdom.
2. As
regards compulsory coverage, subject to the provisions of paragraph 1 of Article 5,
where a person works as an employed person in the territory of both Parties and
would otherwise be subject to the legislation of both Parties for the same
period, that person shall be subject only to the legislation of the Party in
whose territory that person is ordinarily resident.
3. As
regards compulsory coverage, where a person is ordinarily resident in the
territory of one Party and works as a self-employed person in the territory of
both Parties and in case that person would otherwise be subject to the
legislation of both Parties for the same period, that person shall be subject
only to the legislation of the Party in whose territory that person is
ordinarily resident.
4. As
regards compulsory coverage, subject to the provisions of paragraphs 1 and 2 of
Article 5, where a person works as an employed person in the territory of
one Party and as a self-employed person in the territory of the other Party and
in case that person would otherwise be subject to the legislation of both
Parties for the same period, that person shall be subject only to the
legislation of the Party in whose territory that person is ordinarily resident.
5. A
person who is receiving benefits under Japanese laws and regulations on account
of sickness, injury or pregnancy for any period while that person is in Jersey
or Guernsey, shall be excepted from liability to pay a contribution in respect
of that period, other than as an employed or self-employed person, under the
legislation of Jersey or Guernsey.
Article 5
1. As
regards compulsory coverage, subject to the provisions of Articles 6 and
7, where a person who is insured under the legislation of one Party, and
employed by an employer with a place of business in the territory of that
Party, is sent by that employer, either from the territory of that Party, or
from a third country, to work in the territory of the other Party, that person
shall be subject only to the legislation of the former Party as if that person
were working in the territory of that Party, provided that the period of such
detachment is not expected to exceed five years.
2. As
regards compulsory coverage, where a person insured under the legislation of
one Party, who ordinarily works as a self-employed person in the territory of
that Party, works only in the territory of the other Party, that person shall
be subject only to the legislation of the former Party as if that person were
working in the territory of that Party, provided that the period of the
self-employment in the territory of the other Party is not expected to exceed
five years.
3. Where,
by virtue of the provisions of paragraph 1 or 2, a person works as an employed
or self-employed person in the territory of one Party while remaining subject
only to the legislation the other Party, that person shall not be entitled to
pay contributions voluntarily under the legislation of the former Party, unless
such voluntary payments are made under the legislation of that former Party
with respect to voluntary payment of contributions only by those aged sixty or
over.
4. For
the purposes of this Article, “insured” means,
(a) in
relation to Japan, that, immediately before the commencement of the period of
detachment or self-employment in the United Kingdom, contributions have been
paid by, or in respect of, or are payable by, or in respect of, the person
concerned, or exemption from liability for contributions has been granted to,
or in respect of, the person concerned, and
(b) in
relation to the United Kingdom, that, immediately before the commencement of
the period of detachment or self-employment in Japan, contributions have been
paid by, or in respect of, or are payable by, or in respect of, or have been
credited in respect of, the person concerned.
Article 6
As regards compulsory
coverage of a person who works as an employed person on board a sea-going
vessel flying the flag of either Party, if that person would otherwise be
subject to the legislation of both Parties, that person shall be subject only
to the legislation of the Party in whose territory that person is ordinarily
resident.
Article 7
1. This
Agreement shall not affect the provisions of the Vienna Convention on
Diplomatic Relations of April 18, 1961, or the Vienna Convention on
Consular Relations of April 24, 1963.
2. As
regards compulsory coverage, subject to the provisions of paragraph 1, where
any civil servant of one Party, any person to be treated as such in the
legislation of that Party or any such person as the competent authority of that
Party may, within its authority, deem to be treated as a civil servant in the
operation of this Agreement, is sent to work in the territory of the other
Party, that person shall be subject only to the legislation of the former Party
as if that person were working in the territory of that Party.
Article 8
1. For
the purpose of modifying the application of the provisions of Articles 4
to 7 in a particular case, subject to paragraph 2 of this Article, as regards
compulsory coverage, where by virtue of the provisions of Articles 4 to 7
the legislation of one Party is applicable to a person, the competent authority
or competent institution of that Party may exempt that person from that
legislation, provided that the following requirements are fulfilled:
(a) that person
will be subject to the legislation of the other Party;
(b) that person
agrees to be subject only to the legislation of that other Party in advance;
and
(c) the
competent authority or competent institution of that other Party agrees on the
exemption in advance.
2. As
regards compulsory coverage of a person who works as an employee or
self-employed person in the territory of one or more third countries while that
person is working as an employee or self-employed person in the territory of
either or both of the Parties, if the legislation of either of the Parties does
not apply to that person under the provisions of Articles 4 to 7 of this
Agreement and that legislation applies to that person under the provisions of
any other agreement or convention on social security or any arrangement on
social security under the law of the European Union or under the EEA Agreement,
comparable with legislation of both Parties shall apply notwithstanding any
other provision of this Agreement.
Article 9
1. The
competent authorities or competent institutions of the two Parties shall
provide any assistance necessary for the operation of this Agreement. This
assistance shall be free of charge.
2. The
competent authorities or competent institutions of one Party shall, in
accordance with its legislation and other relevant laws and regulations, send
to those of the other Party information about an individual collected under its
legislation in so far as that information is necessary for the application of
this Agreement.
3. For
the purposes of this Agreement, no document of any kind written in the language
of one Party shall be rejected by the competent authorities or competent
institutions of the other Party on the ground that it is written in the
language of the former Party.
4. Unless
disclosure is required under the legislation or other relevant laws and regulations
of one Party, any information about an individual which is sent in accordance
with the provisions of paragraph 2 shall be treated as confidential and shall
be used only for the purposes of applying this Agreement and the legislation of
that Party.
5. The
competent authorities or competent institutions of the two Parties shall
co-operate, upon the request of one Party, to the extent possible in accordance
with their respective laws and regulations, as regards the collection of
contributions to be paid under the legislation of that Party.
Article 10
The competent authorities
of the two Parties shall:
(a) agree
on the administrative measures necessary for the operation of this Agreement;
(b) designate
liaison agencies for the operation of this Agreement; and
(c) communicate
to each other, as soon as possible, all information about changes to their
legislation in so far as those changes affect the operation of this Agreement.
Article 11
1. The
two Parties shall make all reasonable efforts to settle through negotiation any
dispute about interpretation or application of this Agreement.
2. If
any dispute cannot be settled as in the provisions of paragraph 1, it
shall be submitted, at the request of either Party, for decision to an arbitral
tribunal which shall be constituted for each individual case in the following
manner:
(a) each
Party shall appoint an arbitrator no later than sixty days after the date when
one Party has notified the other through diplomatic channels of the request for
arbitration. The two arbitrators shall agree to appoint a third arbitrator as
chairman of the arbitral tribunal, who shall not be a national of either Party,
and who shall be appointed no later than thirty days after the date when the
Party which was the later to appoint its arbitrator has notified the other
Party of the appointment; and
(b) if
either Party fails to appoint an arbitrator, or if the arbitrators appointed by
the Parties do not agree upon a chairman within the respective periods referred
to in sub-paragraph (a), either Party may request the President of the
International Court of Justice to make the necessary appointments. If the
President of the International Court of Justice is a national of one Party or
is prevented from making the appointments for any other reason, the
Vice-President of the International Court of Justice or, if the Vice-President
is similarly prevented from acting, the most senior judge of the International
Court of Justice who is not prevented may be requested to make the appointments.
3. The
decision of the arbitral tribunal, which shall be binding and final on both
Parties, shall be by majority vote.
4. Unless
the arbitral tribunal decides otherwise –
(a) each
Party shall bear the cost for its arbitrator, and of its representation before
the arbitral tribunal; and
(b) the
costs of the chairman and other expenses shall be shared equally between the
two Parties.
5. The
arbitral tribunal shall determine its own rules of procedure.
6. For
the purpose of paragraph 1 and 2 of this Article, “Party”, in
relation to the United Kingdom, means, as the case may require, the competent
authority of the United Kingdom.
Article 12
In applying the
provisions of paragraphs 1 and 2 of Article 5 in the case of persons whose
detachment or self-employment referred to in the said paragraphs commenced
prior to the date of entry into force of this Agreement, the period of such
detachment or self-employment shall be considered to begin on the date of entry
into force of this Agreement.
Article 13
This Agreement shall
enter into force on the date on which the Parties exchange diplomatic notes
informing each other that their respective constitutional requirements
necessary to give effect to this Agreement have been complied with.
Article 14
1. This
Agreement shall remain in force for an indefinite period. Either Party may give
to the other Party, through diplomatic channels, written notice of termination
of this Agreement. In that event, this Agreement shall remain in force until
the last day of the twelfth month following the month in which the termination
was notified.
2. In
the event that this Agreement is terminated in accordance with the provisions
of paragraph 1, negotiations shall take place between the competent authorities
of the two Parties for the settlement of any questions concerning contribution
liability outstanding by virtue of the provisions of this Agreement.
In witness whereof the
undersigned, duly authorised by their respective Governments, have signed this
Agreement.
Done in duplicate at
Tokyo, this 29th day of February, 2000, in the Japanese and English
languages, both texts being equally authoritative.
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For the Government of the United
Kingdom of Great Britain and Northern Ireland:
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For the Government of Japan:
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STEPHEN GOMERSALL
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YOHEI KONO
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